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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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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.
Maturity as a Parameter of Readiness and Prevention of Early Marriage Risks: Medical and Sociological Review of Family Law Bayu Dwi Prasetiawan; Azmi Siradjudin; Sakirman
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/a4vc7d53

Abstract

The problem that often occurs in early marriages is that they often experience arguments that stem from maturity issues. This has a huge effect on household harmony. Many young couples when faced with a problem, avoid it instead of solving it due to a lack of maturity. The researcher is a field researcher using a qualitative descriptive approach. This research was conducted in Punggur Subdistrict. The research findings are the parameters of women's maturity in family sociology, the age limit for marriage is 21 years for men and 18 years for women. Meanwhile, according to medical opinion, the maturity of women to marry by assessing the level of maturity of men and women to enter into marriage shows the age range above 20 years and above for women and 25 years for men. This is because getting married at the age of 20 in terms of health and psychological readiness is less risky, the fertility rate is higher and the eggs produced are good to reduce the risk of uterine cancer.
Resistance to Gender Equality: Criticism of Physical Violence from the PKDRT Law Perspective Latifatul Khiyaroh; Sarim Karimullah, Suud; Muhammad Taufik Kustiawan; Fathony, Moh Rosil
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: 10.35719/1xjdkk59

Abstract

Domestic violence (DV) often occurs, especially in the form of physical violence against women (wives). To protect victims of domestic violence, the state has enacted the Law on Protection of Victims of Domestic Violence (UU PKDRT). Therefore, this study focuses on the phenomenon of victims' views on physical violence in the household in the community of Tegalrejo Village, Mayang District, Jember Regency from the perspective of the PKDRT Law. This study aims to understand and analyze the views of victims on physical violence in the household in depth in the community of Tegalrejo Village, Mayang District, Jember Regency. In addition, this study also aims to evaluate the implementation of Law No. 23 of 2004 concerning PKDRT in the community of Tegalrejo Village. This research was conducted in the field (field research) with a juridical-normative approach with a qualitative descriptive nature through data collection from interviews and documentation. The results of this study state that the views of victims in Tegalrejo Village, Jember Regency towards physical violence in the household still tend to be conservative because various problems are still found in the implementation of the PKDRT Law so the knowledge of the Tegalrejo Village community regarding the law is still limited. The factors that cause this are the lack of government socialization regarding the PKDRT Law to the community, especially in villages, and the lack of public awareness of the problem of domestic violence which is often considered commonplace.
Redefining Equality in Marriage Laws: An Analysis of Husband-Wife Relations Through Qira`ah Mubādalah Majidi, Abed; Laili, Nurul Kartika; Jaime, Douglas N.
Indonesian Journal of Islamic Law Vol. 7 No. 2 (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/dvnwmw07

Abstract

Husband and wife, as two pairs of lovers, are actually built on a partnership relationship, without dominance between the two. However, the practice of domination and subordination of husbands in the institution of marriage is still fertile, and domestic violence often appears. This gap between idealist-normative and historical-empirical is reflected in marriage regulations in Indonesia, such as Law No. 1 of 1974 and Presidential Instruction No. 1 of 1999 on the Compilation of Islamic Law. In this context, the existence of Qira`ah mub is important to study the reinterpretation of marital relations based on justice, equality, and reciprocity. This research method uses a qualitative approach that relies on literature studies. The results of the study explain that this mublà method is built on 3 basic premises: first, the presence of Islam is directed to men and women, and the texts allude to both. Second, the principle of the relationship between the two is a relationship of cooperation and reciprocity, not a totalitarian and hegemonic relationship. Third, Islamic texts are open to reinterpretation. In relation to the existing marriage law in Indonesia, both the UUP and the Compilation of Islamic Law, which is now still legitimizing the superiority of husbands over women, Qira`ah mublà is a critical offer in studying the provisions of the marriage law that are built on reciprocal relationships or complementary and needy relationships.
Balancing Justice and Tradition: An Islamic Legal Perspective on Constitutional Court Rulings Regarding Marriage Age Fannani, Ahmad Izzat; Khaliqurrahman, Amran; Rania, Isla
Indonesian Journal of Islamic Law Vol. 7 No. 2 (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/e2ay6682

