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INDONESIA
International Journal of Law and Society
Published by NAJAHA Education Development Cente
ISSN : 28279050     EISSN : 28279042     DOI : 10.59683
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
International Journal of Law and Society (IJLS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It also contains discussions, reviews, annotations, and news from the science community. IJLS is a peer-reviewed journal and welcomes papers on topical legal and social issues.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 84 Documents
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Comparison between Customary Legal Systems and Modern Legal Systems in the Context of Globalization Triasmono, Hari; Ruslie, Ahmad Sholikhin
International Journal of Law and Society Vol 3 No 1 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i1.76

Abstract

The transformation of traditional legal systems is an essential issue in the context of globalization that affects the sustainability of conventional and modern legal systems. A comparison between these two legal systems can provide valuable insights into efforts to understand the impact of this transformation. This research aims to analyze the differences and similarities between customary legal systems and modern legal systems in the context of globalization and to understand the impact of the transformation of traditional legal systems on society and legal policy. This type of research is comparative research with a qualitative approach. Data was obtained from document studies, interviews and literature studies. Data analysis in this research was carried out using a comparative method, namely comparing data received from the customary and modern legal systems. The research results show that the transformation of traditional legal systems in the context of globalization has given rise to new dynamics between customary and contemporary legal systems. The pressure of globalization makes traditional legal systems adapt to modern legal standards, threatening the validity of customary legal systems. However, globalization also opens the door to changes in traditional legal systems, creating complexity when comparing the two legal systems.
From the Debate on the Legality of Waqf al-Ahlī to its Implementation in Southeast Asia: Indonesia, Malaysia, and Singapore Pirmani, Ulfa; Kurniawan, Edi; Najmi
International Journal of Law and Society Vol 3 No 2 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i2.81

Abstract

The debate on the heresy of waqf al-ahlī (family endowment) in the early 20th century significantly impacted its legality in Muslim countries. In Southeast Asia, with samples from Indonesia, Malaysia, and Singapore, they followed the majority opinion of ulama. They implemented it in the law to improve the management of waqf al-ahlī. This paper examines the legality of waqf al-ahlī from the perspective of fiqh and the Law and its implementation model in the three countries through extensive literature study. The results reveal that the debate on the legality of waqf al-ahlī is more influenced by socio-economic and political factors and misunderstandings about the purpose of waqf rather than theological considerations. Therefore, most Muslim scholars recognise this type of waqf, and it is implemented by most Muslim countries, including the three countries that are the objects of this study. Comparative analysis shows that Singapore achieves higher productivity and efficiency in managing waqf al-ahlī than Indonesia and Malaysia. These findings refute the view of waqf al-ahlī as heresy and emphasise the importance of good governance, a comprehensive legal framework, and efficient management to optimise the potential of waqf al-ahlī as an instrument of sustainable socio-economic development.
Ahl Al-Hadith and Ahl Ar-Ra’yi in the Formation and Development of Islamic Law Anwar, Saiful; Malik, Deden Abdul; Zulvia, Ransya Ayu; Fauziansah, Silvanus; Fitrianto, Bambang; Anwar, Syahrul
International Journal of Law and Society Vol 3 No 2 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i2.88

Abstract

This study aims to analyze the role and contribution of Ahl Al-Hadith and Ahl Ar-Ra’yi in forming and developing Islamic law. These two groups of thought emerged in the 2nd century Hijriah with different approaches to interpreting the sources of Islamic law. This study uses a qualitative research type with a descriptive-analytical approach. The primary data in this study are classical and modern literature relevant to the thoughts of Ahl Al-Hadith and Ahl Ar-Ra’yi. Data sources include classical Islamic law books, books, and scientific articles that discuss the methodology of these two groups. Data collection techniques are carried out through library research by analyzing primary and secondary texts. The collected data are analyzed using content analysis techniques, which aim to explore the methodological patterns of the two groups in interpreting Islamic law. The study results show that despite having different methodological approaches, both seek to uphold Islamic law by maqashid al-sharia. Ahl Al-Hadith contributed to the birth of the Maliki and Hanbali schools, emphasizing the text's authority. At the same time, Ahl Ar-Ra’yi played a role in introducing the flexible ijtihad method popularized by Abu Hanifah. This approach was later balanced by Imam Syafi'i, who integrated text and reason into his ushul fiqh. This study concludes that the differences in methodology between Ahl Al-Hadith and Ahl Ar-Ra’yi not only enrich the treasury of Islamic law but also provide a mechanism for adapting Islamic law to changing times while maintaining the basic principles of sharia.
From Combating Religious Blasphemy to Promoting Peace: Reflections on the Role of Islamic Da’wah and Law in Indonesia's Pluralistic Society Haq, Thoriqul; Mat Isa, Noor Aqsa Nabila
International Journal of Law and Society Vol 3 No 2 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i2.95

