Indonesian Journal of Islamic Law (IJIL)
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.
Articles
98 Documents
<![CDATA[Polygamy in the Digital Era: Comparison of Moderate and Conservative Views on Portal-Islam.id, NU.or.id, Rumaysho.com, and Muslim.or.id ]]>
<![CDATA[Purnama, Yoga]]>;
<![CDATA[Maharani, Anisa]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 6 No. 1 (2023): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v6i1.2019
<![CDATA[Polygamy is a controversial topic that has sparked debate among Indonesian society, especially in the digital era. This research aims to compare moderate and conservative views on polygamy presented by four popular Islamic websites in Indonesia: Portal-Islam.id, NU.or.id, Rumaysho.com, and Muslim.or.id. Using content analysis methods, this research explores the narratives formed by each website regarding the practice of polygamy. The research results show that NU.or.id places more emphasis on aspects of justice and women's welfare, while Portal-Islam.id and Rumaysho.com focus on religious legitimacy and the husband's obligations in polygamy. Muslim.or.id provides a more balanced view, but still faces challenges in balancing moderate and conservative views. This research also reveals that polygamy has complex social and psychological impacts, often detrimental to women and children in polygamous families. These findings emphasize the need for critical evaluation and a more inclusive approach in discussing and regulating polygamy practices in Indonesia, especially in the digital context.]]>
<![CDATA[Analysis of Polygamy Law in Indonesia: Harmony between Islamic Law and State Law ]]>
<![CDATA[Aminah, Aminah]]>;
<![CDATA[Muala, Asyharul]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 6 No. 2 (2023): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v6i2.2020
<![CDATA[Polygamy, a practice that is widely recognized and regulated in Islamic law, often raises legal and social dilemmas in the context of Indonesia's national regulations. This research uses descriptive qualitative methods to analyze the interaction between Islamic law and Law Number 1 of 1974 concerning Marriage in Indonesia, which shows the conflict between religious norms and modern legal demands that are more inclusive. The research results show a significant gap between the law and practice of polygamy, with many cases carried out without official registration, leaving wives and children vulnerable without adequate legal protection. This study emphasizes the need for policy reform and increased law enforcement to address these social and legal problems, as well as increasing harmony between religious law and positive law, with the main aim of seeking better justice and prosperity for all involved.]]>
<![CDATA[Islamic Family Law Reform: Iddah for Husbands as an Effort for Gender Equality ]]>
<![CDATA[Isla, Ruby]]>;
<![CDATA[Kurniawan, Asep]]>;
<![CDATA[Amelia, Lita]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 6 No. 1 (2023): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v6i1.2021
<![CDATA[This research explores the implementation of iddah for husbands as part of Islamic family law reform to achieve gender equality in Indonesia. Qualitative research methods with a descriptive-analytical approach were used to examine this concept through literature studies and in-depth interviews with legal and psychology experts. The research results show that although the traditional concept of iddah does not regulate a waiting period for husbands, implementing iddah for husbands can provide emotional and psychological benefits, as well as help achieve equality of rights and obligations between husband and wife. Implementation of iddah for husbands also requires support through awareness campaigns, counseling services and a clear legal framework. Therefore, legal reform that includes iddah for husbands is proposed as an important step in creating justice and prosperity in Muslim families in Indonesia.]]>
<![CDATA[Review of the Marriage Age Limit Policy in Indonesia Through the Saad al-Dzari'ah Principles ]]>
<![CDATA[Bin Hashim, Jamaluddin]]>;
<![CDATA[Aziz, Su’udin]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 6 No. 2 (2023): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v6i2.2022
<![CDATA[This research examines the latest policy regarding the age limit for marriage in Indonesia, which sets a minimum age of 19 years for both sexes. The main objective is to assess the impact and effectiveness of this policy in the context of social, health and gender equality, through the lens of Saad al- Dzari'ah principles which are oriented towards preventing social damage before it occurs. The methodology used includes a juridical-normative approach with statistical data analysis, case studies, and in-depth interviews with various stakeholders. The results showed a significant reduction in early marriage, an increase in education and economic preparedness, and a reduction in reproductive health risks. This study also identified that the application of Saad al-Dzari'ah principles has been effective in preventing social problems related to early marriage and supporting gender equality. Policy recommendations include increasing the minimum marriage age, broader educational campaigns, integration of religious values in public policy, and regular monitoring and evaluation. This research provides valuable insights for policy makers in formulating marriage regulations that are responsive to ongoing social dynamics, while respecting the juridical, social and religious values of Indonesian society.]]>
<![CDATA[Negotiation, Adaptation and Women’s Resistance to Patriarchal Norms in the Context of Forced Marriage ]]>
<![CDATA[Faiz, Muhammad Fauzinudin]]>;
<![CDATA[Koca, Ferhat]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 7 No. 1 (2024): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v7i1.2024
<![CDATA[This study investigates the occurrence of coerced matrimony in a culture that prioritizes male-dominated principles, namely within the Muslim community. This study employs a qualitative methodology, which includes conducting in-depth interviews, organizing focus group discussions, and analyzing relevant documents. The findings of this study provide light on the several ways in which women who are confronted with forced marriage resist and adapt to their circumstances. The research findings indicate that a significant number of women face challenges when trying to obtain assistance and legal aid, which is worsened by societal disapproval and the insufficiency of current law enforcement measures. This study proposes enhancing awareness and education on women's rights, along with the necessity for legal restructuring to tackle the issue of coerced matrimony. These findings highlight the need for more extensive interventions and enhanced assistance for women who are confronted with forced marriage.]]>
<![CDATA[Childfree and Inheritance Rights in Islamic Family Law: A Comparative Review ]]>
