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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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Convergence of Customary, Islamic and State Law in Sasak Community Marriages Susilo, Joko; Safitri, Wulan
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.v5i2.2009

Abstract

This research examines the interaction between customary law, Islamic law and state law in the context of marriage in the Sasak community, Lombok, Indonesia. Through a descriptive qualitative approach, this research collects data using in-depth interviews, participant observation, and documentation studies to understand the complex dynamics of interlegality. The research results show that the Sasak people actively navigate the tensions and synergies between the three legal systems in their marriage practices. Legal conflicts often arise from differences in the interpretation and application of customary, Islamic and state law, especially in aspects of dowry, inheritance and child custody. The Sasak people use mechanisms such as mediation by traditional and religious leaders and adaptation of customary legal practices to resolve this conflict. This research provides important insights into how multicultural societies such as the Sasak manage their legal diversity, which can help in the development of legal policies that are more inclusive and sensitive to cultural diversity in Indonesia.
Optimizing Legal Protection for Divorce Outside of Court: Study of the Need for Divorce Isbat in the Indonesian Legal System Kusnandar, Dedi; Rahma, Fitriani
Indonesian Journal of Islamic Law Vol. 6 No. 2 (2023): 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.v6i2.2010

Abstract

This research examines the dualism of religious law and national law in the context of divorce in Indonesia, which raises significant legal and social dilemmas and challenges. This study uses a descriptive-analytic qualitative method with a normative juridical approach to analyze differences in divorce recognition under religious law and national law, as well as its impact on access to justice and legal protection, especially for women. This research identifies that discrepancies in divorce recognition cause various legal and social obstacles, such as difficulties in obtaining maintenance, division of assets, and child custody. As a solution, this study proposes the application of the concept of "divorce isbat" as a mechanism that allows official recognition of divorces carried out outside formal courts, offering higher legal certainty and more effective protection. This research highlights the importance of engaging cross-sectoral stakeholders, including religious leaders, legal practitioners, and civil society organizations, in supporting inclusive and effective legal reform. The implication of these findings is the need for legal reform that harmonizes religious law with national law to strengthen the integrity of the justice system and improve social justice.
Nusyuz in the Era of Social Media: Reinterpreting Wife Behavior in a Modern Context Wijaya, Hendra; Permatasari, Intan
Indonesian Journal of Islamic Law Vol. 6 No. 1 (2023): 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.v6i1.2011

Abstract

This research reexamines the concept of nusyuz in the context of the social media era, highlighting how digitalization affects the dynamics of household relationships. Traditionally, nusyuz refers to the behavior of a wife who leaves the house without her husband's permission. However, in the digital era, this definition has expanded to include various forms of online behavior that challenge authority or norms within the household. Using qualitative and quantitative methods, this research explores how nusyuz behavior is expressed in online interactions and how this affects household stability. The research results show that intensive and uncontrolled use of social media can trigger conflict and disharmony, expanding the traditional boundaries of nusyuz into the digital realm. These findings urge the need for digital education and adaptive policies to address new challenges arising from digital interactions in husband and wife relationships. This research offers in-depth insight into the adaptation of social and cultural norms in the face of shifts in power and self-expression brought about by the digital era.
The Influence of Modernization on the Implementation of Passampo Siri' in Bugis Marriages in East Kolaka: Sociological Perspective of Islamic Law Hartono, Rudi; Lestari, Ayu
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.v5i1.2012

Abstract

This research aims to analyze the influence of modernization on the implementation of Passampo Siri' in Bugis marriages in East Kolaka from a sociological perspective of Islamic law. Using a sociological approach to Islamic law and case study methods, this research involved in-depth interviews with traditional leaders, religious leaders, husband and wife couples, and people who understand Passampo Siri'. Data was also collected through participant observation and related documentation. The research results show that modernization has had a significant influence on the practice of Passampo Siri' in Bugis weddings, with changes in traditional elements such as mappacci and mappetettong ri ade' which have become more flexible due to adaptation to modern values. However, the core principles of Passampo Siri', namely maintaining family honor and the dignity of marriage, are still maintained. The sociological perspective of Islamic law supports the understanding that the changes in Passampo Siri' values are still in line with the principles of honor and dignity in Islamic teachings. Therefore, the strategy for preserving Passampo Siri' involves cultural education, outreach through religious and traditional leaders, strengthening traditional regulations, and strong traditional communities. This research recommendation emphasizes the importance of collaboration between local governments, traditional institutions, religious leaders, and the educational community to ensure harmonization between local culture and Islamic law in the modern era.
The Influence of the Mappasikarawa Tradition on the Level of Compliance with Customs and Islamic Law in Bugis-Makassar Marriages Nugraha, Adi; Putri, Kartika
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.v5i2.2013

