Pub Date : 2023-06-06DOI: 10.37680/almanhaj.v5i1.2369
I. Iswandi, B. Bukhari
This study seeks to find solutions to the rampant corruption practices in Indonesia today. The purpose of this study is to further reason about the legal norms contained in the legislation related to law enforcement corruption eradication in Indonesia by using the approach of Islamic law theory. The research method used in this study is a normative juridical approach that is done by examining the theories, concepts, principles of law, legislation by putting the law as a building system of legal norms. the results of the study conducted that the legal norms contained in the legislation on the eradication of corruption contains only two elements, namely AR-Rashi and al-murtashi, on the contrary in Islamic law there are three elements of ar-Rashi, al-murtashi and ar-Ra'isy. If the element of ar-raisy (intermediary) is not absorbed into the sub-system of Corruption Eradication law, it will become very weak. the concept of punishment in the Corruption Eradication legislation is limited to imprisonment and fines, while in Islamic law it is divided into three categories, namely; First, the ta'zīr law which is about the body consisting of the death penalty and volumes; second, the ta'zīr punishment which is about the independence or freedom of a person in the form of imprisonment; and Third, ta'zīr law regarding property, such as punitive damages or fines and confiscation so that Islamic law looks more comprehensive and systematic.
{"title":"Tinjauan Hukum Islam terhadap Ketentuan Penegakan Hukum Pemberantasan Korupsi di Indonesia","authors":"I. Iswandi, B. Bukhari","doi":"10.37680/almanhaj.v5i1.2369","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2369","url":null,"abstract":"This study seeks to find solutions to the rampant corruption practices in Indonesia today. The purpose of this study is to further reason about the legal norms contained in the legislation related to law enforcement corruption eradication in Indonesia by using the approach of Islamic law theory. The research method used in this study is a normative juridical approach that is done by examining the theories, concepts, principles of law, legislation by putting the law as a building system of legal norms. the results of the study conducted that the legal norms contained in the legislation on the eradication of corruption contains only two elements, namely AR-Rashi and al-murtashi, on the contrary in Islamic law there are three elements of ar-Rashi, al-murtashi and ar-Ra'isy. If the element of ar-raisy (intermediary) is not absorbed into the sub-system of Corruption Eradication law, it will become very weak. the concept of punishment in the Corruption Eradication legislation is limited to imprisonment and fines, while in Islamic law it is divided into three categories, namely; First, the ta'zīr law which is about the body consisting of the death penalty and volumes; second, the ta'zīr punishment which is about the independence or freedom of a person in the form of imprisonment; and Third, ta'zīr law regarding property, such as punitive damages or fines and confiscation so that Islamic law looks more comprehensive and systematic.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77083593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-06DOI: 10.37680/almanhaj.v5i1.2289
Muttaqin Choiri, Alan Su'ud Ma'adi
Indonesia Law Number 33 of 2014 concerning Halal Product Guarantee emphasizes that food, medicine, cosmetics and other products must be halal certified, which not only applies to products of large companies, but also targets MSME. Apart from going through a special self-declaration route for simple products for free, most MSMEs such as processed products from slaughter, pentol sellers, meatballs need to get service facilitation, which can be taken from social institution posts, such as zakat, infaq and shodaqaoh. Zakat management institutions are one of the institutions that collect, manage and distribute social religious funds, which are intended to improve economic levels, either consumptively or productively. With approximately 166,000 MSMEs in Bangkalan Regency, the participation of social religious institutions is needed to support the halal certification policy. This research used qualitative method, descriptive analytical with empirical approach. Data collection through interviews, observations and documentation studies at zakat management institutions in Bangkalan. The results showed that zakat management institutions in Bangkalan have not facilitated the halal certification process for MSME, apart from the fact that there has been no socialization from zakat institutions at the central level to play an active role in the program, also concerns about the h}add al-kifayah standard for mustahiq need to be emphasized so that the limits of zakat distribution for empowerment and acceleration of halal certification programs are right on target and right based on sharia provisions, it is necessary to identify the income of MSMEs so that the mustahiq category can still be accommodated.
