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Muhammad Fauzinudin Faiz
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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 91 Documents
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Abdullah Saeed's Progressive Ijtihad in the Application of Rechtsvinding Judges in Religious Courts Hamid, Abdul
Indonesian Journal of Islamic Law Vol. 5 No. 2 (2022): 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.v5i2.824

Abstract

Every court judge has their perspective in deciding a case. A judge always strives to make legal discoveries as a form of justice and legal certainty. However, legal discovery efforts are not always uniform. Therefore, it is necessary to reconstruct the methodology for making legal discoveries. Through Abdullah Saeed's contextual approach with progressive ijtihad packaging to connect the disconnection of the spirit and soul of divinity, so that justice based on the almighty God, conscience, and common sense as the pinnacle of law can be felt by justice seekers. This research is library research using various literature sources as research data sources. The research findings of legal discovery by judges are only needed in inconcreto cases. Judges still stand on the general legal approach in reading Islamic law. The need to raise living laws to positive laws whose level of applicability is binding is to use rechtsvinding / legal discovery in the Religious Court. Thus by taking into consideration: First, homogenize the understanding of judges in finding a law, Second, the methodology of Islamic law and override the general methodology in reading unwritten law, as well as written law with the spirit of the Islamic spirit sholihun likulli zaman.
Early Marriage and Domestic Violence: The Dilemma of Granting Marriage Dissolution Permission at the Jember Religious Court Ali, Irwan Zamroni; Magufuli, Kizza Magufuli; El Souwaim , Abdalla
Indonesian Journal of Islamic Law Vol. 7 No. 1 (2024): 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/rjj68b87

Abstract

The judge when examining a marriage dispensation case is in a dilemmatic position in considering the deterioration of the dispensation application being allowed and rejected. Granting a marriage dispensation application on the one hand can solve the problem. However, on the other hand, it can trigger domestic violence (KDRT). This research will analyze the practice of marriage dispensation at the Jember Religious Court and its implications for the potential for domestic violence. Therefore, this research is a field study located at the Jember Religious Court. The data collection method uses interview, observation, and documentation techniques. The data analysis process used the Miles and Huberman model, namely data reduction, data presentation, and conclusion drawing. The results of the analysis found that: 1) In general, the practice of marriage dispensation in the Jember Religious Court has implemented Perma No. 5 of 2019 as an examination guideline. The strategy carried out by the Jember Religious Court to accelerate the examination process is to assign one of the judges who focuses on handling dispensation cases. In addition, the number of marriage dispensations at the Jember Religious Court is very high. Generally, people apply for dispensation, because they have been dating or engaged for a long time. 2) The practice of marriage dispensation at the Jember Religious Court has no impact on the number of divorces on the grounds of domestic violence. Generally, dispensation couples divorce for economic reasons, continuous disputes and arguments, and abandonment of one of the parties. From the data in the directory of Supreme Court decisions, especially in the Jember Religious Court, cases of divorce on the grounds of domestic violence are dominated by couples who marry at a sufficient age, and the marriage period has lasted a long time, even the marriage has produced offspring.
Cultural Dynamics: Pangadâ' in the Bhâkalan and Nyeddèk Kabhin Process in Madura 'Urf Perspective: Dinamika Kultural: Pangadâ' dalam Proses Bhâkalan dan Nyeddèk Kabhin di Madura Perpektif 'Urf Ludfi, Ludfi
Indonesian Journal of Islamic Law Vol. 5 No. 2 (2022): 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.v5i1.1944