Abstract

This study analyzes the Constitutional Court Decision Number 22 / PUU-XV / 2017 related to the age limit of Marriage from the perspective of Islamic law. The change in the marriage age limit in this law was passed based on the decision of the Constitutional Court of the Republic of Indonesia (MK) Number 22 PUU-XV/2017, which was born due to the controversy over the previous marriage law. This is a literature research by re-analyzing the policy content of the Constitutional Court of the Republic of Indonesia Number 22/PUU/XV/2017 decision. The analysis examines the legal basis, the applicant's legal standing, and the decision's relevance to Islamic law principles. The results showed that the Constitutional Court's decision was based on valid legal standing and rational arguments. This decision is in line with the value of Islamic law in paying attention to maslahah (benefit). Still, there are differences in certain methodological aspects, especially in the maslahah mursalah approach. The findings also reveal that the change in the marriage age aims to reduce discrimination against women and protect their health, education, and socio-economic rights. From the perspective of Islamic law, the minimum age of Marriage is ijtihadiyah and can be adjusted to the context of the times, as the principle of maqashid al-shari’ah is oriented towards the welfare of the people. This research recommends further harmonizing Islamic and national law to create fairer and more applicable rules.
Protecting the Vulnerable: Child Custody Adjudication in Domestic Violence Cases in Banyuwangi Religious Court Putri Maja Mulia Anisa; Tamam, Badrut; Alrawasdeh , Ziyad
Indonesian Journal of Islamic Law Vol. 7 No. 2 (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/ek3d7b04

Abstract

Domestic Violence (KDRT), which also often causes child custody disputes between two parents, is one of the many factors in divorce. Judges must consider the value of justice for each party when they decide a case. Building clear standards in assessing justice and dealing with social problems in the legal realm is difficult, especially when problems continue to arise in society, especially regarding child custody after divorce due to domestic violence. The method used in this research is empirical legal research, using legislative, conceptual, and legal psychology approaches. The results of this research are that the judge uses legal interpretation and legal principles based on Law Number 23 of 2002 article 2 letter b concerning Child Protection where"  the appropriate hadhanah must be based on the child's interests and by with the case being handled. If the father is at fault here then the judge must also refer to the provisions of KHI Article 105 where the custody of a child who has not yet mumayyiz will fall into the hands of the mother by using the civil law principle of proof (burden of proof), judges sometimes face external obstacles in the form of community participation in providing testimony regarding facts in the field, but if the facts and If the required evidence exists and all the interests of the child have been considered, the determination will be easier without any legal constraints or obstacles.
Legal Certainty, Justice, and Maqasid al-Shari'ah in Polygamy Permits: A Case Study of Kediri Religious Court Muhammad Solikhudin; Abdelmalek OUICH; Shofwan Al-Jauhari; Ashima Faidati
Indonesian Journal of Islamic Law Vol. 7 No. 2 (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: 10.35719/1xcbasch7

Abstract

 Polygamy has been a problem with pros and cons until now. This also includes permission for polygamy carried out by the husband for reason of high sexual desire or hypersexuality, which causes the husband to take permission for polygamy to the Religious Court. This is what happened in the Kediri Regency Religious Court Number 3826/Pdt.G/2023/PA.Kab.Kdr. This article is library research, qualitative in nature, and uses a conceptual and statutory approach. The results of this research show that the practice of polygamy permit is in accordance with aspects of legal justice, legal certainty and legal benefit. As for maqasid al-shari'ah, if it is related to the case of polygamy permit, it can be understood that, First, legal texts and rules are not separate from their purpose. In Islam, there is a rule that polygamy is limited to four wives, the purpose of which is to worship Allah and form a harmonious family and must fulfill the positive legal aspects, namely permission from the first wife. Second, combine universal principles with arguments used for specific cases. In this case, even though there is a text about polygamy, it still requires permission from the first wife, and is connected to the principle of hifz al-usrah which contains hifz al-din, hifz al-al-'aql, hifz al-nasl, and hifz al-mal. All these principles emphasize the teachings of Islam rahmatan lil 'alamin. Third, achieving benefits and preventing harm. Therefore, polygamy must be accompanied by permission from the first wife to realize the benefits and the building of the family must prioritize the benefits aspect and avoid harm. Fourth, consider the final result. In this case, the implication of the husband's actions, if the impact is that the family structure is not harmonious, it is better for the husband to marry only one wife. So that the goals of marriage can be achieved. This is in accordance with the purposefulness feature conveyed by Jasser Auda.
Intimate Jurisprudence: Islamic Family Law Between Global Human Rights and French Republican Values Berber, Sonia; Blanc, Samira
Indonesian Journal of Islamic Law Vol. 7 No. 2 (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: 10.35719/2ke75t93

