GIC Proceeding

Structuralism in the Process and Events Toward the Constitutional Court Decision No.90/PUU-XXI/2023: The Relevance of Islamic Siyasah

Melvi Rahmi, Syafwan Rozi, Helfi — Sun, 09 Jun 2024 00:00:00 +0700

The Constitutional Court granted that the age limit for presidential and vice presidential candidates is 40 years old, unless they have experience as regional heads. This is stated in Constitutional Court Decision Number 90/PUU-XXI/2023. Constitutional change is one of the applications of the basic structure theory of structuralism to the field of law. State administration is the meaning of siyasah or politics in Islam. By definition, Islamic Siyasah is creating benefits for the people by guiding them to the path of salvation. Therefore, this research will discuss, how is the theory of structuralism in the birth of Constitutional Court decision No. 90/PUU-XXI/2023? And how is the view of Islamic Siyasah against structuralism in the birth of the decision? This research is a library research that uses Munir Fuady's book entitled Theories in Legal Sociology and the journal Between Justice and Political Ethics: The Constitutional Court and the Age Limit for Presidential Candidates in Axiological Perspective by Viedini et al as the primary data source. Related references as secondary data sources. The data collected will then be presented using the descriptive analysis method. The results of this study show that structuralism is an understanding that states that humans are bound by structure. In issuing this decision, the Constitutional Court is bound by the legal language structure of Article 6 paragraph 2 of the 1945 Constitution. The Constitutional Court's efforts to realize dynamism and provide benefits in its decisions are in accordance with two Islamic siyasah rules. In Islamic siyasah as well, the interpretation of general texts or texts that require legal interpretation is the authority of the sulthah qadha'iyyah

Polygamy Without Permission in SEMA No. 4 of 2016 Persfective of Islamic Law

Shafra, Rahmawati, Silfia Hanani, Jayusman — Wed, 05 Jun 2024 00:00:00 +0700

This research aims to analyze unlicensed polygamy in Indonesia from the perspective of Islamic law and the challenges of law enforcement based on Supreme Court Circular No. 4 of 2016. According to Circular No. 4 of 2016, unlicensed polygamy can be punishable by imprisonment for five to seven years. However, in the context of Islamic law, there is no regulation regarding punishment for unlicensed polygamy. This study employs a descriptive-analytical research method with a qualitative approach. Data are obtained through literature review and content analysis from various relevant sources.The research findings indicate that unlicensed polygamy violates the principles of justice, equality, and gender justice in Islam. However, law enforcement against this practice in Indonesia faces various challenges, including diverse legal interpretations, weak legal awareness among the public, and deficiencies in the judicial system. Therefore, more serious efforts from authorities are needed to strengthen law enforcement and raise legal awareness in society, as well as legal reforms that reinforce the provisions of Circular No. 4 of 2016.

Reinterpretation of Islamic Law: The Practice of Sirri Marriage Among University Students In Indonesia

Amra Wandri, Ismail, Asasriwarni — Tue, 04 Jun 2024 00:00:00 +0700

This research explores the phenomenon of "Sirri marriage" (unregistered Islamic
marriages) among university students in Indonesia, shedding light on the evolving dynamics of Islamic
law interpretation in contemporary society. The study employs a qualitative approach, utilizing
interviews, surveys, and document analysis to investigate the motivations, perceptions, and
consequences of students engaging in Sirri marriage. By examining the socio-cultural factors
influencing this practice, the research aims to contribute to a deeper understanding of how Islamic
legal principles are reinterpreted and negotiated within the context of modern higher education. The
findings provide insights into the complexities surrounding Sirri marriage, addressing both the
challenges it poses to traditional legal frameworks and its potential impact on the broader discourse
on Islamic jurisprudence in Indonesia. This study contributes to the ongoing dialogue on the
adaptation of Islamic law to contemporary realities, emphasizing the need for nuanced perspectives
that account for the diverse ways in which individuals navigate their religious and social identities.

Sociological Analysis of Siri Marriage in Pesisir Selatan Regency Towards the Half Century of the Marriage Law

Zakiyah Ulya — Sun, 09 Jun 2024 00:00:00 +0700

The endless phenomenon of the practice of siri marriage is of course a dilemma. The opening of the opportunity for itsbat nikah makes the practice of siri marriage continue to occur in the community. Because even though they violate the rules of marriage registration by conducting siri marriage, the State seems to justify it by providing itsbat nikah facilities to declare the validity of this siri marriage. Often this siri marriage is carried out because of violations of the provisions of marriage administration and an element of deliberation by the couple. Dualism about the validity of marriage. Marriage, as long as it is carried out in accordance with Islam, is considered valid even though it is not recorded at the religious affairs office. Another opinion is that even though the pillars of marriage are fulfilled, if it is not recorded, it is considered invalid because it fulfills the registration requirements. The main factors of siri marriage are due to the negligence of the marriage registration officer, the non-fulfillment of the pillars or conditions of marriage and the community's lack of understanding of the importance of marriage registration.

