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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 234 Documents
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Fulfillment of civil rights of extramarital children and its effect on social dimensions Alfian Qodri Azizi; Ali Imron; Bagas Heradhyaksa
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.235-252

Abstract

This article examines the fulfillment of the civil rights of extramarital children which has become a controversy since the issuance of the Constitutional Court decision no. 46/PUU-VIII/2010, which is considered as a progressive and responsive measure to guarantee children's rights. However, the content of this decision is considered to violate Islamic norms in giving family lineage to extramarital children for it will create a stigma that one does not need a sacred marriage institution if he only wants to establish a civil or lineage relationship with his biological father; instead, it only requires evidence based on science and technology or others in court. This article answers the questions of how to interpret the concept of the civil rights of extramarital children to avoid conflicts with Islamic norms and what are the philosophical and sociological benefits of fulfilling civil rights for extramarital children. This study is qualitative in nature. It is focused more on conceptual ideas based on library research using conceptual and case approaches. It was found that (1) the civil rights of extramarital children are not a lineage right but compensation from their biological father as a form of moral responsibility; (2) philosophically, the civil rights of extramarital children are to fulfill the value of social justice which is distributive and, sociologically, these rights create a prosperous social condition for society by fulfilling the civil rights of the next generation of the nation covering their physical, mental, spiritual, and intellectual needs.
Circular letter of Aceh’s Governor (ad interim) number 450/21770/2019: amid fanaticism and its controversy (content analysis) Zulkarnain Zulkarnain
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.175-189

Abstract

The purpose of this research is to discuss the Circular Letter of Aceh’s Governor (ad interim) number: 450/21770/2019 concerning “the prohibition of holding recitation other than the i’tiqad Ahlu Sunnah wal Jama’ah which caused controvercy and turmoil of religious life in Aceh because it only allows one understanding of fiqih and prohibits others. This is a normative / doctrinal research using a content analysis approach. The results show that the Aceh Government regulations contained in Circular Letter Number: 450/21770/2019 have brought negative precedents for religious harmony in Aceh, especially the freedom to understand and carry out the understanding of Islam in various madhhab.
Implementation of marriage itsbat in Aceh Aulia Mubarak; M. Adli; Iman Jauhari
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 1 (2021)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v21i1.119-134

Abstract

This paper describes the process of marriage itsbat in Aceh and its approval factors despite its non-compliance with the applicable provisions. From the study results, it is known that the judge determining marriage itsbat prioritized benefit (maslahah) for the litigants. Its approval is considered to have more positive impacts, both for the litigants and their children. When it is granted, their marriage has had legal force and is recognized by the state, with the result that the litigants and their children have the same rights as those who register their marriage. This study used empirical legal research method obtained by conducting interviews. For further suggestion, it is expected that the government give legal socialization to increase public awareness of the importance of marriage registration
Gender Fiqh: Mobilization of Gender-Responsive Movement on Social Media Siti Nurjanah; Iffatin Nur
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.1-18

Abstract

This study aimed to reformulate the ijtihad of gender-responsive fiqh. Such ijtihad model is needed in order to respond to the developments and dynamics of life in the current contemporary era. Moreover, current social reality and condition are often associated with empowerment of and justice for women. Movements and responses toward women’s issues recently has been occurring quite monumentally on social media. Such movements represent a response toward media development, especially on social media platforms. This literature-based study collected data from literature studies and descriptive critical analysis. Through the critical analysis, this study found an interpretation of gender fiqh ijtihad model initiated through social media platforms.
The contestation of Islamic legal thought: Dayah’s jurists and PTKIN’s jurists in responding to global issues Danial Danial; Munadi Usman; Nur Sari Dewi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.19-36

Abstract

This study aims to understand the contestation of Islamic legal thought between the scientific tradition of Dayah (Islamic boarding school) and the State Islamic Higher Education Institutions (PTKIN) in responding to global issues. The main data sources in this research are words and actions, the rest are additional data such as documents. Methods of data collection included interviews, observation, and documentation. All data obtained were analyzed by data reduction, analysis, and interpretation. Based on the objectives and research methods above, it was found that there were three factors causing the emergence of contestation between the two Islamic educational institutions, namely, (1) the different methodologies and approaches to Islamic law used; (2) the difference in the spirit of fiction between Dayah and PTKIN. Dayah has the spirit of preserving fiqh, while PTKIN’s spirit is fiqh renewal; (3) Political background. The contestation between Dayah and PTKIN occurred in two areas, namely the area of worship and non-worship. Based on the references, methods of reasoning, approach, and spirit possessed by these two Islamic educational institutions, it can be understood that the two models of Islamic legal thought have the potential to be integrated. Such integration may include; integration of foundations, sources, methods, approaches, and reasoning models.
Wilayatul Hisbah’s (WH) strategy to enforce the law against Khalwat case in Ujung Karang West Aceh Regency Arfriani Maifizar
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.37-52

