al-Mawarid Jurnal Syariah dan Hukum (JSYH)

KAFA'AH IN THE CONTEMPORARY RABITHAH ALAWIYAH COMMUNITY: THE PERSPECTIVE OF THE INDONESIAN ULEMA COUNCIL OF ASAHAN REGENCY

2025-01-04T03:15:59+00:00

Purpose - This research aims to analyze the concept of kafa'ah in the Rabithah Alawiyah community in Asahan and to find out the views of the Indonesian Ulema Council (MUI) of Asahan Regency on the marriage of Syarifah with non-Sayyid. In the Rabithah Alawiyah community in Asahan, which still upholds the values of the descendants of the Prophet Muhammad SAW (Ahlul Bait), the concept of kafa'ah is often associated with the prohibition of marriage outside the Sayyid or Syarifa'h community.

Methods - This research uses empirical legal methods with a qualitative approach. Data were collected through observation, interviews, and documentation with MUI Asahan Regency, members of the Rabithah Alawiyah community, and individual Syarifahs and Sayyids. Analysis was conducted by exploring legal facts directly to obtain accurate data.

Findings - The results showed that in the Rabithah Alawiyah community in Asahan, Syarifah's marriage with non-Sayyids is considered to damage the nasab and not maintain family honor. This is not only because of kafa'ah considerations but also as an effort to preserve the purity of the Prophet's lineage in the contemporary era until the end.

Contribution/Limitation of Research - This research provides an understanding of the dynamics of kafa'ah in the Rabithah Alawiyah community and its relevance to contemporary Islamic family law. However, this research is limited to the community in Asahan, so the findings cannot be generalized to other regions.

Originality/Value - This research offers a contemporary Islamic Family law perspective on kafa'ah in marriage. The findings can serve as a reference for Islamic law academics and practitioners in understanding the concept of kafa'ah in the modern social context.

CUSTOMARY DELIBERATION IN CONTEMPORARY ISLAMIC LAW: EXAMINING THE IMPLEMENTATION SYSTEM OF WEST MALALAK KENAGARIAN IN INDONESIAN FIKIH AND SIYASAH DUSTURIYAH

2024-12-13T02:42:17+00:00

Purpose - This research analyzes the Nagari system of governance in West Sumatra as an independent customary law system rooted in family and blood relations. In addition, it examines the respect for this system in its day, including by the Dutch colonial government, and its impact on modern regulation. Contemporary Islamic law is also examined in supporting or criticizing this system, particularly concerning justice, deliberation, and leadership.

Methods - This research uses a qualitative method with an empirical juridical approach and descriptive analysis. Data were collected through direct observation and recording of social and legal phenomena in Nagari communities.

Findings - The results showed that West Sumatra is a village-based customary law society with a unique organizational structure now regulated in Law No. 6 of 2014. The democratic system of the Minangkabau Nagari Community has the disadvantage of being hereditary, which can inhibit more inclusive leadership dynamics. Its political structure tends to be paternalistic, influencing patterns of governance and decision-making.

Contribution/Limitation - This research helps to understand the dynamics of the Nagari government system in the context of customary law and the challenges of modernization. In addition, it examines the relevance of this system to contemporary Islamic legal principles, particularly in social justice, leadership transparency, and community participation. However, this research is limited to analysis in West Sumatra and does not include comparisons with other regions.

Originality/Value - This research provides insight into the sustainability of the Nagari government system in the face of modern regulations and social dynamics, as well as its relevance in contemporary Islamic law.

K.H. HASYIM ASY'ARI AND INDONESIAN FIQH: SOCIO-COMMUNITY ANALYSIS IN BOOK ARBA'IN HADITHAN IN RESPONSE TO CONTEMPORARY ISSUES

2024-10-22T06:10:37+00:00

Purpose - This study aims to analyze the societal principles of K.H. Hasyim Asy'ari (1871-1947 CE) in his monumental work, Arba'in Hadithan Tata'allaq bi Mabadi Nahdlat al-Ulama. The main focus of this study is how the traditions collected in the book represent social principles and their relevance in contemporary Islamic law and fiqh of the archipelago. The study also explores the tradition of writing forty hadith in Islamic history and the contribution of K.H. Hasyim Asy'ari in enriching the intellectual treasures of Islam in Indonesia.

Methods - This research uses the content analysis method with a qualitative approach. The data were analyzed systematically to identify the social principles summarized in the Book of Arba'in Hadithan. This research also pays attention to the historical aspects of hadith codification and the development of Islamic thought in the archipelago.