Unregistered Marriage in the Perspective of Islamic Legal Sociology

Irwan Hidayat — Sun, 09 Jun 2024 00:00:00 +0700

Nikah siri, or unregistered marriage, is a common practice among Muslim communities, especially in Indonesia. This phenomenon has attracted attention from various disciplines, including Islamic legal sociology. In this research, we explore the sociological aspects of nikah siri within the context of Islamic law.By utilizing Islamic legal principles and sociological theories, this study aims to examine the prevalence, motivations, and consequences of nikah siri. Factors such as financial constraints, social pressures, and cultural norms contribute to the perpetuation of this practice. Additionally, nikah siri has significant ramifications for individuals, families, and society at large, impacting legal rights, social standing, and familial dynamics. Through a comprehensive analysis of nikah siri from a sociological standpoint grounded in Islamic legal principles, this research seeks to provide insights into the intricacies of this phenomenon. By understanding the socio-legal dynamics surrounding nikah siri, policymakers, legal practitioners, and community leaders can develop more effective strategies to address its challenges and mitigate its adverse effects on individuals and society

The Childfree Phenomenon in Marriage in the Perspective of Maqashid Sharia

Nelna Saprina, Rahmiati, Syafwan Rozi , Helfi — Sun, 09 Jun 2024 00:00:00 +0700

Childfree is an agreement between a married couple not to have children in their married life. Meanwhile, one of the goals of marriage is to get offspring. Based on this, the author examines how childfree develops in Muslim marriages in Indonesia and how the phenomenon of childfree in maqashid shari'ah review. This article is written using the library method (library research). Data sources are obtained from various reading materials and online documentary data, namely in the form of written documents and recorded documents. In analyzing the data, the author uses inductive, descriptive and comparative methods. From the results of the research that the author conducted, the author found that this childfree phenomenon has developed in Indonesia. This is known by the acknowledgment of childfree beliefs from several married couples who have Muslim status and the recognition of several public figures. Then it is also marked by the development of the ICC (Indonesia Childfree Community) community and social media accounts specifically for childfree people in Indonesia, one of which is the @childfreelife.id account with 2,855 followers. Furthermore, in the maqashid shariah review of the childfree phenomenon followed by some Indonesian people, it is not in accordance with maqashid shariah, precisely in the part -al-dharuriyat al-khamsah (five basic things that must be maintained) specifically about hifdz al-nasl, namely maintaining offspring.

Review of Fiqh Muamalah on Online Transactions in Digital Era

Hidayatullah, Busyro, Ismail — Wed, 05 Jun 2024 00:00:00 +0700

The digital era, commonly referred to as 4.0, signifies a transition towards digitization in various aspects of life. One notable impact of this digitization is observed in the realm of transactions, particularly in commercial transactions (muamalah). This is especially significant amid the outbreak of the coronavirus (Covid-19) in Indonesia, where the government has imposed stay-at-home measures as a means of self-protection. Consequently, there has been a surge in online buying and selling activities through platforms such as Shopee, Tokopedia, Lazada, among others. Thus, there is a need for legal efforts to determine the compliance of these transactions with the principles of muamalah jurisprudence (fiqh muamalah). This research employs a legal research method with qualitative analysis, utilizing a normative data approach. The findings indicate that online transactions are in accordance with fiqh muamalah, with the contractual agreement being the salam contract. This is because buyers provide specifications of the intended product, while sellers offer detailed descriptions of the product itself.

Legal Protection for Children and Women Victims of the Palestine Israel War from the Perspective of Islamic Humanitarian Law

Edi Rosman, Fajrul Wadi, Zikra Wahyuni — Sun, 09 Jun 2024 00:00:00 +0700

The prolonged conflict between Palestine and Israel has significantly impacted children and women as vulnerable groups. This article analyzes the legal protection for them through the perspective of Islamic humanitarian law. Islamic humanitarian law, rooted in Sharia principles, emphasizes the protection of non-combatants in armed conflicts. Children and women, as parties not directly involved in warfare, are guaranteed security and special protection based on various texts from the Qur'an and Hadith. Additionally, the principles of maqasid al-shariah (objectives of Sharia), which prioritize the protection of life, lineage, and property, reinforce this protective argument. This study identifies the alignment between international humanitarian law and Islamic humanitarian law regarding the protection of vulnerable groups during conflicts. However, implementation on the ground is often hindered by political and military complexities. Therefore, intensive efforts from the international community and Muslim countries are needed to ensure adherence to the principles of Islamic humanitarian law. The article concludes that strengthening legal protection for children and women victims of the Palestine-Israel conflict requires a holistic approach that combines international norms and Islamic values to achieve better justice and humanity

Ijtihad of the Judges of the Constitutional Court of the Republic of Indonesia in the Case of Number 2/Phpu.Pres-XXii/2024 (An Analysis of the Judges' Dissenting Opinion Legal Considerations)

Indra Mahyuzi — Sun, 09 Jun 2024 00:00:00 +0700

One of the authorities of the Constitutional Court is to resolve disputes over the results of general elections, both legislative elections (DPR, DPD and DPRD) and executive elections (president and vice president, governor and deputy governor, regent and deputy regent, mayor and deputy mayor). The implementation of elections should take place directly, freely, and confidentially, as well as honestly and fairly, which is usually abbreviated as luber and jurdil. Every contestant who competes in the election must target victory, so it is not uncommon for violations and the use of all resources (including the use of the state budget in the form of social assistance). The Constitutional Court is the last bastion to guarantee the implementation of free and fair elections. So, what is an interesting problem in this research is how the views of the Constitutional Court judges on the principles of overflow and justice in the election of the president and vice president in 2024? The Constitutional Court is also known as the guardian of constitutions whose decisions have permanent legal force since they have been announced in a plenary session open to the public, namely final and binding. Thus, the Constitutional Court is expected to provide a fair decision based on the objectives of the constitution, so that the continuity and continuity of governance are well maintained.

Measuring Walimah In Hadith: Maqashid Shari'ah In The Framework Of Family Law Reform In Islamic Countries Related To Siri Marriage

Melvi Rahmi, Zul Efendi, Nofiardi, Abdul Halim — Sun, 09 Jun 2024 00:00:00 +0700

. A marriage certificate is authentic evidence for a husband or wife when one party neglects their obligations. Thus, a marriage without a marriage certificate has no legal protection. Contemporary nikah siri is a term for marriages performed without registration. The growing practice of nikah siri prompted the government to take decisive action to spur people to register their marriages. However, the birth of this formulation contains pros and cons. This research is a library research, the primary data source of this research is Hadith related to nikah siri. While the book fiqh munakahat and several books that discuss methodology including the opinions of scholars related to the hadith in this discussion are placed as secondary sources, including related writings. The data collected will then be presented using the descriptive analysis method. Based on the hadith, it is known that at the time of the prophet it was important to hold a walimah as a means of announcing the marriage. However, in this day and age, a marriage certificate is required to maintain the marriage under a legal umbrella. Therefore, illegal marriage is not allowed. Seeing the maqashid al-syari'ah desired by the law of nikah siri, making the sanction of nikah siri is at the level of hajiyyah to maintain nasl. Although there are already clear regulations, the benefits of marriage registration, there are still many phenomena of this nikah siri in society for various reasons. So to eliminate this phenomenon requires government involvement in establishing sanctions for the perpetrators.