Abstract

This study examines Da’wah's role in addressing the blasphemy issue in Indonesia and promoting peace in a pluralistic society. As a form of spreading Islamic teachings, Da’wah has a significant historical role in dealing with religious conflicts. This study aims to understand how Muslim leaders and communities use Da’wah to address blasphemy, reduce conflict, and build social harmony. With a qualitative approach, this study uses a descriptive-analytical method through analysis of historical documents, in-depth interviews with religious figures, and literature studies related to blasphemy cases. Data analysis techniques involve data reduction, data presentation, and inductive drawing of conclusions. The validity of the data is guaranteed through triangulation of data sources, namely comparing the results of interviews, documents, and relevant literature. The study results show that Da’wah is used through three main strategies: education to strengthen religious understanding, interfaith dialogue to build cross-faith communication, and a legal approach to handle blasphemy allegations formally. This strategy not only protects Islamic teachings but also strengthens social harmony. Da’wah also plays a vital role in enhancing the values ​​of tolerance, mediating conflict, and promoting peaceful life in a pluralistic Indonesian society. Da’wah is a tool for affirming Islamic identity and an effective instrument of social mediation. This finding contributes to the understanding of religious dynamics in Indonesia and its relevance in overcoming the challenges of interfaith relations in the era of globalization.
PRISMA-Based Study on Integrating Islamic Principles into Legal Systems: Human Rights in Egypt and Indonesia AN, Andri Nirwana; Elbanna, Mariam; Ismail, Faisal Husen; Daud, Zainora; Mohd Salleh, Norsaleha; bin Kirin, Arwansyah; Marisa, Siti Nurkhafifah; Husein, Muhammad Zakir
International Journal of Law and Society Vol 3 No 3 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i3.90

Abstract

This study explores the application of Qur'anic human rights principles in Egypt and Indonesia, focusing on how Islamic teachings are integrated into modern legal systems amidst different cultural, political, and historical contexts. The study investigates the balance between universal human rights standards and Islamic jurisprudence, identifying variations in the interpretation and application of these principles in both countries. The PRISMA framework was used as the basis for the method, ensuring a systematic and transparent approach to reviewing legal texts, academic literature, and case studies. The technique began by identifying sources relevant to applying human rights law in the context of Islamic teachings in Egypt and Indonesia. A focused search was conducted using Web of Science and Scopus databases, targeting articles published between 2014 and 2024. Inclusion criteria ensured that the study analyzed recent and high-quality research on the intersection of Qur'anic principles and international human rights standards. The study shows that Egypt faces challenges in implementing Qur'anic teachings due to conservative interpretations that limit gender equality, freedom of expression, and freedom of religion. In contrast, Indonesia is more flexible by balancing Islamic principles with modern democratic values. This allows for a broader interpretation of Qur'anic principles, especially gender equality and religious freedom. The role of ijtihad in Indonesia is crucial in adapting Islamic law to contemporary human rights standards. This study highlights the complexity of aligning Islamic teachings with global human rights norms. It emphasizes the importance of revisiting traditional interpretations of the Qur'an to better align them with contemporary values ​​of justice, equality, and human dignity, as well as ensuring respect for the human rights of all citizens.
Sharia, Deradicalization and National Consensus: A Review of Pancasila-inspired Philosophy as a Socio-Legal Nexus for Indonesia and Afghanistan Muslimin, JM.; Rizapoor, Habiburrahman; Zamhari, Arif; Halid; Umar, Muhammad
International Journal of Law and Society Vol 3 No 2 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i2.93

