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INDONESIAN QUR’ANIC INTERPRETATIONS ON THE CONCEPT OF NUSHŪZ: A COMPARATIVE STUDY OF CLASSICAL AND REFORMIST APPROACHES AMONG INDONESIAN MUSLIM SCHOLARS Pitaloka, Lolla; Manggala, Kayan; Wafi, Hasan Abdul
MUSHAF: Jurnal Tafsir Berwawasan Keindonesiaan Vol 5, No 2 (2025): Transformation, Contextualization, and Locality in Qur'anic Studies in Indonesia
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/mushaf.v5i2.11134

Abstract

The concept of nusyuz in Islamic family law, particularly as outlined in QS. An-Nisa’: 34 and 128, remains a subject of debate, especially concerning power relations within the household and the potential justification of violence against women. A conservative textual reading tends to portray women as the primary perpetrators of nusyuz, subject to escalating sanctions up to physical punishment, while nusyuz by husbands receives minimal legal attention. This imbalance is reinforced by classical interpretations shaped by patriarchal paradigms. This study addresses an academic gap by comparing the contextual-normative interpretation of M. Quraish Shihab and the feminist-progressive interpretation of Siti Musdah Mulia regarding nusyuz. Using a qualitative-descriptive approach with literature review, content and discourse analysis, hermeneutic methodology, and critical engagement with global Muslim feminist literature, this research finds that Shihab seeks to reform classical views through a contextual lens that emphasizes harmony and shared responsibility, while maintaining male leadership. In contrast, Musdah Mulia deconstructs patriarchal interpretations and emphasizes spiritual and social equality between spouses. This study contributes to the development of a fair, inclusive, and contextual discourse on gender interpretation in Indonesia and enriches the dynamics of Islam Nusantara in addressing modern challenges, particularly in family law reform and gender justice.
Legal Pluralism and the Social Anomaly of Halal Governance: MSME Compliance and Market Negotiation in Lombok's Halal Tourism Regulation Wathoni, Abdul Wahid; Hidayah, Nur; Suhaimi, Ahmad; Adnan, Muh; Pitaloka, Lolla; Kilwakit, Marifat
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.11477

Abstract

Halal product assurance in Indonesia remains constrained by the gap between formal regulatory frameworks and the existing conditions and realities of Micro, Small, and Medium Enterprises (MSMEs). This study investigates how hybrid governance settings, where state law, local socio-cultural norms, and market incentives coexist and shape MSME compliance with halal certification requirements. Focusing on the tourism-dependent economy of Gili Trawangan, the article employs a qualitative socio-legal methodology, combining in-depth interviews, field observations, and document analysis. Guided by Critical Legal Pluralism, Maqāṣid al-Syarī‘ah, and Substantialist–Formalist Compliance Theory, the findings identify three distinct compliance pathways: adoption, adaptation, and resistance. These patterns emerge from actors' strategic negotiations across multiple normative orders, mediated by their compliance orientations and prioritization of hifẓ al-māl, hifẓ al-dīn, and hifẓ al-nafs. The study argues that effective halal governance cannot rely solely on legal enforcement but must realign economic and religious–ethical objectives to make those conditions mutually reinforcing. This reconceptualisation contributes to academic debates on legal pluralism in Islamic economic governance, offering policy recommendations to harmonise formal law with socio-economic contexts in tourism-based Muslim-minority regions.