Pub Date : 2023-07-21DOI: 10.21154/justicia.v20i1.4884
J. Jayusman, Efrinaldi Efrinaldi, Muhammad Aulia Rachman, Muhammad Jayus
This paper uses the juridical-philosophical method and conceptual approach to develop regulations for cooperative-based startup companies (startup coop) in Indonesia from the perspective of positive law and maqāsid al-Sharīa. This study concludes that the issue of startup coop from the maqashid perspective is considered not contrary to Islamic values, the principles of muamalah, and in harmony with the objectives of the law. Startup Coop is oriented towards creative innovation based on the value of brotherhood and kinship. In addition, startup coops also aim to absorb productive labor and develop human resources from among the younger generation in creative business development. This research contributes to optimizing creative and innovative human resources in line with maqashid ideal goals.
{"title":"The Development of Startup Coop in Indonesia: An Overview Maqashid al-Sharia","authors":"J. Jayusman, Efrinaldi Efrinaldi, Muhammad Aulia Rachman, Muhammad Jayus","doi":"10.21154/justicia.v20i1.4884","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.4884","url":null,"abstract":"This paper uses the juridical-philosophical method and conceptual approach to develop regulations for cooperative-based startup companies (startup coop) in Indonesia from the perspective of positive law and maqāsid al-Sharīa. This study concludes that the issue of startup coop from the maqashid perspective is considered not contrary to Islamic values, the principles of muamalah, and in harmony with the objectives of the law. Startup Coop is oriented towards creative innovation based on the value of brotherhood and kinship. In addition, startup coops also aim to absorb productive labor and develop human resources from among the younger generation in creative business development. This research contributes to optimizing creative and innovative human resources in line with maqashid ideal goals.","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48455785","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 : 2023-07-14DOI: 10.21154/justicia.v20i1.5829
Mohamad Nur Efendi, Kusnul Ciptanila Yuni K, Iza Hanifuddin, Arian Agung Prasetiyawan
This study aims to determine the sentiments of scholars in Indonesia regarding research and studies that address the topic of Omnibus Law. The data analyzed was in the form of research publications related to the Omnibus Law, with as many as 60 articles spanning 2017 to 2020. Based on the analysis results, the assessment of texts related to Omnibus Law in Indonesia shows a positive sentiment of 40%, a neutral sentiment of 32%, and a negative sentiment of 28%. The optimistic view discusses the importance of the Omnibus Law, which summarizes the bureaucracy and solves the many overlapping regulations. Negative sentiment has given much criticism about the passage of the Omnibus Law, which is inappropriate, not transparent, and controversial, such as the Job Creation Bill. Meanwhile, neutral sentiment is in an intermediary position, namely discussing the positive sides of the Omnibus Law but also criticizing things that are not quite right and providing solutions and suggestions. Intellectual sentiment shows the highest positive and contrasts public sentiment in demonstrations due to disappointment with implementing the Omnibus Law. As an effort to cut bureaucracy, the Omnibus Law also discusses and regulates halal certification. The Omnibus Law's existence has positively influenced accelerating the halal certification process in Indonesia, especially targeting the micro and small business sectors. This aligns with Indonesia's optimistic mission to become the center of the world's halal industry in 2024
