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INDONESIA
Indonesian Journal of Islamic Law (IJIL)
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 2085627X     EISSN : 26157543     DOI : https://doi.org/10.35719/ijil.v5i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Islamic Law, a.k.a. IJIL (P-ISSN: 2085-627X, E-ISSN: 2615-7543), is published twice a year, in June and December, by the IJIL Research Centre of the Department of Islamic Family Law, Postgraduate Program, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember since 2019 (first edition). IJIL steadfastly maintains Islamic legal studies as the cornerstone of its academic inquiry. The journal encompasses a broad spectrum of themes within this field, including Islamic Family Law, Islamic Law and Society, Islamic Law and Gender, Islamic Jurisprudence, and Islamic Legal Theory. Upholding a fair and rigorous double-blind peer review process, IJIL is committed to consistently publishing high-quality research articles that explore various dimensions and approaches pertinent to these diverse but interconnected areas of Islamic law. This comprehensive focus enables the journal to contribute significantly to the understanding and advancement of Islamic legal scholarship. It is available online as an open-access resource and also in print. This statement clarifies the ethical behavior of all parties involved in the act of publishing articles in this journal, including authors, editors-in-chief, the Editorial Board, reviewers, and publishers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 98 Documents
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KEWARISAN ANAK HASIL PROSES BAYI TABUNG (Wasiat Wajibah Sebagai Hak Waris Anak Hasil Surrogate Mother Ditinjau Dari Berbagai Aspek Hukum Di Indonesia) Komala, Nur
Indonesian Journal of Islamic Law Vol. 1 No. 1 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i1.21

Abstract

The inheritance status of children born through in vitro fertilization involving a surrogate mother carries significant implications for the legal position of the child in civil law, particularly concerning legal certainty regarding inheritance rights. This study employs a normative legal method and is conducted as library research by examining existing legal regulations in Indonesia, including the Civil Code, Child Protection Law, Criminal Law, Human Rights Law, Health Law, as well as legal perspectives from technology, economics, and Islamic law. The conclusion of this study is that children born through surrogate mothers fall into two categories: first, they are classified as children born out of wedlock, as they are born outside a legally recognized marriage; second, they may be classified as adopted children if the married couple chooses to adopt them, in which case their status is that of adopted children rather than biological children. Both children born out of wedlock and adopted children are entitled to inheritance in the form of a mandatory bequest (wasiat wajibah) amounting to one-third of the estate, as determined by the Religious Court with final and binding legal force. Such children only have civil legal relations with their biological mother and her family.
ISLAMIC LAW EPISTEMOLOGY THOUGHT OF PERSPECTIVE WAEL B. HALLAQ AND RELEVANCE TO ISLAMIC LAW IN INDONESIA Rauf, Moh Abd
Indonesian Journal of Islamic Law Vol. 1 No. 1 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i1.71

Abstract

Studies on the history of Islamic law in Indonesia can also serve as one of the foundations for Muslims in particular to determine the right strategy in the future to bring the nation and Islamic law closer. Although some theories of Islamic law development from the time of the Islamic empire to the time of reform (now) are still optimized. But in addition to the many advances in these developments are also still many obstacles that are difficult to overcome. One of the obstacles to many perceptions is that the implementation of Islamic law today is irrelevant to modern times. In enhancing the development of Islamic law in Indonesia there needs to be comprehensive reviews such as the history and epistemology of Islamic law. This article discusses the development of thought in the field of Islamic jurisprudence emphasizing on the aspect of Islamic legal epistemology which developed in Indonesia. The formulated concept by Wael B. Hallaq, he is a professor of Islamic law at Columbia University who concentrates on research in the field of Islamic law. In this study at least the writer proposes three summaries, first Prof. Hallaq's biography and and socio-historical life will be described with a historical and an analytical content approach to explain the epistemological reasoning concept of Islamic law. Second, to know the reasoning of the epistemology of Islamic Law in the Wael. B. Hallaq’s perspective. And the third, to know its relevance with developments with Islamic Law in Indonesia.
PERKAWINAN WANITA HAMIL KARENA ZINA DALAM PASAL 53 KOMPILASI HUKUM ISLAM PERSPEKTIF MAQASID AL SHARI’AH IMAM AL SHATIBI Firdaus, Albar
Indonesian Journal of Islamic Law Vol. 2 No. 1 (2019): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v2i1.114

