Pub Date : 2024-02-15DOI: 10.22373/jiif.v24i1.14965
Abdul Manan, Kamarullah Kamarullah, Husaini Husda, Rasyad Rasyad, Fauzi Fauzi
Our study portrays burial rituals practiced by Aceh Province, Indonesia, as this ethnic group has distinctive traditions for burying deceased members of society due to the intertwining of cultures and religions in Aceh. The intertwining of the Islamic tenet with the local cultures has constructed the burial rituals in Aceh differently from any Islamic community in Indonesia. To discover the ritual’s distinction as this study’s focus, we explored three aspects of the rituals: processes, meanings, and implications. We integrated a qualitative approach through an ethnographic study by observing three burial rituals and interviewing 45 informants across the province. As a result, the processes covered initial meetings, grave cleansing, ceremonious announcement, feast, and pilgrimage. Regarding the ritual’s meanings, we revealed that the Acehnese people practiced the burial rituals to expect God’s blessing and forgiveness for the deceased, represent gratitude and homage toward the left family, affirm the local customs, and consolidate kinship relations. A for the implication, the series of rituals in burying a dead person in Aceh serves as a way to establish a vertical relationship from people to God, along with a horizontal relationship, from person to person, which contains local wisdom representing the identity of Aceh. The urgency of burial rituals reflects communities’ harmony and adherence to cultural and religious beliefs regardless of any condition.
{"title":"THE UNITY OF COMMUNITY IN CEMETERY: AN ETHNOGRAPHIC STUDY OF THE ISLAMIC BURIAL RITUALS IN ACEH, INDONESIA","authors":"Abdul Manan, Kamarullah Kamarullah, Husaini Husda, Rasyad Rasyad, Fauzi Fauzi","doi":"10.22373/jiif.v24i1.14965","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.14965","url":null,"abstract":"Our study portrays burial rituals practiced by Aceh Province, Indonesia, as this ethnic group has distinctive traditions for burying deceased members of society due to the intertwining of cultures and religions in Aceh. The intertwining of the Islamic tenet with the local cultures has constructed the burial rituals in Aceh differently from any Islamic community in Indonesia. To discover the ritual’s distinction as this study’s focus, we explored three aspects of the rituals: processes, meanings, and implications. We integrated a qualitative approach through an ethnographic study by observing three burial rituals and interviewing 45 informants across the province. As a result, the processes covered initial meetings, grave cleansing, ceremonious announcement, feast, and pilgrimage. Regarding the ritual’s meanings, we revealed that the Acehnese people practiced the burial rituals to expect God’s blessing and forgiveness for the deceased, represent gratitude and homage toward the left family, affirm the local customs, and consolidate kinship relations. A for the implication, the series of rituals in burying a dead person in Aceh serves as a way to establish a vertical relationship from people to God, along with a horizontal relationship, from person to person, which contains local wisdom representing the identity of Aceh. The urgency of burial rituals reflects communities’ harmony and adherence to cultural and religious beliefs regardless of any condition.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"74 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140455771","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 : 2024-02-15DOI: 10.22373/jiif.v24i1.17320
Imron Rosidi, Eko Saputra, K. Khotimah, Avazbek Ganiyev, M. Masduki, Abd. Ghofur
This article deals with traditional religious authority in a given context, namely the village of Madani in Riau, Sumatra, Indonesia. It specifically asks how this traditional religious authority is established and shaped in the context of an Indonesian rural Muslim society. This article uses observation and interviews to collect data based on an ethnographic study. This village is selected to be the place of study because it represents the typical characteristics of Indonesian villages. This article finds that traditional religious authority in Indonesia is not established and shaped linearly. However, it is compromised and contested. Although Muslims in this community regard a Kiai as a respected man having a religious charisma, this society also contests his religious authority to contribute to the resignation of the kiai from the Pesantren (Islamic Boarding School). This resignation supports him in developing his Tariqah (Sufi Order), followed by many community Muslims. Although he does not own a Pesantren, it indicates that his religious authority has been negotiated through the Tariqah. This negotiation implicates that traditional religious authority in Indonesia is not given without contestation from the Muslim community. Furthermore, it also indicates that traditional religious authority's trajectory and shape in rural areas are not monolithic, depending on society's social and cultural context.