{"title":"Omnibus Law Sentiment and Its Impact on The Halal Certification Program in Indonesia","authors":"Mohamad Nur Efendi, Kusnul Ciptanila Yuni K, Iza Hanifuddin, Arian Agung Prasetiyawan","doi":"10.21154/justicia.v20i1.5829","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.5829","url":null,"abstract":"This study aims to determine the sentiments of scholars in Indonesia regarding research and studies that address the topic of Omnibus Law. The data analyzed was in the form of research publications related to the Omnibus Law, with as many as 60 articles spanning 2017 to 2020. Based on the analysis results, the assessment of texts related to Omnibus Law in Indonesia shows a positive sentiment of 40%, a neutral sentiment of 32%, and a negative sentiment of 28%. The optimistic view discusses the importance of the Omnibus Law, which summarizes the bureaucracy and solves the many overlapping regulations. Negative sentiment has given much criticism about the passage of the Omnibus Law, which is inappropriate, not transparent, and controversial, such as the Job Creation Bill. Meanwhile, neutral sentiment is in an intermediary position, namely discussing the positive sides of the Omnibus Law but also criticizing things that are not quite right and providing solutions and suggestions. Intellectual sentiment shows the highest positive and contrasts public sentiment in demonstrations due to disappointment with implementing the Omnibus Law. As an effort to cut bureaucracy, the Omnibus Law also discusses and regulates halal certification. The Omnibus Law's existence has positively influenced accelerating the halal certification process in Indonesia, especially targeting the micro and small business sectors. This aligns with Indonesia's optimistic mission to become the center of the world's halal industry in 2024","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44956250","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 : 2023-07-14DOI: 10.21154/justicia.v20i1.5306
Abdul Mun'im Saleh, Rizqi Jauharotul Amalia, Khoirul Fathoni
{"title":"THE BINDING FORCE OF FATWA: Case Study of Islamic Banks' Adherence to the Fatwa on Gifts in Fund Raising","authors":"Abdul Mun'im Saleh, Rizqi Jauharotul Amalia, Khoirul Fathoni","doi":"10.21154/justicia.v20i1.5306","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.5306","url":null,"abstract":"","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46789775","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 : 2023-07-14DOI: 10.21154/justicia.v20i1.5934
S. Bahri, Syamsul Anwar, Mochamad Sodik
This paper analyses one of the decisions reached by the baḥth al-masāil Islamic Boarding School Deliberation Forum (FMPP) in Java and Madura in 2016 at the Babakan Islamic Boarding School in Ciwaringin, Cirebon. In its decision, baḥth al-masāil FMPP stated that Pancasila as the State's foundation is consistent with the values enshrined in the Medina Charter. The issues that will be addressed in this study are: first, how does baḥth al-masāil FMPP use the argumentation structure to reach this decision? Second, consider the relevance of the baḥth al-masāil decision and the ideas of civilizational fiqh produced by the PBNU. To address these two issues, the authors performed a study of the literature based on the primary data from the official document of the baḥth al-masāil FMPP decision and some results from the PBNU's halaqah fiqh of civilization. The usul fiqh and qawa'id fiqhiya approaches were used in this study, specifically the theory of maslahah and mafsadah in Islamic law. The data in the decision document was then analyzed using content analysis techniques. Based on the data and analysis, it was determined that, first, the Baḥth al-masāil FMPP decision on the Pancasila issue was formulated based on a solid argumentation with maslaha as its primary paradigm, and the decision's results also demonstrated that Islamic boarding schools have a distinct national fiqh construction. Second, the relevance of the national fiqh construction arising from the baḥth al-masāil FMPP on Pancasila with the NU civilizational fiqh idea sits in its function as the primary foundation of civilizational fiqh ideas.
