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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 98 Documents
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Contra Legem as a Solution in Resolving Gono-Gini Property Disputes in Religious Courts Anggraini, Dewi; Hikmah, Nurul
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.v3i2.2035

Abstract

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.
Interpretation of Islamic Law regarding Female Circumcision in Indonesia: Fatwa Analysis and Ulama Opinions Hartono, Rudi; Febriani, Wulan
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.v3i2.2037

Abstract

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.
Postmortem Conception: Analyzing Jurisprudence and Ethics in Modern Reproductive Technology Broke, Maya; Arifin, Faisal; Kartini, 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.v5i1.2038

Abstract

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.
Fiqh Analysis of the Age Limit for Marriage and Its Implications for Children's Welfare Fajar, Muhammad; Kartika, Linda
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.v4i1.2040

Abstract

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.
Dynamics of State Power and Religious Authority in the Formation of Family Law: Case Study of Indonesia and Malaysia Purnamasari, Sari; Prasetyo, Angga
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.v4i1.2058

Abstract

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.
Comparative Analysis of Acceptance of Interfaith Marriages Among Various Islamic Sects Saputra, Ilham; Oktaviani, Melinda
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.v4i1.2061

Abstract

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.
The Influence of Psychological Approaches in Divorce Mediation in Religious Courts Nugraha, Arman; Dewi, Citra
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.v4i1.2062

Abstract

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.
Obedience to the Mahram and Its Role in the Muslim Family: An Islamic Family Law Perspective Kurniawan, Adi; Herlina, Lina
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.v5i1.2072

Abstract

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.
The Role of Guardian Judges in Resolving Guardian Adhol Conflicts: Process and Outcome Analysis Anne, Chloe; Maulana, Fajar; Aulia, Rizky
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.v5i2.2074

Abstract

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.
Islamic Law and Local Tradition: Living Appasili Marriage in Takalar Regency Indonesia Ardi, Muh Zaitun; Shuhufi, Nadyatul Hikmah
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.v7i1.2114

Abstract

The Appasili wedding tradition in Takalar Regency, South Sulawesi, has its uniqueness that is rarely found in other places. Appasili involves a series of distinctive rituals, such as marriage proposals, offerings, and joint celebrations, which show the importance of customs and rituals in the lives of the Takalar people. Each element in this tradition has a deep symbolic meaning, reflecting the cultural, spiritual, and social values ​​upheld in local society. The Appasili wedding process also highlights the important role of the extended family and community, showing solidarity and strong social integration in the celebration. This research aims to describe community perceptions and Islamic legal perspectives on this tradition. This research uses a qualitative approach and is field research with data collection techniques in the form of in-depth interviews with religious figures and traditional practitioners, as well as related documentation. The research results show that people view the Appasili tradition as a hereditary custom that is believed to perfect and cleanse a marriage. However, the impact is not uniform; Some traditional leaders believe that not carrying out Appasili will have a negative impact, while some people see it as a habit with no significant impact. From the perspective of Islamic law, the Appasili tradition is considered permissible (permissible) because it does not contain harm and is following the principle of "al-urf muhakkam" and includes ‘urf Shohih', namely habits that do not conflict with Sharia law'. This research recommends preserving traditions by the next generation and the need for attention from government agencies in providing an understanding of the importance of preserving these traditions.

Page 7 of 10 | Total Record : 98

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