Abstract

This article explores the intricate dynamics of Islamic family law within the framework of global human rights and French republican values, focusing on the intersection of secularism ( laïcité ) and the preservation of religious identity in the Muslim community. Using a qualitative approach, this study analyzes the challenges, adaptations, and conflicts faced by Islamic family law in a secular legal system, with a particular emphasis on gender equality. The findings reveal that Islamic family law in France operates within a complex environment that requires pragmatic solutions. These include informal marriage contracts, community-based mediation, and localized fatwas, which allow Muslim communities to maintain religious practices while navigating the constraints of French secularism. However, these adaptations are not without limitations, as they often place vulnerable groups, particularly women, in precarious positions due to insufficient legal protection and patriarchal interpretations of religious norms. The study further examines the tension between global human rights principles and Islamic family law, particularly in areas such as divorce and inheritance, where gender equality is contested. Despite these challenges, the research highlights the progressive potential within Muslim communities to reform and reinterpret Islamic principles in ways that align with both religious identity and universal justice. This article concludes that Islamic family law in France represents a crucial intersection between tradition and modernity, religion and state. Achieving harmony requires inclusive policies and a deeper cross-cultural dialogue that respects both religious diversity and universal human rights. Such an approach could pave the way for a more pluralistic legal framework that bridges the gap between secularism and Islamic jurisprudence.
Kelakat and Cultural Identity in Marriage Rituals: A Maqasid Al-Shari’ah Approach in Loloan Timur Muslim Traditions Hasani; Wulan Suci Rahmadani; Ummah, M. Fijar Ishlahul
Indonesian Journal of Islamic Law Vol. 7 No. 2 (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/chwgg449

Abstract

This study aims to examine and analyze the phenomenon of the Kelakat tradition, which is still controversial because some parties prohibit it because it is contrary to Sharia and has implications for shirk. Kelakat is a tradition in marriage that is often carried out by the majority of the East Loloan village community. It is passed down from generation to generation and is believed to eliminate bad luck, and if the ritual is not carried out, it can cause problems for the bride and groom. This research uses a qualitative method with a case study approach in East Loloan village, the theory used with Maqasid Al-Shari’ah Jasser Auda. The result of this research is that the Kelakat tradition has become a habit that has been attached to the East Loloan community to make it survive amid Muslim communities in East Loloan village and does not conflict with Sharia law because there has been a revolution in its implementation so that it is under the objectives of Sharia.
Sadd al-Dharī'ah, Social Media, and Korean Muslim Converts: A Legal Theory Analysis of Digital Content Creation Soo-Jung, Kim Fatima; Sung-min, Cong Abdullah; Hae-young, Vermeersch; bin Haji Awang Mat, Muhd Zahiri
Indonesian Journal of Islamic Law Vol. 8 No. 1 (2025): 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/hx6hyp25

Abstract

This article examines the application of the Islamic legal principle of Sadd al-Dharī'ah (blocking the means to harm) in the context of digital content creation by Korean Muslim converts on social media. The study investigates how the principle, traditionally employed to prevent potential harm, is interpreted and applied to the ethical challenges of producing and sharing Islamic content in digital spaces. Employing qualitative methods, the research draws on interviews with Korean Muslim content creators, analysis of their digital materials, and a review of classical and contemporary Islamic legal texts. The findings reveal a complex negotiation between promoting Islamic teachings and addressing potential risks, such as the misinterpretation of content, commodification of religious messages, and online harassment. Content creators navigate these challenges by balancing the principle of Sadd al-Dharī'ah with the goals of da‘wah (Islamic outreach) and the demands of social media algorithms, often prioritizing harm prevention while striving for engagement and authenticity. This study highlights the dynamic application of Islamic legal theory in the rapidly evolving digital landscape, offering insights into how Korean Muslims convert and contextualize their religious obligations within modern technological frameworks. By addressing the interplay between ethical content creation and religious principles, the research contributes to broader discussions on the relevance of classical Islamic jurisprudence in addressing contemporary issues. It underscores the need for further scholarly engagement with digital ethics in Islamic legal thought and provides practical recommendations for Muslim content creators navigating similar challenges worldwide.

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