{"title":"Pancasila, Piagam Madinah, dan Konstruksi Fikih Kebangsaan Ala Pesantren: Studi Hasil Bah}th al-Masa>il Forum Musyawarah Pondok Pesantren (FMPP) XXX Tahun 2016","authors":"S. Bahri, Syamsul Anwar, Mochamad Sodik","doi":"10.21154/justicia.v20i1.5934","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.5934","url":null,"abstract":"This paper analyses one of the decisions reached by the baḥth al-masāil Islamic Boarding School Deliberation Forum (FMPP) in Java and Madura in 2016 at the Babakan Islamic Boarding School in Ciwaringin, Cirebon. In its decision, baḥth al-masāil FMPP stated that Pancasila as the State's foundation is consistent with the values enshrined in the Medina Charter. The issues that will be addressed in this study are: first, how does baḥth al-masāil FMPP use the argumentation structure to reach this decision? Second, consider the relevance of the baḥth al-masāil decision and the ideas of civilizational fiqh produced by the PBNU. To address these two issues, the authors performed a study of the literature based on the primary data from the official document of the baḥth al-masāil FMPP decision and some results from the PBNU's halaqah fiqh of civilization. The usul fiqh and qawa'id fiqhiya approaches were used in this study, specifically the theory of maslahah and mafsadah in Islamic law. The data in the decision document was then analyzed using content analysis techniques. Based on the data and analysis, it was determined that, first, the Baḥth al-masāil FMPP decision on the Pancasila issue was formulated based on a solid argumentation with maslaha as its primary paradigm, and the decision's results also demonstrated that Islamic boarding schools have a distinct national fiqh construction. Second, the relevance of the national fiqh construction arising from the baḥth al-masāil FMPP on Pancasila with the NU civilizational fiqh idea sits in its function as the primary foundation of civilizational fiqh ideas.","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45539421","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 : 2023-06-25DOI: 10.21154/justicia.v20i1.5756
Kutbuddin Aibak
This study aimed to formulate the construction of fiqh maqașid as a standardization of the concept of humanity in Medical Assistance in Dying (MAiD). This study contributes to actualizing fiqh maqașid as a standardization of values in solving humanitarian problems. This is based on the phenomenon of MAiD, which is considered controversial in the eyes of social religion and state law as in the concept of Islamic law (fiqh), which sees that the protection and realization of human existence and humanity are essential values in the study of Islamic law (fiqh). This argumentation must be elaborated in depth regarding interests and benefit elements in the MAiD phenomenon. The stages of the realization of benefits in the context of the approach to Islamic law (fiqh) are one of the representations and forms of elasticity in the study of the objectives of Islamic law (maqașid al-sharia). The relevance of maqașid shari'ah studies as a form of maqașid fiqh approach is considered to carry urgency in determining aspects of benefit in the MAiD phenomenon and representing maqașid fiqh in realizing human protection and humanity. This study uses literature research with data from various phenomena and regulations on MAiD, which are presented descriptively and then critically analyzed through the fiqh maqașid approach. This study found that the realization of the MAiD program through euthanasia has implications for the non-realization of the essential values of maqașid shari'ah in fiqh maqașid. This study confirms that fiqh maqașid has an orientation towards solving human problems based on humanity
{"title":"Medical Assistance in Dying (MAiD): Human and Humanity in The Study of Fiqh Maqașid","authors":"Kutbuddin Aibak","doi":"10.21154/justicia.v20i1.5756","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.5756","url":null,"abstract":"This study aimed to formulate the construction of fiqh maqașid as a standardization of the concept of humanity in Medical Assistance in Dying (MAiD). This study contributes to actualizing fiqh maqașid as a standardization of values in solving humanitarian problems. This is based on the phenomenon of MAiD, which is considered controversial in the eyes of social religion and state law as in the concept of Islamic law (fiqh), which sees that the protection and realization of human existence and humanity are essential values in the study of Islamic law (fiqh). This argumentation must be elaborated in depth regarding interests and benefit elements in the MAiD phenomenon. The stages of the realization of benefits in the context of the approach to Islamic law (fiqh) are one of the representations and forms of elasticity in the study of the objectives of Islamic law (maqașid al-sharia). The relevance of maqașid shari'ah studies as a form of maqașid fiqh approach is considered to carry urgency in determining aspects of benefit in the MAiD phenomenon and representing maqașid fiqh in realizing human protection and humanity. This study uses literature research with data from various phenomena and regulations on MAiD, which are presented descriptively and then critically analyzed through the fiqh maqașid approach. This study found that the realization of the MAiD program through euthanasia has implications for the non-realization of the essential values of maqașid shari'ah in fiqh maqașid. This study confirms that fiqh maqașid has an orientation towards solving human problems based on humanity","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44708283","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 : 2023-06-25DOI: 10.21154/justicia.v20i1.6338
Agus Purnomo, Kardi Kardi
This article aimed to find the form of the role of strengthening religious moderation in implementing Law No. 5 of 2018 concerning Terrorism, considering that the two have overlapping focuses. This paper is based on field research conducted at two State Islamic Higher Education (PTKIN) that feature religious moderation programs. The approach taken in this research was legal sociology, precisely legal effectiveness. As a result, the form of strengthening religious moderation carried out by PTKIN in preventing radicalism, which is part of combating terrorism, has not played a significant role. Differences in the conditions of the regions where PTKIN is located are insufficient to differentiate the programs to enhance religious moderation. Therefore they have no implications for the role performed in preventing the notion of radicalism, particularly terrorism. Factors that create obstacles to implementing Law No. 5 of 2018 through strengthening religious moderation are aspects of the legal structure and legal substance.
