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IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Published by Institut Agama Islam Negeri Salatiga
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 22, No 2 (2022)" : 7 Documents clear
Muslim women adhering to Minangkabau’s bajapuik tradition in Cirebon, West Java: compromizing a gendered culture in Islamic law Wardah Nuroniyah; Bani Syarif Maula
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.135-154

Abstract

Bajapuik refers to a customary engagement (khiṭbah) of the Minangkabau Pariaman community, where the prospective bride’s family gives a certain amount of money (japuik) to the groom’s family prior to a marriage. Islamic law allows a person to give a certain amount of money or gifts in the process of engagement. However, when the engagement is revoked and the marriage fails, the status of the money given during the engagement has been much contested. This study aims to explore and understand the positive relationship between Islamic law in the bajapuik tradition and local traditions. This study focuses on the legal aspects of engagement in the bajapuik tradition viewed from Islamic law and gender analysis. A descriptive qualitative approach was adopted with the primary data obtained through interviews. Data analysis was carried out using a legal approach, a sociological approach, and a philosophical approach. This study concludes that the bajapuik tradition depicts women as having a higher position than men. For the Pariaman community in Cirebon, the annulment of an engagement (khiṭbah) is a disgrace to tradition. An engagement is considered as a legally binding contract. In other words, customary provisions have coercive power to bounded communities. If an engagement is revoked without a valid reason, the responsible person can be sued for breaking the contract with certain compensations. Morevover, when a dispute occurs over property or finances, Minangkabau customary law allows the aggrieved party to take action against the khiṭbah violators in the form of returning property or money.
Problems with the Islamic legal system regarding child marriages in Indonesia during the covid-19 pandemic period Anthin Lathifah; Briliyan Ernawati; Anwar Masduki
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.155-176

Abstract

The high number of child marriages during the Covid-19 pandemic period poses problems related to the Islamic legal system in Indonesia. This study aims to describe the problems of the Islamic legal system regarding the phenomenon of child marriages during the pandemic period in Indonesia. This paper is the result of a qualitative research with a socio-legal analysis approach, that is based on Friedman Hayden's legal system theory. The results of the study show that there are three substantial problems with the Islamic legal system, namely: (1) the problem associated with the legal substance where the Marriage Law stipulates the age of a bride to increase from 16 to 19-year-old as contained in article 7 paragraph (1) of the Marriage Law number 16 of 2019, while at the same time it enables child marriages to be carried out through a marital dispensation request, it acknowledges marital vows (ithbat), and there is an absence of legal sanctions for violating the Marriage Law; (2) the problem related to the legal structure of child marriages that is rooted in the formation, enforcement, and development of child marriage law; and (3) the problem of legal culture in relation to the legal behavior of child marriage, unregistered marriages (sirri) for minors, and the lack of social arrangements to promote the culture of marriage at a mature age. Therefore, this paper offers a reconstruction of the Islamic legal system in terms of legal substance, legal structure, and legal culture to minimize child marriage practices in Indonesia.
Harmony of religion and culture: fiqh munākahat perspective on the Gayo marriage custom Dri Santoso; Wahyu Abdul Jafar; Muhamad Nasrudin; Musda Asmara; Fauzan Fauzan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.199-218

Abstract

This study aimed to describe the established harmony between religion and culture within the traditional Gayo marriage custom. In addition, it determined whether the blending of religion and culture in traditional Gayo marriages adheres to fiqh munākahat. This study was descriptive and qualitative field research using the sociological juridical approach. Interviews and documentation were used as data collection methods. Meanwhile, to identify informants, researchers employed a purposive sampling technique. The important finding of this study was that in traditional Gayo marriages, religion and culture are harmonized appropriately and without coercion. The acculturation of fiqh munākahat evidences harmonization: ta'aruf (introduction), khitbah (proposal), marriage advice, discussions, i'lanu nikah (marriage announcement), and hospitality. The acculturation of the fiqh munākahat concept is found in the procession of the risik kono (introduction of the bride and groom's family), the munginte (proposal), the beguru (giving advice), the betelah (discussion), the segenap and begenap (discussion and family), the mah bai (accompanying the groom) and mah beru (accompanying the bride), mah kero opat ingi (carrying rice for four days) and tanag kul (a visit to the bride's house). Moreover, only two of the five Gayonese marriage customs adhere to the fiqh munākahat: ango/juelen (patrilineal) and kuso now (to and fro) marriages. In contrast, engagement marriages (matrilineal), Naik (eloping) and mah tabak (marriage submission) are not in line with fiqh munākahat.
Ḥaḍānah conflict resolution through litigation: analysis of sharia court decisions in Aceh Nispul Khoiri; Adelina Nasution
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.177-198

