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Ascarya: Journal of Islamic Science, Culture and Social Studies
ISSN : 27985083     EISSN : 27754243     DOI : https://doi.org/10.53754/iscs
The aim of the Ascarya Journal of Islamic Science, Culture & Social Studies (ISCS) is to disseminate the results of scientific research in the fields of Islamic science, culture, and social research widely. ISCS is intended to be a journal that publishes research articles in the fields of education, law, history, literature, sociology, anthropology, politics, economics, communication, science, information technology. ISCS accepts research-related articles with any research methodology that meets the standards set for publication in journals. The main audience, but not exclusively, are academics, graduate students, practitioners, and others. The main criteria for publication on the ISCS are the importance of the contribution of an article to literature in the fields of Islamic science, culture, and social affairs, namely the importance of contribution and accuracy of the analysis and presentation of the paper. Admission decisions are made based on an independent review process which provides a very constructive and prompt evaluation of submitted manuscripts.
Arjuna Subject : Umum - Umum
Articles 114 Documents
Power and Silence: Constitutional and Institutional Reforms to Address Sexual Violence in Indonesian Higher Education Muhtar Said; Fira Mubayyinah; Muhammad Adib Alfarisi; Ali Akhbar Abaib Mas Rabbani Lubis
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 6 No. 1 (2026)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/p2hmds41

Abstract

Why do comprehensive legal reforms fail to provide consistent protection for survivors of sexual violence in higher education? This article addresses this question through a qualitative doctrinal legal study informed by a Foucauldian perspective on the power relations. This analysis draws on primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law No. 12 of 2012 on Higher Education, Minister of Education, Culture, Research, and Technology Regulation No. 30 of 2021, and Law No. 12 of 2022 on Sexual Violence Crimes, complemented by relevant secondary legal materials. The findings demonstrate that Indonesia has developed an integrated legal framework that combines constitutional guarantees, higher education governance, administrative regulations, and criminal law. However, the effectiveness of this framework is shaped by institutional authority, academic hierarchy, disciplinary mechanisms, and living law, which collectively influence reporting practices, institutional accountability, and victim protection. This article argues that inconsistencies in institutional responses are explained not simply by the scope of statutory regulation but by the interaction between formal law, power relations, and living law operating within higher education institutions. By extending the concept of living law beyond its conventional association with local communities to modern organizations, this study offers a conceptual framework for understanding how legal authority acquires practical meaning in institutions.
Market Islam in Qur’an Reading Methods in Indonesia: Tradition and the Dynamics of Emerging Diversity Mubaidi Sulaeman; Moch. Nur Ichwan; Ahmad Rafiq
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 6 No. 1 (2026)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/s4a1rg45

Abstract

This study examines Qur’anic reading methods in Indonesia, focusing on Kediri, through the framework of Market Islam to investigate how religious authority is reorganized within contemporary Islamic educational markets. Employing a qualitative case-study approach, the research analyzes three Qur’anic learning methods—Jamiati, Al-Faqih, and Yanbu'a—using in-depth interviews, participant observation, and institutional documentation. The findings demonstrate that the circulation of Qur’anic pedagogy depends not only on spiritual legitimacy but also on the interaction between supply-driven authority, embodied in sanad, charismatic religious leadership, and institutional credibility, and demand-driven mechanisms, including standardization, teacher certification, organizational networks, and socially differentiated educational demand. While Jamiati and Al-Faqih remain predominantly supply-driven initiatives developed to address internal pedagogical needs within pesantren, Yanbu'a represents a hybrid configuration that successfully translates sanad-based authority into scalable organizational forms through standardized curricula, formalized instructor training, and extensive inter-pesantren networks. Unlike the dominant Market Islam literature, which largely associates religious markets with urban Muslim middle-class consumerism, the Kediri case demonstrates that the demand for Qur’anic learning methods is also generated through traditional pesantren communities, where religious capital, institutional trust, and collective educational traditions shape pedagogical preferences. This study extends Market Islam scholarship by arguing that the commodification of Qur’anic pedagogy entails not the erosion of religious authority but its organizational reconfiguration through the interaction of charismatic legitimacy, religious capital, and market rationality within contemporary Muslim educational institutions.
Preventing Harm or Securing Certainty? Disparities in Religious Court Rulings on Polygamy Permits Resulting from Pregnancy Out of Wedlock Sifa Mulya Nurani; Oyo Sunaryo Mukhlas; Siah Khosyi'ah; Ramdani Wahyu Sururie; Rohmad Nurhuda
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 6 No. 1 (2026)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/iscs.v6i1.862

Abstract

The pregnancy of a prospective second wife outside of marriage is not explicitly regulated by law as a valid reason for permitting polygamy, thus creating a legal vacuum and disparities in rulings by religious courts. This study aimed to investigate the causes of these disparities by comparing the Karangasem Religious Court (PA) Decision No. 1/Pdt. G/2018/PA.Kras, which granted the petition, and the Kaimana Religious Court (PA) Decision No. 22/Pdt. G/2019/PA.Kmn, which rejected it. This qualitative study employed a juridical-normative approach. Data collection was conducted through a document analysis of primary legal materials—namely, the two rulings—which were then analyzed using content analysis through the lens of Satjipto Rahardjo’s Progressive Law. The results of the study revealed a sharp divergence in the judges’ legal reasoning. The Karangasem Religious Court judge demonstrated a non-positivist and contextual approach that prioritizes substantive justice by boldly making legal innovations to protect children. The judge applied the fiqh principle of dar’ul mafasid muqaddamun ‘ala jalbil mashalih (preventing harm takes precedence over seeking benefit). In contrast, the judge at the Kaimana Religious Court adopted a rigid, positivistic, and textual approach, strictly adhering to the formal requirements of Law No. 1 of 1974, without considering the sociological urgency of the pregnancy. This study concludes that a progressive legal perspective is highly relevant to this specific case, in which the law serves to protect human beings and prevent greater harm to the legal status of mothers and children.
Reading Plurality on the Page: Qirāʾāt and Marginal Apparatus in Qur’anic Manuscripts from the National Library of Malaysia Achmad Yafik Mursyid; Faisal Ahmad Faisal Abdul Hamid; Aizan Ali Mat Zin
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 6 No. 1 (2026)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/64gcpp05

Abstract

This study examines how canonical qirāʾāt plurality is organized in five Qur’anic manuscripts preserved at the National Library of Malaysia (PNM): MSS 4333, MSS 3590, MSS 3599, MSS 5050, and MSS 3592. The manuscripts form a purposive analytical sample in which Sūrat al-Kahf (Q18) is legible at 16 loci of comparison. Main-text forms, corresponding marginal readings, and relevant visual markings were manually collated and mapped primarily against Abū ʿAmr al-Dānī’s al-Taysīr, with al-Nashr by Ibn al-Jazarī used to check riwāyah-level and ambiguous cases. Of the 80 main-text observations, 76 (95%) are compatible with the reading of ʿĀṣim, usually with a clear inclination toward Ḥafṣ. This stability does not remove other canonical readings. MSS 3590 preserves marginal alternatives at twelve of the sixteen loci, most often readings associated with Nāfiʿ and Abū ʿAmr, while retaining an ʿĀṣim-oriented main text. The sample displays two marked configurations—marginal annotation and in-line visual layering—and a residual category of unmarked main-text variation. This study argues that these pages establish a hierarchy of visibility: the main text privileges one reading, whereas selected alternatives remain available for comparison. The evidence supports comparative consultation but does not prove classroom use, local recitational prevalence, or the chronology of Ḥafṣ consolidation.

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