Muslim Law Research Articles

Religious Culture in Peacebuilding Education

Religion has been examined in various academic disciplines, both mono and interdisciplinary with various accompanying issues, including issues regarding the relationship between religion and culture. This article seeks to show that in the context of peacebuilding education, religious culture plays an important role. This study employs a library research approach. In Indonesia, peacebuilding theories suggest the need for Islamic education as the majority religion in order to the support transformation process relating to changes in negative peace, positive peace, structural violence, root causes of conflict and sustainable peace. This article reveals the process and steps to improve peacebuilding in the implementation of Islamic education. This study is very important to shape a peacebuilding culture in Islamic education where the core values of peacebuilding in Islamic education include the meanings of salām (peace), humanity, harmony and peace, Dar-al-Salam (Home of Peace), peaceful justice through jihad, nonviolence in Islam, justice in Islam and human rights. These core values of peacebuilding education in Islam need to be disseminated and cultivated in all Islamic educational institutions.

Reconstruction of Bankruptcy Regulations and Suspension of Debt Payment Obligations Based on Islamic Legal Values

The background of this research is that as it happens in the business world, the need for funds is a basic need that must be met by business actors, to overcome the problem of funding needs, capital loans are the solution. The problem that arises is if within the specified time the debtor is unable to pay it. The purpose of this study is to malign and find that bankruptcy regulations and PKPU have not been based on Islamic justice values, analyze and find weaknesses in current bankruptcy regulations and PKPU, and analyze and find reconstructions of bankruptcy regulations and PKPU based on Islamic justice values. In this study, the constructivism paradigm was used. namely the paradigm that is the antithesis of the understanding that lays observation and objectivity in finding a reality or science, This type of research is descriptive analysis, the approach that the author uses is a Sociological Juridical approach, This research is categorized into doctrinal hukun research (both normative and philosophical juridical), The data analysis method used in this study is qualitative data analysis to obtain descriptive data. This research uses Islamic legal theory as an applied theory, namely the Mashlahah Theory According to Imam Al-Ghazali which is a concept that is used as the main consideration in solving Islamic legal problems because the principle contained in maslahah is the maintenance of the objective purpose of law (maqasid al-shari'ah) that is, the maintenance of religion, soul, reason, heredity, and property. Based on the results of this study, it was found that the first Bankruptcy Regulation and Suspension of Debt Payment Obligations have not been based on Islamic justice values, especially in article 2 paragraph (1), article 17 paragraph 2 and article 225 paragraph 4, Second, weaknesses were found in the current bankruptcy and PKPU regulations, including bankruptcy requirements of at least 2 creditors, the temporary decision of PKPU was only given 45 days, and the fee for curator is too great. For this reason, it is necessary to reconstruct the Bankruptcy Regulation and PKPU, including increasing the bankruptcy requirements for more than 2 creditors, extending the temporary bankruptcy of PKPU for more than 45 days or 1 year, changing the Curator fee calculation system based on agreements with debtors and creditors.

Perception of justice, citizens’ trust and participation in a democratic Islamic society

Justice has a high status in Islamic societies, and as one of the most important human ideals, has long been the focus of thinkers and researchers. In fact, when the citizens do not understand the presence of justice in the behaviour of the officials of their society, their trust in the current procedures, and consequently the public participation will be affected. Considering the importance of the subject, the present study has been conducted with the aim of investigating the effect of perception of justice on citizens’ trust and participation in the creation of a democratic Islamic society. The statistical population of this research included 3578 Indonesian Muslim citizens in 2022, and the research questionnaires were distributed among them. Data analyses were done using Statistical Package for the Social Sciences (SPSS) and Linear Structural Relations (LISREL) statistical software. The results of statistical analyses indicated that the perception of Islamic justice does not have a significant effect on the participation of Muslims in creating a democratic Islamic society. In addition, the perception of Islamic justice has a positive effect on the trust in officials of the Islamic society. Moreover, trust in the officials of the Islamic society positively affects the citizens’ participation in creating a democratic Islamic society.Contribution: According to the results of this research, it is necessary for the officials of the Islamic society to use all their efforts in creating a justice-oriented Islamic society in order to create trust among the citizens, and to involve Muslims in development decisions and to establish democratic Islamic society.