{"title":"Identifikasi Pemberdayaan dan Sertifikasi Halal Pada UMKM oleh Lembaga Zakat di Bangkalan Madura","authors":"Muttaqin Choiri, Alan Su'ud Ma'adi","doi":"10.37680/almanhaj.v5i1.2289","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2289","url":null,"abstract":"Indonesia Law Number 33 of 2014 concerning Halal Product Guarantee emphasizes that food, medicine, cosmetics and other products must be halal certified, which not only applies to products of large companies, but also targets MSME. Apart from going through a special self-declaration route for simple products for free, most MSMEs such as processed products from slaughter, pentol sellers, meatballs need to get service facilitation, which can be taken from social institution posts, such as zakat, infaq and shodaqaoh. Zakat management institutions are one of the institutions that collect, manage and distribute social religious funds, which are intended to improve economic levels, either consumptively or productively. With approximately 166,000 MSMEs in Bangkalan Regency, the participation of social religious institutions is needed to support the halal certification policy. This research used qualitative method, descriptive analytical with empirical approach. Data collection through interviews, observations and documentation studies at zakat management institutions in Bangkalan. The results showed that zakat management institutions in Bangkalan have not facilitated the halal certification process for MSME, apart from the fact that there has been no socialization from zakat institutions at the central level to play an active role in the program, also concerns about the h}add al-kifayah standard for mustahiq need to be emphasized so that the limits of zakat distribution for empowerment and acceleration of halal certification programs are right on target and right based on sharia provisions, it is necessary to identify the income of MSMEs so that the mustahiq category can still be accommodated.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73336997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-06DOI: 10.37680/almanhaj.v5i1.2376
Salma Utiya Hikmah, Muttaqin Choiri
Pacarpeluk is a village located in Megaluh District, Jombang Regency. The researcher is interested in analyzing the management of the ZIS distribution for one of the philanthropic activities that is also carried out by the girlfriends, namely the Happy Together with Neighbors Movement (GBBT). GBBT is a movement carried out in order to optimize the use of ZIS funds through active distribution from the community at the village level which in practice provides assistance during the month of Ramadan every year. This research is a descriptive qualitative research in which there are primary data obtained by means of interviews and direct observation and secondary data obtained from various literacy related to ZIS distribution management. The results of this study are that GBBT implements 4 management functions so that the distribution is well managed. The distribution of ZIS from the community to relatives in the same village has an impact that can be felt directly by the community from this movement, which has generated high interest from the community to continue giving donations and shadaqah through GBBT managers, considering that GBBT's income has increased 3 times in just 1 year.
{"title":"Gerakan Bahagia Bersama Tetangga (GBBT): Analisis Implementasi Distribusi Dana ZIS di Desa Pacar Peluk Kecamatan Megaluh Kabupaten Jombang","authors":"Salma Utiya Hikmah, Muttaqin Choiri","doi":"10.37680/almanhaj.v5i1.2376","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2376","url":null,"abstract":"Pacarpeluk is a village located in Megaluh District, Jombang Regency. The researcher is interested in analyzing the management of the ZIS distribution for one of the philanthropic activities that is also carried out by the girlfriends, namely the Happy Together with Neighbors Movement (GBBT). GBBT is a movement carried out in order to optimize the use of ZIS funds through active distribution from the community at the village level which in practice provides assistance during the month of Ramadan every year. This research is a descriptive qualitative research in which there are primary data obtained by means of interviews and direct observation and secondary data obtained from various literacy related to ZIS distribution management. The results of this study are that GBBT implements 4 management functions so that the distribution is well managed. The distribution of ZIS from the community to relatives in the same village has an impact that can be felt directly by the community from this movement, which has generated high interest from the community to continue giving donations and shadaqah through GBBT managers, considering that GBBT's income has increased 3 times in just 1 year.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78081246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-05DOI: 10.19105/al-lhkam.v18i1.7313
Iffatin Nur, Reni Puspitasari
This study aims to formulate the paradigm of fiqh (Islamic law) in predicting various impacts of postgenderism by exploring postgender preferences according to MUI (Indonesian Council of Ulema) and KUPI (Indonesian Women Ulema Congress) scholars. This qualitative research begins with examining the perceptions of ulema (Muslim scholars) of both organizations regarding postgenderism. Primary data about perceptions and preferences on postgenderism were explored through in-depth interviews with four ulema, two from each organization. Secondary data were obtained through literature exploration from primary books and articles on postgender. Data analysis techniques employed spiral analysis equipped with content, comparative, and critical analysis. The findings show that: 1) based on maqāṣid sharī'ah (Islamic laws’ objectives), the ulema view that postgender ideologies and movement threaten human existence and risk the establishment of ḥifẓ al-dīn, ḥifẓ al-nasl and ḥifẓ al-‘irḍ (preserving one’s religion, offspring, and dignity respectively) and 2) postgenderism is considered as an ideology that allegedly violates sunnatullah (God’s laws) and threatens human existence and humanity. Therefore, every activity, facility, infrastructure, and opportunity born from it that threatens the existence of humanity must be avoided as much as possible. One of the preventive paradigms against postgenderism is formulated through uṣūl fiqh iftirāḍi (preventive Islamic law’s fundament) method as an anticipatory ijtihād (intellectual exercise) towards its various possible harms.