<![CDATA[Sutrisno, Bambang]]>;
<![CDATA[Handayani, Rika]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 3 No. 1 (2020): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v3i1.2027
<![CDATA[This research investigates the legal and social implications of childfree decisions on inheritance rights in Islamic family law through a comparative juridical approach. The phenomenon of childfree, namely the decision of a husband and wife not to have children, raises questions about how inheritance rights are regulated and implemented in accordance with Islamic law. This study analyzes various views from the main schools of Islam (Hanafi, Maliki, Syafi'i, and Hanbali) as well as fatwas from leading fatwa institutions such as Dar al-Ifta al-Misriyyah and the Indonesian Ulema Council. The research results show that the childfree decision influences the social structure of the family and brings significant changes in the distribution of inheritance rights. Analysis of actual cases reveals that the absence of children in a family can transfer part of the inheritance to other relatives such as siblings or parents. This research recommends the need for increased education and inclusive legal guidance to reduce social stigma and ensure fairness in inheritance distribution, so that Islamic family law can be more responsive to contemporary social dynamics.]]>
<![CDATA[The Influence of Legal Education on Understanding Joint Property in Marriage Among Urban Communities ]]>
<![CDATA[Hidayat, Rahmat]]>;
<![CDATA[Pratiwi, Dina]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 3 No. 1 (2020): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v3i1.2028
<![CDATA[This research aims to explore the influence of legal education on urban society's understanding of joint property in marriage. The research uses mixed methods, namely a quantitative survey of urban communities and in-depth interviews to gain deeper insight. The research results show that legal education, both formal and non-formal, has a significant influence on legal understanding of joint property. Respondents who received legal education had a better understanding of their rights and obligations regarding joint property, and implemented management practices that were more in line with positive law. These findings indicate the need for increased integration of legal material in the formal education curriculum and the development of non-formal legal education programs that are broader and more inclusive. Recommendations from this research emphasize the importance of collaboration between government, educational institutions and civil society organizations to improve access and quality of legal education, in order to create a more just and legally aware society.]]>
<![CDATA[Implementation of Islamic Law in Dealing with Disabled Husbands and Family Support Obligations ]]>
<![CDATA[Syahputra, Ahmad]]>;
<![CDATA[Fatimah, Maria]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 3 No. 1 (2020): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v3i1.2029
<![CDATA[This research examines the implementation of Islamic law in families with husbands who have disabilities, especially related to maintenance obligations. The family is an important social unit in Islam, with the husband as the person responsible for providing support. However, the husband's disability condition creates additional challenges in fulfilling this obligation. Through descriptive and normative approaches, as well as case studies and legal analysis, this research collects data from literature studies, interviews with legal and family experts, and direct observation. The research results show that Islamic law provides flexibility in the division of breadwinner roles, allowing wives to help without reducing their husband's main obligations. Comparative analysis with practices in other Muslim countries shows the importance of government support and social institutions in improving the welfare of families with disabled members. More inclusive policy recommendations and practical solutions based on the principles of Islamic law are proposed to ensure the overall well-being of families.]]>
<![CDATA[Legal Protection for Children Suffering from HIV/AIDS: Perspective of Classical Fiqh and Contemporary Fiqh ]]>
<![CDATA[Ramadhan, Reza]]>;
<![CDATA[Hidayah, Nurul]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 3 No. 1 (2020): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v3i1.2030
<![CDATA[This research examines legal protection for children living with HIV/AIDS from the perspective of classical and contemporary fiqh and its implementation in the context of positive law in Indonesia. Classical fiqh emphasizes the importance of protecting the soul (hifz nafs) as one of the maqashids of sharia, while contemporary fiqh adopts a more flexible and humanist approach in dealing with modern challenges such as HIV/AIDS. This research uses a normative juridical method with a literature study approach, analyzing primary and secondary legal sources. The research results show that although Law Number 35 of 2014 concerning Child Protection has regulated special protection for children living with HIV/AIDS, its implementation in the field still faces various challenges such as social stigma and lack of public understanding. This research proposes an integration of classical and contemporary fiqh views to form a more holistic and inclusive national policy, as well as recommending increasing public education and empowering Islamic social and educational institutions to support the protection of children living with HIV/AIDS.]]>
<![CDATA[The Influence of the LAZISNU Jombang NU-Care Program on Improving Quality of Life: Phenomenological Study ]]>
<![CDATA[Pratama, hendra]]>;
<![CDATA[Purnama, Dian]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 3 No. 2 (2020): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v3i2.2032
<![CDATA[This research aims to explore the influence of the NU-Care LAZISNU Jombang program on improving the quality of life of beneficiaries, using a qualitative phenomenological approach. Through in-depth interviews and participant observation, this research explores the subjective experiences of beneficiaries in economic, educational, health and social welfare aspects. The research results show that LAZISNU Jombang's NU-Care programs have succeeded in increasing the income and economic stability of beneficiaries, providing better access to education, improving health, and strengthening self-confidence and involvement in community activities. Active participation in community activities increases significantly, which contributes to better psychological and social well-being. This research emphasizes the importance of a holistic approach in empowerment programs that does not only focus on material assistance but also on social empowerment and community participation. It is hoped that these findings can provide broader insight for the development of community empowerment programs in the future]]>
