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
91 Documents
<![CDATA[The Social and Psychological Impact of Muhallil Marriage on Women from an Islamic Legal Perspective ]]>
<![CDATA[Wulandari, Eka]]>;
<![CDATA[Septian, Rizki]]>
<![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.v3i2.2034
<![CDATA[This research examines the social and psychological impacts experienced by women in the practice of nikah muhallil and evaluates the role of Islamic law in providing protection for them. Through a qualitative approach involving in-depth interviews and case studies, this research found that women involved in nikah muhallil often face social stigma, psychological pressure, and a lack of understanding and access to legal aid. The research results show that the practice of nikah muhallil causes significant emotional instability and social isolation for women. In addition, this research reveals differences in views between schools of thought regarding the validity of muhallil marriages, which adds to the complexity and ambiguity of the law. The proposed recommendations include increased public education and awareness, stricter law enforcement, and the provision of comprehensive support services for affected women. Clearer and firmer legal reforms are needed to ensure the protection of women's rights and improve their social and psychological well-being in the context of Islamic marriage.]]>
<![CDATA[Contra Legem as a Solution in Resolving Gono-Gini Property Disputes in Religious Courts ]]>
<![CDATA[Anggraini, Dewi]]>;
<![CDATA[Hikmah, Nurul]]>
<![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.v3i2.2035
<![CDATA[This research examines the application of the Contra Legem concept in resolving gono-gini property disputes in the Religious Courts. The main focus of this research is to evaluate the effectiveness of applying this concept in achieving substantive justice and increasing public trust in the religious justice system. Empirical data shows that judges who apply the Contra Legem concept succeed in reaching decisions that are fairer and more satisfying for the parties to the dispute. The theoretical support of the principles of ijtihad and maqasid al-shariah strengthens the relevance and effectiveness of these concepts in the context of modern Islamic law. This research also identifies the challenges faced in implementing this concept and provides recommendations for improving education and training for judges so that Islamic law can continue to develop and be responsive to social dynamics.]]>
<![CDATA[Interpretation of Islamic Law regarding Female Circumcision in Indonesia: Fatwa Analysis and Ulama Opinions ]]>
<![CDATA[Hartono, Rudi]]>;
<![CDATA[Febriani, Wulan]]>
<![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.v3i2.2037
<![CDATA[This study examines the interpretation of Islamic law regarding the practice of female circumcision in Indonesia, with a focus on analysis of fatwas and opinions of ulama from various schools of thought. Normative juridical methods are used to evaluate religious texts and the opinions of ulama, identifying divergences of opinion rooted in the interpretation of different schools of thought. The research results show that female circumcision, while considered obligatory by the Shafi'i school of thought , is seen as permissible by the Hanafi and Hambali schools of thought. The discussion also covers the health and social implications of this practice, highlighting the role of female circumcision in gender structures and social identities. This study contributes to a deeper understanding of the legal, health, and social dynamics surrounding female circumcision in Indonesia, and proposes policy changes that support women's rights.]]>
<![CDATA[Postmortem Conception: Analyzing Jurisprudence and Ethics in Modern Reproductive Technology ]]>
<![CDATA[Broke, Maya]]>;
<![CDATA[Arifin, Faisal]]>;
<![CDATA[Kartini, Ayu]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 5 No. 1 (2022): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v5i1.2038
<![CDATA[This research examines the use of modern reproductive technology, especially artificial insemination with the sperm of a deceased husband, from the perspective of Islamic law and ethics. By adopting a jurisprudential and ethical approach, this research analyzes the views of ulama as well as relevant sharia postulates regarding the halal and ethical implications of this procedure. The results of the research show that the majority of ulama agree that artificial insemination with the sperm of a deceased husband is haram because it breaks the legal marriage bond and disrupts the clarity of the child's lineage. Children born from this procedure cannot be assigned to their biological father, which has a significant impact on their inheritance rights and social identity. This research also highlights the importance of social and psychological support for children born through this procedure to ensure their long-term well-being. This research recommends that fatwa institutions and religious authorities provide clear guidance regarding the use of reproductive technology in Islam to ensure its conformity with sharia.]]>
<![CDATA[Fiqh Analysis of the Age Limit for Marriage and Its Implications for Children's Welfare ]]>
<![CDATA[Fajar, Muhammad]]>;
<![CDATA[Kartika, Linda]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 4 No. 1 (2021): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v4i1.2040
<![CDATA[Child marriage is a phenomenon that still occurs in Indonesia, with various complex social, health and legal implications. This research aims to investigate the views of jurisprudence regarding the age limit for marriage and its impact on children's welfare. Through a study of classical and contemporary fiqh literature, as well as an analysis of Islamic law regarding the minimum age for marriage, this research reveals various perspectives of ulama regarding underage marriage and its implications for the welfare of children. Empirical data from UNICEF and WHO shows the significant negative impact of child marriage on children's physical and mental health, education and economic future. In the context of Islamic law, it is found that a revision of traditional views is necessary to ensure better protection of children's rights. The research results emphasize the importance of a more holistic and contextual approach in the interpretation of Islamic law to prohibit underage marriage and encourage policies that are more protective of children. It is hoped that this research can provide a strong basis for more effective policy advocacy in protecting children's rights in Indonesia.]]>
<![CDATA[Dynamics of State Power and Religious Authority in the Formation of Family Law: Case Study of Indonesia and Malaysia ]]>
<![CDATA[Purnamasari, Sari]]>;
<![CDATA[Prasetyo, Angga]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 4 No. 1 (2021): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v4i1.2058
