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All Journal Jurnal Kajian Hukum dan Sosial
Muwaffiq Jufri
Faculty of Law Universitas Trunojoyo Madura
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Religion and State in Islamic Constitutional Law: The Role of Pesantren in Strengthening Symbiotic Islam and the State in Madura Muwaffiq Jufri; Safi Safi; Paul Atagamen Aidonojie; Zaini Zaini; Yusuf Ibrahim Arowosaiye
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.9283

Abstract

The Pesantren Law further emphasizes the existence of pesantren who are responsible for spreading the ideology of patriotism. Pancasila has established a mutual need and benefit pattern between religion and the state. It is unique that the position of religion in Pancasila is based on the first principle. This follows the thinking of the pesantren in Madura, who view that religion and the state cannot be contradicted because both have a mutually beneficial relationship (symbiotic). The purpose of writing this article is to find out the strategy of the pesantren in spreading the symbiotic understanding of religion and the state in Madurese society, which has proven successful in preventing the spread of radicalism in Madurese Muslim society, where the process of spreading has been massive through social media and online media. This research uses empirical legal research with legal sociology and legal anthropology approaches. The results obtained in this study show that pesantren in Madura use two methods and strategies to spread the Islamic ideology of love for the homeland, namely through internal and external strategy. Internal strategies are carried out through the pesantren teaching system, based on the postulates and advice on patriotism to its students. The external strategy is carried out through establishing a network of pesantren and madrasah branches and organizing the duty ustad program in community life to build and maintain the Nusantara Islamic ideology that loves the country. This research contributes to efforts to improve public understanding of the importance of maintaining harmonious relations between religion and state. This model of strengthening understanding can be a reference for the government in implementing policies to strengthen public understanding of the symbiotic of Islam and the state through religious institutions.
Legal Protection for Children Without Family Care: A Comparative Study of Oman, UAE, and Morocco Souad Ezzerouali; Mashaallah Alzwae; Muwaffiq Jufri; Abdelrazek Wahba Sayed
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.10750

Abstract

This study aims to examine how Omani law protects vulnerable children without family care through foster care arrangements. In addition to assessing the effectiveness of this protection, the study also compares Oman's approach with that of Morocco and the United Arab Emirates, as well as the principles of Islamic Sharia law. Using a descriptive and comparative methodology, this article analyzes the legal conditions for foster care duties and monitoring procedures in Oman. It highlights strengths in the existing legal framework, but also reveals shortcomings in implementation and oversight. Learning from stronger practices in Morocco and the UAE and aligning them more closely with Sharia objectives is one of the recommendations. The research found that while the legal framework in Oman has provided a sufficient basis for the care of vulnerable children without families, there are still significant weaknesses in aspects of implementation and oversight mechanisms. Compared to Morocco and the United Arab Emirates, Oman has not fully adopted best practices in terms of monitoring, ensuring children's rights, and community involvement. The findings also indicate a gap between national legal provisions and the shariah's key objectives in protecting children's rights. By evaluating this dimension of the welfare system through contrasting regional examples and religious principles, this research contributes to the development of a new approach to child welfare.
Co-Authors Abdelrazek Wahba Sayed Mashaallah Alzwae Paul Atagamen Aidonojie Safi Safi Souad Ezzerouali Yusuf Ibrahim Arowosaiye Zaini Zaini