Mazahib

Muslim-Malay Women in Political Leadership: Navigating Challenges and Shaping the Future

Mohd Anuar Ramli — 2024-06-29

Women's participation in politics, particularly in leadership roles, remains a contentious topic within Muslim communities. This situation is due primarily to the prevalent interpretation that men are inherently more qualified for national leadership positions, as influenced by the patriarchal structure of society and persistent stereotypes that undermine women's capabilities. These cultural and societal barriers hinder women's ascension to the highest echelons of political power, especially in countries like Malaysia and Indonesia. This study seeks to analyze Islamic jurisprudence originating from the Quran and hadith interpretation of women's status to address the common misconception that Islam inherently supports misogyny. It then contextually puts the analysis of Malay women's obstacles in achieving political leadership in Malaysia and Indonesia. This socio-legal research is aimed at understanding the complexities of gender-based challenges in political settings caused by prevailing non-moderate interpretation of Sharia sources combined with patriarchal culture in the Malay world. It reveals that historically, in Malay, women have been entrusted with national leadership responsibilities. Similarly, from an Islamic perspective, there appears to be a misinterpretation of hadith regarding the prohibition of appointing women as national leaders. Thus, this traditional culture that permits women to hold leadership positions must be re-polished because women can utilize their liberties, including leadership, previously denied by non-moderate views.

The Influence of the Shafie School on Fatwa Methodologies in Malaysia: Toward the Unity of Ummah’s Objective

Muhammad Safwan Harun — 2024-06-29

Maqāṣid al-shariah, which refers to the aim or goal intended by Islamic law to benefit humankind, is closely related to the issuance of fatwas. This condition raises the question of whether maqāṣid al-shariah is fully considered in the fatwa issuance process in Malaysia. The methodology used in issuing fatwas in Malaysia is unique as the Shafie school is the primary reference, and the methodology aims to create a systematic fatwa management system in preserving unity. However, the approach does not generally embrace maqāṣid al-shariah, such as freedom, and favors an easier option (al-taysīr) to examine diverse views outside the Shafie school. This condition raises questions about the capability of the sectarian methodology practiced in the current issuance of fatwas and whether the fatwa methodology tied to the Shafie school can manifest maqāṣid al-shariah in every law. This paper aims to examine the achievement of maqāṣid al-shariah in the fatwa methodology that contains the strong tradition and influence of the Shafie school. Through inductive, deductive, and comparative document research, this study revealed three main findings. First, maqāṣid al-shariah in the fatwa methodology in Malaysia is applied through shariah arguments parallel with the uṣul al-fiqh framework. Second, the Malaysian fatwa methodology that references the final view of the Shafie school is intended to achieve uniformity and unity among the Muslim-majority community in Malaysia, which coincides with maqṣad wihdatul ummah. Third, when maṣlahah is not achieved in certain circumstances, views of schools other than the Shafie school can be consulted.

The Distribution of Pusako Randah Property in Minangkabau Society: Between Cultural Tradition and Islamic Law Provision

Nofialdi Nofialdi — 2024-06-25

This article discusses the distribution of pusako randah property by the Minangkabau people. Pusako randah property is distributed when parents, as the property owner, are still alive and distributed only to daughters (daughter-based distribution). Whereas, according to the consensus of Tungku Tigo Sajarangan attended by ulama, ninik mamak, and intellectuals-scholar in 1952, the distribution of pusako randah property should be executed using farāid mechanism. Some data are obtained from in-depth interviews with six custom figures. The finding of this research reveals that the distribution of pusako randah property is not only executed after the death of parents but also divided before the parents’ death. Besides, pusako randah property is intended only for daughters, while sons do not have a right to inheritance property. Distribution agreement of assets while parents are still alive in Islam is categorized as a gift (hibah) to anticipate (sadd al-dzari'ah) potential property disputes after parents die. In the inheritance traditions of other Minangkabau people, the distribution agreement of assets when the parents are still alive while the transfer after the parents die could be categorized as a will distribution (waṣiah). However, the distribution still exceeds one-third of the total assets. The allocation of inheritance only to daughters is a tradition that deviates from the Tungku Tigo Sajarangan consensus, even though the aim is to realize a universal benefit.

