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All Journal El-Mashlahah Khazanah Hukum
Roni, Rusli Abdul
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Law, Crime, Criminology & Criminal Justice

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Prioritizing Restorative Justice in the Settlement of the Sumbang Besak Adultery Case in Babeko Village, Jambi Fitri Habi, Nuraida; Adawiyah, Robi'atul; Harun, Hermanto; Kurniawan, Ardian; Roni, Rusli Abdul
El-Mashlahah Vol 14 No 2 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i2.8030

Abstract

This research examined resolving customary violations of sumbang besak in Babeko Village, Jambi, by prioritizing restorative values in customary law. Research in the context of this social realm tried to look at customary law as a whole, whether it is still regressive or is influenced by the significance of restorative discourse, which has been progressive. The aim of this research was not only to find out the mechanism for resolving conflicts and imposing punishment but also to look at the role and concept of traditional law in Babeko Village restoring disturbed relationships. Using empirical research methods and an anthropological juridical approach, data was collected through interviews with traditional leaders, observations of traditional communities, and documentation and review of related literature. The findings of this research find out the strength of the Babeko Village customary legal system, which has successfully implemented a restorative approach by prioritizing the recovery of victims, violators, and affected communities. Prioritizing dialogue and reconciliation is important in resolving cases, to produce fair and sustainable results. This concept can then become a reference in the development of the national legal system, specifically in alternative dispute resolution models.
Rethinking the Legal Status of Non-Muslims in Islamic Law: Al-Muwāṭinūn and the Constitutional Framework of Citizenship in Indonesia Harun, Hermanto; Tauvani, A. Yuli; Tumadi, Nurul Hidayah; Roni, Rusli Abdul
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44897

Abstract

This study aims to examine the relevance of classical Islamic legal categories in defining the status of non-Muslims within the context of Indonesia’s pluralistic and democratic state. The research is motivated by recent debates surrounding the use of the term kāfir ("infidel") and the need to reassess traditional terminologies such as ahl al-dhimmah, ahl al-ḥarb, al-muʿāhid, and al-mustaʾmin in light of contemporary constitutional values. Using a qualitative approach within a library-based research design, the study analyzes classical fiqh texts and Indonesian constitutional and statutory legal documents. Through thematic content analysis, the study evaluates the compatibility of Islamic legal reasoning with modern legal principles. The findings indicate that classical classifications of non-Muslims were shaped by the political and imperial contexts of premodern Islamic governance. These categories are no longer fully applicable in the Indonesian nation-state, which is based on equality before the law and religious pluralism. In contrast, the concept of al-muwāṭinūn (citizens) aligns with the Islamic legal principle of murūnah (adaptability) and supports ijtihād (juridical reasoning) responsive to contemporary societal needs. The study contributes practically by offering a theologically grounded yet constitutionally relevant vocabulary for citizenship that enhances civic inclusion and legal equality. It demonstrates how Islamic jurisprudence can evolve to support pluralistic nationhood. This research provides an original contribution by contextualizing classical fiqh within Indonesia’s constitutional framework, an area underexplored in existing literature. By bridging Islamic legal ethics and Indonesian law, it offers a normative model for redefining non-Muslim citizenship in Muslim-majority democracies.
Co-Authors Adawiyah, Robi'Atul Fitri Habi, Nuraida Hermanto Harun Kurniawan, Ardian Tauvani, A. Yuli Tumadi, Nurul Hidayah