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All Journal JURNAL PUSAKA : Media Kajian dan Pemikiran Islam Al-Syakhsiyyah : Journal of Law and Family Studies JURNAL PUSAKA: Media Kajian dan Pemikiran Islam
Mukhsin Achmad
Universitas Islam Indonesia, Yogyakarta
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Pluralism and Divorce Practices in the Baduy Indigenous Community: Negotiating Customary and Islamic Law in Indonesia Farhah Salsabila; Krismono Krismono; Mukhsin Achmad; Nizar Muh Faaruq Al Qudsi
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.13195

Abstract

This study aims to analyze legal pluralism in divorce practices among the Baduy indigenous community in Kanekes Village, Lebak Regency, Banten, by comparing the Inner Baduy, Outer Baduy, and Islamic Baduy communities. The research focuses on the dynamics of the relationship between customary law and Islamic law in shaping patterns of acceptance of divorce within the indigenous community. This study is a field study employing a qualitative socio-legal approach. Data were collected through in-depth interviews, observations, and documentation of traditional leaders, religious figures, and the Baduy community. Analysis was conducted using a descriptive-interpretive approach to understand divorce practices within the context of traditional values, religion, and social change in the Baduy community. The results indicate varying levels of acceptance of divorce among the three communities. The Inner Baduy strictly uphold the prohibition against divorce as part of maintaining customary and communal harmony. The Outer Baduy demonstrate a more flexible pattern of adaptation through mediation and limited accommodation in divorce cases. At the same time, the Islamic Baduy are more inclined to follow Islamic legal principles that permit divorce as a last resort to avoid harm. Nevertheless, all communities continue to prioritize the integrity of the household as a core value. This study contributes to strengthening research on legal pluralism by demonstrating that the relationship between customary law and Islamic law is one of negotiation and adaptation rather than merely conflict.
STUDI EPISTEMOLOGI HUKUM ISLAM DALAM KONTEKS FATWA MAJELIS ULAMA INDONESIA Syarif Firdaus Al Qadri; Mukhsin Achmad
JURNAL PUSAKA: Media Kajian dan Pemikiran Islam Vol. 14 No. 2 (2024): Edisi 23
Publisher : LPPI Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/ps.v14i2.1430

Abstract

This study aims to explore the epistemological foundations underlying the fatwa (religious decree) formulation process by the  Indonesian Council of Ulama (MUI) and analyze the dynamics of Islamic legal epistemology in the Indonesian context. Using a qualitative method with a content analysis and hermeneutical approach, this study examines MUI's fatwas published in the last decade, with contemporary Islamic epistemology theory and the maqashid sharia approach as the analytical framework. The research findings show that MUI applies an eclectic epistemological approach, integrating the bayani, burhani, and irfani methods in the fatwa establishment process. There is a significant effort to contextualize Islamic law with the realities of Indonesian society, reflected in the use of the principles of maslahah (public interest) and 'urf (local customs). MUI's collective ijtihad (independent reasoning) practice enriches the epistemological basis of the fatwas, but also poses challenges in synchronizing various perspectives. The novelty of this research lies in the comprehensive analysis of the dynamics of Islamic legal epistemology in MUI's fatwas in the digital era, which has not been widely explored before. This study reveals the flexibility and adaptability of Islamic legal epistemology in addressing contemporary issues, while also identifying the methodological challenges faced. The research recommends the development of a more systematic and transparent epistemological framework in the fatwa formulation process. Further studies are suggested to explore the impact of MUI's fatwas on Indonesia's socio-political dynamics and analyze the role of digital technology in the transformation of religious authority. Key words: epistemology; Islamic law; Indonesian Council of Ulama (MUI); fatwa; hermeneutics
STUDI EPISTEMOLOGI HUKUM ISLAM DALAM KONTEKS FATWA MAJELIS ULAMA INDONESIA Syarif Firdaus Al Qadri; Mukhsin Achmad
JURNAL PUSAKA: Media Kajian dan Pemikiran Islam Vol. 14 No. 2 (2024): Edisi 23
Publisher : LPPI Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/ps.v14i2.1430

Abstract

This study aims to explore the epistemological foundations underlying the fatwa (religious decree) formulation process by the  Indonesian Council of Ulama (MUI) and analyze the dynamics of Islamic legal epistemology in the Indonesian context. Using a qualitative method with a content analysis and hermeneutical approach, this study examines MUI's fatwas published in the last decade, with contemporary Islamic epistemology theory and the maqashid sharia approach as the analytical framework. The research findings show that MUI applies an eclectic epistemological approach, integrating the bayani, burhani, and irfani methods in the fatwa establishment process. There is a significant effort to contextualize Islamic law with the realities of Indonesian society, reflected in the use of the principles of maslahah (public interest) and 'urf (local customs). MUI's collective ijtihad (independent reasoning) practice enriches the epistemological basis of the fatwas, but also poses challenges in synchronizing various perspectives. The novelty of this research lies in the comprehensive analysis of the dynamics of Islamic legal epistemology in MUI's fatwas in the digital era, which has not been widely explored before. This study reveals the flexibility and adaptability of Islamic legal epistemology in addressing contemporary issues, while also identifying the methodological challenges faced. The research recommends the development of a more systematic and transparent epistemological framework in the fatwa formulation process. Further studies are suggested to explore the impact of MUI's fatwas on Indonesia's socio-political dynamics and analyze the role of digital technology in the transformation of religious authority. Key words: epistemology; Islamic law; Indonesian Council of Ulama (MUI); fatwa; hermeneutics
Co-Authors Farhah Salsabila Krismono Krismono Nizar Muh Faaruq Al Qudsi Syarif Firdaus Al Qadri