{"title":"Implementasi Undang-Undang No 5 Tahun 2018 tentang Terorisme Melalui Penguatan Moderasi Beragama","authors":"Agus Purnomo, Kardi Kardi","doi":"10.21154/justicia.v20i1.6338","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.6338","url":null,"abstract":"This article aimed to find the form of the role of strengthening religious moderation in implementing Law No. 5 of 2018 concerning Terrorism, considering that the two have overlapping focuses. This paper is based on field research conducted at two State Islamic Higher Education (PTKIN) that feature religious moderation programs. The approach taken in this research was legal sociology, precisely legal effectiveness. As a result, the form of strengthening religious moderation carried out by PTKIN in preventing radicalism, which is part of combating terrorism, has not played a significant role. Differences in the conditions of the regions where PTKIN is located are insufficient to differentiate the programs to enhance religious moderation. Therefore they have no implications for the role performed in preventing the notion of radicalism, particularly terrorism. Factors that create obstacles to implementing Law No. 5 of 2018 through strengthening religious moderation are aspects of the legal structure and legal substance.","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42652836","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 : 2023-06-25DOI: 10.21154/justicia.v20i1.5336
Warsis Mawardi, M. Ichsan
The purpose of this study is to explore how the regulation of halal product certification in the dynamics of Indonesian legal politics, especially since the existence of Law No. 8 of 1999 concerning Consumer Protection to the presence of Law No. 33 of 2014 concerning Halal Product Guarantee. UUPK as the basis for LP POM MUI to carry out halal product certification as well as halal labeling using the MUI halal logo. The presence of the JPH Law has an impact on policy changes and a new governance paradigm which has implications for causing a tug of war between MUI, the government and the legislature. By using normative juridical research topilogy and qualitative data analysis, it can be concluded: First, the Certification regulation has dynamics, especially during the discussion of the JPH Bill, until there is an interesting dance between MUI, the Government including the DPR faction faction regarding the institution authorized to implement certification, including whether or not it is mandatory for business actors to carry out certification. Second, halal certification which was originally carried out by MUI through a detailed examination by LPPOM MUI, after the decision of the JPH Law, the authority to carry out certification is carried out by BPJPH under the auspices of the Ministry of Religion by still involving MUI but using a new halal label / logo.
{"title":"Regulation of Halal Product Certification in The Dynamics of Indonesian Legal Politics","authors":"Warsis Mawardi, M. Ichsan","doi":"10.21154/justicia.v20i1.5336","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.5336","url":null,"abstract":"The purpose of this study is to explore how the regulation of halal product certification in the dynamics of Indonesian legal politics, especially since the existence of Law No. 8 of 1999 concerning Consumer Protection to the presence of Law No. 33 of 2014 concerning Halal Product Guarantee. UUPK as the basis for LP POM MUI to carry out halal product certification as well as halal labeling using the MUI halal logo. The presence of the JPH Law has an impact on policy changes and a new governance paradigm which has implications for causing a tug of war between MUI, the government and the legislature. By using normative juridical research topilogy and qualitative data analysis, it can be concluded: First, the Certification regulation has dynamics, especially during the discussion of the JPH Bill, until there is an interesting dance between MUI, the Government including the DPR faction faction regarding the institution authorized to implement certification, including whether or not it is mandatory for business actors to carry out certification. Second, halal certification which was originally carried out by MUI through a detailed examination by LPPOM MUI, after the decision of the JPH Law, the authority to carry out certification is carried out by BPJPH under the auspices of the Ministry of Religion by still involving MUI but using a new halal label / logo.","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45484980","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 : 2023-06-20DOI: 10.21154/justicia.v20i1.5173