Keywords: Inheritance distribution, pusako randah property, Minangkabau

The Reality of Violence Against Wives: Dynamics of Social Settlement and Support in Lamongan, East Java

Fahruddin Ali Sabri — 2024-06-24

As a hidden crime, violence against wives is considered a disgrace to be discussed in public, especially reported to state and non-state actors. At first, victims feel able to resolve violence without outside intervention from outside their household, but repetition after repetition of violence requires them to choose what kind of resolution is right for them. This choice should be made after they have the support of individuals in their social environment. This study aims to explore the knowledge and experience of victims of violence against wives in choosing one among legal norms favorable to them. This study uses a critical realist approach by collecting qualitative data with dialogue techniques and observations of three women who were victims and six people who provided support to victims. We conclude that victims experience a dynamic psychological state, where initially, they always try to maintain the integrity of their household. The dominance of men and the subordination of women as a reality of cultural norms are essential factors in choosing ways of resolving conflicts at the community level, and we consider that the community has succeeded in providing social support to victims so that victims feel they get help and defense. However, we hope that this social support can be carried out through structured, systematic, and massive protection of victims of violence from State and non-state actors while considering the cultural norms of the community and supporting the identification of violence.

Legal Reform of Zakat Management Based on Personal Data Protection Law in Indonesia

Indra Rahmatullah — 2024-06-24

This article proposes the idea of accommodating the concept of personal data protection in zakat management law in Indonesia. It is because the Zakat Management Organization and online platforms that facilitate zakat payments online still need legal certainty regarding collecting, using, and reporting personal data about zakat payers (muzakki). There needs to be more clarity on the types of muzakki's personal data that can be collected and reported by Zakat Management Organization and online platforms to the government, which creates the potential for a muzakki's personal data breach. This article uses normative legal research methods with statutory and conceptual approaches. In conclusion, a mutually agreed-upon personal data protection agreement is required between Zakat Management Organization, the online platform, and muzakki. Therefore, it is necessary to reform the zakat management law to be adaptive to personal data protection by amending Law Number 23 of 2011 concerning the Management of Zakat.

Contextualising Fajr Sadiq: Response to Dawn Research Findings with the Sky Quality Meter (SQM)

Maskufa Maskufa — 2024-06-19

The article needs to address the problem of dawn time too early in Indonesia. To prove this, the researcher used the Sky Quality Meter (SQM) in four locations with different sky brightness levels: Labuan Bajo, Belitung, Sidoarjo, and Bogor. In addition, the article also seeks to explain the views of the government and Islamic organization using SQM. This research uses normative, astronomical, and sociological approaches. The results showed that the value of the sun's tilt during the Dawn Sadiq period was -19.30º to -13.58º. The appearance of dawn can be detected earlier in locations with high sky brightness and low light pollution, such as in Labuan Bajo (-19.30º), while in other places with opposite conditions, the appearance of Dawn Sadiq is slower, such as in Bogor (-13.58º). If the SQM observation in Labuan Bajo is used as a reference, it will not significantly impact the current dawn schedule (dip = -20⁰). The use of SQM for dawn observation is acceptable to the Ministry of Religion and Islamic organizations. However, considering the mixed results of dawn research with SQM, the response of the Ministry of Religious Affairs, Nahdlatul Ulama, and the Islamic Association still uses dip = -20º, while Muhammadiyah shifts to dip = -18⁰. To minimize differences, it is necessary to conduct joint research on an ongoing basis to produce stable data on the setting of the sun at dawn.

Determination of the Minimum Age Limit for Marriage: Balancing Legal Supremacy and the Objectives of Sharia in Indonesian Marriage Law

Achmad Fausi — 2024-06-07

Based on the new Indonesian marriage law provision, marriage is only permitted if the man and woman have reached the age of 19 years. Since then, a relatively high violation of marriage law has occurred, marked by the practice of early marriages for children. Thus, the function of law as a tool of social engineering and a means of order does not work well. The research is a normative legal study that utilized the State of Law Theory, the Law Protection Theory, and the Maqāṣid Sharia to analyze the loophole in Indonesian marriage law provisions on minimum age of marriage, application for an early age marriage, officialization of unregistered early age marriage, and their practice in the Religious Court. This study reveals that the law supremacy of lowering the minimum age of marriage has the noble purpose of safeguarding religion (hifẓ al-din) through marriage at the appropriate age, the soul (hifẓ al-nafs) from the threat of death through children marriage, the mind (hifẓ al-aql) through the provision of opportunities for higher education, the offspring (hifẓ al-nasl) from the threat of stunting and miscarriages, and property (hifẓ al-māl) from the threat of poverty as a result of children being denied their right to an education. Therefore, upholding the primacy of benefit (maṣlahat) and rejecting damage is the desired outcome of the legislation limiting the age of marriage. By increasing the minimum marriage age, Indonesian law has created a breakthrough in unifying the state and Islamic legal norms, with one of its sources being 'urf (customs or practices of a society).

