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Contemporary Issues on Interfaith Law and Society
Published by Universitas Negeri Semarang
ISSN : 28298373     EISSN : 28298624     DOI : https://doi.org/10.15294/ciils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The CIILS is also dedicated to publish an innovative research on and study of the interactions that take place within and between religious communities in the law and policy context by multidisciplinary perspectives including politics, economics, theology, psychology, and other related topics.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 31 Documents
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A Comparative Study of Blasphemy Law in Indonesia and America: Religious and Legal Aspects Puspaningrum, Febrianti Dwi; Adhi, Christoper Theovino; Satrio, Adrianus Sandy Darmawan
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.59064

Abstract

Blasphemy laws serve as contentious intersections of religious belief and legal governance, reflecting the complex relationship between state authority and individual freedoms. This comparative study explores the dynamics of blasphemy laws in two diverse contexts: Indonesia and the United States. Indonesia, as the world's most populous Muslim-majority nation, exemplifies a predominantly Islamic legal framework, while the United States, renowned for its constitutional protections of free speech, offers a contrasting perspective rooted in secular principles. Drawing upon religious, cultural, and legal dimensions, this research scrutinizes the origins, evolution, and enforcement of blasphemy laws in both countries. It examines the socio-political contexts that shape interpretations of blasphemy, exploring the role of religion in public discourse and legal jurisprudence. Furthermore, it delves into case studies and landmark legal rulings to discern the practical implications of blasphemy laws on religious minorities, freedom of expression, and societal cohesion. By juxtaposing these two distinct legal landscapes, this study aims to illuminate the complexities inherent in navigating religious sensitivities within legal frameworks, as well as the broader implications for human rights and democratic governance. Through an interdisciplinary approach, it seeks to foster a nuanced understanding of the multifaceted interactions between religion, law, and society, thereby contributing to scholarly discourse and policy dialogue on issues of religious freedom and legal pluralism in an increasingly interconnected world.
A Discourse of Capital Punishment in the Islamic Law and Human Rights Law Saputro, Muhammad Eko; Febriansyah, Andhika; Putri, Faradisya Diandra
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66291

Abstract

Capital punishment remains a contentious issue at the intersection of Islamic law and human rights law. This paper undertakes a comprehensive examination of the discourse surrounding capital punishment within these two legal frameworks. Islamic law, rooted in the Quran and Sunnah, provides guidance on criminal justice, including provisions for the death penalty in certain cases. Human rights law, on the other hand, emphasizes the protection of individuals' inherent dignity and right to life, often challenging the legitimacy of capital punishment. Through a comparative analysis, this paper explores the philosophical, theological, and legal underpinnings of capital punishment in Islamic law and human rights law. It delves into the historical evolution of capital punishment in Islamic jurisprudence and examines contemporary interpretations and applications of hudud punishments. Additionally, it scrutinizes international human rights instruments and jurisprudence, evaluating the compatibility of capital punishment with principles of human dignity and the right to life. Furthermore, this paper examines the practical implications of capital punishment within Islamic legal systems and its interaction with human rights norms. It considers case studies and legal precedents from various jurisdictions to illustrate the complexities and challenges inherent in reconciling Islamic legal principles with international human rights standards regarding capital punishment. By engaging in this discourse, the paper aims to foster a nuanced understanding of the tensions and harmonies between Islamic law and human rights law concerning capital punishment. It contributes to scholarly dialogue on the intersection of religion, law, and human rights.
Reconstruction of Sharia Tourism in the New Normal Era Through the Implementation of the Halal Tourism Concept in Indonesia Izza, Rizqiya Lailatul; Arifin, Adelia Arnanda; Anggarini, Ulifah
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66293

