Articles
234 Documents
<![CDATA[The urgency to reform the kafāla system in the sake of human rights of Indonesia domestic workers ]]>
<![CDATA[Anggita Doramia Lumbanraja]]>;
<![CDATA[Yusriyadi Yusriyadi]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 2 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i2.213-230
<![CDATA[The Maṣlaḥa of Indonesian Foreign Domestic Workers in Saudi Arabia still become the biggest concern. Even though Saudi Arabia has reformed the Labor Law on the kafāla system, unfortunately, it is excluded from Foreign Domestic Workers. Therefore, it urges legal research to examine the kafāla system in Saudi Arabia from an Islamic and human rights perspective. Then, to provide the strategic plans for the Indonesian government to do. This research uses doctrinal research methods through the literature study and analyzed with the qualitative descriptive method. From the Islamic law perspective, although the kafāla system in Saudi Arabia is derived from the Qur'an and the Sunnah. Kafāla system in Saudi Arabia is regulated on Resolution no. 310. However, in practice, Kafil abuses their strong position (83. QS. Al-Mutaffifin) in treating workers arbitrarily. In other words, there is a deviation from the philosophical values of maqāṣid ash-syarīʿah. From the international law perspective, this practice is against the mandate of the UDHR and ICCPR. Therefore, it is highly recommended that Indonesia push Saudi Arabia to replace individual sponsorship as Kafil for Indonesian Domestic Workers. It is better to establish a special guarantee institution for Domestic Workers from Indonesia in Saudi Arabia integrated with the SPSK System.]]>
<![CDATA[Muhammadiyah constitution jihad movement: a case study of the Omnibus Law on job creation ]]>
<![CDATA[Muhammad Nurul Huda]]>;
<![CDATA[Hammam Hammam]]>;
<![CDATA[Suranto Suranto]]>;
<![CDATA[Herdin Arie Saputra]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 2 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i2.177-196
<![CDATA[The Omnibus Law on job creation is a government initiative proposal and it has drawn public reactions to polemics of debate. Muhammadiyah as a religious organisation also expressed their objections to the Omnibus Law on job creation. This article is qualitative research that applies NVivio 12 plus to manage the data through crosstab analysis and cluster analysis. This study shows that there are aspects of conflictual relations that give rise to a movement. Muhammadiyah forms a formal or non-formal organization that involves the Law and Human Rights Council (HAM) as well as s a forum of the dean of the law faculty and the head of the law school of Muhammadiyah and Aisyiyah universities. In the concept, of Muhammadiyah emphasizes to synchronise between institutions by prioritizing transparency, making laws severe in their implementation. Muhammdiyah offers three concept points, namely revoking a government regulation in lieu of law (PERPU), delaying its implementation, and revising through public participation.]]>
<![CDATA[Habib Ahmed's maqāṣid sharī`ah concept on cooperative regulations in Indonesia ]]>
<![CDATA[Zulfikar Zulfikar]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 2 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i2.247-272
<![CDATA[This article discussed Habib Ahmed's maqāṣid sharī`ah concept on Islamic Financial Institutions (IFIs) contracts, regarding the dualism of cooperative regulations in Indonesia between sharia and non-sharia-based cooperatives. In initiating the NIE (New Institutional Economics) approach for IFIs, Habib Ahmed emphasized the vital role of embeddedness as a culture rooted in the knowledge system. This embeddedness is the starting point of IFIs adaptation. These informal institutions then influence the formation of formal institutions and are followed by institutional forms of organization. Finally, the transaction products are in line with the organizational form. In other words, according to Habib Ahmed, if the adaptation and transaction of the IFIs start from this stage, then the product will be entirely in line with the proper Islamic ontology and epistemology. This qualitative library research focused on the reality of cooperatives in Indonesia, assessed from Habib Ahmed's perspective. This study concluded that Indonesia's economy still does not represent the goal of its constitutional economy with a feeling of kinship and mutualistic organization, such as cooperatives. In addition, its significant economic growth, which places it in the top twenty countries (G-20) in Gross Domestic Product (GDP), is not inclusive.]]>
<![CDATA[Legal politics as a catalyst in forming sharia economic legal system in the Indonesia’s new order and reform era ]]>
<![CDATA[andi fariana]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 2 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i2.197-212