Abstract

This research explores weddings in Madura, especially the unique role of Pangadâ' in the bhâkalan (engaged) and nyeddèk kabhin (spokesperson) processes. This research explores Islamic law and social institutions in Madura with an integrated phenomenological approach to everyday life. Data was collected through observation, interviews and document analysis using Spradley's four activity flow model, providing an in-depth understanding of the culture and values of Madurese society regarding marriage. This research succeeded in revealing the role of Pangadâ' not only involved in conventional stages, but also in special steps such as nyareh ngen-angen, masang ngen-angen, nyalabhâr, nyareh dhinah bhâgus, mentah and dispute resolution. His involvement was influenced by local traditions and wisdom, creating a Madurese wedding identity. In the 'urf perspective, these traditions are categorized as 'urf 'amalī and 'urf ṣaḥīḥ, indicating harmony with Islamic values. This research visualizes the harmony between local traditions and Islamic values in the context of Madurese weddings, depicting harmonious integration.
The Concept of Child Custody (Hadhanah) After Divorce in the Perspective of Islamic Law Multazam, Umar
Indonesian Journal of Islamic Law Vol. 7 No. 1 (2024): 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.v7i1.1956

Abstract

This research discusses post-divorce child custody (hadhanah) disputes in Indonesia which are resolved in religious courts based on substantive and formal law. The Qur’an and hadith do not explicitly mention hadhanah, but the verses about breastfeeding and fathers' obligations are close to the concept of child custody. The obligations of parents after marriage are to care for, protect, educate, and care for children until adulthood, with the determination of custody by a judge after a divorce it can fall to the mother or father. This research aims to understand the concept of child custody after divorce according to the Qur’an and hadith, juridical review, and the legal consequences. The method used is qualitative with the type of Library Research, collecting data through documentation and triangulation analysis. The research results show that assigning custody to the mother or father does not conflict with regulations as long as the child's best interests are met, and both mother and father have the right to care for the child, although the mother has more rights. In conclusion, determining child custody after divorce must guarantee the child's best interests following applicable regulations.
Critical Analysis of Children's Legal Skills in the Hanafi Mazhab Wijaya, Andi; Nurhaliza, Siti
Indonesian Journal of Islamic Law Vol. 4 No. 1 (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.v4i1.2003

Abstract

This research explores the concept of legal proficiency or " Ahliyyah " in the Hanafi Mazhab of thought , with a particular focus on the " mumayyiz " phase which marks when children begin to differentiate between good and bad at the age of seven. This research uses a qualitative approach, collecting data from classical texts, legal documentation, and interviews with ulama and legal practitioners, to explore how children's legal skills are defined and applied. The results of the study show that there are significant variations in the application of Ahliyyah principles in various social and cultural contexts, reflecting the flexibility and adaptation of the Hanafi Mazhab of thought to diverse societal conditions. This study highlights the importance of standardization in the application of law and the need for more inclusive legal education for legal practitioners, to increase consistency and fairness in legal practice. The social and ethical implications of legal protection for children in this school of thought show the importance of a holistic approach that combines moral considerations and children's welfare in all legal decisions. The conclusions of this research emphasize the need for policies that are more dynamic and responsive to the needs of children, supporting their welfare while maintaining the integrity and adaptability of Islamic law within the Hanafi Mazhab of thought.
The Psychological Impact of Divorce on Children and Parental Obligations in Islamic Family Law Santoso, Budi; Sari, Maya
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.v4i2.2004

Abstract

This research examines the psychological impact of divorce on children and the responsibilities of parents in providing emotional and psychological support according to Islamic family law. Using a qualitative approach, this research involves document analysis and in-depth interviews with Islamic legal experts, psychologists, and families who have experienced divorce. The research results show that the emotional stability of children after divorce is very dependent on the comprehensive implementation of hadhanah by parents. Children who receive adequate emotional support from both parents tend to have better mental health. However, the practical implementation of hadhanah principles often faces obstacles due to a lack of understanding and support from the legal and social systems. This research recommends increasing education and support for parents as well as developing post-divorce family counseling programs to ensure children's emotional well-being. Thus, this research contributes to the academic literature and provides practical recommendations for better family law policies in handling divorce cases.
Enhancing Mechanisms for Protecting Women's Rights within Islamic Family Law: A Comparative Study of Indonesia and Middle Eastern Practices Nugroho, Arifin; Dewi, Ratna
Indonesian Journal of Islamic Law Vol. 3 No. 2 (2020): 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.v3i2.2005

