Muslim Law Research Articles

Shifting Paradigms: The Controversy and Complexity of LGBTI Protection in Indonesia as the Biggest Muslim Country

The existence of Lesbian, Gay, Bisexual, Transgender, and Intersexual (LGBTI) as a legal subject in a religious community like Indonesia is very problematic. When religious values control a community, the members will use their holy books to measure whether any commotion or condition is tolerable. Collisions between the law of religion (such as Sharia Law of Muslims) and national law are sometimes unavoidable. Most conservative religious values may not protect and acknowledge the existence of LGBTI people, while national law must recognise the ratified international conventions, especially regarding human rights. It creates a different treatment between national law and religious law. Protection of the rights of LGBTI in Indonesia is barely reported. This study will be important to share how Indonesia copes with LGBTI legal problems and protections. The method of this study is a juridical normative study, by evaluating Indonesian positive law, the living law ruled by the Indonesian Court Decrees, and any decree or decision made by Indonesian executive and judicative bodies, which become the basis for determining the existence of rights and protections of LGBTI people. Classification of the protection from various sectors of laws will be identified, to conclude the protection level of LGBTI people in Indonesian law. Keywords: LGBTI; Indonesia; Positive law; Religious values.

The Role of Women in Family Economy in Kalipurwo Village: A Social and Islamic Economic Analysis

This research was inspired by the shift of rice fields in Kalipurwo Village, Kuwarasan District, Kebumen Regency into kale farms, with many women working as kale farm laborers to support their families. The study aims to explore why women choose this work, their role in improving household income, and to assess Islamic economic justice for these workers. Using a descriptive qualitative approach, interviews were conducted with randomly selected informants. The findings reveal that women work as kale farm laborers due to necessity, fluctuating perceptions, lack of skills, and education. Their contribution is evident in household needs, such as supplementing their husband's income and covering daily expenses and school fees. The Islamic justice review highlights issues in licensing, wages, and spending. The study calls for government support to empower female workers and develop the farming sector.

Application of The Principle of Justice in Islamic Civil Dispute Resolution in Indonesia

This article discusses the application of the principle of justice in the resolution of Islamic civil disputes in Indonesia by using qualitative methods through literature studies and research in libraries. Justice is one of the important aspects in the resolution of Islamic civil disputes to ensure that individual rights are defended in accordance with the principles of fair and balanced Islamic law. This study explores various sources of literature related to Islamic civil law practice, justice, and dispute resolution in Indonesia. In the context of Islamic civil law, justice refers not only to compliance with formal law, but also to the moral, ethical, and social justice aspects that underlie Islamic teachings. This article reviews the concept of justice in Islam which includes individual rights, protection of the public interest, and dispute resolution mechanisms that prioritize mediation and peace. The results of the study show that the application of the principle of justice in Islamic civil dispute resolution in Indonesia still faces various challenges, such as obstacles in the implementation of the law, a culture of conflict resolution, and limited access to the judicial system. Nevertheless, measures to improve justice in Islamic civil dispute resolution continue to be developed, including through increasing understanding of Islamic law, training for law enforcement officers, and promoting alternative dispute resolution that is deliberative.

EXISTENCE OF RISALATUL QADHA UMAR BIN KHATTAB IN THE ISLAMIC JUDICIAL SYSTEM INDONESIA

Umar bin Khattab was the first person to make a regulation separating executive power and judicial power. The regulation is known as 'Risala al-Qadha' whose contents contain several legal principles which basically refer to the principles of justice, Risala al-Qadha which is the thought of Umar bin Khattab is one of the proofs that Islam left civilization of high value and also proves that Muslim intellectuals have thoughts that lead to the future. This paper aims to analyze the concept of risalatul qadha Umar bin Khattab; know ijitihad ever done by Umar bin Khattab; and knowing the contribution made by Umar Bin Khattab to the Islamic justice system. This study is a qualitative study with a type of library research. The results of the study show that the important points of the qada treatise 'are: Justice is an obligation that must be obeyed; Judges must be fair; The judge reconsidered his decision, Ijtihad Umar bin Khattab in the field of justice; do not punish the cutting off of hands for perpetrators of theft, do not throw away adulterers who are still girls, while the contribution made by Umar Bin Khattab is to make the court an independent institution, giving the judiciary a special authority. Umar was also the first to appoint regional judges who had high independence and autonomy.