Findings - The study results showed that the tradition of writing forty traditions has been going on since the beginning of the codification of hadith until the time of K.H. Hasyim Asy'ari. The Book of Arba'in Hadithan contains societal principles that emphasize the values of togetherness, justice, and welfare. The hadiths discussed in this book are relevant to contemporary Islamic law and Indonesian fiqh.

Contribution/Limitation - This research contributes to understanding the relevance of K.H. Hasyim Asy'ari's thoughts to contemporary Islamic law, especially in Nusantara fiqh. However, this research is still limited to analyzing the Arba'in Hadithan book and has not examined comparisons with other books.

Originality/Value - This research enriches the insight into the writing tradition of Nusantara scholars and their contributions to Islamic law. The findings can be a reference for academics and practitioners studying Indonesian fiqh.

MAQĀṢID AL-SHARĪʿAH AL-SHATIBI IN THE DIGITAL ERA: CONTEMPORARY PERSPECTIVES ON HALAL LIFESTYLE AND TECHNOLOGY IN INDONESIA

2025-01-02T07:05:22+00:00

Purpose - This research aims to analyze the application of Maqāṣid al-Sharīʿah principles according to al-Shatibi in the context of the halal lifestyle in the digital era. The main focus of this research is how digital technology, such as halal e-commerce platforms and digital halal marker applications, can facilitate access and transparency of halal products. In addition, this study examines the relevance of Maqāṣid al-Sharīʿah principles in the contemporary Islamic legal framework in facing the challenges of regulation and validity of halal information.

Methods - This research uses a qualitative method with a literature review approach and case analysis. Data is collected through literature studies related to digital halal regulations and studies on technology implementation in supporting halal lifestyles.

Findings - The results show that digital technology plays a role in strengthening halal lifestyles through innovations that increase accessibility and transparency. However, challenges such as unverified information, evolving regulations, and potential deviations from Shariah principles must be addressed. Collaboration between government, industry, and society is key to overcoming these challenges.

Contribution/Limitation - This research contributes to understanding the relationship between Maqāṣid al-Sharīʿah, digital technology, and contemporary Islamic law in supporting halal lifestyle. However, this research is still limited to literature analysis and does not include empirical research on halal technology users in Indonesia.

Originality/Value - This research offers new insights into the integration of technology in the principles of Maqāṣid al-Sharīʿah in contemporary Islamic law.

THE DYNAMICS OF ISLAMIC FAMILY LAW IN THE MODERN ERA: AN ANALYSIS OF TAGHAYYUR AL-FATWĀ AND AL-MUḤĀFAẒAH IN THE CHANGING MARRIAGE AGREEMENT PROVISIONS IN INDONESIA

2025-02-24T01:28:48+00:00

Purpose: This study analyzes the application of the fiqhiyyah rules taghayyur al-fatwā and al-muḥāfaẓah in the context of changing marriage agreement provisions in Indonesia, specifically in the Regulation of the Minister of Religious Affairs Number 19 of 2018 (PMA 19/2018). The taghayyur fatwa rule refers to the flexibility of the fatwas, which can change according to the needs of society. Al-muḥāfaẓah emphasizes the importance of maintaining good old values while adopting new opinions that are more relevant and contextual. These two principles became the primary analytical framework for evaluating the dynamics of changes in marriage agreements in PMA 19/2018. These changes are inseparable from the challenges of the modern era, such as issues of gender equality, the protection of women's rights, and legal certainty in marriage.

Methods: The research used a normative juridical method with a legislative approach. Data sources were obtained from libraries through legislation, books, and related articles.

Findings- This study shows that the application of the rules of taghayyur fatwa and al-muḥāfaẓah in PMA 19/2018 reflects an effort of ijtihad to balance between maintaining the fundamental values of Islamic law (al-muḥāfaẓah) and accommodating the changes and dynamics of modern society (taghayyur fatwa). This change can be seen in the flexibility of the time needed to make a marriage contract, which could only be done before or during the marriage but can now be done during the marriage.

Contribution/Limitations- PMA 19/2018 is a form of legal response to the development of modern society while ensuring that marriage law remains relevant, fair, and follows the principles of justice in Islam. Thus, PMA 19/2018 is proof of the adaptation of Islamic family law to contemporary challenges. The limitations of this study lie in its normative focus, without an empirical field analysis.

Originality/Value- This research offers a family law perspective on the dynamics of modern society in dealing with contemporary issues, which can be a reference for academics and legal practitioners.