The problem of social responsibility in Islam

The article examines social responsibility in the context of Islam, emphasizing its key aspects and specifics in the sphere of religious relations. Five postulates are identified that regulate the moral system and determine the basis of social responsibility in Islam: unity, balance, freedom of will, obligations, and virtue. The article identifies the system for achieving social and economic justice in Islam through payments from income and property of the religious tax (zakat), the creation of charitable funds (waqf), almsgiving and charity (sadaqah), interest-free loans (al-qard al-hasan) are among the others. The prohibition of interest (riba) is identified as an important basis for the system of social responsibility and sustainable development in Islam. The methodology of the article consists of the analysis of the primary sources of Islamic doctrine, as well as identifying the main aspects and specifics of social responsibility in the context of Islam. The article also uses a comparative approach, highlighting the differences and similarities between the concept of social responsibility in Islam and its analogues in other cultures and religions.

Penalizing women MPs: the approval of women-initiated bills in the Turkish parliament

ABSTRACT This article examines the effect of female bill authorship on bill approval. The analysis focuses on the Turkish Parliament between 2002 and 2015. During this time, the Islamic Justice and Development Party controlled the country’s government and a parliamentary majority, and gender issues became central to political discourse. Using a novel data set of content-coded private members’ bills, we evaluate whether gender affected bill approval. The analysis sheds light on gender discrimination, and the impact women MPs have on the corpus of laws that govern the country. The results reveal that bills initiated by women did not receive a similar treatment to those initiated by men. All else equal, these bills were less likely to become law.

Thinking about Islamic legal traditions in multicultural contexts

ABSTRACT Faced by the apparent difference between legal traditions, how should scholars and policy makers assess their compatibility or incompatibility? What criteria should be used to adjudge the commensurability, or even the elements of incongruity, between traditions that have developed in different cultural, social and economic circumstances? This article argues for a shift from the way that much of the scholarship on Islamic legal traditions in Western polities pursues these questions. First, scholars assess Islamic legal traditions by explicitly or implicitly assessing their compliance with a contingent Western rendition of the rule of law. Second, comparisons tend to focus on a Western legal theoretical priority of the ‘rule’ itself, whereby conceptualisations of law are parsed out using an analytical infrastructure particular to the contingent history of the nation state. Such approaches may usefully assess migrant traditions’ political compatibility with a benevolent or hegemonic Western legal regime. Indeed, they may be defended philosophically on the basis of ‘difference blind’ legal arrangements or some kind of minimal secular baseline of governance. However, these approaches are insufficient for addressing the prior question of commensurability. Based on ethnographic data from the Shia Muslim tradition of legal training, I offer a brief account of two ‘repertoires of justification’ standing askance from this anyhow contingent rendition of Western law. This account serves as a counterpoint to rule based approaches, demonstrating why commensurability should be assessed through an attentiveness to the alternative logics of other legal traditions.

The Rise of Divorce Rate in Bangladesh: Excessive Dower is Major Cause among Muslim Wives Initiating Divorce

In order to constitute a valid marriage, the Muslim law requires that there should always be a consideration moving from the husband in favor of the wife for her sole and exclusive use and benefit. This consideration is called dower (Mahr). Dower is an essential requirement in Muslim marriage takes place. But there is no maximum limit of dower, when dower is fixing high, wife can realize the dower as it is.The present study intends to discover the practices of dower among women in Bangladesh. The main purpose of this study to probe whether excessive dower is leading to more wife-led divorce for quick economic gains.