Abstract

The phenomenon of free social interaction in society has generated various negative impacts, particularly among Muslim communities in Indonesia, one of which is the practice of adultery resulting in pregnancy outside of marriage. In the Indonesian legal context, the issue of marriage involving pregnant women due to adultery is specifically regulated in Article 53 of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), which permits a woman who becomes pregnant out of wedlock to marry the man responsible for the pregnancy. This provision has generated significant controversy, as it contains both potential benefits and harms from social, moral, and legal perspectives. Therefore, this study examines the regulation through the framework of maqāṣid al-sharī‘ah, particularly as formulated by Imam al-Shāṭibī, which emphasizes that the ultimate objective of Islamic law is to realize public welfare (maṣlaḥah) and prevent harm (mafsadah) in human life.
تحليل مفهوم المعاشرة الزوجية بالمعروف عند محمد حسين الطباطبائي Faisol, Muhammad
Indonesian Journal of Islamic Law Vol. 1 No. 1 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i1.146

Abstract

The main and most important principle that deserves attention in married life is the rule of mu‘āsharah bi al-ma‘rūf (living together in kindness). It is a great principle that guarantees the continuity of intimacy and affection within the family throughout life. It applies equally to both husband and wife. However, we find that scholars have not provided a sufficiently comprehensive explanation of both sides of this principle, despite its importance—especially regarding the woman’s perspective. Therefore, this study examines the views of Muḥammad Ḥusayn al-Ṭabāṭabā’ī, as he is considered more equitable in addressing and researching both sides. This study focuses on and aims to address two main issues, from which several sub-issues emerge: What is the scholarly, religious, and social background of Muḥammad Ḥusayn al-Ṭabāṭabā’ī? What is the concept of mu‘āsharah bi al-ma‘rūf in marital life according to al-Ṭabāṭabā’ī? What are its foundations, structure, essence, and characteristics? The methodology employed in this research is the historical method, as it examines a specific opinion of a historical figure. It also uses a descriptive-analytical approach, in which the researcher describes the structure of al-Ṭabāṭabā’ī’s view, explains the justifications underlying it, analyzes the surrounding context, and interprets these elements. In addition, the researcher traces the intellectual roots of earlier figures who preceded al-Ṭabāṭabā’ī and compares their views with his in order to identify the strengths and weaknesses of his position. The findings of the study are as follows: Al-Ṭabāṭabā’ī grew up in a scholarly family and in an intellectual environment. He studied under prominent teachers in rational sciences, transmitted sciences, and mystical knowledge, until he attained the level of ijtihād. He lived between the two Iranian revolutions and the major Iraqi revolution, which influenced his scholarly and social personality, as reflected in his academic mobility and his revival of rational sciences and Qur’anic exegesis in an effort to rebuild the intellectual independence that the Muslim community had lost. According to al-Ṭabāṭabā’ī, mu‘āsharah bi al-ma‘rūf in marital life is: “a recognized companionship based on the unity of human origin and the diversity of innate dispositions.” His view is distinguished by its detailed treatment, moderation in addressing women’s issues—between Western permissiveness and the restrictions of some scholars—and by its social and philosophical foundations. The weaknesses of his view lie in his failure to provide practical applications, his silence regarding earlier scholars’ opinions, his lack of engagement with transmitted narrations on the subject, and his limited elaboration of this principle in his other works.
KONSEP MAQASHID SHARI’AH TENTANG PERAN GANDA TENAGA KERJA PEREMPUAN DALAM PEMIKIRAN EGALITER MUHAMMAD IBNU ‘ASHU Amalia, Kammia Rizqa
Indonesian Journal of Islamic Law Vol. 1 No. 1 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i1.155

Abstract

This study examines the egalitarian thought of Ibn ‘Āshūr. To limit the scope of the discussion, the author focuses on two main issues: first, how the protection of female workers with dual roles is regulated in Law No. 13 of 2003 on Manpower; and second, how the concept of maqāṣid al-sharī‘ah reflects egalitarian values in the thought of Ibn ‘Āshūr. This research is a library-based study employing content analysis as its analytical method. The primary sources of this study are Ibn ‘Āshūr’s works on maqāṣid al-sharī‘ah and Law No. 13 of 2003 on Manpower, which regulates the protection of female workers with dual roles. The findings of this study show: first, that Law No. 13 of 2003 contains several provisions that protect the dual roles of female workers; and second, that Ibn ‘Āshūr’s egalitarian perspective, viewed through the framework of maqāṣid al-sharī‘ah, is in line with the spirit of protection embodied in Law No. 13 of 2003 on Manpower.
KONSEPSI HUKUM NIKAH SIRRI DI INDONESIA : Upaya Sinkronisasi antara Living Laws dengan Positive Laws Hadi, M Faiz Kurnia
Indonesian Journal of Islamic Law Vol. 1 No. 1 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i1.169