Abstract

This article examines the concept of Pancasila and primordial deradicalization as a socio-legal nexus for Islamic and socio-anthropological practices in Indonesia and Afghanistan, focusing on fostering a plural society. Pancasila, the philosophical foundation of the Indonesian state, has accommodated religious and cultural diversity, including legal plurality. The article explores how the principles of Pancasila can contribute to the deradicalization of extreme primordial affiliation (such as sharia) by addressing the underlying socio-anthropological factors that contribute to extremism in both countries. The study employs a comparative analysis approach, drawing on qualitative data from various sources, including academic literature. It highlights the similarities and differences in the socio-anthropological contexts of Indonesia and Afghanistan, particularly about the dynamics of Islamic values, laws, and their impact on society. By examining the role of Pancasila and its potential applicability in Afghanistan, the article aims to contribute to developing effective primordial deradicalization strategies in both countries. The findings suggest that Pancasila's emphasis on inclusivity, tolerance, and mutual respect can provide a framework for addressing the socio-anthropological factors contributing to a socio-legal nexus. The article argues that by incorporating the principles of Pancasila into deradicalization efforts, policymakers and practitioners can work towards creating a more pluralistic and cohesive society. It also explores the challenges and opportunities of implementing such an approach, considering the unique contexts of Indonesia and Afghanistan.  
Fatwa, Marketing, and Halal Certification: A Socio-Legal Analysis of The Indonesian Ulama Council Fatwa Number 80 of 2022 Alanazi, Meshal Saleh A.; Meriyati; Hidayat, Syahrul Ramadhan; Alyusufi, Abdulhaleem Obaid A.
International Journal of Law and Society Vol 3 No 2 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i2.96

Abstract

This study examines the impact of Indonesian Ulema Council (MUI) Fatwa Number 80 of 2022 on consumer interest in halal-certified products among Micro, Small, and Medium Enterprises (MSMEs), specifically pempek at 26 Ilir Market in Palembang. The research employs a qualitative socio-legal approach, utilizing interviews, field observations, and document analysis. The findings indicate that halal certification influences consumer purchasing decisions, as products with a halal label are perceived as more trustworthy and compliant with Islamic business ethics. However, MSMEs face challenges such as certification costs, lack of awareness, and regulatory complexity. The study concludes that integrating fatwa-based regulations with legal frameworks for halal product assurance plays a crucial role in shaping consumer preferences and strengthening the halal market ecosystem. Strengthening halal certification policies and socialization efforts is essential for enhancing MSME competitiveness in Indonesia's halal industry.  
Reforming Fiqh Al-Bi’ah (Ecological Jurisprudence) based on Islam Hadhari: An Integration Conservation Framework of Muamalah and Culture Amiruddin, Muhammad Majdy; Haq, Islamul; Anwar, Haerul; Haris, Asmaddy
International Journal of Law and Society Vol 3 No 3 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i3.99