The Role Of Contribution In The Determination Of Joint Property By Religious Court Judges

Muhamad Al Amin, Syafwan Rozi, Helfi — Sun, 09 Jun 2024 00:00:00 +0700

Joint Property is a property that is vulnerable to disputes by married couples when they divorce, to resolve this dispute , the religious court is the place to resolve this dispute. The marriage law and the compilation of Islamic law have also accommodated the settlement of this dispute with a balanced division for both parties. However, religious court judges sometimes depart from this provision by looking at the role of contribution as the main consideration in determining the share of each party. The role of this contribution is generally not regulated in law but can be analyzed juridically normative as part of the interpretation of the material of the law with various approaches. With the normative content contained in the role of contribution in the determination of joint property, the parties to the dispute can accept the binding decision, decisions regarding joint property that have been determined by religious court judges can be read with a broader perspective.

MUI Fatwa Number 10 of 2008 Concernig Unrecorded Marriages From Islamic Legal Sociological Perspective

Muhammad Febri Eka Saputra — Sun, 09 Jun 2024 00:00:00 +0700

This article discusses the MUI Fatwa Number 10 of 2008 concerning Unregistered Marriages from the Sociological Perspective of Islamic Law, using a literature research method that explores the norms in the MUI fatwa Number 10 of 2008 concerning Unregistered Marriages. Sociological Perspective of Islamic Law with Problem Formulation. What is the sociological review of Islamic law regarding MUI fatwa MUI Fatwa Number 10 of 2008 with the results of research on marriage under the hand in Indonesia in accordance with the MUI Fatwa No. 10 of 2008 concerning marriage under the hand, which is legally valid as long as the requirements and harmony of marriage are fulfilled, because there are still many Indonesian Muslim communities who are below the poverty line, living in a very remote area, plus the bureaucratic regulations regarding marriage and polygamy are still difficult. However, under normal conditions the law is haram, this is to avoid harm that has a negative impact on the wife and children's future and to achieve benefits in human life. For this reason, marriage registration is very important and mandatory under normal conditions. The influence of sociology in this article is related to human activities based on moral issues which are influenced by culture, economics and so on.

Implications Of Islamic Family Law And Customary Law On Women's Rights: A Comparative Study And Human Rights Perspective

Mailiza Fitria, Ismail, Mas Nooraini binti Haji Mohiddin — Wed, 05 Jun 2024 00:00:00 +0700

Islamic family law and customary law, which have long been established and developed within society, have gained considerable recognition as official legal sources in Indonesia. Hence, further research is needed to explore the implications of recognition of these laws on the fulfillment of women's rights. Researchers utilized a literature review method with descriptive analysis techniques, drawing data from various references and sources. The findings of this study reveal that recognition of Islamic family law and customary law has brought significant implications for the fulfillment of women's rights in Indonesia. This is reflected in the ongoing reforms of Islamic family law to appreciate and accommodate the aspirations and demands of women activists. Similarly, the same applies to customary law, especially concerning women's rights, as evidenced by the Minangkabau custom with its matrilineal kinship system.

The Role of Customary Institutions in Resolving Islamic Family Law and Customary Law Conflicts: A Sociological Perspective

Mauliddin, ismail — Tue, 04 Jun 2024 00:00:00 +0700

This research explores the complexity of family law conflicts in Indonesia, triggered by differences between Islamic law and customary law in the context of mixed marriages and inheritance division. Using a desk study approach, this research collects data from relevant primary and secondary sources to analyze the factors that influence family law conflicts. The results show that the conflicts are caused by differences in values and norms, unclear boundaries between the two legal systems, and gender inequality in customary law norms. The role of sociology is recognized as key in understanding the root causes, while customary institutions have great potential as mediators. The conclusions of this study emphasize the need for an inclusive approach that respects diversity and promotes peace and justice. Efforts are needed to strengthen the role of customary institutions in resolving conflicts, taking into account local wisdom, community beliefs and restorative approaches.

Takharruj As Problem Solving In The Division Of Inheritance In Minangkabau Society: A Study of the Sociology of Law

Herix, Agam Pratama, Heru — Sun, 09 Jun 2024 00:00:00 +0700

Takharruj is a mechanism that is widely recognized and accepted by the Minangkabau community as an attempt to find an amicable solution in the division of inheritance. This process involves negotiation and deliberation between heirs facilitated by traditional leaders or community leaders. Through takharruj, the division of inheritance can be resolved in a family manner by considering aspects of justice, the needs of each heir, and efforts to maintain family harmony. This research provides a deeper understanding of the practice of inheritance division in Minangkabau society and the underlying cultural values. The research findings can serve as input for the development of inheritance dispute resolution policies and practices that are more responsive to the local cultural context.