Abstract

As the global tourism industry navigates through the challenges imposed by the COVID-19 pandemic, the concept of Sharia tourism emerges as a promising avenue for the reconstruction of the tourism sector, particularly in predominantly Muslim countries like Indonesia. This paper explores the potential of implementing the Halal tourism concept as a means to revive and reconstruct Sharia tourism in Indonesia amidst the new normal era. By examining the principles and practices of Halal tourism and analyzing its compatibility with the prevailing socio-cultural and economic landscape of Indonesia, this study aims to offer insights into how Sharia tourism can adapt and thrive in the post-pandemic world. Through a comprehensive review of existing literature, this paper evaluates the feasibility and effectiveness of Halal tourism in Indonesia, considering factors such as infrastructure, policy frameworks, market demand, and stakeholder collaborations. Additionally, it discusses the implications of Halal tourism for economic development, social cohesion, and sustainable tourism practices in Indonesia. The findings of this study contribute to the discourse on the reconstruction of Sharia tourism in the new normal era, providing recommendations for policymakers, industry stakeholders, and community leaders to harness the potential of Halal tourism for inclusive and resilient tourism development in Indonesia.
Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia Zainurohmah, Zainurohmah; Andini, Marcelia Puspa; Damayanti, Anisa Vira
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66295

Abstract

The distribution of joint assets following divorce is a significant aspect of family law, particularly within the framework of Islamic law in Indonesia. This paper explores the discourse surrounding post-divorce asset distribution from an Islamic legal perspective, shedding light on the principles, practices, and challenges within the Indonesian context. Grounded in Islamic jurisprudence, the analysis delves into the principles governing asset distribution, including considerations of fairness, equity, and the well-being of family members. It examines the Quranic injunctions and Prophetic traditions that guide asset division, as well as the interpretations and applications of Islamic law by legal scholars and judicial authorities in Indonesia. Moreover, the paper scrutinizes the contemporary legal landscape and societal norms influencing post-divorce asset distribution in Indonesia. It addresses the evolving nature of family structures, economic dynamics, and gender roles, and their impact on asset division practices within Islamic law. Through a multidisciplinary approach encompassing Islamic studies, family law, and socio-legal analysis, this paper contributes to a deeper understanding of the complexities surrounding post-divorce asset distribution in the Indonesian context. By elucidating the intersection of Islamic legal principles, cultural norms, and modern legal frameworks, it aims to inform legal practitioners, policymakers, and scholars engaged in family law reform efforts and contribute to the promotion of justice and equity in family matters within Islamic societies.
Granting Inheritance to Extramarital Children in the Perspective of Islamic Law Khoyum, Adlian Aldita Alif Aisyah Ainur; Amilia, Bertha; Ardana, Candra Hafidz
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66343

Abstract

At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.
Comparative Justice Accountability of Samen Leven Actors in Indonesia and Malaysia Saputri, Atha Difa; Julianto, Ricky
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.67671

Abstract

The phenomenon of samen leven, or cohabitation, challenges traditional religious and cultural norms in Indonesian society, yet it has become increasingly prevalent in contemporary times, particularly in Indonesia and Malaysia. This trend suggests a shifting landscape where moral and religious values are undergoing transformation. This article delves into the regulatory frameworks surrounding cohabitation, examining provisions within both current and proposed Criminal Codes, and explores the ensuing debates and controversies. Additionally, it scrutinizes the legal, religious, and social perspectives on cohabitation, along with the associated sanctions. The primary objective of this paper is to comprehensively understand the legal stance on cohabitation and explore measures to address the issue of samen leven in Indonesia, achieved through a comparative analysis of legal systems between Malaysia and Indonesia. The research employs a combination of literature review and normative juridical methods, relying on primary sources such as the Criminal Code, Marriage Law No. 1 of 1974, and Malaysia's 1984 Islamic Family Law pertaining to marriage and divorce. Secondary sources encompass a wide array of legal publications, including textbooks, legal dictionaries, journals, articles, and case commentaries. By critically examining the legal frameworks and social contexts surrounding cohabitation, this study aims to provide insights into the divergent approaches adopted by Malaysia and Indonesia. Such insights are pivotal for developing effective strategies and policies to address the challenges posed by cohabitation while navigating the complexities of religious, cultural, and legal landscapes in both countries.
Ownership Status of Implementation of Assets in Mixed Marriages Rohman, Bintang Nur; Mukhoyyaroh, Vina Durrotul; Arifin, Adelia Arnanda
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.68854