{"title":"NEGOTIATING TRADITIONAL RELIGIOUS AUTHORITY IN INDONESIAN ISLAM : THE CASE OF MADANI VILLAGE","authors":"Imron Rosidi, Eko Saputra, K. Khotimah, Avazbek Ganiyev, M. Masduki, Abd. Ghofur","doi":"10.22373/jiif.v24i1.17320","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.17320","url":null,"abstract":"This article deals with traditional religious authority in a given context, namely the village of Madani in Riau, Sumatra, Indonesia. It specifically asks how this traditional religious authority is established and shaped in the context of an Indonesian rural Muslim society. This article uses observation and interviews to collect data based on an ethnographic study. This village is selected to be the place of study because it represents the typical characteristics of Indonesian villages. This article finds that traditional religious authority in Indonesia is not established and shaped linearly. However, it is compromised and contested. Although Muslims in this community regard a Kiai as a respected man having a religious charisma, this society also contests his religious authority to contribute to the resignation of the kiai from the Pesantren (Islamic Boarding School). This resignation supports him in developing his Tariqah (Sufi Order), followed by many community Muslims. Although he does not own a Pesantren, it indicates that his religious authority has been negotiated through the Tariqah. This negotiation implicates that traditional religious authority in Indonesia is not given without contestation from the Muslim community. Furthermore, it also indicates that traditional religious authority's trajectory and shape in rural areas are not monolithic, depending on society's social and cultural context.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140456168","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 : 2024-02-15DOI: 10.22373/jiif.v24i1.17141
Saepudin Mashuri, Sauqi Futaqi, Ahmad Sulhan
This study examines the spiritual base of Pesantren, which is essential in building multicultural awareness. In Indonesia, Pesantren is an Islamic religious education institution emphasizing spirituality's importance. Pesantren is also closely related to various social and religious aspects. This study aims to find a spiritual base and its utilization in building multicultural awareness. This research uses a phenomenological qualitative study with data collection through observation, interviews, and documentation. The research was conducted for 1.5 years, from 2018-2019. Observations were made for a week every month. Interviews were conducted with 16 informants at site A and 13 at site B. Data analysis used a constant comparative model. From the results of the study, there are several significant findings: 1) Kiai's view of the spirituality of Islamic boarding schools related to multiculturalism is based on the monotheism of humanity; 2) Pesantrens have spiritual capital that comes from Sufistic teachings (Sufism) and interacts spirally with multiculturalism; 3) multicultural values are born from spiritual values that are grown and summarised in three categories of values, namely fundamental values, personal values , and social values; and 4) spiritual-multicultural interactions that continue to make students more multicultural competent. Multicultural awareness built through intense spirituality can birth "selfless multiculturalism"; an authentic multicultural attitude.