<![CDATA[The formation of the National Legal System is governed by legal raw materials prevailing in society (living law), including the Customary, Islamic, and Western Laws. As part of the living law, Islamic Law affects the National Legal System, especially in sharia economic law, in line with sharia economic growth in various sectors. In forming a sharia economic legal system, legal politics is significant as a catalyst that reflects the ongoing leadership pattern. This normative legal research aimed at explaining the important role of legal politics as a catalyst in forming the Sharia Economic Legal System in Indonesia, by using statute and historical approaches. The study found that various legal products at the end of the new order and the reform era indicated the existence of democratic legal politics and supported the formation of the sharia economic legal system. However, contradictions and obstacles existed, and more sharia economic law products were still needed. Therefore, a positive legal political atmosphere must be maintained by the participation of the community and religious leaders, as legal politics is strongly influenced by powers or concerns, and there will be always rejection and acceptance in the development of the sharia economic legal system due to various interests.]]>
<![CDATA[Children's right to get exclusive breastfeeding in the Islamic law perspective ]]>
<![CDATA[Ani Mardiantari]]>;
<![CDATA[Ita Dwilestari]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 2 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i2.231-246
<![CDATA[According to Islam, exclusive breastfeeding means fulfilling the children's right to a healthy life, and it is a mothers' obligation. The government issued regulations that guarantee the children's right to exclusive breastfeeding, namely Article 52 paragraph (2) of Law Number 39/1999 concerning Human Rights, Law Number 23/2002 concerning Child Protection, and Government Regulation Number 33/2012 concerning Exclusive Breastfeeding. However, the coverage of exclusive breastfeeding in Indonesia is still relatively low, influenced by various factors. This qualitative study explored the various factors in exclusive breastfeeding and analyzed them from an Islamic Law perspective. Meanwhile, the informants were mothers with 0-6 months-old babies having exclusive breastfeeding rights. Data were collected through interviews and triangulation, including Integrated healthcare center (Posyandu) cadres and families. The results found in this study were that children's rights in obtaining exclusive breastfeeding from their mothers were not fulfilled. Various reasons were expressed to support their way by not fulfilling the rights, including the mothers' busyness causing them unable to breastfeed their children exclusively. It happens because the mothers lack knowledge about children's rights to get exclusive breastfeeding in Islamic law for two years.]]>
<![CDATA[The use of ex officio to fulfill women's post-divorce rights at the Samarinda Religious Court ]]>
<![CDATA[Lilik Andar Yuni]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 2 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i2.135-154
<![CDATA[Problems in fulfilling women's rights after divorce in Religious Courts still exist due to the weakness of supporting elements for the court decisions and their procedures, and obstacles from the ex-couples. Therefore, religious judges are expected to have sensitivity and support for women in making decisions with the value of justice, legal certainty, and benefit. This normative juridical study used statutory and conceptual approaches to explain the use of ex officio in fulfilling iddah and mut'ah living in the Samarinda Religious Court and its suitability to legal purposes. A literary study was done in collecting data by compiling secondary data related to the theme. Then, the data were analyzed using the qualitative descriptive method. Ex officio discourses and legal objectives theory were used to analyze the raised issues. Fulfilling iddah and mut'ah living through ex officio at the Samarinda Religious Court in talaq divorces refers to Supreme Court Regulation (PERMA) No. 3 of 2017, and Circular Letter of Supreme Court (SEMA) No. 1 of 2017. Meanwhile, the application of ex officio in lawsuit divorces refers to PERMA No. 3 of 2017 and SEMA No. 2 of 2019. The fulfillment of women's rights after divorce at the Religious Courts through ex officio aligns with legal objectives: legal certainty, justice, and benefit.]]>
<![CDATA[The constitutional rights of indigenous beliefs adherents in minority fiqh perspective ]]>
<![CDATA[Gugun El Guyanie]]>;
<![CDATA[Aji Baskoro]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 2 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i2.155-176
<![CDATA[Indigenous Beliefs Adherents (Penghayat Kepercayaan) who were victims of injustice filed a judicial review and finally brought out to Constitutional Court Decision Number 97/PUU-XIV/2016. This decision became the legal basis for Indigenous Beliefs Adherents to obtain their constitutional rights: recognition, respect, and protection by embedding the beliefs they believe in on the electronic ID card (e-KTP). This study aims to analyze based on the epistemology of minority fiqh on the constitutional rights of Indigenous Beliefs Adherents. In contrast to many studies that place minority fiqh in defense of Muslim minorities in the West, this study develops minority fiqh for non-Muslim minorities in Muslim-majority countries. This article uses normative legal research, with qualitative descriptive analysis with a case approach that analyzes Constitutional Court Decision Number 97/PUU-XIV/2016. The study results show that the Constitutional Court Decision viewed from the perspective of minority fiqh is very relevant. Because the purpose of Islamic law is none other than to protect minorities, including freedom of religion. Minority fiqh is also in line with the concept of constitutional rights. The Constitutional Court Decision restores Indigenous Beliefs' constitutional rights to the same level as other religious groups. ]]>