Abstract

This research examines the comparison of mechanisms for protecting women's rights in Islamic family law between Indonesia and several Middle Eastern countries. Using a comparative qualitative approach, this study collects data through in-depth interviews, document studies, and content analysis from relevant legal sources. The research results show that there are significant differences in the interpretation and implementation of Islamic family law which have an impact on protecting women from domestic violence. In Indonesia, there is a tendency for more flexible and progressive interpretations towards the integration of the principle of gender equality in family law, whereas in Middle Eastern countries, more conservative interpretations often hinder the protection of women's rights. The study also explores the impact of women's rights advocacy and activism, which has played an important role in supporting legislative change and increasing public awareness. The resulting recommendations focus on developing strategies to increase the implementation of policies that are more effective in protecting women's rights, strengthening a supportive legal framework, and integrating the principles of justice and protection in Islamic family law.
Social and Legal Implications of Contractual Marriage on Child Support Responsibility Pratama, Rizky; Anindya, Lestari
Indonesian Journal of Islamic Law Vol. 3 No. 1 (2020): 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.v3i1.2006

Abstract

The phenomenon of contract marriage (temporary marriage) in Indonesia often causes social stigma and legal uncertainty, especially regarding the rights of children born from these relationships. This research explores the social and legal implications of contract marriage on fulfilling child support obligations and proposes legal solutions to protect children's rights. Using a juridical-sociological approach and empirical legal methods, the research results show that children often face discrimination due to unregistered marriages and difficulty obtaining birth certificates or claiming support. Strengthening marriage registration regulations, retrospective registration through marriage certificates, as well as comprehensive child protection services are essential to ensure these children receive proper recognition and support.
Interaction between State Law and Religious Law: Husband's Authority in Muslim Family Law in Indonesia Saputra, Wahyu; Permata, Indah
Indonesian Journal of Islamic Law Vol. 5 No. 1 (2022): 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.v5i1.2007

Abstract

This research explores the interaction between state law and religious law in regulating husbands' authority in Muslim families in Indonesia. Using a qualitative approach with document analysis methods, in-depth interviews, and case studies, this research identifies how the Compilation of Islamic Law (KHI) and Marriage Law No. 1 of 1974 plays a role in shaping power dynamics in the family. The findings show that despite efforts to harmonize traditional principles of Islamic law and more inclusive modern legal standards, implementation still faces various challenges, including cultural resistance, lack of legal awareness, and inconsistencies in law enforcement. Additionally, international influence and women's human rights activism play an important role in pushing for fairer and more equal legal reforms. Case studies from various regions in Indonesia show variations in legal application that reflect the influence of local context on the interpretation and implementation of family law. The results of this research highlight the need for a holistic approach that includes legal education, ongoing advocacy, and strengthening the capacity of legal institutions to achieve greater gender equality in Muslim family law in Indonesia.
Comparative Study of the MUI Fatwa and Sadd Al-Żarī'ah Concerning Spirit Dolls Prasetyo, Bayu; Ayu, Dewi
Indonesian Journal of Islamic Law Vol. 5 No. 2 (2022): 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.v5i2.2008

Abstract

This research investigates the phenomenon of spirit dolls in the context of Islamic law and the principles of Sadd Al-Żarī'ah, with a focus on the response of the Indonesian Ulema Council (MUI) to the practice. This study uses descriptive qualitative methods, collecting data through interviews with ulama, MUI members, and community surveys, as well as analysis of documents related to MUI fatwas. The results show that the MUI classifies belief in dolls that have spirits as shirk, contrary to tawhid. The Sadd Al-Żarī'ah principle is applied to prevent damage to morals and beliefs, through an educational and preventive approach. This research also highlights the role of the media in popularizing the spirit doll phenomenon, as well as the psychological and social impact of this belief. Recommendations include increased public education, collaboration between religious institutions and the media, and more research into the psychological impact of belief in spirit dolls.

Page 4 of 10 | Total Record : 91

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