Legal Formulation for Forced Marriage Prevention through the Decision of Wali Mujbir in Religious Courts and its Relevance with Maqȧṣid Syari‘ah and Human Rights

Ahmad Rasyidi Halim — 2024-06-06

Based on the Annual Report of the Indonesian Religious Court and Religious Court Decisions throughout Indonesia year 2020-2021, there were 5,080 divorces caused by forced marriages and 3446 divorces caused by arranged marriages without the basis of love. The number of cases shows that the practice of forced marriages and arranged marriages without love is still rife, which is the cause of divorce in society. Based on this background, this research probes efforts to prevent forced marriages through religious courts by proposing the wali mujbir prevention norm in the marriage law. Through this norm, children or parties under guardianship can file a case to the Religious Court to prevent forced marriages they are experiencing. This study shows that creating the wali mujbir prevention norm in the marriage law aims to accommodate the role of children actively, directly, and independently to prevent forced marriages against themselves by marriage guardians. If the marriage guardian is proven to have taken forced actions to marry off a child or person under his guardianship, then the marriage guardian is declared a wali mujbir, as stated in the ruling of the religious court. This proposal is one of the efforts to reduce the high number of divorces in society.

Towards a Holistic Halal Certification Self-Declare System: An Analysis of Maqasid al-Sharīʿah-Based Approaches in Indonesia and Malaysia

Maisyarah Rahmi Hasan — 2024-06-04

Despite the transparent and legal-compliant implementation of the Halal certification system in Indonesia and Malaysia, there are obstacles in practice, such as quality control and supervision for Halal-certified products. Therefore, it is necessary to implement a comprehensive Halal certification system founded on Maqasid al-Sharīʿah. This study employs normative-doctrinal legal research to provide recommendations for resolving issues associated with implementing the Halal certification system in Indonesia and Malaysia. It reveals that both Indonesia and Malaysia have institutions tasked with administering the Halal certification system; in Indonesia, it is administered by Badan Penyelenggara Jaminan Produk Halal (Halal Product Guarantee Organizing Agency or BPJPH), and in Malaysia, Jabatan Kemajuan Islam Malaysia (Department of Islamic Development Malaysia or JAKIM). Quality control and supervision are obstacles to implementing Halal certification in Indonesia and Malaysia, particularly self-declaration. Due to the misuse of Halal labels and the incorporation of non-submitted materials and products, rigorous oversight is necessary for the products that acquired Halal certificates using this scheme. Business actors lack knowledge and comprehension of the Halal guarantee system, which prompts them to implement the objectives of Halal certification. Adopting Maqasid al-Sharīʿah is necessary to put in place a Halal certification system that prioritizes business actors' awareness of the goals of Halal certification, which include the preservation of religion, life, the mind, ancestry, and property. Moreover, this preservation aligns with the goal of Halal certification's contribution to spiritual and worship strength.

Examining the Handling of Rohingya Refugees in Indonesia through the Lens of International Law and Maqāsid al-Shari’ah: An Exploration of Islamic Humanitarianism

Bani Syarif Maula — 2024-06-04

The issue of Rohingya refugees has gained significant attention globally and within Indonesian society, especially as many seek refuge in Aceh to escape persecution in Myanmar. The 1951 Vienna Convention and the 1967 Refugee Protocol form the global legal framework for refugee protection. However, Indonesia has not formally endorsed these statutes, so it is not legally bound to fulfill refugees’ basic needs. Despite this, Indonesia is obligated by the principle of non-refoulement, a customary international law or jus cogens, to manage Rohingya refugees entering its territory. This study examines Indonesia’s approach to refugee management through international law and maqāṣid al-sharī’ah, representing Islamic humanitarianism. Islamic scholarly discourse, specifically Fiqh al-Siyar, linked with maqāṣid al-sharī’ah, provides a foundation for contemporary humanitarian efforts. The study concludes that, under international law, Indonesia must protect refugees as part of implementing jus cogens. Additionally, from the maqāṣid al-sharī’ah perspective, Indonesia’s decision to welcome Rohingya refugees, despite not ratifying the 1951 Convention and the 1967 Protocol, exemplifies Islamic humanitarianism and acknowledges refugees’ inherent human rights.