A Sense of Justice: Coloniality and the Islamic Legal Tradition

A Sense of Justice: Coloniality and the Islamic Legal Tradition

Eksistensi Taqlid dalam Konteks Pengalaman Keagamaan di Era Kontemporer

The practice of taqlid is part of the Islamic legal tradition which has an important role in maintaining legal consistency and stability during the classical period. However, in the context of modern times, the practice of taqlid faces various problems, such as legal rigidity, madhhab fanaticism, and excessive dependence on ulama. The subject of this research focuses on the nature and law of taqlid as well as the existence of taqlid and Islamic law in the contemporary era. This research uses a type of normative research, a qualitative approach with a literature review method that involves searching, collecting and in-depth analysis of various references from books and scientific journals. This reference specifically discusses reflections on ushul fiqh in the context of taqlid, including related issues. The results of the research show that taqlid is divided into two according to the ulama, there are those that are forbidden or not allowed and there are also those that are permitted. Because basically taqlid is haram, but we see a phenomenon in society, that not all people can perform ijtihad on their own, so scholars divide two types of taqlid, namely those that are forbidden and those that are obligatory. It is haram for people who are capable of ijtihad but obligatory for ordinary people. Therefore, there needs to be an effort to improve religious education that emphasizes the ijtihad method, as well as encouraging the renewal of Islamic law that is relevant to current developments. In this way, taqlid can be carried out in a moderate and balanced manner, while still opening up space for dynamic and contextual ijtihad.

The Rising Religious Extremism and Mob violence in Nigeria

Before the emergence of Boko haram terrorist group in the early 2000s, religious extremism in Nigeria had sparked large scale crises in Kaduna and Plateau among other states in the country. Since the inception of the Nigerian fourth republic, such crises have been undermining public safety and by implication, the country’s quest for national integration and sustainable development. In the light of a mob violence that resulted in the gruesome murder of a college student who allegedly uttered blasphemous comment, this paper examined the rise of religious extremism in Nigeria. Looking beyond human security threats like poverty and illiteracy, the paper utilised desk review of published documents to establish the historical and political factors that sowed in the country, the seeds of religious extremism now germinating. The paper found that the nature of the pre-colonial empires that now make up the Nigerian state coupled with colonial and post-colonial factors including the dissipation of knowledge on Islamic justice system, competition over political powers and the politics of divide and rule have converged to make religion a volatile phenomenon in the country. Therefore, the paper concludes that until the multidimensional factors are addressed through mitigating and preventive efforts—such as robust religious education, religious regulation, interreligious dialogue and economic empowerment—the country’s quest for ‘peace, justice and strong institutions’ among other Sustainable Development Goals (SDGs) will remain a mirage.

Prevention of Falsification of Polygamous Marriage Identity in Lampung Province and Its Contribution to the Reform of Islamic Family Law in Indonesia

This article examines the problem of identity forgery in polygamous marriages in Lampung Province. This case arises because the husband is not open to the first wife and the strict regulations regarding polygamy. The purpose of the research is to analyse identity forgery from the perspective of Islamic law and positive law as well as preventive efforts that can be made as an Islamic family law reform in Indonesia. The method used is qualitative, with a case study approach, type of field research, data collection techniques, through observation, interviews and documentation. Interview respondents from the Head of the Lampung Province Religious Affairs Office, religious leaders and six perpetrators of marriage identity forgery. The findings show that identity forgery is done to trick the wife and the KUA, and violates the principles of justice in Islam and Marriage Law No. 1 of 1974. Prevention efforts involve increasing public awareness, the capacity of registration agencies, and revising stricter regulations. The conclusion states that these measures can prevent identity forgery and strengthen law enforcement, as well as contribute to a more just and transparent reform of Islamic family law.