Abstract

This article discusses efforts to synchronize Islamic law as living law and positive law, focusing on nikah siri (unregistered marriage) in Indonesia as a socio-legal reality in the field of family law that faces legal disharmony, since nikah siri is considered valid under Islamic law as a law living within society, yet contradicts the Marriage Law and the Compilation of Islamic Law as positive law. This study aims to analyze: (1) the legal status of nikah siri in Indonesia according to living law and positive law, and (2) the possibility of synchronizing both legal systems. The research employs normative legal research with statutory, conceptual, and historical approaches, using library-based primary and secondary sources. The findings indicate that according to living law, which is normative and relatively static, nikah siri is legally valid despite potential illegality and harm, whereas according to positive law, it violates marriage registration and state administrative regulations, thus requiring legal sanctions. Furthermore, normative synchronization between living law and positive law faces a deadlock and is difficult to achieve; therefore, both should be repositioned as dynamic and empirical legal systems by shifting legal paradigms and approaches, so that Indonesian Islamic family law becomes more responsive to social realities and oriented toward the evolving welfare (maṣlaḥah) of the family.
Peran Ganda Perempuan dalam Keluarga Pespektif Feminis Muslim Indonesia Arif, Zahra Zaini
Indonesian Journal of Islamic Law Vol. 1 No. 2 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i2.195

Abstract

This article examines the dual role of women in the family from the perspective of Indonesian Muslim feminists. The focus of the study is on how Muslim feminists in Indonesia construct their ideas about women’s dual roles within the family and what implications these ideas have for women and family life. The issue of women’s dual roles has become a prominent topic alongside the emergence of various typologies of Indonesian Muslim feminism. These feminist typologies analyze women’s dual roles according to their respective perspectives as groups seeking to promote equality and mutual understanding of the positions of men and women within the family. Several feminist groups in Indonesia offer distinct viewpoints that shape the implications of women’s dual burden between domestic and public spheres. These feminist activists represent different intellectual constructions regarding the roles of Indonesian Muslim women, situated between domestic and public domains. Women’s dual roles are widely discussed and studied in order to identify an ideal position for women within the context of Indonesian families. This research aims to determine the ideal role of women in the Indonesian family context. The study employs a conceptual approach and a historical approach, both of which fall within qualitative research, and uses library research by focusing on primary and secondary sources. The findings indicate that: (1) Indonesian Muslim feminists’ views on women’s dual roles are divided into three positions—those who support the dual role, those who reject it, and those who argue that women’s dual roles should be adjusted to the respective responsibilities of men and women within the family; and (2) the implications of these feminist discourses are the diversity of perspectives, which in turn produce diverse patterns of women’s participation in the public sphere, so that women’s position in social progress within the Indonesian context remains contested. Women’s involvement in the public sphere cannot be separated from their roles as mothers and partners to their husbands, with continued emphasis on women’s responsibility for managing internal household affairs. Consequently, women remain primarily responsible for internal family roles as mothers and spouses.
MAHAR SERVICES (DOWRY NON MATERIAL) ACCORDING TO MAZHAB IMAM HANAFI AND MAZHAB IMAM SYAFI'I Hadi, Nur
Indonesian Journal of Islamic Law Vol. 1 No. 1 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i1.237

Abstract

Abtrsak: The research aims to find out the opinion of Imam Abu Hanifah and the Imam of Shafi'i and the similarities in the differences in determining the Non-Material Mahar Law (services). This type of research is literature. The primary data sources are the books of the two priests, as well as the source of the secondary books of jurisprudence and books relating to research. Data was analyzed using descriptive, deductive, inductive, and comparative methods. The result: Disagreements between the two priests of the school were due to differences in law enforcement. Hanafi Imam in determining the status of the Mahar Non Material Law (services) uses the surah al-Nisa '24, al-Baihaqi hadith and he put forward qiyas, namely limiting the dowry to at least ten dirhams, and dowry in the form of Qur'anic teaching to candidates unauthorized wife. Reserve Imam Shafi'i using the surah al-Nisa '24 and al-Bukhari's hadith, which does not limit the lowest dowry, such as sewing clothes or teaching the Koran to his wife and any benefits that are owned and lawful in price and having the value of simplicity at the dowry is preferred, he looked at the sunnah, that it is not excessive if it is legitimately used as a dowry, looking at zhahir verses and hadith.
Implikasi Yuridis Keputusan Mahkamah Konstitusi No. 69/PUUXIII/2015 Tentang Perjanjian Perkawinan Terhadap Harta Bersama Bagi Pernikahan Campuran Tamam, Badrut
Indonesian Journal of Islamic Law Vol. 4 No. 2 (2021): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v4i2.334