Abstract

The division of assets is often the main problem in divorce cases. It's like a treasure trove that becomes a problem for both parties. This article discusses the status of ownership of fixed objects on the division of assets in mixed marriages. By using research that is qualitative in nature and sourced from the law as a primary source and research results as a secondary source of law. The author describes the findings and discussion in this article. Which marriage can also result in the complete absence of gono gini property but the husband's property remains the husband's property and the wife's property also remains the wife's property. The division of assets by types of fixed objects in arbitrary assets is also one of the main issues that becomes a problem.
Formulation of Public Policy Based on Islamic Legal Studies as a Solution in the Contemporary Era Fakihudin, Rifki
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.68868

Abstract

In the contemporary era, the formulation of public policy faces multifaceted challenges, ranging from socioeconomic inequalities to cultural diversity and environmental sustainability. This paper explores the potential of Islamic legal studies as a framework for devising public policies that address these challenges while aligning with Islamic principles and values. By integrating insights from Islamic jurisprudence, ethics, and governance, this study elucidates how Islamic legal principles can inform the formulation and implementation of public policies that promote justice, equity, and welfare for all segments of society. Through a comprehensive review of relevant literature and case studies, this research examines the role of Islamic legal studies in shaping public policy across various domains, including economics, social welfare, environmental conservation, and governance. It analyzes the compatibility of Islamic legal principles with contemporary policy issues, highlighting areas of convergence and divergence with conventional policy approaches. Furthermore, this paper investigates the mechanisms for incorporating Islamic legal perspectives into the policymaking process, considering the roles of policymakers, scholars, civil society actors, and international institutions. The findings of this study contribute to the discourse on the role of Islamic legal studies in contemporary governance and policy development, offering insights into how Islamic principles can enrich and complement existing policy frameworks. By emphasizing principles of justice, compassion, and stewardship, policies informed by Islamic legal studies have the potential to address pressing societal challenges in a holistic and inclusive manner.
Early Marriage and Implications for Future Orientation in Islamic Law Rifandanu, Farel; Febrianti, Ayu
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.69114

Abstract

Early marriage, deeply ingrained in cultural and religious traditions like Islam, profoundly influences individuals' future perspectives. This paper delves into early marriage within Islamic law's framework, examining its ramifications on individuals' outlooks. Drawing from Islamic jurisprudence, sociological insights, and psychological perspectives, the study scrutinizes early marriage's legal, social, and psychological dimensions. While Islam sanctifies marriage, it also underscores maturity and readiness, often at odds with prevalent early marriage customs. This practice poses multifaceted implications. Legally, it raises concerns about consent and well-being, especially when parties lack full maturity. Socially, early marriage curtails educational and economic opportunities, hindering future planning and goal pursuit. Psychologically, it induces stress and coping challenges with adult responsibilities prematurely. Additionally, early marriage affects broader societal aspects like population growth and gender equality. Addressing this issue necessitates a holistic approach integrating legal reforms, educational programs, and community support to safeguard vulnerable groups, notably girls and young women. By scrutinizing the legal, social, and psychological facets of early marriage, this paper seeks to inform interventions aligning with Islamic principles and universal human rights, promoting individuals' protection and empowerment.
Indonesian Legal Compliance with International Human Rights Law on Female Genital Mutilation Fitriani, Nurul Fazrie; Trisnawati, Elvita
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.69252

Abstract

This paper examines the legal framework in Indonesia concerning Female Genital Mutilation (FGM) in light of its obligations under international human rights law. FGM persists in Indonesia despite legal prohibitions and international condemnation. Through an analysis of Indonesian laws, international human rights instruments, and relevant case studies, this study explores the extent to which Indonesian legislation aligns with international standards on FGM. Despite ratifying several human rights treaties, Indonesia lacks comprehensive legislation explicitly criminalizing all forms of FGM, leading to inconsistent enforcement and protection gaps for girls and women. Moreover, cultural and religious justifications often hinder effective legal action against FGM practitioners. This paper underscores the urgent need for Indonesia to strengthen its legal framework, ensure effective enforcement, and promote awareness of human rights principles to eliminate FGM fully. By addressing these gaps, Indonesia can uphold its international human rights obligations and safeguard the rights and dignity of girls and women.

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