{"title":"SPIRITUAL BASE OF PESANTREN FOR BUILDING MULTICULTURAL AWARENESS IN INDONESIA CONTEXT","authors":"Saepudin Mashuri, Sauqi Futaqi, Ahmad Sulhan","doi":"10.22373/jiif.v24i1.17141","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.17141","url":null,"abstract":"This study examines the spiritual base of Pesantren, which is essential in building multicultural awareness. In Indonesia, Pesantren is an Islamic religious education institution emphasizing spirituality's importance. Pesantren is also closely related to various social and religious aspects. This study aims to find a spiritual base and its utilization in building multicultural awareness. This research uses a phenomenological qualitative study with data collection through observation, interviews, and documentation. The research was conducted for 1.5 years, from 2018-2019. Observations were made for a week every month. Interviews were conducted with 16 informants at site A and 13 at site B. Data analysis used a constant comparative model. From the results of the study, there are several significant findings: 1) Kiai's view of the spirituality of Islamic boarding schools related to multiculturalism is based on the monotheism of humanity; 2) Pesantrens have spiritual capital that comes from Sufistic teachings (Sufism) and interacts spirally with multiculturalism; 3) multicultural values are born from spiritual values that are grown and summarised in three categories of values, namely fundamental values, personal values , and social values; and 4) spiritual-multicultural interactions that continue to make students more multicultural competent. Multicultural awareness built through intense spirituality can birth \"selfless multiculturalism\"; an authentic multicultural attitude.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"9 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139963065","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 : 2024-02-02DOI: 10.22373/jiif.v24i1.19017
Salam Jijakli, Mohamad Jalal Istanbouli
The Holy Books addressed the story of the first man through all of its phases; creation, living in Paradise as the first home and settling in the earth as the second and temporal one. This paper analyzes the related texts in the Holy Books, due to their importance as sources that tell this part of the humankind’s story, in addition to their religious reliability for their believers, to answer this question: What are the characteristics of the ideal house? The research follows the comparative descriptive approach by extracting the characteristics of the man’s first home from the religious texts. Then, measuring their fulfillment of the elements of architecture and the humans’ needs while comparing between the versions of the Holy Qur’an and the Holy Book. The importance of this research lies in the usage of the religious stories in connection with housing concepts and theories of architecture. The paper has accomplished conclusions and recommendations that highlight the importance of balancing the utilitarian and practical aspects with the psychological and emotional comfort while designing a home.
{"title":"AL-MASKAN AL-AWWAL LI AL-INSĀN AL-AWWAL NAẒRAH FĪ AL-KUTUB AL-SAMĀWIYYAH","authors":"Salam Jijakli, Mohamad Jalal Istanbouli","doi":"10.22373/jiif.v24i1.19017","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.19017","url":null,"abstract":"The Holy Books addressed the story of the first man through all of its phases; creation, living in Paradise as the first home and settling in the earth as the second and temporal one. This paper analyzes the related texts in the Holy Books, due to their importance as sources that tell this part of the humankind’s story, in addition to their religious reliability for their believers, to answer this question: What are the characteristics of the ideal house? The research follows the comparative descriptive approach by extracting the characteristics of the man’s first home from the religious texts. Then, measuring their fulfillment of the elements of architecture and the humans’ needs while comparing between the versions of the Holy Qur’an and the Holy Book. The importance of this research lies in the usage of the religious stories in connection with housing concepts and theories of architecture. The paper has accomplished conclusions and recommendations that highlight the importance of balancing the utilitarian and practical aspects with the psychological and emotional comfort while designing a home.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"5 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140462661","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 : 2024-02-02DOI: 10.22373/jiif.v24i1.13284
Emawati Emawati, Teuku Zulfikar, Habiburrahim Habiburrahim, S. Akmal, Anis Sundusiyah
Progressive Education (PE) aims to promote students' active participation and involvement in the learning process. PE strongly supports learner-centered instruction (LCI), enabling students to be active participants rather than passive recipients of knowledge. Nevertheless, the LCI has not yet gained popularity in the Indonesian school settings, particularly in Modern Islamic Boarding Schools. This enables us to do research on the potential and obstacles of implementing the LCI as required by Progressive Education in Islamic boarding schools. Data for this qualitative study was gathered through Focus Group Discussions (FGDs), in-depth interviews and an online communication with 24 teachers from Islamic Boarding Schools in the province of Aceh. The findings indicate that although worries about the issues of the LCI are still arising, the teachers involved in this research believe that the LCI has promising prospects in the near future. The finding also found that although the LCI is considered an efficient method for facilitating optimal learning, it is deemed to be less successful in some courses.
