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Muhammad Lutfi Hakim
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INDONESIA
Journal of Islamic Law
Published by Institut Agama Islam Negeri Pontianak
ISSN : 27215032     EISSN : 27215040     DOI : 10.24260
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
JIL: Journal of Islamic Law emphasizes specifications in the discourse of Islamic Law and Social Institutions, communicates actual and contemporary research and problems concerning Islamic studies. This journal openly accepts the contributions of experts from related disciplines. All published articles do not necessarily represent the views of journals, or other institutions that have links to journal publications. The journal focuses on Islamic law studies, such as Islamic family law, Islamic economic law, Islamic criminal law, Islamic political law, Islamic astronomy (falak studies), with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, economics and is intended to communicate the original researches and current issues on the subject. This journal warmly welcomes any contributions from scholars of the related disciplines.
Arjuna Subject : Umum - Umum
Articles 81 Documents
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The Takharrūj Method as an Islamic Legal Solution for Customary Inheritance Practices among Muslim Communities in Pakamban Laok, Sumenep, Indonesia Takdir, Mohammad; Munir, Fajrul; Ludhfi, Ali; Muliyanzah, Muliyanzah; Muttaqin, Zainol
Journal of Islamic Law Vol. 4 No. 1 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i1.1044

Abstract

The division of inheritance that does not comply with Islamic law can instigate family conflicts. This assumption is contradicted by what occurs in Muslim society in Pakamban Laok Village, Sumenep Regency, Indonesia, where they can control conflicts by dividing the inheritance under customary law. This article examines why Muslim communities do not apply Islamic inheritance law and how their inheritance division practices can mitigate family conflicts. The study employs a case study approach with data collected through observation, interviews, and documentation. The study found that education, religiosity, economics, and social factors contribute to why the Muslim community in Pakamban Laok does not divide the inheritance of heirs under Islamic inheritance law. Testators typically divide their inheritance (gifts or hibah) to prevent family conflicts before passing away. If the inheritance has not been divided, it is distributed by the heirs, with the shares adjusted by agreement. In some cases, the heirs have invited a local religious scholar to divide the inheritance according to Islamic law, and some other heirs have opposed the division’s results. In Islamic jurisprudence, dividing inheritance to prevent family conflicts is called “takharrūj,” selling a share in inheritance. The authors argue that the takharrūj model can be used as a legal solution for inheritance division practices that are customary and familial.
Challenging the Status Quo: Khaled M. Abou El Fadl’s Perspectives on Islamic Legal Authority and the Restrictive Fatwa on Women’s Solo Travel Faiz, Muhammad Fauzinudin; Rohmatulloh, Dawam Multazamy; Solikhudin, Muhammad
Journal of Islamic Law Vol. 4 No. 1 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i1.1071

Abstract

This article discusses Khaled M. Abou El Fadl’s (El Fadl) views on Islamic legal authority and his critique of the fatwa prohibiting women from travelling alone without a maḥram (unmarriageable kin) issued by the Council for Scientific Research and Legal Opinions (CRLO), Saudi Arabia. This research employs a literature review method by analysing several fatwas issued by the CRLO and several of El Fadl’s works as primary sources. The research findings indicate that El Fadl strives to formulate an authoritative and progressive Islamic law. El Fadl criticises the CRLO’s authoritarian fatwa regarding the prohibition of women travelling alone without a maḥram using a hermeneutic framework. El Fadl emphasises that the reader must understand the message of the religious text by connecting the text at the time of its revelation with the current text, considering the text’s competence, meaning determination, and representation. According to El Fadl, the hadith text used as a basis by the CRLO is no longer relevant in the current context because of the sense of security can be overcome on which the fatwa is based. The author argues that El Fadl’s views belong to progressive Muslim thinking. This article is expected to contribute to the discourse on openness and inclusivity in Islam.
The Legal System of the All-You-Can-Eat Ticket System at Tlogo Argo-Tourism, Indonesia: A Maṣlaḥah al-Mursalah Perspective Norma Siamtina, Desi; Chairul Huda, Muhammad; Ma’mun, Sukron; Nastangin, Nastangin
Journal of Islamic Law Vol. 4 No. 1 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i1.1150

Abstract

This article analyzes the legal system in the all-you-can-eat ticket system of Tlogo argo-tourism in Central Java, Indonesia. This research is based on recent concerns over the system’s implementation, specifically regarding its lack of clarity (gharar). The study employs a qualitative approach, combining legal-empirical analysis with the legal system theory of Lawrence Friedman and the concept of maṣlaḥah al-mursalah (public interest). The findings show that the all-you-can-eat ticket system in Tlogo argo-tourism has three components required by Lawrence Friedman’s legal system theory: legal structure, legal substance, and legal culture. The legal culture component is crucial in implementing the all-you-can-eat ticket system internally and externally. Moreover, the system also fulfills the three elements of maṣlaḥah al-mursalah: maṣlaḥah ḍaruriyyah (primary public interest), maṣlaḥah ḥajiyyah (tertiary public interest), and maṣlaḥah tahsiniyah (tertiary public interest). Therefore, this study contributes to a wider and more comprehensive view of buying and selling practices from the legal system’s perspective and maṣlaḥah al-mursalah.
Not Eight, But Four: Muhammad Syahrūr’s Reconstruction of Mustaḥiq Zakah’s Classification Munir, Muhammad Misbahul; Khamim, Khamim
Journal of Islamic Law Vol. 4 No. 1 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i1.1211