The Complexities of Implementing Gazetted Fatwas in Malaysia's Federal Territories

Nur Hazirah Zainal Abidin — 2023-12-28

In Malaysia, non-compliance with a fatwa constitutes a breach under Shariah criminal jurisprudence. In such violations, it is imperative to undertake appropriate enforcement measures to address and mitigate the issue effectively. However, the implementation of enforcement has many challenges. One of the main challenges in enforcing a Shariah criminal offense is to meet the elements of proof for each offense committed. This article aimed to discuss some of the challenges regarding the enforcement of fatwas in the Federal State Territory. This research adopts a qualitative methodology, employing document analysis as a primary tool for data collection. Additionally, the study utilizes interviews to gather insights about the challenges encountered in enforcing fatwas within the community. The collected data is subsequently subjected to descriptive analysis for a comprehensive understanding. The results of the study found that among the main challenges faced by the Enforcement Division of the Federal Territory Islamic Religious Department (JAWI) are the weakness in fulfilling the elements of proving the wrongdoing of the fatwa, lack of specific expertise in matters related to investigation and intelligence as well as a lack of enforcement officers. This situation significantly influences the enforcement department's capacity to implement fatwa compliance measures within this state effectively.

Challenges in the Halal Industry Ecosystem: Analyzing the Halal Certification Process for Micro, Small, and Medium Enterprises in Lombok, West Nusa Tenggara

Atmo Prawiro — 2023-12-17

This article examines the challanges of the halal industrial ecosystem by studying halal certification for MSME (Micro, Small, and Medium Enterprises) in Lombok. Halal certification has a good impact on small and medium businesses in Indonesia. Although previous research indicates that the proportion of halal-certified micro, small, and medium enterprises (MSMEs) in Lombok is still under 20%, this figure is steadily increasing, allowing for open competition. This article employs a qualitative methodology with a socio-legal economic analysis approach. Data were gathered through interviews with MSME business owners, Muslim consumers, and halal policy makers in Lombok. The findings reveal that halal certification plays a crucial role in enhancing MSME operations and promoting the development of halal tourism in Lombok. However, the complexity of halal certification requirements and the obstacles MSME faces in Lombok must be ruled out effectively. By increasing knowledge, understanding, and awareness of MSME actors regarding halal certification rules and improving administrative processes related to halal certification, MSME in Lombok will better utilize the market potential for halal products.

Keywords:

Halal industry, halal certification, MSME, impact of certification

Critique on Salafibism and it’s Significance for Indonesian Islamic Moderation: Study on Khaled Abou El-Fadhl’s Thought

Muhyar Fanani — 2023-12-17

This paper aims to prove the importance of Khaled Abou el-Fadhl's (b. 1963) critique on Salafibism for mainstreaming Islamic moderation in contemporary Indonesia. This research examines Khaled's critique using the approach of ‘ilm uṣūl al-fiqh, a technique that analyzes the nature, secrets, and purposes of Islamic teachings including its laws. The problem examined in this research is the significance of Khaled's critique on Salafibism for mainstreaming Islamic moderation in contemporary Indonesia. This research concludes that from the perspective of ‘ilm uṣūl al-fiqh, Khaled's critique on Salafibism is crucial for mainstreaming Islamic modernization in present-day Indonesia. The significance of the critique lies in three things: (1). Providing the new awareness and energy for Indonesian Islamic scholars to campaign for moderate Islam and rejects puritanical Islam, especially Salafibism. (2). It provides theoretical guidance for the Islamic moderation movement in Indonesia, especially the importance of the balance between literalism and maqāṣid as well as between text and context in understanding the holy book. (3). Creating the practical guidance for the Islamic moderation movement in Indonesia to counter extremism. This research indicates that adopting a moderate approach to Islam holds significant promise for achieving local, national, and global religious harmony. In contrast, the puritanical approach, which hinders such concord, should be abandoned.