{"title":"Postgender Fiqh: The Views of MUI’s and KUPI’s Ulema on Postgenderism from Maqāṣid Sharī’ah Perspective","authors":"Iffatin Nur, Reni Puspitasari","doi":"10.19105/al-lhkam.v18i1.7313","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.7313","url":null,"abstract":"This study aims to formulate the paradigm of fiqh (Islamic law) in predicting various impacts of postgenderism by exploring postgender preferences according to MUI (Indonesian Council of Ulema) and KUPI (Indonesian Women Ulema Congress) scholars. This qualitative research begins with examining the perceptions of ulema (Muslim scholars) of both organizations regarding postgenderism. Primary data about perceptions and preferences on postgenderism were explored through in-depth interviews with four ulema, two from each organization. Secondary data were obtained through literature exploration from primary books and articles on postgender. Data analysis techniques employed spiral analysis equipped with content, comparative, and critical analysis. The findings show that: 1) based on maqāṣid sharī'ah (Islamic laws’ objectives), the ulema view that postgender ideologies and movement threaten human existence and risk the establishment of ḥifẓ al-dīn, ḥifẓ al-nasl and ḥifẓ al-‘irḍ (preserving one’s religion, offspring, and dignity respectively) and 2) postgenderism is considered as an ideology that allegedly violates sunnatullah (God’s laws) and threatens human existence and humanity. Therefore, every activity, facility, infrastructure, and opportunity born from it that threatens the existence of humanity must be avoided as much as possible. One of the preventive paradigms against postgenderism is formulated through uṣūl fiqh iftirāḍi (preventive Islamic law’s fundament) method as an anticipatory ijtihād (intellectual exercise) towards its various possible harms.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72393257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-03DOI: 10.19105/al-lhkam.v18i1.7147
Jamal Wiwoho, Anugrah Muhtarom Pratama, U. Pati, Kukuh Tejomurti
Many policymakers and scholars have discussed concerns regarding terrorist group use of cryptocurrency in recent years. While some argue that the threat is still limited, others argue that the current usage of cryptocurrency does not match the entirety of features that terrorist groups require and desire. In the end, it is still critical to recognize that the cryptocurrency used for terrorist financing frequently depends on several influencing factors. This study aims to (i) investigate the utilization of cryptocurrency by Moslem-affiliated terrorists in Southeast Asia; (ii) map the case typology of cryptocurrency use in Southeast Asian terrorist funding; (iii) describe the regulatory challenges raised in Southeast Asia. This research is a type of doctrinal legal one using the statute, case, and conceptual approaches. The results of this study acknowledge the limited but increasing risk of terrorist financing by cryptocurrency over the 2015-2022 timeframe in Southeast Asia. Furthermore, the existing typology of cases uses smurfing and structuring techniques with high and medium levels of risk. This research ends by recommending actions that Southeast Asian country stakeholders can take to reduce the potential of cryptocurrency usage in terrorist funding by harmonizing their counter-terrorist financing regulatory approaches and implementing investigative best practices.
