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Suud Sarim Karimullah
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Insani: Jurnal Pranata Sosial Hukum Islam
Published by Mahkota Science Publishers
ISSN : -     EISSN : 31233023     DOI : https://doi.org/10.65586/insani
Core Subject :
Insani: Jurnal Pranata Sosial Hukum Islam is a reputable, open-access, peer-reviewed academic journal published biannually (June and December) by Mahkota Science Publishers. The journal focuses on Islamic law as a social institution, examining its interactions with culture, society, and local norms within Muslim communities, particularly in Indonesia and Southeast Asia.
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Articles 14 Documents
 1   2 
Protection of Freedom of Religion in Islamic Law in Secular Turkey and Its Relevance for Indonesia Wahyudi; Faizah Abdullah Latif; Khoiruddin; Moh Dahhur; Sasi Sabila Musakinah Ramadhany
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i1.1

Abstract

This study aims to explore further the protection of religious freedom in the context of secular countries such as Turkey and to analyse the relevance of this experience for Indonesia, which has its own religious and cultural complexities. This qualitative study uses a descriptive-analytical approach that focuses on document analysis and literature review involving hermeneutic interpretation that describes the content of regulations and policies and examines the socio-political context behind them to obtain a comprehensive understanding of the dynamics of religious freedom protection. The findings indicate that Turkey's experience in protecting religious freedom under Islamic law in a secular state demonstrates that genuine protection of religious rights is not sufficient through formal guarantees or state neutrality on paper alone, but must be realised through the courage of legal institutions to open spaces for dialogue, recognition of diverse interpretations, and tangible protection for minorities and vulnerable groups from pressure by the majority or political interests. The relevance for Indonesia is the need to avoid the trap of extreme secularism that restricts religious expression or identity politics, which in turn threatens pluralism. This can be achieved by strengthening the state's role as a protector of substantive justice, not merely as a formal arbiter or servant of the majority.
Political Analysis of Islamic Law on the Regulation of Interfaith Marriage in Indonesia M. Rafli Kurniawan; Moh. Rosil Fathony; Dikson T. Yasin; Supriyanto Agus Jibu; Abd Shamat
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i1.2

Abstract

This study aims to reveal the limitations and implications of legal exclusivism on protecting human rights, particularly freedom of religion, the right to choose a spouse, and the protection of vulnerable groups in Indonesia. This study uses a qualitative approach with critical document and literature analysis methods, placing legal products and state policies as the main objects of study with a synthesis between political theory and the theory of social construction of Islamic law. The results indicate that Indonesia remains trapped in a cycle of compromise between religious conservatism and constitutional promises regarding human rights, resulting in the law often serving as a tool to restrict rather than protect diversity. The state's reliance on majority interpretations and the postponement of legislative reform not only perpetuate discrimination against individuals who choose different ways of life but also threaten social integration and reduce the meaning of religious freedom to narrow administrative spaces. However, amidst challenges and resistance from conservative groups, there is an opportunity to reconstruct the family law paradigm by reaffirming commitment to substantive justice, pluralism, and respect for individual rights, so that the state can establish a legal system that is truly inclusive and fair for all its citizens without exception.
Tension between Islamic Law and Human Rights in Child Marriage Cases in Indonesia Nurmu’izzatin Zaharatul Parhi; Murdan; Hamsah Hudafi; Rizki Pangestu; Fawwaz Elmurtadho
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i1.3

Abstract

This study aims to build a strong knowledge base so that the transformation process can proceed inclusively and sustainably, in line with social dynamics, developments in religious interpretation, and constitutional demands and human rights commitments that have become part of Indonesian civilisation. This study applies a qualitative approach with a library research strategy that prioritises the analysis of legal documents, religious interpretations, state policies, as well as scientific publications and reports from international and national organisations related to the issue of child marriage by integrating several main frameworks to support comprehensive and multidimensional analysis. The results indicate that the tension between Islamic law and human rights in cases of child marriage in Indonesia shows that without the political courage to enforce comprehensive child protection and update religious interpretations to be responsive to reality, the state will only continue to repeat ambiguous compromises that harm the younger generation. A paradigm shift, cross-actor collaboration, and a commitment to placing children's rights at the foundation of social justice and national progress are needed for Indonesia to break free from the cycle of injustice and achieve a society that values universal human values and traditional wisdom justly.
Political Conflict between Islamic Law and National Law in Indonesia Rizal Al Hamid; Mohamad Sobrun Jamil; Rodhotun Nimah; Mahrus Alwi Hasan Siregar; Supriyadi
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i1.4