Abdul Rachman, Bilaly Sangare
This study aims to analyze the benefits and harms of implementing Halal Tourism in West Nusa Tenggara Province from the perspective of maqāṣid sharīa. This study uses a qualitative method with a phenomenological approach and holistic Fiqh theory. The phenomenological approach is carried out to analyze social phenomena after implementing halal tourism. The Fiqh theory approach focuses more on Islamic law within the scope of maqāṣid al-sharīa. The results of the study state that the impact of halal tourism in West Nusa Tenggara Province on the community, tourists, and the government is dominated by benefit rather than benefit. The impact of halal tourism from the perspective of maqāṣid al-sharīa can be seen from indicators in maintaining religion (hifdzu sd-din) in halal tourism, namely the convenience for tourists with the availability of prayer facilities in each destination. In protecting life (hide an-nafs), local governments are increasing the number of halal certifications, localization of Halal tourism destinations, and restrictions on alcoholic beverages. In maintaining reason (hifdz al-'aql), the role of the community in developing halal tourism is carried out through Islamic boarding schools. In protecting offspring (hifdz an-nasl), tourists and the public can use several sharia-compliant lodging accommodations such as the Syariah Motel and the Grand Madani Syariah Hotel. Meanwhile, in protecting assets (hifdz al-maal), the community and government provide halal businesses and Islamic financial institutions such as Bank NTB Syariah. The contribution of this article is a guide for the government in making policies and regulations for the implementation of halal tourism in Indonesia.
{"title":"Impact of Implementation of Halal Tourism in West Nusa Tenggara Province: Maqāṣid al-Sharīa Perspective","authors":"Abdul Rachman, Bilaly Sangare","doi":"10.21154/justicia.v20i1.5173","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.5173","url":null,"abstract":"This study aims to analyze the benefits and harms of implementing Halal Tourism in West Nusa Tenggara Province from the perspective of maqāṣid sharīa. This study uses a qualitative method with a phenomenological approach and holistic Fiqh theory. The phenomenological approach is carried out to analyze social phenomena after implementing halal tourism. The Fiqh theory approach focuses more on Islamic law within the scope of maqāṣid al-sharīa. The results of the study state that the impact of halal tourism in West Nusa Tenggara Province on the community, tourists, and the government is dominated by benefit rather than benefit. The impact of halal tourism from the perspective of maqāṣid al-sharīa can be seen from indicators in maintaining religion (hifdzu sd-din) in halal tourism, namely the convenience for tourists with the availability of prayer facilities in each destination. In protecting life (hide an-nafs), local governments are increasing the number of halal certifications, localization of Halal tourism destinations, and restrictions on alcoholic beverages. In maintaining reason (hifdz al-'aql), the role of the community in developing halal tourism is carried out through Islamic boarding schools. In protecting offspring (hifdz an-nasl), tourists and the public can use several sharia-compliant lodging accommodations such as the Syariah Motel and the Grand Madani Syariah Hotel. Meanwhile, in protecting assets (hifdz al-maal), the community and government provide halal businesses and Islamic financial institutions such as Bank NTB Syariah. The contribution of this article is a guide for the government in making policies and regulations for the implementation of halal tourism in Indonesia.","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46046272","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 : 2023-06-20DOI: 10.21154/justicia.v20i1.4720
Dinda Difia Madina, Zezen Zainul Ali, Mega Puspita