GUIDANCE ON MARRIAGE AND ISLAMIC FAMILY LAW: STRENGTHENING FAMILY RESILIENCE IN FACING THE DYNAMICS AND COMPLEXITIES OF CONTEMPORARY FAMILIES

2025-01-02T07:00:18+00:00

Purpose - This study aims to analyze the implementation of marriage guidance in the Religious Affairs Office (KUA) of the East Padang Sub-district and identify the inhibiting factors. This study also examines the relevance of marriage guidance from the perspective of contemporary family law, especially in improving family resilience by understanding the rights and obligations of husbands and wives.

Methods: This research is qualitative field research. Data were collected through interviews with the Religious Affairs Office Staff, prospective brides, and other resources involved in marriage guidance. The descriptive analysis method was used to understand the implementation patterns and constraints of this guidance program.

Findings - The results showed that marriage guidance at the Religious Affairs Office (KUA) of East Padang Sub-district was conducted one week before the marriage contract. The material presented includes household development, responsibilities and obligations of husbands and wives, educating children, and worship in the household. The delivery of the material involved the KUA, the Health Office, BKKBN, religious counselors, and traditional leaders using lectures, questions and answers, and discussions. The main inhibiting factors were the discipline of the bride and groom and a lack of awareness of the importance of marriage guidance.

Contributions/Limitations - This study contributes to understanding the role of marriage guidance in building family resilience when facing challenges in the contemporary era. The findings can serve as a reference for policymakers seeking to improve the effectiveness of marriage guidance in Indonesia.

MODERNIZING ISLAMIC JUDICIAL ADMINISTRATION IN THE CONTEMPORARY ERA: AN ANALYSIS OF RESPONSIVE LAW AND SIYĀSAH IDĀRIYYAH

2025-02-12T11:01:53+00:00

Purpose – This study analyzes the implementation of electronic trial administration in Religious Courts using the responsive law theory approach. It examines its policies from the perspective of siyāsah idāriyyah to assess their alignment with the principles of effective and just judicial governance.

Methods – The study employed library research using a descriptive-analytical approach. It focuses on the bureaucracy of Religious Courts in Indonesia, particularly the implementation of electronic courts within the Religious Court System of the Supreme Court of Indonesia. Data were collected through a literature review from primary sources, namely the Supreme Court Regulations (PERMA) No. 1 of 2019 and No. 7 of 2022, and secondary sources, such as books, journals, and related regulations. The analysis used a qualitative descriptive method with an inductive approach to draw conclusions based on the interrelationships among the data.

Findings – This study finds that digitalizing religious court administration through e-courts is a strategic step toward building an adaptive and responsive legal system. In addition to improving efficiency, digitalization reflects the principles of responsive law and expands access to justice, especially for underprivileged groups. However, the digital divide and data protection must be addressed. From the perspective of siyāsah idāriyyah, it is essential to maintain the relevance of the judiciary to modern needs, without disregarding Islamic law. With fair policies and proper management, e-courts can strengthen a contemporary, inclusive religious court system that aligns with Islamic and national law.

Research contribution/limitations – This research contributes to the study of Islamic law and the judiciary by highlighting the role of e-court digitalization. Theoretically, it expands the understanding of responsive law in the context of siyāsah idāriyyah. These findings can serve as a policy foundation to enhance the inclusivity and effectiveness of e-court in providing access to justice.

Originality/value – This research examines the digitalization of religious courts from the perspective of responsive law and siyāsah idāriyyah, which has rarely been the primary focus of previous studies.