Abstract

This study seeks to understand Wilayatul Hisbah’s strategy in minimizing violations of Islamic sharia in relation to the khalwat case in the community, especially in Ujung Karang, West Aceh Regency. Ujung Karang is a coastal area visited by many local tourists and is also open to national and international tourism. Yet, there have been some teenagers, youths and young women who have traveled to these tourism regions and violated Islamic law by conducting khalwat such as at dimly lit cafes. The purpose of this study is to explore strategies, roles, functions, and obstacles faced by Wilayatul Hisbah when carrying out their duties in Ujung Karang. The research method used is a qualitative method with a constructivist paradigm. Data collection technique involves mainly in-depth interviews with key informants from Wilayatul Hisbah’s personnel, community leaders, and religious leaders. In addition, it also obtains secondary data regarding the violations of the Islamic law, namely khalwat. The results of this study illustrate that Wilayatul Hisbah's strategy in preventing khalwat in Ujung Karang includes socialization of qanun (principles) through spreading brochures and banners, conducting routine patrols and curfew, as well as coaching and building cooperation with the local community.
Position of fatwa in Islamic law: the effectiveness of MUI, NU, and Muhammadiyah fatwas Ansori Ansori
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.53-72

Abstract

Quantitatively, there is a gap between the number of limited religious texts and the enormous reality of dynamic context. Indeed, in the main principle of Islamic law, every activity carried out by a Muslim must comply with sharia rules. The syara’ regulations are religious texts concerning words, actions, or other activities carried out by someone capable of law (mukallaf). To overcome the possible gap between the text and the context, the scholars (ulama) formulate various methods with the result that Islamic law can be a medium of connecting and an effective means of compromising religious texts with one’s activities. With the production of these various methods, the production of texts that have ended since the death of the Prophet Muhammad ± 1500 years ago will still have control and be able to guide humankind. This article discussed how fatwa, as scholars’ thoughts, has a dialectic with society’s reality. In addition, it also explored fatwas’ practical level. In fact, fatwa is one of the efforts to find syar’i answers to various problems arising in human life, especially in modern times
Halal tourism regulations in Indonesia: trends and dynamics in the digital era Lukman Santoso; Agus Triyanta; Jawahir Thontowi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.73-94

Abstract

The halal tourism industry is an emerging sector that has recently become a global trend in economic development in many countries. However, in various regions in Indonesia, halal tourism triggers anomalies and raises pros and cons. This article aims to explore the construction of halal tourism development in five regions in Indonesia. It seeks to formulate a sustainable halal tourism regulatory model that is based on plurality and local wisdoms of the local community. This study uses a legal research method, with a critical-constructive approach. The findings from this study conclude that the development of halal tourism regulations in various regions shows a positive and dynamic direction in line with the configuration of regional tourism policies, which needs to be continuously encouraged and accelerated. As such, amid these positive trends and dynamics, regional halal tourism development needs to adopt a sustainable halal tourism regulatory model that is based on community plurality and is responsive to local wisdoms. This article supports the realization of a sustainable halal tourism policy following the Covid-19 pandemic in the midst of a plurality of regional communities.
Istiqra al-al-ma’nāwī; multicultural judicial reasoning Isman Isman; Yahya Yahya
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.95-116

Abstract

This article offers the istiqra’ al-ma’nāwī as multicultural-based judicial reasoning to answer the gap between the monocultural pattern of norms required by the codification of law and the multicultural based social-structure of Indonesian society. By using a legal philosophy approach, this study concludes that istiqra’ al-ma’nāwī is oriented to balance the interests (al-wasīlah) and the needs (al-ghāyah) as the basic framework for distinguishing relative and absolute values of law. The judicial reasoning style offered by istiqra’ al-ma’nāwī can be operationalized through moderating ethical contestation and formulating justice and legal certainty based on multiculturality. The operationalization is carried out through three stages: The first is konstatiring stage, where the judges use social reintegration as an optic to see if there is disrupted social risk, like identity superiority motives. The second is separating the original from the derivative goals. The original legal goal is to protect the rights of marginalized communities and equality, while the derivative legal goal is access to welfare and the rights of impunity. The third is konstituir stage, by considering the significance of social control outside the legal aspect.
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.

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