Study of Islamic Law on Veto Rights as an Inhibiting International Law Enforcement of Palestinian Hospital attacks

Taufiq Hidayat, Shahibul Khairat, Muhammad Febri Eka Saputra , Agus Wahyudi — Sun, 09 Jun 2024 00:00:00 +0700

Hospital attacks in the Palestinian territory are crimes based on international humanitarian law and no one has been tried for this crime and a war for 76 years has become uncontrolled, resulting in war victims for civilians and Palestinian children. The purpose of this study was focused on finding out why the UN Security Council did not enforce international law by adjudicating those who were responsible for the hospital attack in Palestine. And to find out the role of international law in the Palestinian-Israeli War, the normative juridical method is a method to find out the problems in this study with a case approach and legal history approach. This study concluded that the study of Islamic law on the Veto right of the UN Security Council should be reconsidered as a major condition for ICC to prosecute war and humanity crimes committed in Palestinian and Israeli conflicts proven through scientific science.

Misconception Regarding Pregnancy Duration in Determining Nasab and Children’s Legal Status in Indonesia

Hanif A'la Ilhami, Zul Efendi — Tue, 04 Jun 2024 00:00:00 +0700

Pregnancy duration has become one of the criteria formulated by ulama in determining nasab between father and child. The issue arises when some researchers from Indonesia misunderstand the role of pregnancy duration in determining the status of children in Indonesia. This study aims to uncover this misunderstanding, by formulating two questions: what is the role of pregnancy duration in determining nasab in Islam, and what are the misconceptions about pregnancy duration and the causes of researchers' misunderstanding of this concept. This research is qualitative, using a literature review approach. The study found that pregnancy duration serves as one of the criteria in proving nasab through al-firasy, and this criterion does not stand alone but is interrelated with other criteria. The mistake made by Indonesian researchers is considering pregnancy duration as the sole criterion in determining nasab and ignoring other concepts of nasab, i.e. asbab al-nasab and tsubut al-nasab. This misunderstanding is likely caused by a mixture of paradigms regarding the status of children according to Islam and Indonesian national law. The national law only considers the timing of a child's birth as the primary criterion in determining the status of the child. In cases of marriages preceded by pregnancies resulting from zina, it is emphasized that honesty is demanded from the husband and wife to acknowledge that their child indeed does not have nasab to his father. At the very least, this acknowledgment should be made to the concerned child or to the legal guardian if the child is a girl who intends to marry in the future, to avoid violating shari’ah provisions in important aspects such as wilayah and others.

Building Gender Justice in Family Law: Harmonization of Islamic Family Law and Customary Law in Indonesia

Alharnisyefrita Wirahadinofa, Ismail — Sun, 02 Jun 2024 00:00:00 +0700

Indonesia has a diversity of legal systems in regulating the field of family law, namely Islamic family law which is guided by Islamic sharia and customary law which originates from the local wisdom of indigenous communities. These two legal systems sometimes have different views and rules that can potentially create gender injustice. This research aims to analyze the harmonization process between Islamic family law and customary law in an effort to achieve gender justice in Indonesia. This research is a descriptive study that uses a qualitative approach. Data sources were obtained through library research by reading and examining the literature that has been carried out by previous researchers. The results of the study show the dynamics and challenges in the process of modernizing the two family legal systems in various regions. This research also recommends the need for a more active role from various relevant stakeholders such as the government, community organizations, religious leaders, customary leaders and academics in realizing harmonization in order to achieve gender justice in family life in Indonesia.

The Dialectic between Islamic Law and the Social Reality of the Minangkabau Society: A Study of the Sociology of Law

Agam Pratama, Herix, Heru — Sun, 09 Jun 2024 00:00:00 +0700

This paper examines the dialectic between Islamic law and the social reality of the Minangkabau society through the perspective of the sociology of law. The Minangkabau society, with its matrilineal culture, is an interesting subject to analyze in the context of the interaction between Islamic law and local culture. This study discusses the interaction between Islamic law and the matrilineal culture of the Minangkabau, and how social factors such as education level, socio-economic status, and local political dynamics influence the interpretation and implementation of Islamic law in that society. Furthermore, it identifies the challenges and efforts made to achieve harmony between Islamic law and the social reality of the Minangkabau society, involving the role of religious institutions, traditional authorities, local governments, educational institutions, and the community itself. These efforts include collaboration in conducting contextual ijtihad or Islamic legal reasoning, education and socialization about adaptive Islamic law, and the formation of regulations and policies that facilitate the application of Islamic law according to the cultural context of the Minangkabau. Through this study, a deeper understanding is gained of the role of Islamic law in the Minangkabau society, as well as the challenges and opportunities in implementing it in accordance with the unique socio-cultural context. The sociology of law provides a valuable perspective in the effort to achieve harmony between Islamic law and the social reality of society.

Compulsory Wills for Heirs of Different Religions Perspective of Istihsan

Ashlih Muhammad Dafizki, Saiful Amin, Faizin — Tue, 04 Jun 2024 00:00:00 +0700

The issuance of mandatory wills to heirs of different religions is a form of legal innovation by the Supreme Court, yet the legal innovation by the Supreme Court constitutes a contradictory decision in Islamic law. Based on this issue, this article aims to explore the controversy of mandatory wills for heirs of different religions from the perspective of istihsan. This research is conducted as a library research, employing the perspective of istihsan. The data sources in this research are divided into primary and secondary data. Primary data are extracted from the Directory of Supreme Court Decisions regarding mandatory wills. Secondary data consist of books, journals, and studies related to the topic. Consequently, the results of this study indicate that the mandatory wills granted by the Supreme Court to heirs of different religions, from the perspective of istihsan, fall within istihsan with necessity, prioritizing justice to achieve benefits for all parties involved in litigation

The Role of The Government in Providing Educational Services to The Akit Nerlang Community From The Perspective of Siyasah Dusturiyah