{"title":"Examining Cryptocurrency Use among Muslim Affiliated Terrorists: Case Typology and Regulatory Challenges in Southeast Asian Countries","authors":"Jamal Wiwoho, Anugrah Muhtarom Pratama, U. Pati, Kukuh Tejomurti","doi":"10.19105/al-lhkam.v18i1.7147","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.7147","url":null,"abstract":"Many policymakers and scholars have discussed concerns regarding terrorist group use of cryptocurrency in recent years. While some argue that the threat is still limited, others argue that the current usage of cryptocurrency does not match the entirety of features that terrorist groups require and desire. In the end, it is still critical to recognize that the cryptocurrency used for terrorist financing frequently depends on several influencing factors. This study aims to (i) investigate the utilization of cryptocurrency by Moslem-affiliated terrorists in Southeast Asia; (ii) map the case typology of cryptocurrency use in Southeast Asian terrorist funding; (iii) describe the regulatory challenges raised in Southeast Asia. This research is a type of doctrinal legal one using the statute, case, and conceptual approaches. The results of this study acknowledge the limited but increasing risk of terrorist financing by cryptocurrency over the 2015-2022 timeframe in Southeast Asia. Furthermore, the existing typology of cases uses smurfing and structuring techniques with high and medium levels of risk. This research ends by recommending actions that Southeast Asian country stakeholders can take to reduce the potential of cryptocurrency usage in terrorist funding by harmonizing their counter-terrorist financing regulatory approaches and implementing investigative best practices. \u0000 ","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75377533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-03DOI: 10.19105/al-lhkam.v18i1.7318
A. Chalim, Shohib Muslim, Sholahuddin Al-Fatih, Fadloli, Asrul Ibrahim Nur
This study aims to describe and analyze how the cultural inheritance of a collaborative Hindu-Muslim community occurs in Tengger Village, Lumajang Regency, East Java, Indonesia using the concept of ta'âwun as the theoretical framework. The research is qualitative with a multi-case study type. Data were collected using in-depth interviews to relevant parties, participant observation at the research locus, and documentation to collect information about the history and general description of the Tengger people. Meanwhile, data analysis is by examining ta’âwun concept by presenting and condensing data then drawing conclusions. Researchers check the data validity using credibility, transferability, dependability, and confirmability. This research resulted in the following: the cultural inheritance of mutual collaboration in the community is through; 1) becoming role model to show respect on others’ right, 2) establishing and maintaining community organization, 3) organizing customary events with committees coming from the whole part of the community.
{"title":"Social Diversity Model: Inheritance of Mutual Collaboration in the Indonesian Hindu-Muslim Society at Tengger, Lumajang","authors":"A. Chalim, Shohib Muslim, Sholahuddin Al-Fatih, Fadloli, Asrul Ibrahim Nur","doi":"10.19105/al-lhkam.v18i1.7318","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.7318","url":null,"abstract":"This study aims to describe and analyze how the cultural inheritance of a collaborative Hindu-Muslim community occurs in Tengger Village, Lumajang Regency, East Java, Indonesia using the concept of ta'âwun as the theoretical framework. The research is qualitative with a multi-case study type. Data were collected using in-depth interviews to relevant parties, participant observation at the research locus, and documentation to collect information about the history and general description of the Tengger people. Meanwhile, data analysis is by examining ta’âwun concept by presenting and condensing data then drawing conclusions. Researchers check the data validity using credibility, transferability, dependability, and confirmability. This research resulted in the following: the cultural inheritance of mutual collaboration in the community is through; 1) becoming role model to show respect on others’ right, 2) establishing and maintaining community organization, 3) organizing customary events with committees coming from the whole part of the community.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77055014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-03DOI: 10.19105/al-lhkam.v18i1.6002
Zulkifli, Syafiq Hasyim, M. Mubarak, H. Khitam, M. Helmi
In Singapore, Islamic identity matters mainly because Muslims and Malays have special constitutional status. However, state policies seem to contradict the status while the community is still dealing with the problem of backwardness in educational and economic development. This article examines the profile and strategic role of two Islamic organizations, MUIS (Majlis Ugama Islam Singapura, the Islamic Religious Council of Singapore) and Pergas (Persatuan Ulama dan Guru-Guru Agama Islam Singapura, Singapore Islamic Scholars, and Religious Teachers Association), in accommodating the expression and reconstructing Singaporean Muslim identity. Through intensive library research and using an interdisciplinary approach from social constructivist and fiqh of minorities’ perspectives, this article found that both have played a very important role in the expression and construction of Singaporean Muslim identity. There have been dynamic contestation and cooperation between the state policies towards the Muslim community. However, the global effect of Islamist extremism and terrorism has united them in terms of religious thought, attitude, and the formulation of the ideal Singaporean Muslim identity. The changing process of their stances toward the government’s policies was effective due to the function of fiqh of minorities in contextualizing Islamic teachings in the context of Singapore as a secular state.