Abstract

This research aims to analyze the resolution of ḥaḍānah conflicts through litigation, specifically the decisions of the Sharia Court in Aceh regarding child custody (ḥaḍānah) to find legal certainty. This research uses a normative-empirical type of research by integrating normative law and empirical law. Normative legal analysis is carried out by examining library archives or secondary data. This research uses laws and judges' decisions in ḥaḍānah cases at the Aceh Syariah Courts. The instruments used in collecting data are observation, interviews, and documents or literature studies. To obtain research data on the number of ḥaḍānah cases that were filed separately at the Sharia Court, the article draws on existing decisions starting from 2016-2021. In this research, 5 (five) Sharia Courts were taken as research samples with 32 ḥaḍānah cases, particularly the Sharia Courts in Langsa, Kuala Simpang, Idi, Jantho, and Takengon. The research applies the theory of legal objectives according to Gustav Radbruch: legal certainty, justice, and expediency. The research shows that legal certainty through the decision of the Sharia Court has been realized. However, this has not provided justice for children because many defendants have not complied with court decisions, especially the surrender of child custody according to court decisions and payment of monthly child support according to what has been decided by the court. Hence, the benefits of the court decisions on the ḥaḍānah case are still not maximized. The solution is to formulate a law that is capable of providing a deterrent effect for defendants unwilling to fulfill court compliance.
Dynamics of family fiqh: the multiple roles of women in realizing family resilience Tri Wahyu Hidayati; Ulfah Susilawati; Endang Sriani
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.219-238

Abstract

This research seeks to reveal the multiple roles of working women in realizing family resilience. This research argues that family resilience will determine the resilience of a nation. The research was conducted through interviews and observations on 15 civil servants (PNS) at the State Islamic University (UIN) of Salatiga. They consisted of 6 lecturers, 6 educational staff, and 3 postgraduate students. The results of the study show that women had a central role in realizing family resilience. The multiple roles that women played as a wife, mother, community member, and worker indicate their strong personality. They were women who were able to pursue their family resilience in their own way, depending on the conditions and situations that they faced. They were not only concerned with domestic affairs, but also other affairs in society and at work. They were able to negotiate their multiple roles to maintain their existence without abandoning their role in the family as a wife and mother. Some of the important practices that these women implemented include building communication and openness, implementing the principle of mutuality in carrying out tasks at home, acting smart to seize opportunities and not being monotonous, setting priorities between several tasks or jobs, and increasing spirituality/religiosity and minimizing negative effects of using social media on children.
Harmonization of customary and Islamic law in the gama tradition of the muslim Mongondow community of North Sulawesi Rosdalina Bukido; Nurlaila Harun; Edi Gunawan; Rahman Mantu
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.239-254

Abstract

Gama in the Mongondow Muslim community is considered mandatory to determine a marriage’s validity. Therefore, this study aims to examine in depth the relevance of customary and Islamic law to the tradition of gama in the Muslim community of Mongondow, North Sulawesi. The study was conducted in the Bolaang Mongondow area of North Sulawesi using a juridical-sociological approach. Data were collected using observation, interviews with traditional and religious leaders, as well as document study. The steps in data processing include data collection, presentation, reduction, and verification. Furthermore, analysis was carried out using the concept of urf and receptie a contrario. The results showed that even though the gama tradition predates the arrival of Islam in Bolaang Mongondow area, its implementation has Islamic values, otherwise known as urf shahih. The community upholds the noble values of traditions passed down by their ancestors. Islam teaches that the gama tradition has a symbol of respect for women. This indicates that customary and Islamic law play a joint role in shaping the life of the Bolaang Mongondow people. Conclusively, respect for the existence of women is a noble value in the Customary law of the Mongondow people.
The early marriage of the Tolaki Konawe community in the perspective of critical Islamic law Kamaruddin Kamaruddin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.255-270

Abstract

The Konawe people have a unique tradition of early marriage. Research from a critical Islamic perspective has yet to be widely studied in this tradition. This study investigated the initial legitimacy process as an ethnic tradition in early marriage. A legal ethnographic case study design was used in this study. Thirteen individuals participated in the study, including four community leaders, three indigenous peoples, two academics, and four parents of early marriage doers. In-depth interviews and observation were used to collect the data. Reduction, presentation, and interpretation are all used in data analysis methods. The study revealed three key findings: First, the chieftain decides on early marriage in the Tolakiness community. Second, decisions and agreements must be followed and upheld by everyone in the community. Thirdly, different legal systems—such as Islamic, Indonesian, or Western civil law—impact these judgments and agreements, which alters the relationship between law and freedom. This article argued that the Tolakian community needs to undergo cultural reconstruction to accommodate women's rights and freedoms and avoid coercive judgments from tribal chiefs. 

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