IMPACT OF WORLD RELIGIONS ON THE NEED TO CONSIDER THE PRINCIPLE OF TRUTH IN THE JUDICIAL DECISIONMAKING PROCESS

The article analyzes the influence of world religions on the awareness of the need to consider the principle of truth in the process of making Court decisions as a relevant scientific issue, the solution of which will allow establishing ideological grounds for the implementation of moral principles through justice. The author analyzes specific religious norms of the pre-state period, Christian beliefs, Judaism, norms of Muslim law, Buddhism. Taking into account the review, conclusions regarding the influence of world religions on the awareness of the need consider the principle of truth in the process of making Court decisions are formulated. Religions are the ideological basis for the implementation of moral principles through justice, based on the socio-ethical and cultural systems of their dissemination. Common to all religious dogmas is the need to protect against the basic violations embodied in the commandment; the definition of “evil” by specific religions and the cultivation of its eradication, both by the person himself or herself and through the bodies endowed with the right to administer justice. Religion also obliges a person to obey and take for granted what is unfair and wrong for an individual, promises rewards for suffering in another life, imposes duties for past sins, or promises to punish those responsible for injustice with “bad karma” in the future. The very semantics of the concepts of justice are contextually distinctive in different religious, historical, and socio-cultural systems. The etymological origin of the concept of “justice” is much more complex for a cohesive conceptualization and is derived from such meanings as coercion, fear, violence, and necessity. Justice in the context of asserting justice can be considered in various categories, notably it must be an unbiased assessment of circumstances based on the “truth” on the basis of equality of the parties, and as our research demonstrates – as a tool for creating safe and harmonious environment for the existence of society. Justice is deemed to be a certain standard of established truth, cultivated by religious norms that are partly beneficial to the authorities. Accordingly, we can define the relativity of the concepts of “just” or “unfair”, since they can be considered both through the Aristotelian suum cuique (to each his own), and through the principle of equality and impartiality, as well as a means of influencing society to ensure its security and (or) the interests of the authorities.

Persianate Fiqh in Indonesia: Majmuʿih-yi Khani as a Rare Legal Manuscript in a Cosmopolitan Context

Abstract It is often said that the Shafiʿi school of law was the main source of the Malay-Indonesian Islamic legal tradition and codes during the last couple of centuries. However, one may wonder if further Islamic legal schools were welcomed in the archipelago and, if so, how and under what circumstances. On this subject, the author examines a rare, thick, fragile, and rare Persian manuscript. Copied in the seventeenth century, the manuscript in question is a work that was not only in the possession of Malay-speaking people. The manuscript clearly shows an attempt to translate it into local languages and to expand its jurisprudential clauses. Being a comprehensive source for the study and practice of Islamic law, it includes both Sunni and Shiʿi classical legal treatises, their Qurʾanic commentaries on “legal verses,” and relevant theological comments. This source has the potential to invite scholars to re-examine the context of seventeenth and eighteenth-century Southeast Asian manuscripts which used to be known as the turning point towards “Shariatization” by means of Arabo-Sunni legal and theological treatises, and to raise a more robust conjecture about the cosmopolitan nature of the Indonesian archipelago.

The Concept of Ṣulḥ and Mediation in Marriage Conflict Resolution in Religious Courts: A Comparative Study between Contemporary Indonesian Family Law and Classical Islamic Law

Mediation as a dispute resolution process outside the courtroom has been used by the Religious Courts. Its juridical basis is based on Indonesian Supreme Court Regulations Number 2 of 2003 and Number 1 of 2008 concerning Mediation Procedures in Courts. Meanwhile, in the classical Islamic legal tradition, marital conflicts are resolved by a third party outside the courtroom which is referred to as ṣulḥ, namely efforts to reconcile through a process of taḥkīm or arbitration. Based on this, this study answers the question whether the Religious Courts in Indonesia fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This study concludes that the Religious Courts in Indonesia do not fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This is because the concept of ṣulḥ in Islamic law uses the taḥkīm (ḥakam) mechanism. The concept of ḥakam originating from the classical Islamic legal tradition and mediation originating from the contemporary national legal tradition actually both have substantial differences in terms of concept and implementation in the Religious Courts. The difference in concept is due to differences in sources, authorities, and procedures. However, there are similarities between the two, which lie in the involvement of someone who plays a role in resolving disputes and conflicts in court.

SOSIALISASI TATA CARA PENDAFTARAN TANAH WAKAF DI MUI KABUPATEN SIMALUNGUN

Waqf institutions are one of the Islamic social institutions that have high socio-economic value, and are a form of embodiment of social justice in Islam. in general, so it is necessary to develop its utilization in accordance with sharia principles, as mentioned in the Al-Qur'an surah At-Taubah verse 103. However, in reality many waqf lands are neglected in the community, giving rise to legal problems, especially in Simalungun Regency. This is due to Nazhir's inability to manage and develop waqf assets, the attitude of the people who do not care, the community does not understand the status of waqf assets that should be protected, and the community does not understand how to register waqf land. This problem encourages extension agents to cooperate with Ladui MUI Province, MUI Simalungun Regency, to conduct legal counseling entitled Procedures for Registration of Waqf Land in the form of Community Service at the Simalungun Regency MUI Office. Ways and conditions for registering waqf land, understanding the elements of waqf, nazhir waqf obligations, understanding legal issues regarding waqf and the legal force of waqf certificates. The conclusion in this activity is that it is necessary to increase the frequency and socialization regarding. Procedures for Waqf Land Registration.