Jumia Nirana, Rais May Jamhari — Sun, 09 Jun 2024 00:00:00 +0700

The Education is a process that always develops for every human being, it can even be said that every developed country will not be separated from the name of educational progress that forms the quality of human resources. Of course this cannot be separated from the role of the government. Therefore, the government plays an important role in the progress and quality of education. As the role of this government is contained in Article 31 (1) of the 1945 Constitution in Paragraph 2. In the Akit Nerlang Tribe, if seen in the perspective of fiqh siyasah, it is included in Siyasah Dusturiyah in the field of Al-Sulthan Tandfiziyah which shows one of the authorities or powers of the Islamic government in regulating state affairs against the law. In the case of the implementation of education by the relevant government that acts as Tandfiziyah Syar'iyyah, namely the implementer of the Indonesian republic law Number 20 of 2003 concerning the National Education System

The Model of E-Commerce Transaction in The Frame of Islamic Law

Rais may Jamhari, Jumia Nirana — Sun, 09 Jun 2024 00:00:00 +0700

Online buying and selling is a new phenomenon in trade transactions carried out by modern societies. because of the new transaction model, the law of this transaction the scholars have not found it in the classical fiqh books. Based on this, the scholars must find the law in Islam through ijtihad. The implementation of e-commerce can be explained that consumers choose the goods to be purchased from the seller's website, then consumers transfer a number of prices to the seller's account and finally the seller sends the goods to Based on the rules of fiqh law, e-commerce is allowed as long as there are no elements prohibited by Islamic law that are contrary to the principles of Islamic muamalah The conclusion is that the implementation of online buying and selling can be explained that consumers choose the goods to be purchased from the seller's website, then consumers transfer a number of prices to the seller's account and finally the seller sends the goods to consumers. The review of Islamic law on online buying and selling is allowed as long as there are no elements prohibited in Islamic law that can forbid it and do not conflict with the principles of muamalah

Muamalah Fiqh In Digital Business: Risk Mitigation In Online Shopping

Ahmad Budiman , Silfia Hanani, Syafwan Rozi — Sun, 02 Jun 2024 00:00:00 +0700

This article analyzes the principles of muamalah fiqh in digital business, especially in terms of risk mitigation in online shopping. Digital advances have an impact on many aspects of human life, one of which is online buying and selling. However, behind this convenience, the risks of digitalization are also unavoidable. This causes losses and disadvantages. Meanwhile, in Islam, various kinds of harm must be avoided. Therefore, honesty and transparency are needed in carrying out transactions. In Ulrich Beck's Risk Society theory, there are several means that can be used to prevent risks or what is known as risk mitigation. This paper aims to analyze how to mitigate risk in online buying and selling using Beck's theory from the perspective of muamalah jurisprudence. This research takes the form of qualitative literature research with data coming from sources related to the use of online media as a means of transaction and digital muamalah fiqh rules, as well as Ulrich Beck's risk mitigation theory in the form of books, articles and other writings. Then analyzed using descriptive methods. The research results show that risks that may occur when carrying out online transactions can be mitigated by avoiding, reducing and insuring risks, as stated by Beck. And this is in line with the principle of muamalah in Islam which requires honesty, openness, clarity, as well as rejecting various harms and prohibiting consuming other people's wealth in vain.

Discourse Analysis of the Minister of Religion Regarding the Functions of the Office of Religious Affairs (KUA) for All Religions from a Social Perspective

Shahibul Khairat, Agus Wahyudi, Taufiq Hidayat — Sun, 09 Jun 2024 00:00:00 +0700

The Office of Religious Affairs (KUA) is a vertical institution under the Ministry of Religion that plays a crucial role in addressing religious issues at the district level. However, currently, KUA only serves Islamic religious affairs, while followers of other religions have not received the same services. Therefore, discourse analysis of the Minister of Religion's statements regarding the function of KUA for all religions from a social perspective is needed. This research aims to analyze the discourse of the Minister of Religion regarding the function of KUA for all religions and to understand the social implications of these statements on pluralistic community life. This study adopts a qualitative approach with a critical discourse analysis method. Data is collected from statements made by the Minister of Religion in various mass media and official forums. The analysis is conducted by identifying discourse structures, social contexts, and ideologies underlying these statements. The discourse analysis of the Minister of Religion indicates efforts to expand the functions of KUA to serve all religious adherents in Indonesia. This is in line with the principles of diversity and tolerance embraced by Indonesian society. However, its implementation needs to consider social, cultural, and legal aspects to avoid conflicts or misunderstandings in society. This research provides recommendations for the government and relevant stakeholders to take strategic steps in realizing a more inclusive function of KUA that aligns with the needs of the community

The Open House Tradition to Strengthen Friendship In The City of Siantar From George Ritzer Perspective

Sun, 09 Jun 2024 00:00:00 +0700

An open house, in the context of Eid al-Fitr, is a cherished Muslim tradition where the doors of one's home are figuratively opened to welcome family, relatives, neighbors, colleagues, and even the general public. During this festive occasion, guests are treated to a delightful array of foods and dishes while engaging in intimate conversations with the hosts. This time-honored practice, observed every Eid, serves as a powerful tool for fostering bonds of brotherhood and friendship. Through the act of opening one's home, Eid al-Fitr embodies the spirit of renewal and forgiveness, signifying a fresh start and the beginning of a better chapter for all.

Deconstructing Hegemony: The Internationalisation of Political Islam in the 21st Century

Syaflin, Ismail, Asasriwarni — Wed, 05 Jun 2024 00:00:00 +0700

. In the intricate global political landscape of the 21st century, discussions surrounding Islam have become a significant focal point. This research delves into the multifaceted process of the internationalization of political Islam, exploring its implications for hegemonic structures in today's world. Employing a nuanced deconstructionist approach grounded in qualitative analysis, it navigates the diverse dimensions of political Islam's internationalization amid varied interpretations and practices worldwide. Central to this study is the unraveling of entrenched hegemonic narratives about Islam, meticulously dissecting them alongside the emergence of new movements, ideologies, and strategic maneuvers. Utilizing rigorous qualitative methods such as textual analysis and discourse examination, the research uncovers the underlying power dynamics and ideological shifts shaping the global discourse on political Islam. Furthermore, it underscores the significant role of technology and media in catalyzing the international spread of political Islam, offering insights into the mechanisms through which ideas are disseminated and contested in the digital age. Through a deconstructionist lens, this research emphasizes the complex web of dynamics shaping global politics, stressing the importance of ongoing scholarly inquiry and the acceptance of diverse interpretations of political Islam in contemporary contexts. Thus, it contributes to a deeper comprehension of the evolving global political landscape and the intricate interplay among its various forces.

