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INDONESIA
DE JURE
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
de Jure adalah jurnal yang mengkaji permasalahan syariah dan hukum baik hasil penelitian atau artikel telaah. Terbit dua kali dalam setahun pada bulan Mei dan November. de Jure diterbitkan oleh unit Penelitian, Penerbitan dan Pengabdian Masyarakat (P3M) Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang. Penyunting menerima naskah yang belum pernah diterbitkan dalam media lain.
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Articles 318 Documents
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The Relevance of Fiqh Siyasah Dauliyah and Religion as Indonesian Soft Power in International Relations Damayanti, Rizki
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23371

Abstract

This study aims to discuss Indonesia's efforts to use moderate Islam as its new identity in global politics, especially after the events of 9/11. One of the Indonesian efforts is pursued through inter-faith and inter-civilizational dialogue. This research is library research with qualitative methods. The approaches used are historical, political, and Islamic perspectives in contemporary international relations studies, namely Fiqh Siyasah Dauliyah. The study results show that there are two main relevancies between the inter-faith and inter-civilizational dialogue with the principles concept of international relations based on fiqh siyasah dauliyah. First, diversity in Islam is stated as part of God's plan for the benefit of mankind. In this context, the various inter-faith and inter-civilizational dialogues organized by Indonesia are necessary conditions for promoting peace, tolerance, harmony, and religious coexistence in the world today. Second, the concept of dialogue between civilizations and between religions is based on the study of textual analysis and historical interpretation of the Al-Quran and As-Sunnah. In this case, the Al-Quran shows various examples of dialogue, one of which is contained in the Al-Quran Surah An-Nahl verse 125 which asks Muslims to show the best courtesy and wisdom when arguing with people of other religions. Keywords: inter-faith dialogue; fiqh siyasah dauliyah; moderate Islam.
Reform of The Inheritance System: Between Islamic Law and Tradition of Sasak Tribe Fikri, Muhammad
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26354

Abstract

This paper discusses the reform of the inheritance system between Islamic law and tradition of the Sasak tribe by investigating how religious leaders in Lombok view the inheritance distribution system and how to reform the inheritance system between Islamic law and tradition in the Sasak Lombok Community. This research uses qualitative methods with a case study approach, and data taken from the field was analysed using Jasser Auda's system theory regarding maqasid sharia. The result of reforming the Islamic law system and tradition in the Sasak tribe is to eliminate injustice within the Lombok NTB community by emphasising the value of inheritance property rather than its quantity. This approach ensures that inheritance distribution considers the value of assets, such as land, rather than merely dividing by area. For instance, the value of one hectare of strategically located land differs significantly from that of less strategically located land. Thus, instead of dividing the land by hectares, it is divided based on value, ensuring a fair distribution among the eldest brother, other brothers, and sisters. This method seeks to achieve justice for all parties involved.
Fulfillment of Women's Rights After Divorce: Dynamics and Transformation in the Legal Journey Fadil, Fadil; Mazidah, Zidna; Mahmudi, Zaenul
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.25713

Abstract

The Supreme Court has ruled that in contested divorce cases, women are entitled to receive nafkah iddah, mut'ah, and nafkah madhiyah, provided they do not act nusyuz. However, this provision is not being effectively implemented. This study examines the fulfilment of women's rights post-contested divorce in the Malang Regency Religious Court. The goal is to identify shortcomings in implementing these regulations and propose solutions for more effective enforcement. The research employs an empirical-juridical method, using secondary data from interviews and documentation with key personnel at the Malang District Religious Court. The qualitative analysis refers to Soekanto's theory. The Findings indicate that the fulfilment of women's rights in contested divorces at the Malang Regency Religious Court is ineffective. The law is clear and understandable, and officers, judges, and staff are accountable. Furthermore, the Malang District Religious Court provides sufficient infrastructure and support. However, the unmet factors—community awareness and cultural attitudes—pose significant barriers. Low legal awareness and compliance, coupled with cultural tendencies in Malang District to avoid legal processes and seek quick resolutions, hinder effective implementation. Addressing these issues is crucial for the regulations to achieve their intended impact on women's rights post-divorce.
The Spiritualization of Domestic Violence in the Digital Era: Examining the Cathartic Role of Religious Institutions in Empowering Victims Faizah, Nur
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23297

