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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.
Arjuna Subject : -
Articles 14 Documents
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Islamic Law in Contemporary Indonesian Local Political Culture Qadriani Arifuddin; Asep Saifuddin; Atiyyatullah; Noorhani Dyani Laksmi
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.v1i2.47

Abstract

This study places Islamic law within Indonesia's local political culture as a field of struggle over meaning that not only reflects the religious aspirations of the community, but also reveals how sharia continues to be negotiated, contested, and even politicised within local democratic power relations that are laden with symbols, identities, and struggles for legitimacy. The aim is to explain how Islamic law can function as a source of political legitimacy, an instrument of public policy, and an arena for identity contestation in local communities. This study uses a qualitative approach with a cross-regional comparative case study design, given the complexity of the phenomena under study, which cannot be reduced to simple causal relationships. The results indicate that Islamic law in contemporary Indonesian local political culture is not merely a normative system applied. Still, rather a field of struggle for meaning that is continuously reproduced in the tug-of-war among the legitimacy of power, collective identity, and the demands of pluralistic democracy. Sharia is often mobilised as a powerful moral symbol, but therein lies the paradox because when Islamic law is reduced to an electoral instrument and moralistic regulation, it risks losing its transformative ethical power as a substantive social justice project. The issue is not whether Islamic law exists in the public sphere, but rather who controls its interpretation, for what interests it serves, and to what extent it can transcend symbolic politics toward an inclusive maqāṣid al-sharīʿah.
Negotiating Women's Reproductive Rights Within the Framework of Islamic Law Ahmed Abdel Fattah; Rahmi Jumiyah; Zaki Saiful Alam; Asyifa Nur Mediana; Ihsan Jaya Rauf
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.v1i2.57

Abstract

Negotiations over women's reproductive rights become an epistemological and ethical arena that brings together bodily authority, taklīf constructions, and interpretative struggles between the protection of human dignity and reproduction as a locus of normative control within the family institution. The purpose of this study is to comprehensively analyse the negotiation of women's reproductive rights within the framework of Islamic law, using an integrative approach that connects normative, institutional, and social-experience dimensions. This study uses a qualitative approach with a socio-legal and critical hermeneutic design, as its focus lies not only on fiqh norms as texts but also on the dynamics of social practices and power relations that shape women's experiences as legal subjects. The results confirm that the negotiation of women's reproductive rights in Islamic law is, in fact, the most tangible test of fiqh's capacity to remain a liberating ethic of life, rather than merely a device for controlling women's bodies. When classical concepts such as qiwāmah, tamkīn, and ḥaqq al-istimtāʿcontinue to be upheld without a critical reading of maqasid, fiqh risks becoming frozen into a legitimisation of patriarchal domination. Conversely, when riḍā, lā ḍarar wa-lā ḍirār, and ḥifẓ al-nafs are placed at the centre of ijtihād, Islamic law can emerge as a moral system that protects women's dignity and safety without undermining the institution of the family.
Moral Militarisation in the Implementation of Islamic Law in Public Dress Code Raids Nabila Putri; Amira Martin; Omar Rahman; Nurul Aini; Annisa Rahmawati
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.v1i2.77

Abstract

The clothing raids in the implementation of Islamic law reveal a paradox where morality, which should liberate through ethical awareness, is instead militarised into a disciplinary mechanism that subjugates the body and produces compliance in public spaces. This study aims to comprehensively analyse the phenomenon of moral militarisation in the implementation of Islamic law through dress code raids in public spaces, highlighting the mechanisms of control, normative legitimacy, and its impact on social power relations. The study uses a qualitative approach with a critical-interpretative case study design, chosen because it allows for an in-depth exploration of the practice of moral militarisation as a layered, contextual social phenomenon laden with power relations. The results state that clothing raids are not merely a practice of al-amr bi-l-maʿrūf wa-l-nahy ʿan al-munkar (enjoining what is good and forbidding what is evil). Still, a form of moral militarisation intertwined with religious populism, image economics, and the compliance industry is often more effective at instilling fear than at promoting public welfare. The critical implication is that a state that makes clothing a moral enemy risks exchanging substantive justice for superficial rituals of control, normalising stigmatisation, and obscuring structural problems that are far more damaging to human dignity. Therefore, the agenda in the future is not merely to reorganise raid procedures, but to shift sharia from a policing project to a social ethics project oriented towards maqāṣid, respect for citizens' rights, and moral transformation born of awareness, not fear.
Legitimising Power through Islamic Law in Identity Politics Sheila Puspitasari; Bella Maharani; Isabella Moore; Fatimah Azzahra; Dewi Putriani Yogosara Lodewijk
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.v1i2.78

Abstract

The legitimisation of power through Islamic law in identity politics represents a fundamental paradox of Muslim political modernity, whereby divine norms intended to liberate humans ethically are instead rearticulated as a language of power that structures obedience, normalises the moral domination of the majority, and reduces citizenship to symbolic compliance. The purpose of this study is to comprehensively analyse the relationship between Islamic law, the legitimisation of power, and identity politics in the context of modern politics. This study uses a qualitative approach with a library research design integrated with legal-political discourse analysis. The results state that the legitimacy of power through Islamic law in identity politics is not merely an expression of collective piety, but a battleground that determines the direction of democracy, the limits of citizenship, and the future of pluralism. Sharia, which was originally understood as a religious normative guideline, can shift into a language of power that disciplines the body, regulates social space, and produces a moral hierarchy between more legitimate citizens and stigmatised citizens, so that piety changes from spiritual ethics into political capital that is traded in the market of support. The main problem is not sharia as a value, but rather the mechanism of instrumentalisation that turns religion into a tool of social control and covert moral majoritarianism. The constructive implication is that policy design must uphold religious aspirations without sacrificing civil rights, while also allowing for criticism so that the law does not become a tool of exclusion.

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