Sawer on Eid al- Fitr Fitri Perspective Michel Foucault's theory

Sat, 08 Jun 2024 00:00:00 +0700

Based on the discussion, three main points regarding Michel Foucault's theory can be inferred in the context of the Eid al-Fitr tradition. Firstly, the act of giving money during this celebration can be viewed as a form of implied power, where the individual offering the money assumes a more dominant or powerful role within the context of the event. This reflects the existing social hierarchy in public settings. Secondly, the practice of giving money can also be seen as a method to reinforce social norms and control behavior in public. Children or family members receiving the money are expected to respond politely and adhere to the existing social rules. Lastly, the tradition of giving money during Eid al-Fitr also reflects the construction of knowledge and identity within certain segments of the public

Fostering Intercultural Understanding: A Reading-Based Framework for Islamic Universities in the International Context

Muthia Rahman, Azima Abdul Manaf, Leli Lismay — Wed, 12 Jun 2024 00:00:00 +0700

The requirement for promoting intercultural understanding has slowly increased today’s globalized world, particularly in the so-called broader society of higher education. In this article, an overarching framework is proposed for the development of intercultural competence among students in Islamic Universities engaged in all domains situated at the global level. Based at the intersection of language education, cultural studies, and international relations, the framework articulates a reading-based approach that promotes students’ exposure to diverse perspectives from other international contexts as well sharing knowledge in a dialog issue. By bringing together theoretical insights, pedagogical strategies and practical suggestions: this framework seeks to provide a systematic and flexible guide for Islamic universities in the inclusion of intercultural deprives

The Sociology of Law Approach in Understanding Customary Land Disputes in West Sumatra

Arie Alfikri — Sun, 09 Jun 2024 00:00:00 +0700

The positivist approach to understanding legal issues, particularly regarding customary land disputes in West Sumatra, presents its own challenges. The Minangkabau customary law's unwritten nature makes ulayat land disputes complex when analyzed solely from a normative juridical standpoint. To effectively address these issues, it is essential to move beyond legal regulations and delve into community practices and legal understanding using a legal sociology approach. This method advocates for resolving ulayat land disputes in Nagari Baruah Gunuang through peaceful means, such as deliberation and consensus, in line with prevailing customs dictated by the customary hierarchy known as bajanjang naiak batanggo turun. Even before cases reach the Nagari Customary Council, disputes can be settled by niniak mamak ampek jinih associated with the disputing parties. A sociological approach, rooted in empirical legal facts, underscores that customary law is the original, unwritten law of the people, evolving within the community across generations. This approach proves more relevant in comprehending and addressing ulayat land dispute issues.

Wisdom Local Mine Around Village After Pray Day Raya Eid Fitri According to Jean Baudrilla's Perspective

Sun, 09 Jun 2024 00:00:00 +0700

The objective of this research is to elucidate the Mining tradition (Seeking THR) prevalent in the vicinity subsequent to the Idul Fitri prayers, and to expound upon the inherent local wisdom values within said tradition. Employing a qualitative approach, this study seeks to delineate the form of mining traditions and explicate the local wisdom values they embody. Additionally, it endeavors to identify the supporting factors and elucidate the essence of local mining wisdom (pursuing THR). The theoretical framework utilized for analysis is Jean Baudrillard's theory. Methodologically, this research employs interactive analysis techniques encompassing data collection, reduction, presentation, and drawing conclusions.

Review of the Legal Sociology of Brondolan Theft at PT AMP Plantation Bawan

Nurkhairat Ihsan, Bintang, Nadya Fransiska — Sat, 08 Jun 2024 00:00:00 +0700

In this era of rapid development, people in Indonesia face various challenges, particularly those pertaining to living standards and economic necessities. A prime example of this shifting landscape is the widespread use of the internet, which introduces new implications for daily life. However, the growth in needs often outpaces the community's economic advancement. Phenomena like unemployment frequently underpin economic imbalances, subsequently fostering criminal behaviour such as theft. This article zooms in on the phenomenon of loot theft in the vicinity of the PT AMP Plantation. Typically, this theft is perpetrated by unemployed youths residing in the vicinity of the company. The article aims to explore the social factors contributing to theft using a legal sociology approach. Furthermore, it delves into the sanctions enforced by the company against theft perpetrators. The research methodology employed is normative legal research, characterized by descriptive analytical techniques. The findings reveal that social factors, such as economic circumstances and living environments, significantly influence theft behavior. Additionally, the study identifies PT AMP Plantation's implementation of sanctions, including warning letters and employee dismissal for involvement in theft activities. Thus, the article concludes that comprehending social factors and implementing appropriate sanctions can mitigate crime rates like bag theft. Moreover, the research underscores the importance of a multidisciplinary approach, such as legal sociology, in comprehending and addressing social issues like crime

Local Wisdom Panjek Pinang Georg Simmel's Theory Perspective

Sun, 09 Jun 2024 00:00:00 +0700

This research aims to explore the panjek pinang tradition observed during the Eid al-Fitr holiday, delving into its history, philosophy, and the underlying local wisdom values. Through qualitative methods, the study seeks to identify and understand the Panjek Pinang tradition. The act of climbing the pinang tree is often accompanied by the promise of various prizes, fostering a sense of camaraderie and unity among participants, while also serving as a reflection of cultural values. Georg Simmel's theory is employed as an analytical framework in this study. Analytical techniques utilized include data collection, reduction, presentation, and drawing conclusions.