LEGAL SITUATION REGARDING ASSESSED REPRODUCTION TECHNOLOGIES IN MUSLIM COUNTRIES

Background. The assessed reproduction technologies (ART) often involve a range of controversial ethical and legal issues that are inspiring for research.
 Purpose. Comprehensive study on ways to use certain types of technologies.
 Materials. This paper provides with research of a legal framework of the ART based on the legislation of 13 Muslim countries: Oman, Saudi Arabia, Bahrain, Morocco, Jordan, the UAE, Malaysia, Iran, Lebanon, Egypt, Algeria, Tunisia and Turkey.
 Results. Due to a range of religious, ethical, legal and social reasons access to the ART was prohibited, but in recent decades mujtahids and fakihs have come to conclusion that for the sake of national prosperity and sustainable development of the ummah medically assisted reproduction may be permissible under certain conditions and must be regulated by laws and correspond to fatwas. The limits of usage of certain technologies have common tendency in gulf countries and the Northern Africa. Nevertheless, some other Muslim countries (e.g., Iran and Malaysia) address this issue in a more detailed and open-minded way.
 Conclusion. Although there’re legal mechanisms and tools for a broader interpretation and a wider interpretation despite critical opinion of theologies and restricted nature of so-called «gates of al-ijtihad», because they are based on established years ago institutes an, in fact, don’t contradict the foundations of Qur’an and Sunnah. However, features of Muslim law remain.

Mut‘a as Practised by Danish Shi‘i Women

Abstract The article is a study based on ten semi-structured interviews to show how mut‘a, known as temporary, pleasure marriage, is practised in seven different ways in present-day Denmark. Continuous conversations with Danish Shi‘i women provide a rare insight into the discourses and emotions behind making sense of a world of love, relationships and social norms formulated as divine intentions. The practices vary from relationships, dating and online relations, to tools in therapeutic settings. Mut‘a is articulated as a formalised tool to navigate a highly gender segregated world and is only practised by individuals who hold rigid views regarding gender regulations. The study demonstrates noticeable differences between cultural interpretations of related concepts such as mahr and ‘idda, thus leading to a conversation about what constitutes Muslim law and practices. The findings contribute to a wider study of how contextual settings, such as individual experience, world-making and cognitions, aid inductive productions of social norms within Muslim law.

Konsep Keadilan Wali terhadap Hak Anak Yatim yang Dipoligami Perspektif al-Maṣlaḥah al-Mursalah

This study aims to determine the concept of guardian justice for the rights of polygamous orphans in the perspective of al-Maṣlaḥah al-Mursalah. This research uses a type of qualitative descriptive research using a normative approach and using a deductive analysis method. The results of the study show that: (1) the urgency of polygamy justice in Islam is preventing tyranny against wives, avoiding the punishment of Allah SWT. the pain on the Day of Judgment, avoiding divisions in the family, not making it easy in Allah's law. and stay away from polygamy if you not be able to do justice to all wives; (2) the concept of guardianship for orphans in Islamic law, namely the guardianship of orphans is the same as the order of guardians in marriage; (3) the concept of guardian justice for the rights of polygamous orphans, namely that there is no difference in justice between polygamous orphans by their guardians and other women in terms of maintenance, clothing, shelter, night distribution and husband's kindness including giving dowry. The concept of guardian justice for the rights of polygamous orphans in the perspective of al-Maṣlaḥah al-Mursalah is carrying out polygamy procedures according to state law, namely the recording of polygamy in the Religious Courts which must be carried out by guardians who want to polygamy orphans under their guardianship for the benefit of personal, family and society.

Musical Instruments in Samāʿ Literature: al-Udfuwī’s Kitāb al-Imtāʿ bi-aḥkām as-samāʿ

Abstract Samāʿ literature reveals a tension in premodern Islamicate societies. While musical practices were ubiquitous and practiced in many contexts, Islamic legal tradition regarded them with suspicion. Musical instruments occupied a central place in these discussions, perhaps, because as physical objects associated with what is otherwise in the non-tangible domain of sound they were seen as the quintessential manifestation of music. Udfuwī’s Imtāʿ is one of the most comprehensive works in the genre, and its chapter on instruments is unique in both the length and place it ascribes to percussion instruments. Udfuwī argues for their permissibility and stresses their social importance throughout history.