Abstract

This study aims explicitly to critically, deeply, and integratively explore the dynamics of political conflicts between Islamic law and national law in Indonesia, at the levels of discourse, legislative practice, and social implications in society. This study utilises a qualitative approach with structured and critical library research methods, relying on tracing, examining, and analysing various authoritative sources. The results confirm that the political conflict between Islamic law and national law in Indonesia has become a sharp mirror for the nation's journey in shaping a just, equal, and dignified life together amid diversity. The recurring tension between the demands for the formalisation of Islamic law by conservative Islamic groups and the state's efforts to maintain the supremacy of pluralistic and constitutional national law has given rise to a legal system fraught with compromise, inconsistency, and even injustice for vulnerable and minority groups. In the tug-of-war of interests, the law often becomes a tool for legitimising identity and power rather than an instrument of substantive justice and human rights protection. This situation demands the courage of the state and all elements of society to break free from the trap of pragmatic compromises and narrow identity politics, and to boldly push for legal reforms oriented towards universal justice.
The Convergence of Islamic Law and Customary Law in the Management of Zakat in Indonesia and Malaysia Lalu Hendri Nuriskandar; Adamu Abubakar Muhammad; Haerunnisa; Syamsul Alam; Latifatul Khiyaroh
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i1.5

Abstract

This study seeks to fill a gap in the literature, which has been overly focused on the dichotomy between Islamic law and the state, by offering a new perspective: zakat as a space for convergence and a social laboratory for the creation of inclusive, responsive, and adaptive governance in response to the complexities of Muslim societies in Indonesia and Malaysia. This study employs an exploratory-descriptive qualitative approach, focusing its analysis on legal documents, regulations, religious fatwas, and academic literature discussing zakat management in Indonesia and Malaysia. The results confirm that the convergence of Islamic law and customary law in zakat management in Indonesia and Malaysia is essentially a space for the search for meaning of justice that is never final, where the state, society, and religious authorities continuously negotiate the boundaries of universality and locality in the distribution of welfare for the people. In the dialectic between the egalitarian principles of Sharia and the nuanced kinship practices of customary law, zakat emerges as a social laboratory that tests the legitimacy, inclusiveness, and vitality of the legal system itself. The effectiveness and transparency of zakat governance are not solely determined by the state's courage to innovate or the sophistication of regulations, but by the success of all actors in fostering critical, reflective dialogue, providing genuine space for local community participation, and positioning zakat as an instrument of social liberation that challenges the status quo and opens new pathways to substantive justice.
The Dynamics of the Relationship between Islamic Law and Customary Law in Inheritance Disputes in Indonesia Moh Ainul Muttaqin; Suyuti Dahlan Rifa’i; Helmi Yahya; Hijriatu Sakinah; Qamaruddin
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i1.6

Abstract

This study aims to analyse the dynamics of the political relationship between Islamic law and customary law in inheritance disputes in Indonesia. This study employs a critical qualitative approach using legal-political discourse analysis based on social theory as its main framework. It focuses on a critical reading of legal texts, legislation, religious fatwas, court decisions, customary documents, and public discourse in the mass media and academia related to inheritance disputes. The findings reveal that the struggle and negotiation between Islamic law and customary law in inheritance disputes in Indonesia are not merely conflicts between religious norms and local traditions, but rather a sharp reflection of how the state regulates, negotiates, and even instrumentalises law for the sake of political identity and formal stability. When the state chooses to affirm one legal system while reducing another, what is sacrificed is not only legal diversity itself but also substantive justice for the most vulnerable women, customary communities, and those living under overlapping legal authorities that are not equal. This is where the urgency lies for the emergence of a new legal paradigm that not only recognises plurality but also nurtures it as a collective force towards inclusive social justice.
The Secularisation of Islamic Criminal Law and Its Implications for the Protection of Human Rights in Indonesia Imat Hibbatulloh; Ahmad Sahal Najhan; Muhammad Lathif Dzulfikar; Fathorrachman; Ridho Mabrur
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i1.7