Online Game Addiction Among Teenagers from Jean Baudrillard's Perspective

Satri Nuryulhaida, Septia Saputri, Silfia Hanani, Abdul Gaffar, Akdila Bulanov — Sat, 08 Jun 2024 00:00:00 +0700

This paper explores the phenomenon of online game addiction among rural teenagers in Nagari Supayang, West Sumatra, examining its influencing factors and effects. The findings reveal that online gaming addiction detrimentally affects academic performance and social relationships. Additionally, factors such as gender and the type of game played are identified as significant contributors to this addiction. The study seeks to propose effective strategies for addressing and mitigating this issue.

Islamic Epistemology And Political Dynamics In Indonesia Study Of The Thought Of Nurcholish Madjid

Gafnel, Busyro, Yaswirman — Wed, 05 Jun 2024 00:00:00 +0700

This article explores the correlation between Islamic epistemology and political dynamics in Indonesia with a focus on an in-depth examination of the ideas of Nurcholish Madjid, affectionately known as "Cak Nur." Nurcholish Madjid, as a renowned Muslim intellectual from Indonesia, has had a significant influence in developing innovative perspectives on the relationship between Islamic teachings and the political arena. The purpose of this paper is to reveal how Nurcholish Madjid's Islamic epistemology influences his perspective on the political sphere in Indonesia. Through an interdisciplinary approach that embraces the fields of Islamic studies, philosophy, and social sciences, a comprehensive analysis of Nurcholish Madjid's thought is conducted. Initially, the article details Nurcholish Madjid's views on Islamic epistemology, including elements such as ijtihad, contextual interpretation, and the relationship between reason and revelation. Next, there is an in-depth analysis of how Nurcholish Madjid epistemological foundation shapes his adopted approach to dealing with political issues in Indonesia, including but not limited to democracy, pluralism, and the role of religion in the public sphere. The analysis clearly shows that the Islamic epistemology that underpins Nurcholish Madjid's thinking plays a fundamental role in shaping his inclusive and innovative views on Indonesian politics. Nurcholish Madjid encouraged ideas such as democracy united by Islamic values, which is able to provide opportunities for all citizens regardless of religious or cultural backgrounds. His thinking also emphasized the urgency of contextual interpretation of Islamic teachings in response to the challenges of his time.

The Role of Fatwa in Resolving Contemporary Issues: An Overview of Authority, Implementation, and Its Impact

Heru, Herix, Agam Pratama — Sat, 08 Jun 2024 00:00:00 +0700

Fatwa, as an important instrument in Islamic law, plays a significant role in resolving contemporary issues in the Islamic world. This article provides an in-depth overview of the authority of fatwa, its implementation in everyday practice, and its impact on society. These various aspects are explored with reference to the Indonesian context, where fatwa holds strong influence in religious and social life. The authority of fatwa emanates from recognized religious scholars within the community. In Indonesia, the Indonesian Ulema Council (MUI) often serves as the official body issuing fatwas. However, the authority of fatwa is sometimes questioned, particularly in cases of controversy or disagreement among scholars. The implementation of fatwa can vary depending on social, political, and cultural contexts. Although fatwa is considered religious guidance, non-religious factors also influence how it is applied in society. The implementation process may also involve state institutions or other social bodies, which can either reinforce or undermine the authority of fatwa. The impact of fatwa is extensive on both religious and social aspects of society. In some cases, fatwa can influence government policies, individual behavior, or social dynamics in general. However, the impact of fatwa can also be controversial, sparking debates and conflicts within society. Further studies are needed to comprehensively understand the role of fatwa in contemporary society.

From Discipline to Dissemination: A Survey on the Development of Islamic Studies

Shri Asharaf A — Wed, 12 Jun 2024 00:00:00 +0700

This is inseparable from the fact that Islamic studies have undergone a long journey and have transformed and involved various explorations of very rich disciplines such as Islamic thought, culture, and history. This opens up opportunities to understand the complexity of the Islamic tradition. the spread of knowledge about Islamic studies also involves transformation. Collecting data from the development of texts on Islamic studies then analyzing the meanings and evaluations of the text. The discipline must continue to embrace the rich diversity of Islamic traditions, moving beyond the tellurocratic focus on the Arab heartland and recognizing the valuable contributions and narratives of Muslim communities across the Indian Ocean littoral and beyond.

Strengthening the Role of Islamic Studies for Harmonization and Peace

Mehmet Ozalp — Wed, 12 Jun 2024 00:00:00 +0700

the contribution of Islamic studies in seeking harmonization in spaces that have experienced disruption and the forms of change as a result of these conditions. This article will review the study of Islamic studies based on current themes that are human issues throughout the world. Muslim intellectuals involve themselves in resolving world conflicts through academic writings and studies in order to provide better information to the masses who are confused in facing today's problems. Second, conducting research on major issues that can threaten world peace. Harmonize the relationship between theology and Islamic law – theology informs Islamic law. Harmonize between old and new ijtihad in Islamic law – review old ijtihad to make it more relevant for contemporary life.