Abstract

This study delves into the intricate intersection of domestic violence, spirituality, and the digital age, aiming to understand the evolving dynamics and the role religious institutions play in providing catharsis for victims. As technology increasingly permeates our daily lives, the digital era has brought about new dimensions to the manifestation and perception of domestic violence. This research seeks to shed light on the phenomenon of spiritualization, where religious narratives and beliefs are interwoven with domestic violence experiences, either exacerbating or alleviating the trauma. Through a comprehensive review of scholarly literature, and digital ethnography, this study explores how religious institutions engage with domestic violence victims in the digital realm. It examines the ways in which religious teachings, counselling, and support mechanisms are leveraged to address the unique challenges posed by the intersection of spirituality, technology, and intimate partner violence. The research also investigates the potential pitfalls of spiritualization, considering instances where religious doctrines may inadvertently contribute to the perpetuation of abuse or hinder victims from seeking help. By analyzing online forums, social media platforms, and religious websites, the study aims to elucidate the ways in which digital spaces either facilitate or impede the spiritualization process for domestic violence victims. Furthermore, the role of religious leaders and communities in raising awareness, providing resources, and fostering a supportive environment for victims is explored. The study aims to identify best practices employed by religious institutions in addressing domestic violence in the digital age, offering insights for policymakers, advocates, and religious leaders to collaboratively develop more effective strategies for supporting victims and preventing further harm. Ultimately, this research contributes to the ongoing discourse on domestic violence, spirituality, and technology, offering a nuanced understanding of the complexities involved. The findings hold implications for both academic scholarship and practical interventions, emphasizing the need for a multidimensional approach to empower victims and create a more compassionate and informed societal response to domestic violence in the digital era. keywords: domestic violence; digital era; Islamic law.
Urgency of Fatwa on Domestic Psychological Violence in Indonesia as an Effort to Protect Women's Rights Nasyiah, Iffaty
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26403

Abstract

One that requires a fatwa is domestic psychical violence, which has different interpretations in the two legal systems. The purpose of this study is to analyze the urgency of forming a fatwa regarding psychical violence so that it has clarity on norms that must be guided for Indonesian Muslims This research is juridical-normative research with a conceptual and comparative approach. The results show that the urgency of forming fatwa regarding domestic psychical violence is related to 1. harmonisation between positive law and Islamic law regarding the concept of psychical violence; 2. fatwas have social power and can provide legitimacy and serve as the juridical basis for law enforcement; and 3. In terms of the fatwa of psychical violence as a source of material law, fatwa can be used as a source of material law in constructing a law. Fatwas can provide a solid basis for policymakers and legislators in drafting more formal regulations. This research can be used as discourse material regarding the importance of fatwa on psychical violence in the household. Research can be done by sharpening the differences in interpretation between Islamic law, positive law and customary law.
Islamic Law and Gender: a Misconception of Roles and Responsibilities in Parenting Pitrotussaadah, Pitrotussaadah; Fadhilah, Eva; Zulfikar, Faisal
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23868

Abstract

Parenting roles and responsibilities are often influenced by gender stereotypes that exist in society. There are different expectations and demands on the roles of men and women in parenting. For instance, women (mothers) are often considered primarily responsible for caring for and educating children, while men (fathers) are considered more as breadwinners and leaders of the family. Additionally, it is frequently questioned when a father bears a child while away from the child's mother. This study seeks to evaluate and examine the notion of roles and responsibilities in parenting from the perspective of gender equality and Islamic law, employing a library research method (descriptive analysis research) that involves objectively assessing and describing occurrences. According to the findings of the study, parenting plays a significant role in the personality development and formation of children. According to a gender perspective, both mothers and fathers have the same role in raising children. According to the perspective of Islamic law, parenting is based on religious teachings which provide guidelines on how to educate children in an Islamic way. Parents are expected to carry out parenting responsibilities by taking into account Islamic values, including respecting children's rights under religious teachings. Keywords: parenting; Islamic law; gender.
Philosophical Foundations and Human Rights in the Bajapuik Tradition: Bridging Local Wisdom and Islamic Law in Minangkabau Marriage Practices Jafar, Wahyu Abdul; Asmara, Musda; Faizin, Mu'adil; Octavianne, Helena; Kisworo, Budi
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.27681