JUDGES' CONSIDERATIONS IN DIVORCE CASES DUE TO BROKEN MARRIAGE: AN ANALYSIS OF CONTEMPORARY ISLAMIC FAMILY LAW

2025-02-15T17:29:14+00:00

Purpose - This study aims to analyze the implementation of Supreme Court Circular Letter (SEMA) Number 1 of 2022 in divorce cases at the Yogyakarta Religious Court, especially in case Number 119/Pdt. G/2024/PA.YK using Contemporary Islamic Family Law. This regulation stipulates formal requirements for divorce, including the provision of a minimum of six months of separation from home for couples who apply for divorce on the grounds of continuous disagreement (broken marriage). This study examines the judge's reasoning in granting a divorce, even though these requirements have not been fully met.
Method - Normative legal methods are used with a document study approach or literature research. This study focused on the decision of Yogyakarta Religious Court Number 119/Pdt. G/2024/PA.YK. The analysis focuses on court decisions with permanent legal force to understand the application of regulations in judicial practice by analyzing them using maqāṣid al-sharī‘ah theory and Judge Discretion theory.
Findings - The results showed that even though the six-month separation requirement had not been met, the panel of judges still granted divorce because the dispute had not subsided (broken marriage), and there was no hope for reconciliation. This indicates flexibility in applying SEMA Number 1 Year 2022 following the actual conditions of the disputing couple.
Research contribution/limitations - Theoretically, this study enriches the contemporary Islamic family law literature and provides insights into policies in Religious Courts. This study offers policy recommendations for applying SEMA No. 1 in 2022 to increase legal certainty in divorce cases. However, the limitation of this research is that its scope is limited to one particular case; therefore, further research with a broader scope is needed.
Originality/value - The originality of this research lies in the empirical analysis of the implementation of SEMA No. 1 of 2022 in recent divorce cases, which has not been specifically studied. This study contributes to the development of contemporary Islamic legal theory and provides practical solutions for the world of justice and family law policies in Indonesia.

CONTEMPORARY IJTIHAD METHOD IN DETERMINING SHARIA BUSINESS LAW: ADDRESSING LEGAL NEEDS IN AN ERA OF ECONOMIC AND TECHNOLOGICAL CHANGE

2025-03-11T02:30:04+00:00

Purpose - Contemporary ijtihad methods have emerged in response to the need to update and adapt Sharia law to the times. An adaptive and innovative approach is required to ensure the applied law remains relevant and meets societal needs. This research explores the method of contemporary ijtihad in determining Sharia business law in depth.
Method - This research is library research with a descriptive normative approach. The research data were sourced from secondary data with documentation data collection techniques that were collected continuously until it reached saturation. The data analysis is studied through several steps, starting with data reduction and ending with data presentation and conclusion drawing.
Findings - The contemporary ijtihad method in determining Sharia business law is essential for addressing Muslims' legal challenges in the modern era. In this context, ijtihad relied on classical traditions and considered social changes, culture, and scientific developments. Various methods, such as tarjihi, insya'i, and integrative ijtihad, have been used to formulate laws that suit the needs of society. These methods allow mujtahids to explore and apply Sharia principles in contemporary business contexts such as e-commerce transactions, insurance, and investment. Thus, contemporary ijtihad plays a crucial role in ensuring that Sharia business law remains relevant, dynamic, and in tune with the people's interests while adhering to the basic principles of Sharia.
Research Contributions/Limitations - The research findings are essential to developing flexible and contextual Islamic legal thinking and highlighting Islamic business law issues that have not been explicitly regulated in classical texts to address the dynamic challenges of Islamic business. However, the research study is limited to Muslim-majority countries so that it can be different from countries with a more pluralistic legal system.
Originality/Value - This research connects contemporary ijtihad with the practical needs of Sharia business law in the modern world to offer theoretical solutions and real applications that are useful for practitioners and academics and contribute to the application of Sharia business law that is relevant and responsive to changing times.
Keywor

MAPPING CONTEMPORARY ISLAMIC LEGAL THOUGHT IN INDONESIA: A DIALOG BETWEEN FIQH AND THE CULTURE OF THE ARCHIPELAGO

2025-02-24T02:05:44+00:00

Purpose - This research examines the dynamics of Islamic legal thought in contemporary Indonesia concerning the cultural wisdom of the archipelago. This research aims to understand how sociopolitical changes, modernization of the Islamic education system, and awareness of local identity affect the acculturation process of Islamic law with local cultural values.
Methods - This research uses historical-anthropological and socio-juridical approaches with qualitative methods. Data collection techniques included literature studies, historical document analysis, and in-depth interviews with 15 contemporary Islamic law thinkers in Indonesia.
Findings - The results showed that Islamic fiqh in Indonesia underwent a process of adaptation through dialog with the local culture. Concrete examples of this acculturation include (1) inheritance division practices that accommodate customary law, such as the gono-gini system in Javanese society; (2) marriage rituals that combine elements of sharia with local traditions; and (3) the implementation of zakat, which is adjusted to the traditional economic system, including zakat on agricultural products that vary according to regional customs.
Contribution/Limitations - Theoretically, this research enriches the study of Islamic law by highlighting the role of 'urf (custom) as a secondary source of law. This research provides input for formulating fatwas and Islamic law legislation responsive to the Indonesian sociocultural context. The limitation of this study lies in the scope of the area, which is still limited to specific case studies.
Originality/Value - This research contributes to understanding how Islamic law can be contextualized in a multicultural society. It also opens up space for further exploration of the role of fatwa institutions and legal policies in responding to social dynamics in Indonesia.