Legal Sociology Analysis Of Mui Fatwa No 83 Of 2023 Concerning Legal Support To The Palestine Struggle

Adriyeni — Thu, 06 Jun 2024 00:00:00 +0700

Many social movements have been carried out by the Indonesian people to show support for the struggle being carried out by the Palestinian people to get out of Israeli colonialism. Various social movements ranging from demonstrations to boycott movements for products made in Israel, were carried out massively by the Indonesian people. In the midst of this massive social movement, MUI was present by issuing MUI Fatwa No. 83 of 2023 concerning the Law on Support for the Palestinian Struggle. This research aims to analyze the birth of MUI Fatwa No. 83 of 2023 from a legal sociology perspective. This research is library research in which data collection was carried out through library searches. The collected data will then be analyzed using qualitative data analysis techniques. The results of this research show that MUI Fatwa No. 83 of 2023 concerning the Law on Support for the Palestinian Struggle is a legal product issued by the MUI which confirms the support of the Indonesian people for the struggle of the Palestinian people to escape Israeli colonialism. In it, it is explained that the law of supporting the struggle of the Palestinian people is obligatory for Indonesian Muslims and supporting military aggression carried out by Israel is unlawful. From the perspective of legal sociology, the birth of this fatwa was driven by the existence of social movements based on a sense of social solidarity in society which were carried out in various forms on a large scale. MUI Regarding this social phenomenon finally responded to issue MUI Fatwa No. 83 of 2023 as a form of support for social movements carried out by the community to show support for the struggle of the Palestinian people

Blasphemy Among Generation Z: Finding A Balance Between Freedom Of Expression And Tolerance

Yudi Wahyudi, Shahibul Khairat, Taufik Hidayat — Thu, 06 Jun 2024 00:00:00 +0700

Generation Z, born in the digital age, faces the challenge of balancing freedom of expression and religious tolerance. Freedom of expression is a fundamental human right, but there is a risk of blasphemy or insult to certain religions that can trigger controversy and conflict. This research aims to explore the problem of blasphemy among Generation Z and the efforts to create a balance between the principles of freedom of expression and religious tolerance. The results show that with a combination of education, dialogue, fair regulation, the role of the media, and the active participation of Gen Z can create a more tolerant and inclusive environment without sacrificing healthy freedom of expression. Generation Z has great potential to become agents of change by achieving harmony between these two equally important principles

Application Of The Teamwork Concept In Islamic Education

Salmi Wati, Hidra Ariza — Sat, 08 Jun 2024 00:00:00 +0700

Teamwork plays a crucial role in accomplishing an organization's objectives. In an organization lacking strong teamwork, besides increasing the likelihood of failure, the outcomes may fall short of expectations. Islamic education, as a system, must strengthen its collaborative efforts. With growing demands and fierce competition, relying solely on individual abilities, which are inherently limited, is insufficient for Islamic education actors.

The Relationship between Education and Entrepreneurship

Khairani Rahmaditha, Nadyya Zahratul Jannah, Supriadi, Gilang Virmanedi Putra — Sat, 08 Jun 2024 00:00:00 +0700

The involvement of education in shaping and influencing entrepreneurship has become an increasingly important research focus in modern entrepreneurship studies. This article explores the complex relationship between education and entrepreneurship, exploring different theoretical perspectives. From the perspective of innovative entrepreneurship theory, the role of education in facilitating the development of new and innovative ideas is debated. In addition, economic entrepreneurship theory provides insight into how effective education systems can stimulate economic growth through the development of entrepreneurial skills. In this context, Social Entrepreneurship Theory highlights the importance of education in preparing individuals to lead positive social change through entrepreneurial initiatives. Meanwhile, Psychological Entrepreneurship Theory considers the psychological factors that motivate individuals to pursue an entrepreneurial path, emphasizing the importance of education in building self-confidence, intrinsic motivation, and a proactive attitude. By taking these various theoretical perspectives into account, this article aims to provide a deeper understanding of how education and entrepreneurship are interrelated, as well as their implications in the context of human capital development and overall economic growth

Evaluation of the Character Education Strengthening Management Program At SMK Negeri 1 Batipuh

Sat, 08 Jun 2024 00:00:00 +0700

This research delves into the decline of the nation's next generation's character, attributing it to the lack of character formation from an early age. The primary focus lies on assessing the effectiveness of implementing Presidential Decree No. 87 of 2017 concerning Strengthening Character Education (PPK) at SMK Negeri 1 Batipuh, utilizing the CIPP program evaluation approach. The findings reveal that the school demonstrates a strong grasp of PPK within the Context component, with satisfactory preparation in the Input component, encompassing curriculum support, teacher human resources, facilities, and budget. Program implementation activities, including modeling, class-based activities, school culture, community involvement, and monitoring and supervision, are highly rated in the Process component. In the Product component, students' attainment of character values, evaluated through Religion and Civics education subjects, along with assessments of student and parent attitudes via questionnaires, meet high evaluation criteria. SMK Negeri 1 Batipuh has also attained numerous academic and non-academic accomplishments, underscoring the application of character values. This research constitutes a significant contribution towards enhancing the character education of the nation's next generation.

Building Social Harmony Through Islamic Education: Exploring Local Wisdom for Peace

Januar, Alfi Rahmi — Sat, 08 Jun 2024 00:00:00 +0700

Efforts to enrich students' learning experiences, strengthen cultural identity, and foster stronger relations between education and local communities have increasingly centered on integrating local wisdom into Islamic education. This research aims to assess the values of local wisdom, their relevance within Islamic educational contexts, their role in fostering peace and social harmony, and their integration into the Islamic education curriculum. The research methodology employs a qualitative approach involving literature reviews and case studies. The findings reveal that local wisdom values mirror community perspectives on life and mental attitudes, playing a pivotal role in fostering sustainable and harmonious societies. Integration of these values is deemed crucial for societal coherence. Incorporating local wisdom into Islamic education not only reinforces identity and enriches religious understanding but also expands horizons and upholds the continuity of Islamic culture. Moreover, local wisdom plays a vital role in strengthening cultural identity, promoting diversity, and mitigating social conflicts. Embracing values such as cooperation, deliberation, and mutual respect facilitates the achievement of peace and harmony within society. Recognizing the significance of local wisdom in addressing social conflicts can pave the way for equitable and sustainable solutions. Government support, manifested through policies, curriculum development, and teacher training, is essential for harnessing the potential of local wisdom effectively.