在新加坡，伊斯兰身份之所以重要，主要是因为穆斯林和马来人有特殊的宪法地位。然而，国家的政策似乎与现状相矛盾，而社区仍在处理教育和经济发展落后的问题。本文考察了两个伊斯兰组织MUIS (Majlis Ugama Islam Singapura，新加坡伊斯兰宗教委员会)和Pergas (Persatuan Ulama dan Guru-Guru Agama Islam Singapura，新加坡伊斯兰学者和宗教教师协会)在容纳表达和重建新加坡穆斯林身份方面的形象和战略作用。通过深入的图书馆研究，运用跨学科的方法，从社会建构主义和少数民族的视角出发，本文发现两者在新加坡穆斯林身份的表达和建构中发挥了非常重要的作用。国家对穆斯林社区的政策之间存在着激烈的争论和合作。然而，伊斯兰极端主义和恐怖主义的全球影响使他们在宗教思想、态度和理想新加坡穆斯林身份的形成方面团结起来。他们对政府政策立场的转变过程是有效的，因为少数民族的伊斯兰教在新加坡作为一个世俗国家的背景下，在伊斯兰教义的背景下发挥了作用。
{"title":"Constructing Muslim Identity in a Secular State: The Strategic Role of Two Singapore Islamic Organizations","authors":"Zulkifli, Syafiq Hasyim, M. Mubarak, H. Khitam, M. Helmi","doi":"10.19105/al-lhkam.v18i1.6002","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.6002","url":null,"abstract":"In Singapore, Islamic identity matters mainly because Muslims and Malays have special constitutional status. However, state policies seem to contradict the status while the community is still dealing with the problem of backwardness in educational and economic development. This article examines the profile and strategic role of two Islamic organizations, MUIS (Majlis Ugama Islam Singapura, the Islamic Religious Council of Singapore) and Pergas (Persatuan Ulama dan Guru-Guru Agama Islam Singapura, Singapore Islamic Scholars, and Religious Teachers Association), in accommodating the expression and reconstructing Singaporean Muslim identity. Through intensive library research and using an interdisciplinary approach from social constructivist and fiqh of minorities’ perspectives, this article found that both have played a very important role in the expression and construction of Singaporean Muslim identity. There have been dynamic contestation and cooperation between the state policies towards the Muslim community. However, the global effect of Islamist extremism and terrorism has united them in terms of religious thought, attitude, and the formulation of the ideal Singaporean Muslim identity. The changing process of their stances toward the government’s policies was effective due to the function of fiqh of minorities in contextualizing Islamic teachings in the context of Singapore as a secular state.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78129331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.19105/al-lhkam.v18i1.8343
Zakiyah, Koeswinarno, Anik Farida, Wahab
This article aims to investigate the everyday life of terrorists’ families in Surabaya and Sidoarjo East Java Indonesia namely how they have interacted with their neighbors and adapted to the community. Data of this research were gathered through interviews with the neighbors of terrorists’ families and related parties, observing the crime scene of the bombing blast and the neighborhood areas where the terrorist families live, and library research. Results of this study show that the terrorist families of suicide bombings and those raided by Detachment 88 Police Squad were recognized as “ordinary people” by their neighbors and colleagues. Their physical appearances were generally just the same as other Muslims living in their neighborhood; even they participated in several social activities held by the community and interacted with their neighbors openly. This can be recognized as their strategy of adaptation. Thus, they were accepted by the surrounding community, and at the same time, they could still maintain their inner goals as a member of e terrorist group. This paper used the theory of adaptation and Islamic law to examine these aspects, especially how Islam sees jihâd and Inghimâs.
{"title":"They are Just the Same; Everyday Life of Terrorists’ Families in East Java Indonesia","authors":"Zakiyah, Koeswinarno, Anik Farida, Wahab","doi":"10.19105/al-lhkam.v18i1.8343","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.8343","url":null,"abstract":"This article aims to investigate the everyday life of terrorists’ families in Surabaya and Sidoarjo East Java Indonesia namely how they have interacted with their neighbors and adapted to the community. Data of this research were gathered through interviews with the neighbors of terrorists’ families and related parties, observing the crime scene of the bombing blast and the neighborhood areas where the terrorist families live, and library research. Results of this study show that the terrorist families of suicide bombings and those raided by Detachment 88 Police Squad were recognized as “ordinary people” by their neighbors and colleagues. Their physical appearances were generally just the same as other Muslims living in their neighborhood; even they participated in several social activities held by the community and interacted with their neighbors openly. This can be recognized as their strategy of adaptation. Thus, they were accepted by the surrounding community, and at the same time, they could still maintain their inner goals as a member of e terrorist group. This paper used the theory of adaptation and Islamic law to examine these aspects, especially how Islam sees jihâd and Inghimâs.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88571023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.19105/al-lhkam.v18i1.7132
Fauzan Fauzan, Abdul Qodir Zailani, M. Harir Muzakki, Imam Syafi'i, Bustomi Bustomi
This study aims to comprehensively describe the endogamous marriages of the Prophet Muhammad's descendants from the perspective of the sociology of Islamic law. The marriage mainly occurs in syarīfah (the female descendants); they are required to marry the prospectives from ḥabīb (male descendants) groups only. Endogamous marriage will be explored holistically by clarifying the reciprocal relationship between social change and Islamic law among syarīfah. This field research examines the enactment of the law in social life. It used a sociological Islamic law approach to reveal the facts about endogamous marriage in Bangil, East Java, Indonesia, because many of the Prophet's descendants live there. Data collection techniques were interviews and literature search, while the analysis technique used is Miles and Hubermen's analytical procedure. After conducting in-depth research, a conclusion was found that endogamous marriage among syarīfah in Bangil is a form of obedience to customs passed down across generations since their ancestors, namely the tradition of marrying someone of equal lineage. Endogamous marriages have been maintained to this day due to religious teachings, the spirit of protecting the Prophet's family, and the social conditions of those who support its preservation.