Abstract

This research examines the influence of the Mappasikarawa tradition in Bugis-Makassar marriages on the level of compliance with Islamic customs and law. Qualitative methods with a phenomenological approach are used to understand in depth the implementation of this tradition. Data was collected through in-depth interviews, direct observation and document analysis. The research results show that the Mappasikarawa tradition has a significant influence on compliance with Islamic customs and laws in marriage. Factors such as economics, education, and social changes influence the implementation of this tradition. However, the involvement of traditional leaders and ulama helps maintain traditional values and Islamic law in implementing the Mappasikarawa tradition.
The Role of Mediation in Resolving Divorce Cases Due to Physical Incapacity in Indonesian Sharia Courts: Banda Aceh Case Study Susanto, Eko; Andini, Melati
Indonesian Journal of Islamic Law Vol. 6 No. 2 (2023): 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.v6i2.2014

Abstract

This research examines the role of mediation in resolving divorce cases due to physical incapacity such as impotence at the Banda Aceh Sharia Court. With a qualitative approach and case study, this research explores the effectiveness of mediation supported by medical assessment in managing marital conflict. Data was collected through in-depth interviews, participant observation, and document analysis. The research results show that mediation is effective in reducing divorce rates and helping couples overcome impotence problems with appropriate therapy, while reducing social and psychological stigma. This research recommends integrating medical evaluation in mediation and increasing the capacity of mediators, emphasizing the importance of a multidisciplinary approach in mediation to support family well-being and integrity in Islamic family law.
Comparison of the Rights and Obligations of Husband and Wife in the Compilation of Islamic Law and Indonesian Civil Law Salim, Agus; Wulandari, Sari
Indonesian Journal of Islamic Law Vol. 6 No. 1 (2023): 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.v6i1.2015

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. This research aims to compare the rights and obligations of husband and wife in the Compilation of Islamic Law (KHI) and the Civil Code (KUH Perdata) in Indonesia. Using literature study methods and a qualitative analysis approach, this research explores the similarities and differences in the regulation of the two legal systems and their implications for gender justice in husband and wife relationships. The results of the analysis show that both the KHI and the Civil Code place the husband as the head of the family and give the traditional role to the wife as housewife. However, this approach often reinforces unfair gender stereotypes. Data from the Central Statistics Agency (2022) shows an increase in women's participation in the workforce, while a study by UN Women (2018) shows that families that implement gender equality tend to be more harmonious. Therefore, legal reform is needed that is more responsive to changing social dynamics to achieve gender equality and justice in marriage in Indonesia.
Interfaith Marriage and Its Implications for Children's Education in Multicultural Families Suryadi, Firman; Puspita, Rina
Indonesian Journal of Islamic Law Vol. 6 No. 2 (2023): 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.v6i2.2016

Abstract

Interfaith marriages in Indonesia reflect the cultural and religious diversity of society. This research aims to understand the implications of interfaith marriages on children's education in multicultural families. Using a qualitative approach with a case study design, data was collected through in-depth interviews with interfaith couples, their children, educational practitioners, and policy makers in big cities such as Jakarta, Surabaya, and Medan. Findings show that interfaith families face challenges such as identity confusion and social anxiety in children due to social and community pressures. However, some children are able to combine religious values harmoniously, developing a more inclusive identity. Synergy between local communities and educational institutions is needed to support the education of children from multicultural families. This research provides a basis for policy makers and educational practitioners in formulating inclusive adaptive policies.
Society's Perception of Marital Rape and Its Impact on the Legal Attitudes of Muslim Women Hope, Zanele; Setiawan, Iwan; Paramita, Nia
Indonesian Journal of Islamic Law Vol. 6 No. 1 (2023): 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.v6i1.2017

Abstract

Marital rape is a form of sexual violence that is often hidden and does not receive adequate attention, both from a legal and social perspective. This research aims to examine public perceptions of marital rape and its impact on the legal attitudes of Muslim women victims in Indonesia. Using survey methods and in-depth interviews with victims, legal experts, religious leaders and the general public, this research reveals that the level of public awareness about this issue is still very low. Survey results show that 68% of respondents do not fully understand that sexual relations without consent within marriage is a form of sexual violence. In addition, cultural factors and gender-biased religious interpretations also strengthen patriarchal views. The discussion highlighted the need for comprehensive and inclusive public education, as well as collaboration with mass media and religious figures to change this negative perception. This research concludes that a holistic and integrative policy approach is needed to increase public awareness and support women victims of marital rape in seeking justice.
Muhammad Shahrur’s Perspective on Gender Equality in Inheritance Distribution Putra, Herianto; Anwar, Desi
Indonesian Journal of Islamic Law Vol. 6 No. 2 (2023): 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.v6i2.2018

Abstract

This research evaluates the dynamics of inheritance distribution in the context of Islamic law (faraid) amidst socio-economic changes and shifting gender roles. Using descriptive qualitative methods, this study explores the views of reformist Mu ḥ ammad Sha ḥ rūr regarding gender equality in the distribution of inheritance, and compares its application in various legal and social contexts. The main findings show that current principles of inheritance distribution are not in line with changing socio-economic realities, in which women have become important economic contributors. This study emphasizes the need for reinterpretation of Islamic heritage norms to better reflect equality and justice, considering individual economic contributions without gender discrimination. Recommendations include legislative reforms that support a more equal distribution of inheritance, increased public education, and the use of ijtihad in legal practice to accommodate contemporary dynamics.

Page 5 of 10 | Total Record : 91

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