Abstract

This article analyzes Muhammad Syahrūr’s thoughts on the mustaḥiq zakah (zakat recipient) classification based on his interpretation of Qur’anic verse, QS. al-Taubah [9]: 60. Syahrūr’s perspective is unique because it challenges the classification of mustaḥiq zakah that Islamic jurists have widely accepted. The article uses a literature review with a Gadamer hermeneutic approach. Data was collected through text studies and analyzed using descriptive-analytical techniques. The study found that Syahrūr classified mustaḥiq zakah into four categories: fakīr (poor person), miskīn (needy person), ghārim (the debtor), and ibn sabīl (wayfarer). Using a scientific-historical approach, Syahrūr expanded the meaning of fakīr to include orphans, miskīn to include people with special needs, ghārim to include debts for paying diyah (blood money) for wrongful killing (al-qatl al-khaṭa’), and ibn sabīl, which refers to travelers. Syahrūr’s interpretation of QS. al-Taubah [9]: 60 is a product of his scientific-historical approach, which he developed while in Moscow under the influence of the prevailing logic of the time (episteme), the structuralism of Russian formalism, and his linguistic teacher, Ja’far Dak al-Bāb. Syahrūr’s approach required him to observe the contemporary object’s condition in understanding QS. al-Taubah [9]: 60. The poor conditions in Syria, both internal and external factors, influenced Syahrūr’s interpretation of QS. al-Taubah [9]: 60.
Solving Pregnancy Out-of-Wedlock: ‘Dual Validity’ of Ngampang Marriage among Dayak Muslim Community in Sintang, Indonesia Alfarisi, Muhammad Adib; Hayat, Muhammad Jihadul; Hakimi, Adul Rahim
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1283

Abstract

According to most scholars of Islamic jurisprudence (jumhūr ʿulamā), marriage due to pregnancy (ngampang) is permissible as long as it is conducted under fiqh (Islamic jurisprudence) rules. Its validity is not contingent upon the situation/locus ‘in front of the state official’. It means that there is no significance in remarrying before the state official if an Islamic marriage has previously been performed beyond the walls of the state building. In reality, however, the community—in this context, the Muslim community of Sintang—often remarries before a marriage registrar to achieve state recognition in the case of marriage due to pregnancy. This article portrays how the Sintang Muslim community legalizes marriage status due to pregnancy. Data were collected through interviews. This article argues that in order to obtain state recognition of their marriage due to pregnancy, the Muslim community of Sintang often performs twofold marriage ceremonies. The first is according to customary standards (in line with the Statute of the Sintang Kingdom) and following Islamic rules. The second is according to national procedure (in front of a state official), which applies the same Islamic terms. It indicates that, in terms of resolving the issue of pregnancy out-of-wedlock, the Sintang Muslim community has to go through two standards that are not substantively contradictory to each other. Both standards actually rest on the same principles in Islamic law.
The Interaction of Fiqh and Science in the Dynamics of Determining the Beginning of the Hijri Month in Indonesia Hasan, Muhammad
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1433

Abstract

The determination of the onset of the Hijri month in Indonesia has frequently sparked controversy, especially among prominent Islamic organizations such as Nahdlatul Ulama and Muhammadiyah, as well as governmental entities like the Ministry of Religious Affairs. This contention arises from the diverse methods and criteria they adopt for the sighting of the hilāl (new crescent Moon) to mark the beginning of the Hijri month. This article delves into the interplay between fiqh (Islamic jurisprudence) and astronomy in determining the start of the Hijri month within the Indonesian context. Employing literature research with a scientific-cum-doctrinal approach, the article highlights three interactions between fiqh and science. Firstly, astronomy serves as a translator of jurisprudential concepts into empirical criteria for determining the beginning of the Hijri month. It underscores the interdependence of these two domains in decision-making rooted in religious beliefs and empirical knowledge. Secondly, the dynamic process of determining the start of the Hijri month in Indonesia reveals a complex interplay between fiqh and science, with varying viewpoints among religious scholars and scientific researchers regarding the criteria for moon sighting. Lastly, fiqh plays a role in legitimizing astronomy in the rukyah al-hilāl (crescent moon sightings) process through testimonies, wherein scholars of Islamic jurisprudence establish criteria for witnesses and use oaths to validate empirical scientific evidence supporting lunar visibility. This article offers valuable insights into the intricate relationship between fiqh and science in determining the start of the Hijri month in Indonesia.
Restriction of Islamic Civil Society Participation: Genealogy of Zakat Legal Politics and Its Centralized Management in Indonesia Emzaed, Ali Murtadho; Aulia, Sidiq; Rosadhillah, Valencia Kirana; Sukti, Surya
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1444