{"title":"LOCATING LEARNER-CENTERED INSTRUCTION IN ISLAMIC BOARDING SCHOOLS’ CLASSROOMS: PROSPECTS AND CHALLENGES","authors":"Emawati Emawati, Teuku Zulfikar, Habiburrahim Habiburrahim, S. Akmal, Anis Sundusiyah","doi":"10.22373/jiif.v24i1.13284","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.13284","url":null,"abstract":"Progressive Education (PE) aims to promote students' active participation and involvement in the learning process. PE strongly supports learner-centered instruction (LCI), enabling students to be active participants rather than passive recipients of knowledge. Nevertheless, the LCI has not yet gained popularity in the Indonesian school settings, particularly in Modern Islamic Boarding Schools. This enables us to do research on the potential and obstacles of implementing the LCI as required by Progressive Education in Islamic boarding schools. Data for this qualitative study was gathered through Focus Group Discussions (FGDs), in-depth interviews and an online communication with 24 teachers from Islamic Boarding Schools in the province of Aceh. The findings indicate that although worries about the issues of the LCI are still arising, the teachers involved in this research believe that the LCI has promising prospects in the near future. The finding also found that although the LCI is considered an efficient method for facilitating optimal learning, it is deemed to be less successful in some courses.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"182 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140462305","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}
This study aims to assess the potential risk and anticipated returns of equity and debt-based financing products in Islamic banking in Indonesia, represented by the three most prevalent contracts: musharakah, mudharabah, and murabahah. Data was collected from banks' monthly financial reports published on the Indonesia Financial Service Authority (OJK) website from 2014 to 2020, resulting in 82 observations. Data analysis was conducted using the Value at Risk (VaR) method with the variance-covariance approach. Among many methods, VaR is one of the most popular techniques that yields the most comprehensive results in measuring risk and return. The findings reveal that, in general, all equity and debt-based financing yielded stable risk and returns. However, equity-based financing produced higher returns, but also generated higher risks due to its uncertain nature. The results also demonstrate that risk management in Islamic banks improved gradually during the observation period, as indicated by the average score of portfolio combinations. These findings suggest that Islamic banks should balance their product offerings between equity-based financing and debt-based financing while simultaneously strengthening risk management, especially for murabahah products in equity-based financing.
{"title":"MANAGING FINANCING RISK OF ISLAMIC BANKING PRODUCTS IN INDONESIA: A VALUE AT RISK APPROACH","authors":"Nilam Sari, Azharsyah Ibrahim, Muzammil Muzammil, Muksal Muksal","doi":"10.22373/jiif.v24i1.17693","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.17693","url":null,"abstract":"This study aims to assess the potential risk and anticipated returns of equity and debt-based financing products in Islamic banking in Indonesia, represented by the three most prevalent contracts: musharakah, mudharabah, and murabahah. Data was collected from banks' monthly financial reports published on the Indonesia Financial Service Authority (OJK) website from 2014 to 2020, resulting in 82 observations. Data analysis was conducted using the Value at Risk (VaR) method with the variance-covariance approach. Among many methods, VaR is one of the most popular techniques that yields the most comprehensive results in measuring risk and return. The findings reveal that, in general, all equity and debt-based financing yielded stable risk and returns. However, equity-based financing produced higher returns, but also generated higher risks due to its uncertain nature. The results also demonstrate that risk management in Islamic banks improved gradually during the observation period, as indicated by the average score of portfolio combinations. These findings suggest that Islamic banks should balance their product offerings between equity-based financing and debt-based financing while simultaneously strengthening risk management, especially for murabahah products in equity-based financing.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"81 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140462358","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 : 2024-02-02DOI: 10.22373/jiif.v24i1.13785
Samsul Bahri, S. Akmal, Yasmin Thahira, Danil Akbar Taqwadin
The Qur'an as a source of guidance accommodates various factors that can guide humans towards achieving worldly and hereafter benefits. Not all the guidance of the Qur'an are explicitly expressed in the form of understandable and practical commands and prohibitions. Some of the instructions from the Qur'an are obtained by interpreting certain symbols, including through the stories of the previous populaces. This study aims to explore the role of fathers in educating children's character through the five stories of father and son in the Qur'an, namely the story of Prophet Abraham, Prophet Jacob, Prophet Noah, Sheikh Madyan and Luqmān. This study adopts a qualitative methodology by adhering to the thematic interpretation (mauḍūʿī)) pattern with a tarbawī (an Islamic education approach) pattern method of analysis. The data of this paper were obtained in the form of verses of the Qur'an and their interpretations as well as other written materials and presented qualitatively after going through a number of analyses and interpretations. The results of the study conclude that the Qur'an clearly describes the role of father figures in educating children's character. These figures educate children's character by instilling monotheism; determination to maintain faith, worship and morals; be a good listener; understand the character of the child; be democratic and respect children's opinions; and are patient even if the child disobeys.