Abstract

This study aims to critically analyse the dynamics of secularisation of Islamic criminal law in Indonesia and examine its implications for protecting human rights in a pluralistic and democratic society. This study uses library research combined with comprehensive theoretical integration, in which the exploration of literature both classical and contemporary works by legal scholars, philosophers, theologians, and social scientists does not merely map the discourse, but also directs attention to the critical dialectic between various paradigms that interact and even compete in the context of the secularisation of Islamic criminal law and its implications for the protection of human rights in Indonesia. The results state that the secularisation of Islamic criminal law in Indonesia is not merely a matter of separating religious norms from the national legal system, but is a crucial arena for the struggle for identity, legitimacy of justice, and the fulfilment of human rights in a pluralistic society. This process requires the state to avoid narrow political compromises and instead dare to creatively and inclusively integrate the substantive values of Islamic justice with universal human rights principles, thereby establishing a criminal law system that truly guarantees equality, respects human dignity, and strengthens social cohesion amidst the nation's diversity.
Halal Labelling as Political Capital in Negotiating Islamic Law for Business Interests Eka Sutisna; Arsy Shakila Putri; Imam Ragimov; Zulkhaedir Abdussamad; Wawan Irawan
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.35

Abstract

In this study, the halal label is positioned not merely as a normative marker of sharia compliance, but as symbolic-political capital which, through a process of negotiation between Islamic law, state authority, and corporate logic, is converted into moral legitimacy, regulatory bargaining power, and economic advantage, thus revealing how piety is produced, exchanged, and contested in the arena of modern business power. This study uses a socio-legal qualitative approach with policy analysis and critical document study designs, as the negotiation of Islamic law in the issue of halal labelling essentially takes place in the textual, regulatory, and discursive realms. The results state that halal labelling must be understood as a device of power that works through symbolic recognition as well as an administrative device, thereby transforming religious values into capital that can be negotiated in three mutually pressured fields, namely pluralistic Islamic law based on ijtihad, state law that demands standardisation and certainty, and corporate logic that prioritises efficiency and supply chain certainty. From this, it appears that halal certainty often resembles procedural certainty that can be audited rather than moral certainty that lives in the diversity of community practices. Precisely because of this, the halal label becomes a strategic currency that can be converted into social legitimacy, regulatory access, and competitive advantage, while also producing a certification political economy that creates an ecosystem of costs, audit services, training, consultation, and potential technical knowledge monopolies.
Islamic Inheritance Law in Practice Among Multiethnic Muslim Families in Indonesia Roy Prabowo Lenggono
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.39

Abstract

Amid the encounter between normative sharia texts, layered customary traditions, and the social reality of multiethnic Muslim families in Indonesia, Islamic inheritance law manifests not as a static rule but as a space for philosophical dialectics in which divine justice, human interests, and cultural negotiations intertwine dynamically. The purpose of this study is to provide an in-depth explanation of the practice of Islamic inheritance law in multiethnic Muslim families in Indonesia by identifying patterns of negotiation between sharia norms and customs. This study uses a qualitative approach with a socio-legal research design combined with multiple case studies, as this approach is most relevant for examining Islamic inheritance law as a living norm practised in the socio-cultural context of multiethnic Muslim families. The results confirm that inheritance is not merely a matter of dividing faraidh numbers, but rather the most tangible arena of struggle between sacred texts, cultural traditions, and the demands of modern social justice. This dialectic reveals that deviations from classical fiqh are often not a form of normative defiance, but rather a strategy of adaptation to maintain family harmony, respond to changing gender roles, and negotiate multiethnic identities in a pluralistic domestic space. The hybridity of inheritance is a sociological reality that cannot be ignored by state law or religious authorities, so the future of Islamic inheritance law in Indonesia depends on the courage to build bridges between the certainty of sharia and substantive justice that is alive.
The Dynamics of Islamic Law in the Practice of Modern Religious Philanthropy Rohmawati Rohmawati; Muhammad Zulfan Abdusyakur; Ghazy Ahmad Filando; Navi’ Vadila
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.41

Abstract

In the vortex of digital modernity that has shifted Islamic philanthropy from communal worship to a global institutional instrument, the dynamics of Islamic law appear not as a frozen normative legacy, but as a philosophical arena where authority, social justice, and the meaning of piety are renegotiated amid the tug-of-war between text, maqāṣid, state, and market logic. This study aims to formulate conceptual and practical contributions to the development of Islamic philanthropy that is responsive to changing times while remaining grounded in sharia principles. It employs a qualitative approach with a multiple-case study design grounded in doctrinal analysis, seeking to map the dynamics of Islamic law in modern philanthropy through documented texts and practices. The results indicate that modern Islamic philanthropy can no longer be understood merely as the technical application of fiqh ʿibādah māliyyah, but has transformed into a strategic arena in which Islamic law is produced, contested, and fought over within power relations among scholars, the state, the market, and digital technology. This dynamic shows that philanthropic innovation is not only a matter of legal permissibility, but also of the direction of social justice one wishes to realise. The validity of innovation is not determined solely by textual conformity, but also by governance, transparency, platform design, and beneficiaries' experiences in interpreting justice and trust.

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