<![CDATA[This research analyzes the dynamics of state power and religious authority in the formation of family law in Indonesia and Malaysia. Through a qualitative approach with case study methods, this research explores how these two countries integrate religious norms into the national legal framework, especially in the context of family law which is heavily influenced by Islamic interpretations and practices. Data was collected through in-depth interviews with key stakeholders as well as analysis of legal and policy documents. The research results show that although there are legislative efforts to increase gender equality in family law, implementation is often hampered by social norms and pressure from conservative religious groups. These findings also suggest that family law reform that supports gender equality requires strong political support and changes in social perceptions. Policy recommendations include the development of more effective monitoring mechanisms, gender equality-oriented training for legal stakeholders, as well as increasing the participation of women's groups in the policy-making process. This research contributes to the literature on family law and women's rights in Muslim-majority countries and offers insights for more inclusive and equitable family law reform.]]>
<![CDATA[Comparative Analysis of Acceptance of Interfaith Marriages Among Various Islamic Sects ]]>
<![CDATA[Saputra, Ilham]]>;
<![CDATA[Oktaviani, Melinda]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 4 No. 1 (2021): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v4i1.2061
<![CDATA[This research examines the acceptance of interfaith marriages among various Islamic sects, with a focus on Sunni, Shia, and others, in the context of maqā ṣ id ash-shari'ah . Using qualitative methodology, this research involved in-depth interviews and focus group discussions to collect data from ulama, community leaders, and individuals involved in interfaith marriages. Data analysis shows significant variation in acceptance of interfaith marriages between sects, which is influenced by religious education, interreligious interactions, and local policies. This research also explores how education and policy can be used as tools to increase interfaith dialogue and tolerance. The research results suggest that inclusive religious education and policies that support interfaith activities can strengthen tolerance and interfaith understanding in Muslim societies. These findings offer important insights for a better understanding of the complexities of interfaith marriages in the context of Islamic plurality and suggest strategies for increasing social coherence in diverse societies.]]>
<![CDATA[The Influence of Psychological Approaches in Divorce Mediation in Religious Courts ]]>
<![CDATA[Nugraha, Arman]]>;
<![CDATA[Dewi, Citra]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 4 No. 1 (2021): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v4i1.2062
<![CDATA[This research examines the influence of a psychological approach in divorce mediation in religious courts in Indonesia, with a focus on how this approach can overcome the factors that cause mediation failure. Through qualitative methods, data was collected from in-depth interviews with mediators who have extensive experience in divorce mediation and have undergone psychology training. The research results show that mediators with psychological training are more effective in managing the emotional dynamics of mediation, reducing resistance, and facilitating constructive communication between the parties involved. This research also highlights the importance of integrating psychological skills in mediator training to increase mediation success. Recommendations are aimed at developing mediator training curricula and policy adjustments that support more empathetic and effective mediation practices in religious courts.]]>
<![CDATA[Obedience to the Mahram and Its Role in the Muslim Family: An Islamic Family Law Perspective ]]>
<![CDATA[Kurniawan, Adi]]>;
<![CDATA[Herlina, Lina]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 5 No. 1 (2022): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v5i1.2072
<![CDATA[This research examines the role and influence of compliance with mahram law in Muslim family structures in Indonesia, with a focus on social and religious aspects. Using a qualitative approach, this study involved in-depth interviews and participant observation with Muslim family members from various social and educational backgrounds. Data analysis was carried out through grounded theory to identify themes and patterns related to the implementation and perception of mahram law. The research results show that compliance with mahram laws significantly influences family dynamics and religious identity, and reflects deep social values. The study also found friction between traditional and modern values, especially among the younger generation, who are calling for a more flexible interpretation of mahram laws in a changing social context. This research suggests the need for intergenerational dialogue and policy adaptation to bridge differences in interpretation and ensure that mahram law remains relevant to current social conditions.]]>
<![CDATA[The Role of Guardian Judges in Resolving Guardian Adhol Conflicts: Process and Outcome Analysis ]]>
<![CDATA[Anne, Chloe]]>;
<![CDATA[Maulana, Fajar]]>;
<![CDATA[Aulia, Rizky]]>
<![CDATA[ Indonesian Journal of Islamic Law Vol. 5 No. 2 (2022): Indonesian Journal of Islamic Law ]]>
Publisher : <![CDATA[Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember ]]>
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DOI: 10.35719/ijil.v5i2.2074
<![CDATA[This research explores the role of guardian judges in resolving guardian adhol conflicts in religious courts, with a focus on analyzing the decision-making process and the outcomes of the intervention. Through a qualitative approach using the case study method, data was collected through in-depth interviews with judges, related parties and community members, as well as direct observation in religious courts and analysis of legal documents. The findings show that the judge's intervention was effective in overcoming the objections of the nasab guardian who were not based on sharia, as well as increasing public trust in the religious courts as an institution that is fair and responsive to the needs of the people. However, a small portion of the community criticized this intervention for its lack of sensitivity to local customs. This research recommends improving a holistic approach that considers the local cultural context without sacrificing the basic principles of Islamic law, as well as developing better communication strategies to explain the legal basis for judges' decisions to the public.]]>