Keywords: Critique, puritanism, salafibism, Islamic moderation, contemporary Indonesia

Dynamics Encounter of Tradition and Religion in the Wedding Parade (Baarak Bako) in Solok City West Sumatra

Zainal Azwar — 2023-12-17

Islamic Sharia stipulates that marriages must be announced to the public. One method of the announcement is through walīmat al-‘urs, translated differently in different Muslim communities. In the city of Solok, West Sumatra, one of the forms of walīmat al-‘urs is the baarak bako tradition (a wedding parade around the village). Baarak bako's implementation frequently clashes with obligatory prayer times in Islam, causing many participants to leave the prayer. This research aims to examine the background of the baarak bako tradition, the reasons for deciding the time to perform baarak bako, and the effects of baarak bako on prayer services. Using a qualitative method, this article revealed that the origin of baarak bako was the desire of the bako (father's female family) to show their presence by enlivening anak pisang's (the children of a brother) wedding. According to the custom, the best time to announce a marriage is in the afternoon because people are already at home and have finished their activities outside the home; the implementation of baarak bako resulted in some participants failing to perform the obligatory prayers. The neglected prayers are carried out in jama' (merging two prayers). Others, on the other hand, leave the prayer without jama'. The people of Solok City are very rigorous about following customary rules. When religious law and customary law rules conflict, some people prefer customary rules over religious rules and vice versa. These findings show the dynamic relationship between religion and customs in the Minangkabau ethnic group, West Sumatra. These two norms can coexist and adapt to each other in practice.

Keywords: Islamic law, prayers, marriage, tradition, baarak bako.

Towards the Empowerment of Waqf Based on Community Needs in the Mentawai Islands West Sumatra: The Case of the Al-Qur'an Wakaf Board

Tiswarni Tiswarni — 2023-12-13

This article explains the utilization of Al-Qur'an and Development Waqf (WAP waqf) and clean water waqf through the Al-Qur'an Waqf Board in the Mentawai Islands, which is based on the basic needs of the community in the religious and social fields. This waqf was motivated by the backwardness of the people in the Mentawai Islands from a religious and social perspective, which prompted the Al-Qur'an Waqf Board to allocate waqf programs there. Research data was collected through in-depth interviews and documentation. It was then analyzed descriptively and qualitatively. The research findings show that the Al-Qur'an Waqf Board allocates Al-Qur'an accompanied by guidance to the Mentawai Muslim community as waqf. The utilization form of WAP waqf for Mentawai Islands people provides broad access to studying and understanding the Al-Qur'an, coaching daily worship, coaching and mentoring new converts to Islam, and coaching preachers before preaching to the community. The utilization of the water waqf is in the form of building clean water facilities in mosques and near residential areas, accompanied by religious and sanitation development for the communities receiving the waqf benefits. These findings can have implications for the importance of understanding the main problems of society so that the utilization of waqf can be more diverse and provide maximum benefits. The utilization of waqf must address the basic needs of society so that it can solve problems that develop in society while still relying on sharia.

Widows’ Rights and Customary Law: Addressing Responsive Law to Divorce Cases of Tolaki Community in Indonesia

Kamaruddin Kamaruddin — 2023-12-07

This article discusses the tendency to ignore women's rights in customary law practices in the Tolaki tradition, Southeast Sulawesi, Indonesia. Women often become a victim of deprivation of rights by customary legal tradition, such as ex-wife rights in post-divorce and the right to make choices. This article aims to discuss how widows are protected by custom by offering responsive law as a process for resolving marriage and divorce through customary decisions. Normatively, legal divorce settlements can only be processed through religious court institutions. Using a normative-empirical approach, this study has three significant findings. First, the process of resolving family conflicts involves complying with applicable customary provisions that must be obeyed by the Tolaki community. Second, tradition is not the only basis for consideration in the elements for making customary decisions. Third, responsive law can theoretically direct the lives of the people of the Tolaki traditional community by providing recommendations for considerations that are in accordance with the social structure and community relations related to the application of customary law. However, according to custom, widows who are not resolved before a court hearing can be followed up again to immediately register their case in a religious court in order to minimize neglect of the right to terminate a unilateral divorce and the rights of the widow and children after divorce. Under these conditions, offering responsive law is a strategy to balance rights in divorce cases bound by state legal norms.