Muhammadiyah making Indonesia's Islamic moderation based on maqāṣid sharī`ah

Muhammadiyah, as an Islamic organization together with Nahdatul Ulama, are two Islamic organizations that oversee Islamic moderation in Indonesia. The role of Muhammadiyah in developing the idea of Islamic moderation has been manifested in educational institutions, social services, almsgiving, and health institutions such as Muhammadiyah hospitals. This research used qualitative methods based on manuscripts from journal articles, books, and interviews with expert narrators as material for analyzing the themes studied. This article is based on the theory of maqāṣid sharī`ah put forward by Jasser Auda, which provides a framework for understanding Islamic law based on multidisciplinary obedience and paying attention to the main purpose of Islamic law, not to its legal consequences. The study found that Muhammadiyah, an Islamic organization, is the guardian and propagator of moderate Islam in Indonesian society. Muhammadiyah activities for all citizens have no limits to religion. However, there were considerable obstacles to spreading Islamic moderation by Muhammadiyah. These obstacles come from internal Muslims who consider that Islamic moderation promoted by Muhammadiyah can weaken the Islamic creed of Muslims. They are less familiar with applying maqāṣid sharī`ah in understanding and practicing Islamic law in Indonesia. They are textualists towards the Qur’an and hadith

Hijrah and changing religious preferences in contemporary Islamic legal practice

This research examines how urban Muslim communities in Purwokerto understand and practice religion in the area of muamalah (social relationships between people). Religious practice in urban Muslim communities is different from other religious communities. The intersection between the reality of modernity, Islamicity, and identity provides a model for distinguishing contemporary Muslim religious practices. This study is based on field research employing a phenomenological approach. Participatory observation was used to collect data from two mosques in Purwokerto City: the General Soedirman Grand Mosque and the Gelora Indah Mosque. Both mosques serve as the hub of religious discourse for Purwokerto's urban Muslim community, and they host a variety of religious studies on a regular basis. In-depth interviews were performed with worshippers from the two mosques by the researchers. Secondary data is derived from studies, journals, books, and other sources. This article concludes that urban Muslim identity is manifested in the shift away from usury practices and the choice of halal products. Studies in urban mosques and social media cannot isolate the rhetoric from the social formation of urban Muslims. In this environment, hijrah (shifting paradigm) has emerged as one of the trends that give rise to new nuances and views of any Islamic legal concept that is an annotated version of older works. Because of these shifts in preferences, the discipline of Islamic law, particularly fiqh muamalah, has become one of the most important areas for the expression of religious experience in the lives of urban Muslim

The system of inheritance distribution in South Sulawesi

This article describes the inheritance distribution system of the people of South Sulawesi. This research uses interviews with several community and religious leaders who understand inheritance law. The research sites are Makassar, Pinrang, Palopo and Bone. The theory used is maṣlaḥah mursalah, which analyzes data about the inheritance system, starting from the process of inheritance division and the number of heirs' shares, as well as the interplay between customary law and Islam in the inheritance distribution system in South Sulawesi. Without removing the core of inheritance law, the South Sulawesi people's way of distributing inheritance makes use of the customary law known as ade' in the pangadereng system. There are three types of distribution, depending on whether the family is still together, whether one parent has deceased, or whether both parents have deceased. The nominal distribution varies, sometimes it is equal and other times it is based on fairness, which means that heirs who have invested a lot of money, such as those who go to high school and live well, give up their rights to relatives who are less established or who remain with the parents in the village. According to the benefit principle, men typically receive a plot of land because they have the energy to cultivate it, while women typically receive a house. This study shows how the customary division system emphasizes the common good in order to fulfill a number of maqāṣid al-shari’ah ideals, including the protection of property, honor, and life (soul).

Examining Qanun in Aceh from a human rights perspective: status, substance and impact on vulnerable groups and minorities

The Helsinki Agreement between the Aceh Freedom Movement (GAM) and the Indonesian Government aimed to end long-standing conflict and inequality in Aceh. It also legally empowered the Acehnese to govern their own province and protect their citizens from human rights abuses. Regrettably, the implementation of laws and policies in Aceh since the agreement, such as Qanun, has had an adverse effect on human rights, particularly for vulnerable groups and minorities. This paper analyses the need to align the substance of Qanun with international human rights norms and assesses the feasibility of implementing Qanun without violating human rights. The research method used is the qualitative method. The data collection technique mainly involves in-depth interviews with key informants, including academics, members of Aceh parliament, civil society organisations, representatives of religious organisations, the Aceh Sharia Court, the Acehnese government, and practitioners on women and children, as well as victims of human rights violations and literature reviews. This study has found that the implementation of Aceh Qanun has had negative consequences on the protection of human rights, particularly for vulnerable groups and minorities. In addition, it also affects vulnerable groups, Muslim and non-Muslim minorities who have been “forced to conform” with Aceh Qanun. The paper advocates for a harmonious balance between Qanun and human rights, which can be achieved through a more constructive dialogue between the two

Restorative justice-based criminal case resolution in Salatiga, Indonesia: Islamic law perspective and legal objectives

Restorative justice is a pattern of dispute resolution which emphasizes the responsibility of the perpetrator for the consequences of his actions while at the same time paying attention to the position of the victim. This is not simply about punishing the offender; it is about obtaining justice through discussion outside of the criminal justice system to ensure the situation can be returned to its prior state. Islamic law offers a concept of restorative justice called islah, which is a technique to resolve conflicts between parties by forgiving one another. Salatiga City, the most tolerant city in Indonesia, is where this study is being conducted. The idea of restorative justice is used to resolve disputes through the role of a lurah (head of neighborhood), who is responsible for upholding communal order. It is intriguing to investigate whether the reality of restorative justice in Salatiga City can achieve the three main objectives of the law as outlined by Gustav Radburch: justice, benefit, and legal certainty. This study employs a qualitative methodology and a socio-legal research design. Interviews with the offenders, victims, and the lurah who served as the government's mediator resulted in the gathering of data. The findings of this study demonstrate that Salatiga City's restorative justice method to conflict settlement has achieved the goals of justice and legal advantage and can even foster good will among the parties. The absence of lurah's legal standing in the resolution of this issue, however, does not satisfy the requirement of legal clarity. For Salatiga City residents, a legal foundation is required for restorative justice-based legal dispute settlemen

The contestation of Islamic legal thought: Dayah’s jurists and PTKIN’s jurists in responding to global issues

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

Muslim women adhering to Minangkabau’s bajapuik tradition in Cirebon, West Java: compromizing a gendered culture in Islamic law

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

Harmonization of customary and Islamic law in the gama tradition of the muslim Mongondow community of North Sulawesi

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

Dynamics of family fiqh: the multiple roles of women in realizing family resilience

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

Ḥaḍānah conflict resolution through litigation: analysis of sharia court decisions in Aceh

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