Abstract

ABSTRACT Mixed marriages that occur in Indonesia, the perpetrators often do not pay attention to and know the steps of the rules before making a mixed marriage, especially those concerning the joint assets acquired throughout the marriage. someone who does mixed marriages cannot freely buy land rights in Indonesia because his spouse is a foreign national. This is due to the limitation of land ownership rights stipulated in Indonesian land law article 1 jo Article 21 of Law Number 5 Year 1960 which is based on nationality, in fact it has a socialization that is by conducting an Agreement on marriage, but lack of knowledge of mixed marriages so that it is still many do not enter into marriage agreements. In October 2016 the Constitutional Court gave decision No. 69 / PUU / XIII / 2015 made a shift in the meaning and norms related to the marriage agreement which impacted the joint assets for this study entitled "Juridical Implications of Constitutional Court Decree No.69 / PUU / XIII / 2015 Concerning Marriage Agreements on Joint Property for Mixed Marriage "The method used is normative literature with an interesting type of legal principle to get a comprehensive picture of the problems under study and analyze existing literature to obtain information as an academic text as a consideration for making rules regarding problems that arise. Referring to the decision of the Constitutional Court, the marriage agreement is no longer carried out before marriage but can also be done during the marriage, so it is interesting to examine how the background relates to the decision and how the joint property in mixed marriages follows the decision of the Constitutional Court. Key Work : Mixed Marriages, Marriage Agreement, Shared Assets.
Relevansi Maşlahah Al-Ghazali Terhadap Konteks Fikih di Indonesia Badri, Saiful
Indonesian Journal of Islamic Law Vol. 1 No. 2 (2018): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v1i2.336

Abstract

Maṣlaḥah is considered important because all laws established by God contain elements of public benefit. Al-Ghazali firmly states that maṣlaḥah can be used as a legal proof (ḥujjah) under certain conditions. On the other hand, fiqh in Indonesia has its own distinctive characteristics that differentiate it from other traditions of fiqh. This study addresses three main questions: (1) What is al-Ghazali’s concept of maṣlaḥah? (2) What is the context of fiqh in Indonesia? (3) How relevant is al-Ghazali’s concept of maṣlaḥah to the context of fiqh in Indonesia? This research employs a library research method. The primary sources include al-Mustaṣfā min ‘Ilm al-Uṣūl by Abu Hamid al-Ghazali, Fiqh Nusantara: Methodology and Its Contribution to Strengthening the Unitary State of the Republic of Indonesia and the Development of the National Legal System by M. Noor Harisudin, and Fiqh Nusantara and the National Legal System from the Perspective of National Public Benefit by Zaini Rahman. Data were collected through documentation and analyzed using content analysis. The findings show: (1) According to al-Ghazali, maṣlaḥah is the preservation of the objectives of Islamic law (maqāṣid al-sharī‘ah), which consist of five essential elements. The use of maṣlaḥah mu‘tabarah as legal evidence falls under the category of qiyās, while maṣlaḥah mursalah must fulfill the conditions of necessity (ḍarūrah), certainty (qaṭ‘iyyah), and universality (kulliyyah). (2) Fiqh in Indonesia is a form of jurisprudence that develops and lives within Indonesian society, characterized by the acculturation of sacred texts with local cultural wisdom. (3) Al-Ghazali’s concept of maṣlaḥah, which is rooted in Sunni theology, is compatible with the context of the Indonesian Muslim majority who adhere to the Sunni tradition. Furthermore, his concept offers a rational and moderate framework that prevents the arbitrary use of maṣlaḥah as an independent legal basis. This compatibility demonstrates that the application of fiqh, especially the methodology of maṣlaḥah in Indonesia, finds strong relevance and minimal contradiction, thereby reflecting Islam as raḥmatan li al-‘ālamīn (a mercy to all creation).

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