Polygamy and the porous state: reconstituting gender in the everyday life of Muslim law

Recent scholarship on alternative dispute resolution forums has shown how the gendered ideology of the state is reproduced in these forums. These forums are said to consolidate the public-private divide and constitute the heterosexual, monogamous family as an affective, nurturing unit that society needs to valorise. Based upon an ethnographic exploration of female litigants in two kinds of alternative dispute resolution forums – a women’s grievance redressal cell run by citizens’ groups and a women’s sharia court run by female Muslim activists in Mumbai – this article traces how women reconstitute gendered roles within the family and challenge the state’s gendered ideology as they navigate the porous boundaries of state and non-state law. It also brings to the fore the similar ways in which women negotiate marital disputes while negotiating state and non-state law in different kinds of alternative dispute resolution forums. Women focus on questions of economic security, property rights, and demonstrate a range of affects such as betrayal, disappointment, anger, and hurt as they navigate polygamous arrangements and creatively manoeuvre spaces of alternative dispute resolution. These gendered negotiations challenge a paradigm of reified gendered kinship roles based on a gendered division of labour in the heterosexual family.

Muhammad Baqir Al-Shadr’s Thoughts in Building A Fair Economic System

This study aims at analyzing and exploring Muhammad Baqir Al-Shadr's thoughts on the fair economic system. This study uses a descriptive qualitative approach, with document review. The results of this study conclude that the economic problem does not lie in the production or scarcity of resources, but rather due to the problem of unequal and unfair distribution as a result of the economic system allowing the exploitation of the strong against the weak. In addition, Baqir Al-Shadr argues that the Islamic economic system must be more comprehensive, in-depth and rooted in Islamic justice values.

Hak Asasi Manusia Dalam Perspektif Islam


 The research entitled Human Rights in an Islamic Perspective seeks to reveal human rights in the context of Islamic perceptions in the era of Islamic research, as well as what perceptions humans face when exercising human rights. Descriptive qualitative research method was used. According to the research findings, human rights in Islamic perception include the following things: glorifying and providing maximum protection, so that human existence is fully maintained and protected, as well as the realization of public and individual interests based on a balance of rights and obligations. In Islam, human rights are determined transcendentally for the benefit of the people through Islamic law which is revealed through revelation. As sources of Islamic law, the Al-Qur'an and As-Sunnah uphold human rights. Long before the world community thought about it, the Qur'an has established the principles of human rights, truth and justice as the main source of law for Muslims, and the protection of human rights in Islam, including: (1) the right to life, (2) right to freedom of religion, (3) right to justice, (4) right to equality, (5) right to education, (6) right to freedom of expression, and (7) property right. .
 Keywords: human right, Islamic perception

Significance and Legal Requirements of Doctrine of Mushaa in Muslim Law

Significance and Legal Requirements of Doctrine of Mushaa in Muslim Law

Примирение ингушей и рассмотрение споров, возникающих из гражданско-правовых отношений, по нормам адата и шариата

The study is devoted to the issues of resolving disputes arising in civil legal relations in the modern life of the Ingush, the ways of reconciling the parties according to the norms of pre-Islamic legal complexes of customary law (adat) and Muslim law (Sharia). To achieve the goal of the research, the tasks of studying the most frequent categories of disputes, forms of appeal to resolve them and to conduct a conciliatory mediation procedure are identified. Issues related to the definition of jurisdiction of disputes, the mechanism of mediation, the issues of establishing the legal basis for litigation in the investigated category of disputes and methods of the conduct of paperwork, as well as the mechanism for the enforcement of decisions made to resolve disputes were also studied. Due to the lack of sufficient published materials on the topic under study, field research is carried out in the Sunzhensky, Nazran and Malgobek districts of Ingushetia in 2021-2022. During conversations with mediators, members of conciliation commissions, plaintiffs and defendants, the information regarding the practices of resolving civil law disputes by imams of rural mosques, the Qadiyat of the Sharia court at the Spiritual Administration of Muslims of Ingushetia, was collected.