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All Journal Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara
Titing Oting Supartini
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Religion Law, Crime, Criminology & Criminal Justice

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Filsafat Wasiat Wajibah dalam Sistem Hukum Kewarisan Islam di Indonesia Titing Oting Supartini; Aden Rosadi; Usep Saepullah; Husain Husain
Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah Vol. 2 No. 2 (2025): Juni : Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah
Publisher : Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/hidayah.v2i2.953

Abstract

This study explores the philosophy of wasiat wajibah (obligatory bequest) within the Islamic inheritance law system in Indonesia, by examining its philosophical, normative, and practical foundations in the context of national law. Wasiat wajibah is a legal institution that grants a mandatory inheritance share to heirs who are otherwise excluded from inheritance rights, such as grandchildren whose parent (the child of the deceased) has passed away before the testator. The purpose of this study is to examine the philosophical foundations of wasiat wajibah, its relevance to the Islamic principle of justice, and its integration into Indonesia's positive legal system. This research adopts a qualitative approach with a normative-philosophical method. Data were collected through literature review of both primary and secondary sources, including classical Islamic jurisprudence texts, Indonesian legal regulations (such as the Compilation of Islamic Law), and philosophical writings on Islamic legal thought. The data were analyzed interpretively and reflectively through textual and conceptual analysis. The findings indicate that wasiat wajibah is grounded in strong philosophical principles of justice, compassion, and protection of vulnerable groups. In the Indonesian context, this concept has been incorporated into the Compilation of Islamic Law, particularly in Article 209, as a form of legal adaptation to the complex and plural realities of modern society. However, its implementation still faces challenges due to differing scholarly opinions among Islamic schools of thought and limited awareness among legal practitioners. In conclusion, wasiat wajibah serves as a bridge between Islamic moral values and a responsive positive legal system. A philosophical approach to wasiat wajibah reinforces the urgency of reconstructing the Islamic inheritance system in Indonesia to be more just, adaptive, and contextually relevant.
Menelusuri Jejak Ijtihad: Metode Dewan Hisbah Persatuan Islam dalam Merespons Isu Zaman Titing Oting Supartini; Ending Solehudin
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 2 (2025): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

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Abstract

This study discusses the ijtihad method used by the Hisbah Council of Islamic Unity (PERSIS), one of the major Islamic organizations in Indonesia known for its commitment to the purification (tajdīd) of Islamic teachings. This research is motivated by the importance of understanding how religious institutions respond to socio-religious dynamics through a distinctive ijtihad mechanism. The main purpose of this study is to analyze the methodological approach of the Hisbah Council in formulating fatwas of contemporary Islamic law. This research uses a qualitative approach with a descriptive-analytical method. Data collection was carried out through a literature study of the official fatwa documents of the Hisbah Council, minutes of deliberations, and supporting literature related to the methodology of ijtihad and Persis Islamic thought. The results of the study show that the ijtihad method of the Hisbah Council is textualist-scriptural with an emphasis on the postulates of the Qur'an, sahih hadith, and qiyās. They reject the blind form of taklid as well as the use of istihsān and maṣlaḥah mursalah methods which are considered loose or do not have a strong nash basis. This study shows that the Hisbah Council maintains epistemological consistency in maintaining the purity of Islamic legal sources, but still shows a selective attitude in responding to contemporary issues. This strengthens the position of the Hisbah Council as an influential ijtihad authority in shaping the direction of religious thought of the Islamic Union in the modern era.
Divorce in the Islamic Legal System, the Continental European System, and the Anglo-Saxon Legal System Titing Oting Supartini; Ah. Fathonih; Fauzan Ali Rasyid
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 3 (2025): September
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v1i3.64

Abstract

This study examines the comparison of the divorce legal system in three main legal traditions, namely Islamic Law, Continental European Law (civil law), and Anglo-Saxon Law (common law). Divorce as a legal event not only has implications for the breakdown of civil relations between spouses, but also has significant social, psychological, and economic consequences. Each legal system offers a different normative, procedural, and philosophical approach to regulating divorce, both in terms of terms, implementation mechanisms, and protection for vulnerable groups such as women and children. This study uses a comparative legal approach by utilizing Kelsen's theory of legal norms, Pound's theory of the social function of law, and Rawls and Dworkin's concepts of substantive and procedural justice. This analysis aims to describe the differences and similarities in divorce legal approaches in the three systems, as well as evaluate the effectiveness of each system in realizing justice and protection of rights in the context of divorce. This research also emphasizes the importance of harmonizing the principles of justice in divorce regulation in the era of globalization.
Co-Authors Aden Rosadi Ah. Fathonih Ending Solehudin Fauzan Ali Rasyid Husain Husain Saepullah, Usep