Leveraging Qardh al-Hasan within Islamic Finance: A Conceptual Framework for Advancing Sustainable Development among Early-stage Enterprises

Early-stage enterprises significantly contribute to economic development through innovation, job creation, and productivity enhancement. However, these enterprises face substantial financial challenges, particularly in securing capital that adheres to ethical and Sharia-compliant principles. This paper investigates the use of Qardh al-Hasan, an altruistic loan concept in Islamic finance, as a strategic tool for supporting sustainable development initiatives within early-stage enterprises. By leveraging Qardh al-Hasan, which embodies social solidarity and economic justice in Islam, the study proposes a conceptual framework to enhance entrepreneurial resilience and sustainable business practices among nascent businesses. Employing a descriptive analysis and a framework-based review, the research explores strategies to optimize Qardh al-Hasan in financing early-stage enterprises, positioning it as an effective mechanism for addressing sustainability challenges. Key findings reveal Qardh al-Hasan’s potential in fostering sustainable development, while highlighting practical challenges such as default risk, management issues, and liquidity requirements. The analysis indicates a deviation of many Islamic financial institutions from the social objectives of Islamic finance, prioritizing economic growth over holistic development. The theoretical implications enhance the understanding of Qardh al-Hasan’s role in achieving economic and social justice, while practical implications advocate for its integration into modern financial systems to support entrepreneurship and reduce social inequality, emphasizing the need for adequate management and supranational support. This paper’s novelty lies in its innovative approach to repositioning Qardh al-Hasan within contemporary Islamic finance, proposing a comprehensive model that addresses both theoretical and practical challenges, thus advancing the sustainable development objectives of Islamic finance by integrating underprivileged segments into the formal economy. Keywords: Sustainable development, Qardh al-Hasan, Islamic finance, early-stage enterprises.

BONA VACANTIA IN WEST MALAYSIA: ISSUES AND CHALLENGES

This paper examines the concept of bona vacantia, or ownerless goods, in West Malaysia, probing into legal, practical, and societal perspectives. It highlights the differences in handling these assets under Islamic law (Sharia) for Muslims and civil law for non-Muslims, with the former reverting ownerless assets to Baitulmal and the latter managing them through the federal government or state authority. This paper highlights the inefficiencies and inconsistencies in bona vacantia administration, which leads to fragmented legal provisions, administrative variances, and challenges for small estate claims. Furthermore, a lack of data on ownerless estates exacerbates these problems. It thoroughly analyses the legal framework, issues and challenges using a qualitative approach, based on a literature review and interview with the Unclaimed Money Management Division (BWTD). The study was also conducted using a library research approach, incorporating qualitative exploratory and descriptive methodologies. Data analysis was performed through content analysis. Bibliographic references encompass information obtained from various mediums including journals, conference proceedings, and online media. The conclusion advocates the need for collaborative efforts among stakeholders to address these challenges and develop standardised procedures and policies. The integration of multiple disciplines is essential for developing efficient strategies and solutions to handle ownerless properties. We anticipate that this collaborative endeavour will be a critical milestone in addressing the complexities of bona vacantia management.

Adaptation of Sharia Law to Russian Criminal Law by Population of Western Turkestan and Siberian Bukharans in Late 18th — Early 20th Centuries

This article examines the state policy of aligning Muslim law with Russian legislation in different cultural-historical contexts. It is demonstrated that the implementation of this mechanism was carried out among the Siberian Bukharans in the late 18th century, and from the second half of the 19th century, these methods were applied to Western Turkestan under the protectorate of the Russian Empire. Sources include documents from the Central State Archive of the Republic of Uzbekistan and the State Archive of the Tyumen Region in Tobolsk. The re-search methodology is based on the systems theory of K. L. von Bertalanffy, utilizing comparative-historical and comparative-legal research methods. The authors conclude that the dissonance between Russian legislation and Western Turkestan not only reflected differences between two distinct legal systems and religious-legal cultures but primarily highlighted the gap between medieval and contemporary legal concepts for that time. The adaptation of Western Turkestan to Russian legislation shaped unified legal concepts and paved the way for transforming the multi-confessional population of the Russian Empire into a unified civic entity. This laid the groundwork for the coexistence of Uzbekistan and Russia within the USSR and later facilitated the development of an independent Uzbekistan using legislation closely aligned with Russian and European legal systems.