Abstract

This study seeks to reconstitute Fiqh al-Bi’ah through the Islam Hadhari framework, amalgamating Muamalah and cultural aspects into a holistic ecological management model. The research employed a grounded theory methodology in Terengganu, Malaysia, utilizing data collection methods that included in-depth interviews with local community members and participatory observations of marine conservation practices. The gathered data were subjected to thematic analysis to discern patterns and correlate them with Islamic ecological principles. Data validation was accomplished via triangulation, guaranteeing consistency across many sources and methodologies. The results indicate that local traditions, including mangrove conservation, sustainable fishing methods, and spiritual ceremonies, correspond with the tenets of tawazun (balance), adl (justice), and ri’ayah al-bi’ah (environmental stewardship). This reformulation presents new dimensions, including Muwafaqah Ruhiyah Ma’a al-Tabi’ah (spiritual harmony with nature) denoting the religious aspect, Istimrariyah Bayn al-Ajyal (intergenerational sustainability) emphasizing economic sustainability across generations, and Taqdir al-Iqtisad al-Mahalli (empowerment of local economies), which illustrates the amalgamation of cultural heritage and economic resilience in ecological management. This approach's primary strength is its amalgamation of Islamic ideals with pragmatic conservation measures, promoting a balance between environmental sustainability and community welfare. Nonetheless, the study's restricted geographic emphasis on Terengganu poses a hurdle for generalizing its application to broader contexts. Subsequent studies should extend this model to more regions characterized by varied ecological and cultural contexts, affirming its universal applicability. This study significantly contributes to Islamic environmental discourse by presenting a reproducible methodology for tackling global ecological concerns through a value-oriented approach.
From Stage to Civic Life Reyog Ponorogo Influence on Social Norms Legal Consciousness and Education in Indonesia Utami, Prihma Sinta; Marzuki; Rukiyati
International Journal of Law and Society Vol 3 No 2 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i2.100

Abstract

This article explores the potential of Reyog Ponorogo, a local Indonesian cultural narrative, to nurture positive citizenship qualities. The concept of citizenship and its associated character traits are crucial for a functioning democracy. Educational efforts aim to cultivate these qualities in citizens. Local cultural narratives offer potential resources for such endeavors. This qualitative research employs a hermeneutic approach to analyze the Bantarangin version of the Reyog Ponorogo story and its characters, particularly Prabu Klana Sewandana and Bujangganong. Dante's hermeneutic analysis methodology guides the data analysis, focusing on identifying the characters' embodied civic values and their alignment with established national character education principles. The study reveals that Reyog Ponorogo characters exemplify various citizenship values, including religious devotion, honesty, self-reliance, creativity, and patriotism. These values are demonstrably connected to the 18 national character values emphasized in Indonesian education. The article argues that the Reyog Ponorogo narrative offers valuable lessons for contemporary civic education. Integrating these themes into educational programs can cultivate a more responsible and engaged citizenry. Future research is recommended to explore the effectiveness of incorporating Reyog Ponorogo performances or workshops into curriculums. Investigating other local cultural narratives across Indonesia can further enrich civic education and foster appreciation for the nation's cultural diversity. Combining traditional cultural elements with modern educational practices can cultivate well-rounded citizens equipped to contribute meaningfully to society. This study contributes to the literature by integrating the local story into academic programs, cultivating a more responsible and engaged one.
Rechtsstaat from the Perspective of Al-Ghazali and Ibn Khaldun Rusli, Ris'an; Wijaya; Azwar, Alfi Julizun; Utami, Devi Aulia
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.106

Abstract

The concept of a state is a closely related discourse to the lives of all humanity. However, the Holy Quran and Hadits, as guidance for Muslims, did not mention the specific form and concept of a state. Therefore, this paper will discuss the idea of a state from some Islamic intellectual perspectives, such as al-Ghazali and Ibn Khaldun. Both of them were trying to formulate the form and concept of the state. This article uses a qualitative research method with a type of library research. This type of research allows primary data sources to come from books authored by Al-Ghazali and Ibn Khaldun. At the same time, secondary data sources come from various articles and other scientific books that can support the author's arguments. To analyze their thought, this article uses comparative analysis; comparative analysis allows researchers to understand how the two thinkers view the concept of the state of law and how their thinking can be compared in different contexts.  The results of the study show that Al-Ghazali and Ibn Khaldun have similarities in emphasizing the relationship between region and politics, as well as the importance of religious principles in government. They agreed that the government must maintain order and justice. However, the difference lies in the approach and form of government; Al-Ghazali supported the monarchy, while Ibn Khaldun did not specify a specific form as long as it met the criteria for justice. Their thinking can be the basis for understanding the interaction of religion and politics in creating a just system of government. Nevertheless, this paper is limited to the views of Ghazali and ibn Khaldun to understand the thoughts of both without involving experimental empirical methods.

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