This research will discuss the practice of forced marriage tradition by customary sanctions for returning home late at night in the Lekuk 50 Tumpi Lempur Jambi community. This research will also examine the interaction between Islamic law and customary law on the sanctions of the tradition. The research method used is field research. Data is collected by interviewing 16 informants, 7 couples, and two traditional leaders in Lekuk Lima Puluh Tumbi Lempur Jambi. Furthermore, the data that has been obtained is analyzed. So that the research results found that the interaction of Islamic law and customary law in the tradition of forced marriage in the Lekuk 50 Tumbi Lempur community, First, pre-marriage or imposition of sanctions, the nuances of Islamic law and custom go hand in hand. Second, the marriage contract procession is carried out with the Islamic religion, such as pillars and conditions. Third, post-contract, although the nuances of custom can be said to be more, it does not leave the nuances of religion. Theoretically, this research offers insight into the harmonious and complementary relationship between Islamic law and customary law, which is different because the two laws generally intersect. In addition, practically, this research reveals the practice of forced marriage carried out by custom, not from the family, which generally occurs
本研究将讨论在Lekuk 50 Tumpi Lempur Jambi社区因深夜回家而受到习惯制裁的强迫婚姻传统的做法。本研究还将探讨伊斯兰法和习惯法对传统制裁的相互作用。研究方法为实地调查。通过采访16名举报人、7对夫妇和Lekuk Lima Puluh Tumbi Lempur Jambi的两名传统领导人来收集数据。此外，对所获得的数据进行了分析。因此，研究结果发现伊斯兰法律和习惯法的相互作用在Lekuk 50 Tumbi Lempur社区的强迫婚姻传统中，首先，婚前或施加制裁，伊斯兰法律和习俗的细微差别是相辅相成的。其次，婚约仪式的进行要有伊斯兰教的支柱和条件等。第三，契约后，虽然习俗的细微差别可以说多了，但它并没有离开宗教的细微差别。从理论上讲，本研究揭示了伊斯兰法与习惯法之间和谐互补的关系，这种关系的不同之处在于两者通常是交叉的。此外，实际上，这项研究揭示了普遍发生的由习俗而不是来自家庭的强迫婚姻的做法
{"title":"Aligning Islamic Law and Customary Law: Legal Dialectics in The Tradition of Forced Marriage in Jambi","authors":"Dinda Difia Madina, Zezen Zainul Ali, Mega Puspita","doi":"10.21154/justicia.v20i1.4720","DOIUrl":"https://doi.org/10.21154/justicia.v20i1.4720","url":null,"abstract":"This research will discuss the practice of forced marriage tradition by customary sanctions for returning home late at night in the Lekuk 50 Tumpi Lempur Jambi community. This research will also examine the interaction between Islamic law and customary law on the sanctions of the tradition. The research method used is field research. Data is collected by interviewing 16 informants, 7 couples, and two traditional leaders in Lekuk Lima Puluh Tumbi Lempur Jambi. Furthermore, the data that has been obtained is analyzed. So that the research results found that the interaction of Islamic law and customary law in the tradition of forced marriage in the Lekuk 50 Tumbi Lempur community, First, pre-marriage or imposition of sanctions, the nuances of Islamic law and custom go hand in hand. Second, the marriage contract procession is carried out with the Islamic religion, such as pillars and conditions. Third, post-contract, although the nuances of custom can be said to be more, it does not leave the nuances of religion. Theoretically, this research offers insight into the harmonious and complementary relationship between Islamic law and customary law, which is different because the two laws generally intersect. In addition, practically, this research reveals the practice of forced marriage carried out by custom, not from the family, which generally occurs","PeriodicalId":31294,"journal":{"name":"Justicia Islamica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48592819","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 : 2023-06-19DOI: 10.21154/justicia.v20i1.5183
Rusding Muhalling, M. Daud
The lives of minority groups have slightly different forms of interaction in religious aspects, social relations, and marriage law. Minority groups often experience discrimination in religious, social, and marriage administration services. This research provides an overview of religious patterns, social relations, and marriage law for the Baha'i minority group in Indonesia and the obstacles they face in interacting with general community groups. This research is qualitative research with a phenomenological approach. The participants in this study amounted to 10 people who were heads of families of the Baha'i group. The study's results found four crucial aspects of the life of the Baha'i community. First, the Baha'i group in religious life has three principles: the existence of the One God, the unity of all religions, and human unity. Second, the Baha'i group socially has no problems with the general public and can be socially accepted. Third, the Baha'i group in the legal aspect of marriage cannot access the legal registration of marriage. They perform inter-group marriages only and are only known to their group. Fourth, the obstacles experienced by the Baha'i group are more related to social and state rights services. The results of this study contribute theoretically to enriching and strengthening science and practically will reduce social problems in society, especially respect for minorities such as the Baha'i group.
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