{"title":"FATHER’S ROLE AND CHARACTER EDUCATION: A REFLECTIVE ANALYSIS OF THE QUR’ANIC STORIES","authors":"Samsul Bahri, S. Akmal, Yasmin Thahira, Danil Akbar Taqwadin","doi":"10.22373/jiif.v24i1.13785","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.13785","url":null,"abstract":"The Qur'an as a source of guidance accommodates various factors that can guide humans towards achieving worldly and hereafter benefits. Not all the guidance of the Qur'an are explicitly expressed in the form of understandable and practical commands and prohibitions. Some of the instructions from the Qur'an are obtained by interpreting certain symbols, including through the stories of the previous populaces. This study aims to explore the role of fathers in educating children's character through the five stories of father and son in the Qur'an, namely the story of Prophet Abraham, Prophet Jacob, Prophet Noah, Sheikh Madyan and Luqmān. This study adopts a qualitative methodology by adhering to the thematic interpretation (mauḍūʿī)) pattern with a tarbawī (an Islamic education approach) pattern method of analysis. The data of this paper were obtained in the form of verses of the Qur'an and their interpretations as well as other written materials and presented qualitatively after going through a number of analyses and interpretations. The results of the study conclude that the Qur'an clearly describes the role of father figures in educating children's character. These figures educate children's character by instilling monotheism; determination to maintain faith, worship and morals; be a good listener; understand the character of the child; be democratic and respect children's opinions; and are patient even if the child disobeys.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"72 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140462011","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 : 2024-02-02DOI: 10.22373/jiif.v24i1.14967
Saifuddin Sa’dan, Husni Mubarrak, Hamdiah Hamdiah, Amir Muhammed Kafei Kjoor
This article would like to discuss one of the theories of ijtihād that is well-recognized in the science of ushūl fiqh, namely the theory of ijtihād istiṣlāhiy, in terms of its concept and its application to solve contemporary Islamic law by making the fatwas of the Covid-19 in Indonesia as the object of study. Even though a fatwa is a legal notification which is legal and unbinding, fatwa is certainly not produced from a vacuum, but has gone through a process of understanding the details of the proposed Islamic law issue and studying it using the appropriate ijtihād method, one of which is ijtihād istiṣlāhiy. This article presents the results of a qualitative research using a bibliographical study as the method. This article attempts to present an academic discussion regarding the flexibility of ijtihād istiṣlāhiy, its limits as well as its dhawābith in answering contemporary Islamic law issues by examining the side of the establishment of the Covid-19 fatwas law in Indonesia in this recent period. The results of the study show that the fatwas regarding Covid-19 in Indonesia is based on the principle of benefit (maṣlahah) reached through the ijtihād istiṣlāhiy method.