<![CDATA[The accuracy of online-based prayer times applications ]]>
<![CDATA[encep abdul rojak]]>;
<![CDATA[Ilham Mujahid]]>;
<![CDATA[Muhammad Yunus]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 1 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i1.21-38
<![CDATA[There are various types of prayer times that Muslims refer to on a daily basis. Specifically, there are offline and online prayer times as well as traditional and modern prayer times. Online prayer times that can be accessed from a mobile phone in forms such as android-based applications, online websites, and Google applications. The purpose of this study is to investigate the accuracy of online-based prayer times applications and seek for the possible consistency across these applications. This study employs a qualitative approach and a descriptive data analysis. The data collection is conducted through observations, literature study, and in-depth interviews. This study indicates different degree of deviations among online-based prayer times applications, in which Google applications show the most deviation among the others. This study suggests that Muslims refer to online applications recommended by the Ministry of Religious Affairs of Indonesia.]]>
<![CDATA[Women and advocacy: study of the Ahmadiyya community in Tasikmalaya ]]>
<![CDATA[Inasshabihah Inasshabihah]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v20i2.191-210
<![CDATA[Advocacy against Ahmadiyya Indonesian Congregation (JAI) has been carried out in Tasikmalaya, West Java, both internally and externally to resolve various forms of intolerance, including mosques sealing and marriage registration. This research highlights the contribution of Ahmadi women with their experiences and efforts in the advocacy process through the concept of Agency and advocacy based on two approaches: Rights and Social Inclusion. This research shows that, 1) the experience of being a victim of intolerance is able to transform women from objects into subjects of advocacy and play a role in advocating themselves and their groups, and 2) internal advocacy is important to provide legal understanding to survivors to increase the awareness of Rights within groups. Therefore, women can contribute positively to the ongoing advocacy works.]]>
<![CDATA[Legal reasonings of religious court judges in deciding the origin of children: a study on the protection of biological children’s civil rights ]]>
<![CDATA[Rohmawati Rohmawati]]>;
<![CDATA[Ahmad Rofiq]]>
<![CDATA[ Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 1 (2021) ]]>
Publisher : <![CDATA[State Institute of Islamic Studies (IAIN) Salatiga ]]>
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DOI: 10.18326/ijtihad.v21i1.1-20
<![CDATA[This study explores the extent to which religious court judges decided the origin of biological children following the implementation of the Indonesian Constitutional Court Decree number 46/PUU-VIII/2010. A substantial ambiguity was apparent in the Indonesian family law concerning civil relationships between children born out of wedlock and their biological fathers. Consequently, judges had different legal interpretations over status of children, which created disparities of the children’s civil right protection. This study focuses on investigating the judges’ legal reasonings when deciding origin of biological children born out of wedlock. This is a case study with a legal philosophical approach. Data collection includes document collection, whereas data analysis involves deductive and inductive approaches. This study found three typologies of judges’ legal reasonings in relation to how they decided the origin of the biological children. Pragmatic judges would not provide legal protection to the biological children as they failed to accept lineage of these children towards their parents, creating uncertainty over the children’s legal status. Conservative judges with a positivistic mindset would acknowledge legal relationship between the biological children and their mothers, generating the children’s civil rights in relation to their mothers. Progressive judges would provide legal protection to the biological children. Progressive judges accepted the lineage of these children towards their parents but acknowledged their civil rights in relation to their fathers in limited ways such as living allowance and testament. Disparities of judges’ decisions regarding the origin of the biological children substantially created a legal uncertainty to these children.]]>