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Pub Date : 2023-06-01DOI: 10.19105/al-lhkam.v18i1.7162
Ahmad Dakhoir, Sri Lumatus Sa’adah
This paper examines then criticizes legal arguments beyond the change in marriage age minimum limit in Indonesian case then proposing a new insight fur future regularion. It is a normative research with a meta-juridical approach. The primary data is Law Number 16 of 2019 and the SIPP (Sistem Informasi Penelusuran Perkara) report of the Supreme Court of the Republic of Indonesia analyzed using content analysis techniques. The results suggest that the legal argument for changing the minimum age limit for marriage as referred to in Article 7 of Law Number 16 of 2019 was motivated by assumption on the loss of women's rights, the increasing number of child marriage cases, and global pressures. From the perspective of a meta-juridical approach, the three factors are not appropriate arguments for changing the minimum age limit for marriage. On the contrary to the purpose beyond the change, the Article 7 of Law Number 16 of 2019 has rather caused the increasing child marriage after its issuance. Therefore, it is suggested that the standard for determining marriage age limit in the future regulation also considers the concept of of bâ’ah, ‘âqil, and bâligh which combine biological maturity and social responsibility.
本文考察并批评了印尼案例中结婚年龄最低限制变化之外的法律论据，并对未来的法规提出了新的见解。这是一项采用元法学方法的规范性研究。主要数据是2019年第16号法律和印度尼西亚共和国最高法院使用内容分析技术分析的SIPP (system Informasi penelurian Perkara)报告。结果表明，2019年第16号法律第7条规定的改变最低结婚年龄限制的法律论据是基于对妇女权利丧失的假设、童婚案件的增加以及全球压力。从元法学的角度来看，这三个因素并不是改变最低结婚年龄限制的适当论据。与改变的目的相反，2019年第16号法律第7条颁布后，反而导致了童婚现象的增加。因此，建议在未来的规定中确定结婚年龄限制的标准中，也考虑到结合了生理成熟和社会责任的b ' ah '， ' qil '， ' b '的概念。
{"title":"Meta-Juridical Analysis on the Legal Arguments beyond Changes in Indonesian’s Marriage Age Rule","authors":"Ahmad Dakhoir, Sri Lumatus Sa’adah","doi":"10.19105/al-lhkam.v18i1.7162","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.7162","url":null,"abstract":"This paper examines then criticizes legal arguments beyond the change in marriage age minimum limit in Indonesian case then proposing a new insight fur future regularion. It is a normative research with a meta-juridical approach. The primary data is Law Number 16 of 2019 and the SIPP (Sistem Informasi Penelusuran Perkara) report of the Supreme Court of the Republic of Indonesia analyzed using content analysis techniques. The results suggest that the legal argument for changing the minimum age limit for marriage as referred to in Article 7 of Law Number 16 of 2019 was motivated by assumption on the loss of women's rights, the increasing number of child marriage cases, and global pressures. From the perspective of a meta-juridical approach, the three factors are not appropriate arguments for changing the minimum age limit for marriage. On the contrary to the purpose beyond the change, the Article 7 of Law Number 16 of 2019 has rather caused the increasing child marriage after its issuance. Therefore, it is suggested that the standard for determining marriage age limit in the future regulation also considers the concept of of bâ’ah, ‘âqil, and bâligh which combine biological maturity and social responsibility.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76904917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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