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All Journal Al-Mizan (e-Journal) Jurnal Ilmiah Al-Syir'ah Lentera:Indonesian Journal of Multidisciplinary Islamic Studies Khazanah Sosial
Zulfitri Zulkarnain Suleman
IAIN Sultan Amai Gorontalo
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Kritik terhadap Fikih Poligami: Studi atas Pemikiran Siti Musdah Mulia Zulfitri Zulkarnain Suleman; Zulkarnain Suleman
Al-Mizan (e-Journal) Vol. 15 No. 1 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (688.756 KB) | DOI: 10.30603/am.v15i1.853

Abstract

This paper discusses about the Siti Musdah Mulia’s thought about polygamy in Islam. This research is a library research with primary data sources are the writings of Siti Musdah Mulia about women, especially polygamy. Data were analyzed descriptively qualitatively with a sociological approach to law. The results showed that Siti Musdah Mulia refuted polygamy because it was considered to insult and insult women's dignity. The Marriage Law and Compilation of Islamic Law which legalize polygamy favor the interests of men and ignore women. The provisions of polygamy in the Marriage Law and KHI have psychological implications for women; violence against women; and social towards the community. Whereas the principle of ushul fiqh is to reject the negative excesses rather than benefit.
Indications of Discrimination in Regional Regulation Against Migrants in Bali (Bali Regulation Number 4 of 2019) Nova Effenty Muhammad; Zulfitri Zulkarnain Suleman
Khazanah Sosial Vol. 5 No. 2 (2023): Khazanah Sosial
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ks.v5i2.25103

Abstract

This study aims to find out the background of the formation of Peraturan Daerah (Regional Regulation – Regional Regulation) Number 4 of 2019. The researcher found that there is an effort by the Bali provincial government to provide a legal umbrella to the Customary Village in regulating its citizens and forming awig-awig or village rules respectively as a customary village. But the migrants in Bali who are mostly Muslims in Bali feel this is a form of discrimination. To analyze this problem the author uses qualitative research. Primary data sources are from the Bali Provincial Legal Bureau, from the Village Development Office, Traditional Village administrators, and migrants in Bali.  Meanwhile, migrants on the island of Bali, the majority of whom are Muslims, feel that the Adat Village regulation as the embodiment of Regional Regulation Number 4  of 2019 is a discriminatory regional regulation because it provides a legal umbrella for the implementation of fees/collections carried out by Adat Villages in Bali. There is also competition or competition such as in the economic field, migrants or tamiu who live in Bali to try their luck and make a living are considered obstacles for residents. The 2011 bombing incident was also the peak of the conflict because the perpetrators were migrants/tamiu in Bali.  This research finds that the relationship between Islam and Hinduism in Bali appears to be harmonious, but in fact it is shrouded in several hidden conflicts called Pragmatic Tolerance. The contribution of this research is expected to benefit the meaning of religious moderation in the scheme of real religious tolerance in Indonesia.
Negotiating Islamic Moderation: The Interplay of Sharia and Local Culture in Gorontalo, Minangkabau, and Banten Zulfitri Zulkarnain Suleman; Donald Qomaidiasyah Tungkagi; Zulkarnain Suleman; Sofyan A.P. Kau; Mohd Afandi Salleh
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3527

Abstract

Muslim scholars and local communities have actively negotiated the Islamization process in Indonesia through complex engagements with Islamic law (sharia) and local cultural traditions. This study examines how such interactions have shaped distinct constructions of Islamic moderation in three culturally significant regions: Gorontalo, Minangkabau, and Banten. Employing a qualitative, field-based approach, the research utilizes in-depth interviews, participant observation, and document analysis to explore the integration of sharia and adat (customary law). The findings reveal three typological models of Islamic moderation: (1) an integrative model in Gorontalo, where royal diplomacy and political marriage internalized Islamic law within the framework of customary governance; (2) a negotiation model in Minangkabau, emerging from post-conflict reconciliation between ulama and customary leaders, institutionalized through the philosophy of Adat basandi syarak, syarak basandi Kitabullah; and (3) a hegemonic model in Banten, characterized by the dominance of Islamic law over local traditions, embedded within the centralized religious authority and state power. These findings suggest that Islamic moderation in Indonesia is not a singular concept but the product of historically and contextually embedded legal-cultural dynamics. The study concludes that Islamic moderation is a localized negotiation among legal norms, cultural practices, and power structures. Its academic contribution advances the understanding of legal pluralism in Muslim societies while offering policy-relevant insights for promoting religious tolerance and cultural inclusivity in Indonesia.
Two Faces of Maqāṣid al-Sharīʿah: Reading Polygamy from the Perspectives of Progressives and Revivalists in Indonesia Zulfitri Zulkarnain Suleman; Zulkarnain Suleman; Donald Qomaidiasyah Tungkagi
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 8 No 2 (2026): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v8i2.14875

Abstract

The debate on polygamy in contemporary Indonesian Islamic family law continues without resolution, particularly because both revivalist and progressive groups employ maqāṣid al-sharī‘ah to justify their opposing positions. This article aims to map the use of maqāṣid by both groups, identify the underlying epistemological differences, and demonstrate that maqāṣid is ideologically neutral. This research employs a qualitative approach using critical discourse analysis of progressive works (Siti Musdah Mulia, Husein Muhammad, and Faqihuddin Abdul Kodir) and revivalist works (Khalid 'Abdurraḥman, Abu Salma al-Atsari, and Firanda Andirja). Through systematic analysis of argumentative patterns, textual interpretations, and legal reasoning methods in these works, the findings reveal that progressives utilize maqāṣid inductively-anthropocentrically, making the empirical impact on women and children the basis of their assessment, while revivalists operationalize maqāṣid deductively-theocentrically, treating textual conformity as the measure of maṣlaḥah. This study proposes an epistemological framework for analyzing the use of maqāṣid al-sharī‘ah in contemporary polygamy discourse by identifying five fundamental differences: direction of inference, function of maqāṣid, verification of maṣlaḥah, subject of maṣlaḥah, and the ideal-actual relationship. The academic implication of this framework is shifting the focus of the debate from substantive to epistemological level, which offers a new analytical lens for Islamic family law scholarship and provides a basis for more transparent dialogue between revivalist and progressive approaches regarding the sources and methods of verifying maṣlaḥah.
Co-Authors Donald Qomaidiasyah Tungkagi Donald Qomaidiasyah Tungkagi Mohd Afandi Salleh Nova Effenty Muhammad Sofyan A.P. Kau Zulkarnain Suleman Zulkarnain Suleman