Exploring the Application of Evidence in Court in Islamic Justice

Exploring the Application of Evidence in Court in Islamic Justice

Building a Dream School: Integration of Alternative Inclusion Natural Schools Education centered on Children With Special Needs Based on the Quran and the Sunnah of the Prophet

Education in Indonesia is still not fully inclusive for children with special needs. Forest schools and inclusive schools offer alternative approaches that focus on holistic and inclusive learning. This research aims to explore the concept of forest school and inclusive school integration to create an innovative dream school. The research method used was qualitative with an analytic descriptive approach. Data collection involved direct observation as well as literature study from books, documents and reputable journals. After the data is collected and grouped according to the data, data analysis will be carried out by applying an analytical descriptive approach, this is to get a comprehensive and in-depth understanding of the phenomenon or concept that is the focus of this research. The results of this study indicate that the integration of forest schools and inclusive schools based on the Al-Quran and Sunnah of the Prophet offers a holistic and inclusive education model. By combining outdoor learning and an inclusive approach, children with special needs can experience a supportive and motivating learning environment, in accordance with the principles of justice and compassion taught in Islam.

Dynamics of Indonesian Islamic Law: Its Role and Impact on the Political and Legal System in Indonesia

<p><span>Indonesia, as the country with the largest Muslim majority in the world, has a rich and diverse Islamic legal tradition that continues to evolve over time. This research analyzes the dynamics of the role of Islamic law in Indonesia and its impact on the country's political and legal system. This research uses a normative legal approach by examining in depth the relevant legal content, identifying patterns of change, challenges and opportunities in the implementation of Islamic law in the political and legal context in Indonesia. The research results show that the role of Islamic law in the political and legal system in Indonesia is truly significant. Islamic law not only provides a moral and ethical basis for the formation of inclusive and just political policies, but also aligns the national legal system with Islamic values held by the majority of society. In addition, Islamic law provides specific guidelines in regulating various aspects of daily life, strengthens the legitimacy of the political system, empowers Muslim communities in the political process, and provides alternative dispute resolution based on the principles of Islamic law. The impact is enormous, not only reflecting the diversity and plurality of Indonesian society, but also strengthening the legal foundations that are inclusive, just and harmonious in creating harmony between citizens.</span></p>

Kedudukan Harta Gono-Gini dalam Pembagian Harta Waris Menurut Hukum Islam

Marriage is a universal rule that applies to all creatures, including humans, animals and plants, as a way to reproduce and maintain life. In Islam, marriage means a contract between a man and a woman's guardian which makes sexual relations halal. A marriage can end due to death, divorce, or court settlement. Divorce is seen as the final step if the relationship cannot be repaired, and in the Qur'an and Hadith, there are no detailed provisions regarding the divorce process, so the law can be adjusted to the situation. One of the consequences of marriage is the existence of, Common Property Treasure acquired during the marriage, and must be managed responsibly by husband and wife. This concept is regulated in Indonesian laws and regulations, such as the Marriage Law, Civil Code, and the Compilation of Islamic Law., Common Property Treasure includes wealth acquired during marriage and belongs jointly to husband and wife, while inherited property is wealth owned before marriage. The issue of, Common Property Treasure has not been widely discussed in classical jurisprudence studies, but in the modern context, this has become important to ensure justice in Division of assets in case of divorce. Islamic law allows the distribution of assets through deliberation or court decisions if necessary. The concept of community property supports the fair distribution of wealth between husband and wife, in accordance with the principles of justice in Islam.

Modernization and Legal Reform: Muslim Minors and Freedom of Marriage in India

Abstract This article presents a regional study of the mechanics of modernization and liberalization of Muslim law in India. I explore these themes by focusing on how Indian courts, over nearly two centuries, interpreted the Islamic doctrine of khiyār al-bulūgh—the right of a minor to repudiate her marriage upon attaining majority. I also revisit the legislative debates that occurred during the codification of this doctrine into the Dissolution of Muslim Marriages Act, 1939. I identify two paradoxes from this history: first, that the liberalization of religious laws has been achieved at least as reliably and stably through judicial failures—errors, amnesia, indolence and ineptitude—as through deliberate legislative and judicial interventions; and second, that the recent overlaying of religious laws with “liberal-secular” laws in India has resulted in the consolidation and intensification of patriarchal authority over adolescent sexuality—an authority that had been scattered and loosely articulated under the regime of “purely religious” laws.