Abstract

This study explores the philosophical values and human rights implications within the Bajapuik tradition, a distinct matrimonial practice of the Padang Pariaman tribe in Sumatra. Explores the philosophical values of the unique amalgamation of local wisdom and Islamic law as an example of integrating cultural heritage with religious principles in marriage. As qualitative descriptive field research, data were gathered from interviews and documentation from a diverse group of informants, including religious leaders, traditional leaders, community leaders, and the people of Padang Pariaman. By utilising a sociological approach, the study examines the social realities of the Bajapuik tradition, mainly focusing on its dowry practice, particularly the maslahah (general welfare) concept. Contrary to typical dowry practices, in the Bajapuik tradition, the bride’s family provides the dowry to the groom, symbolising respect and equality rather than economic burdens. This study highlights that the Bajapuik tradition is not merely a transactional stage in the marriage process but a more profound expression of community bonds and shared values. The findings emphasise the strong philosophical values of mutual respect and companionship inherent in the Bajapuik tradition, demonstrating its alignment with Islamic law and human rights values. This research reveals how the Minangkabau’s adherence to religious and local wisdom significantly reinforces human rights within traditional practices. Furthermore, the study examines the extent to which the Bajapuik tradition achieves the objectives of maslahah in marriage. The results show that the Bajapuik tradition supports general welfare (maslahah) by strengthening social bonds, upholding the dignity of women, and ensuring justice and equality in marital relationships, offering a new perspective rarely explored in previous studies.
Islamic Law View on Protecting the Rights of Housewives at Risk of Contracting HIV/AIDS Thahir, Putri Shafarina; Al-Fatih, Sholahuddin
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26499

Abstract

This article examines the perspective of Islamic law regarding the protection of the rights of housewives at risk of contracting HIV/AIDS from their husbands. Although HIV/AIDS is not a new issue, its impact on families, especially housewives, remains an essential concern in legal and public health contexts. Within the framework of Islamic law, individual rights, including women's rights, are guaranteed and need protection. This research uses normative legal and sociological research methods with a case approach. The results show that Islamic law has a vital role in protecting the rights of housewives who are at risk of contracting HIV/AIDS from their husbands. These rights include the right to know the husband's health status, the right to obtain protection, the right to refuse sexual relations, and the right to get a divorce. Islamic law places great responsibility on husbands to protect the health of their wives and families. Husbands are expected to maintain the welfare of their wives and families, including by taking preventive steps against the transmission of HIV/AIDS. Apart from that, Islamic law also emphasises the importance of fidelity in the husband-wife relationship. Husbands are expected to be faithful to their wives, which is also a preventive measure against the transmission of HIV/AIDS. If a husband fails to fulfil his responsibility to protect his wife from contracting HIV/AIDS, Islamic law gives the wife the right to seek protection, including through legal remedies such as requesting a fatwa from ulama or even filing a divorce petition. This research is expected to help increase public understanding of the rights of housewives at risk of contracting HIV/AIDS, as well as encourage efforts to protect their rights.
Joint Property Division in Indonesia: A Gender Equality Viewpoint Rouf, Abd; Ch, Mufidah; Mahmudi, Zaenul
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 2 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i2.23050

Abstract

The distribution of joint property regulated under the Compilation of Islamic Law is considered very effective due to the legal certainty guaranteeing that ex-husbands and wives receive a half share. However, these provisions cannot be fully applied to estranged husbands and wives because family background conditions vary. There are certain conditions where husbands and wives have multiple roles, and this occurrence needs to be more profoundly studied. Therefore, this study is presented to analyze the distribution of joint assets according to the roles assigned in the household. This research employed a normative-legal method and statutory and conceptual approaches. The primary data in this study is the Compilation of Islamic Law (KHI). The researcher analyzed activity profiles, access and control between husband and wife as specified in KHI norms by using a gender equity analysis tool. The results show that the fair value of the distribution of joint assets which refers to the division of roles between husband and wife contained in the KHI has set different roles between the two, in which the husband works outside the house while the wife serves as a housewife. Meanwhile, currently, all roles performed by husbands can also be performed by wives and the other way around, while unchangeable roles remain in the biological or reproductive role. So the division of roles cannot be interpreted literally because the husband or wife has flexible and fair access and control. Keywords: joint property; gender equality; spouses rights.
Islamic Legal Perspectives on Refugee Protection and Welfare: A Case Study of Malaysia Abas, All-Mu'izz; Samuri, Mohd Al Adib
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26507

Abstract

This article examines the refugee crisis in Malaysia from the perspective of Islamic law, addressing the challenges arising from the absence of a formal legal framework for refugee protection. Through a legal normative approach and in-depth interviews with Islamic authorities and NGOs, this study investigates Islamic principles related to refugee welfare. The findings of this study reveal that Malaysia has an ethical and legal responsibility under Islamic law (domestic and legal normative) to protect and support refugees despite not signing the 1951 Refugee Convention. This study emphasises the potential role of Islamic authorities as part of the government body in administering, coordinating, and implementing Islamic welfare efforts to meet the needs of refugees. By aligning refugee support with Islamic values, Malaysia can improve its ability to provide comprehensive care and protection to refugees, fulfilling religious and humanitarian duties. This integrated approach could serve as a model for other Muslim-majority countries, promoting a more inclusive and compassionate response to the global refugee crisis.

Page 27 of 32 | Total Record : 318

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