Abstract

This article analyzes the management of zakat (almsgiving) in Indonesia, focusing on the genealogy of legal politics and its relationship with state policies in centralizing zakat management. Given the variations in zakat management systems among Muslim countries, Indonesia’s direct participation in zakat management has provoked resistance within Islamic civil society. They do not desire any state intervention in zakat management, as it contradicts their longstanding practice before Indonesia’s independence. This article employs a historical approach and analyzes data using Fred W. Riggs’ prismatic legal theory. The authors find that the state’s argument for centralizing zakat management in Indonesia aims to optimize the efficient utilization of zakat funds. However, this policy hurts the participation of Islamic civil society in managing zakat according to their genealogical traditions. Therefore, the article argues that the state’s centralization of zakat management is inappropriate, as it overlooks the integral zakat practices rooted in Islamic civil society’s history and culture in Indonesia.
Preventing Violations of Religious and Social Norms: Judicial Interpretation of 'Urgent Reasons' in Marriage Dispensation at the Wonosari Religious Court, Indonesia Rohman, Taufiqur; Mahsus, Muhammad; Abduh, Muhammad; Arnone, Gioia
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1535

Abstract

Early marriage in Indonesia has garnered attention from international forums, urging the eradication of this practice to safeguard children’s rights. Despite national regulations raising the minimum age of marriage to 19 for both males and females, this practice persists due to legal loopholes allowing marriage dispensations granted by the court. Utilizing a socio-legal approach, this article analyzes 14 verdicts from the Wonosari Religious Court in 2022. The authors find that religious judges employ juridical, theological, psychological, and sociological argumentations in approving marriage dispensations based on three reasons presented by applicants. Among these reasons, two are granted not based on ‘urgent reasons’ but rather on interpretations of Islamic law and prevailing social norms. In-depth interviews with four religious judges handling these cases reveal variations in interpreting ‘urgent reasons’ in the context of marriage dispensations. The authors argue that the interpretation of ‘urgent reasons’ should prioritize the best interests of the child rather than merely considering potential violations of religious and social norms. This study provides profound insights into the dynamics of legal interpretation in the marriage dispensation decision-making process.
Conservatism on Islamic Legal Maxims: Judicial Interpretation of Polygamous Marriage at the Religious Courts of Mojokerto, Indonesia Hadi, Mukhammad Nur; Islamiyah, Latifatul; Kurniawan, Cecep Soleh
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1637

Abstract

This article explores religious judges’ interpretations of Islamic legal maxims through a content analysis of 30 verdicts that granted permission for husbands’ polygamous marriages issued by the Religious Court of Mojokerto in Indonesia from 2020 to 2022. Despite governmental efforts to restrict polygamous marriage practices due to potential negative consequences, religious judges often grant permission to husbands, considering a balance between maṣlaḥah (public good) and mafsadah (harm). Employing a normative-philosophical approach, this article identifies two recurring Islamic legal maxims consistently applied by judges: “dar’u al-mafāsid muqaddamun ‘alā jalb al-maṣāliḥ” and “idhā taʼārada mafṣadaṭānī rūʼiya aʼẓamuhumā ḍararan bi al-’irtikābi akhaffihimā.” However, their legal interpretations regarding maṣlaḥah and mafsadah reinforce the husband’s interest in the case of polygamous marriage. Thus, the authors argue that the interpretations of these legal maxims in practice reflect a conservative perspective that strengthens patriarchal hierarchies. These findings highlight that Islamic legal maxims as legal principles within Islam have not yet effectively functioned as an instrument of protection for vulnerable groups, especially women and children.
Violation of Women’s Rights: The Kawin Magrib Tradition of the Sasak Muslim Community in Lombok, Indonesia Sugitanata, Arif; Aminah, Siti; Sunardi, Heru; Sholikhah, Siti Khamidatus
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1772

Abstract

This article investigates violations of women’s rights stemming from the practice of kawin magrib, a form of forced marriage, within the Sasak Muslim community in Lombok, Indonesia. Despite its inherently gender-discriminatory nature, the kawin magrib tradition remains a fundamental aspect of Sasak Muslims’ identity and societal structure. Employing a socio-legal approach and conducting in-depth interviews with nine key informants, this study delves into the persistent reasons behind this tradition and its repercussions on women’s rights. The authors found that the primary objective of kawin magrib is to uphold the moral standards of the younger generation within religious norms. However, the profound adverse effects on women cannot be disregarded. This article highlights the severe psychological trauma endured by women due to this customary law and the potential for men to exploit this tradition deceptively, marrying women without genuine consent. Based on these findings, the article underscores the urgent necessity of reforming this practice, with a strong focus on safeguarding women’s rights and promoting gender equality.

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