Communication Strategy for Deliberalization of Islamic Thought at UNIDA Gontor

Liberalism, when viewed from its development, has two main streams that mutually use the term liberal. Classical liberalism or economic liberalism emphasizes individual freedom in carrying out activities in the economic field, and social liberalism, emphasizes the state's role in defending individual rights, usually formed as anti-discrimination laws. In addition to the trend of liberalization which emphasizes economic, political, and social rights, liberalism is also found in the field of religious thought. Indeed, liberalism in Western civilization's social and political fields has slowly separated religion from social and political affairs. Religion has no place in social and political interests. Concepts such as pluralism, multiculturalism, feminism, gender equality, democratization, humanism, freedom, and human rights are several layers of elements in the liberalization movement. Even theses and dissertations in Islamic universities are written to seek Islamic justification for these concepts. To stem this massive liberalization movement, researchers take the example of preventing the liberalization of Islamic thought in Islamic tertiary institutions, namely at the University of Darussalam (UNIDA) Gontor. This type of research is qualitative, with in-depth interview data collection techniques, and data analysis techniques namely triangulation of data sources (results of interviews and previous research). The result of this research is that UNIDA Gontor uses a curriculum based on the Islamization of Science. In addition, Islamization activities are also carried out through weekly student discussions guided by mentors, bi-weekly studies for lecturers and staff, scientific papers written by students and lecturers, and community service activities.

Concept of Islamic Law Enforcement In the History and Practice of Islamic Justice

Upholding justice in social life has an important meaning in one of the efforts to build a high and dignified national civilization. Justice is carried out by judicial institutions. The performance of our courts or justice system is far from satisfactory, which results in a sense of comfort and happiness for justice seekers. Court decisions only create decisions that are procedurally fair. Likewise, court decisions seem more likely to favor parties who have money and power. Access to justice that should be equal for all levels of society cannot be achieved, so only elite people can enjoy it. In administering the judicial process, Islamic law aims to enforce law and justice proportionally based on Islamic Sharia. The growth and development of Islamic justice is a product of interactions within the social system, including with existing judicial institutions. Law enforcement in Indonesia does not synergize with each other in realizing justice. This is due to the position and standing of legal institutions where the function of investigation and prosecution is under executive power, while the function of adjudicating and deciding is under the Supreme Court. This causes a tendency to protect the interests of their respective institutions rather than law enforcement efforts in the public interest. The problem formulation in this paper is what is the concept of law enforcement in Islamic law in the practice and history of Islamic justice? The conclusion is:The concept of law enforcement in Islamic law does not differentiate between civil and criminal cases. Law enforcement includes material law and formal law. Material law originates from the Al-Qur'an, As-Sunnah and Fiqh.

Konservasi Keanekaragaman Hayati dalam Islam

Biodiversity is one of the components of the environment which plays an important role in shaping the ecosystem that provides life support on Earth. For that reason, the efforts to provide protection is necessary. Islam is very much aware of the important role of biodiversity, therefore Islam have participated in biodiversity conservation through Islamic thought. The conservation of biodiversity in Islamic thoughts is shown through various rules sourced from the Qur’an, hadith and fatwas of para. Indonesia as a country with the second largest biodiversity in the world and a country with the largest Muslim majority population in the world has an important role to play in developing and utilizing Islamic legal traditions in the conservation of biodiversity.
 Keywords: Conservation, Biodiversity, Islam

Waqf—The Muslim endowments in India: ideological and legal intricacies

Abstract Waqf is the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable. Making waqf is considered a virtuous act in Islam. As a result, Muslims established auqaf wherever they lived. Apart from agricultural, commercial and residential properties, waqf in India includes functional/non-functional mosques, darghās (tomb or shrine of Muslim saint), khanqahās (building or space for Sufi brotherhood), maqbaras (tombs), ashoor-khanās (mourning place for Shias), qabristāns (graveyards), idghās (space to offer Eid Prayer), imam-baras (space for prayers and gatherings for Shias), etc. With the passage of time, waqf endowments started playing an important role in shaping the religious, social, educational, cultural, economic and political aspects/institutions of Muslim societies. This voluntary institution of waqf supplemented the State in fulfilment of its obligations towards the provisions of public good. This interaction between the state and the waqf created ideological and legal intricacies that have shaped the present-day waqf legislations.