{"title":"IMKĀNIYĀT AL-IJTIHĀD AL-ISTIṢLĀHĪ WA ISHĀMĀTUHU LI HALL AL-QADHĀYĀ AL-FIQHIYYAH AL-MU’ĀṢARAH: DIRĀSAT FĪ FATĀWĀ JĀ’IHAH COVID FĪ INDONESIA","authors":"Saifuddin Sa’dan, Husni Mubarrak, Hamdiah Hamdiah, Amir Muhammed Kafei Kjoor","doi":"10.22373/jiif.v24i1.14967","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.14967","url":null,"abstract":"This article would like to discuss one of the theories of ijtihād that is well-recognized in the science of ushūl fiqh, namely the theory of ijtihād istiṣlāhiy, in terms of its concept and its application to solve contemporary Islamic law by making the fatwas of the Covid-19 in Indonesia as the object of study. Even though a fatwa is a legal notification which is legal and unbinding, fatwa is certainly not produced from a vacuum, but has gone through a process of understanding the details of the proposed Islamic law issue and studying it using the appropriate ijtihād method, one of which is ijtihād istiṣlāhiy. This article presents the results of a qualitative research using a bibliographical study as the method. This article attempts to present an academic discussion regarding the flexibility of ijtihād istiṣlāhiy, its limits as well as its dhawābith in answering contemporary Islamic law issues by examining the side of the establishment of the Covid-19 fatwas law in Indonesia in this recent period. The results of the study show that the fatwas regarding Covid-19 in Indonesia is based on the principle of benefit (maṣlahah) reached through the ijtihād istiṣlāhiy method.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"89 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140462130","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 : 2024-02-02DOI: 10.22373/jiif.v24i1.19870
Abdul Jalil Salam, Ali Abubakar, Ihdi Karim Makinara
Qanun Jinayat or the Islamic Criminal Code in Aceh responds to sexual violence by stipulating norms for caning, imprisonment, and fines for offenders of these types of crimes. This is a positive effort in combating sexual crime which has become a global problem. However, at the technical level, especially in court, the ideals of justice for victims, offenders, and the community, are "disturbed" by the emergence of normative contestations between caning and imprisonment. This paper, thus, dissects the reality of the contestation referred to the judge’s decision in the Court of Appeals, the factors that influence the judge’s verdict and its implications for the protection of victims. Primary data is the decisions of the Mahkamah Shar`iyah (Religious Court) at the first level, appeals and cassation for 2016-2020, while secondary data is in the Qanun Jinayat and other Aceh local qanuns. The data is tabulated in such a way as to find the dominant form of punishment, including all offenses regulated by the Qanun Jinayat and forms of caning and imprisonment which are continued at the Court of Appeal to find possible changes in the form of punishment from the Court of First Instance. Data were analyzed using the concepts of norm contestation, judges' legal considerations, and legal protection for victims of sexual violence. The findings revealed that the contestation occurred due to legal, extra legal and regulatory dualism scenarios. This has further triggered latent contestation of authority. As a result, victims of sexual violence crimes, especially children, have not received proper protection. Hence, further studies and specific stakeholder policies are needed.
亚齐的《Qanun Jinayat》或《伊斯兰刑法典》对性暴力做出了回应，规定了对此类罪行的犯罪者处以鞭笞、监禁和罚款的标准。这是在打击已成为全球问题的性犯罪方面做出的积极努力。然而，在技术层面上，尤其是在法庭上，由于出现了鞭笞和监禁之间的规范性争议，为受害者、罪犯和社区伸张正义的理想受到了 "干扰"。因此，本文剖析了上诉法院法官判决中的争议现实、影响法官判决的因素及其对保护受害者的影响。主要数据是2016-2020年Mahkamah Shar`iyah（宗教法院）一级法院、上诉法院和撤销原判法院的判决，次要数据来自Qanun Jinayat和其他亚齐地方qanun。数据以表格的形式列出，以便找到主要的惩罚形式，包括由 Qanun Jinayat 规定的所有罪行以及上诉法院继续采用的杖刑和监禁形式，从而找到初审法院惩罚形式可能发生的变化。数据分析采用了规范争议、法官的法律考虑和对性暴力受害者的法律保护等概念。研究结果表明，争论发生的原因是法律、法律外和监管的二元对立。这进一步引发了潜在的权力争夺。因此，性暴力犯罪的受害者，尤其是儿童，没有得到应有的保护。因此，需要开展进一步研究，并制定具体的利益相关者政策。
{"title":"THE CONTESTATION OF CANING AND IMPRISONMENT FOR SEXUAL HARASSMENT: TRACING THE ROOTS OF JUDGES’ LEGAL CONSIDERATIONS IN ACEH, INDONESIA","authors":"Abdul Jalil Salam, Ali Abubakar, Ihdi Karim Makinara","doi":"10.22373/jiif.v24i1.19870","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.19870","url":null,"abstract":"Qanun Jinayat or the Islamic Criminal Code in Aceh responds to sexual violence by stipulating norms for caning, imprisonment, and fines for offenders of these types of crimes. This is a positive effort in combating sexual crime which has become a global problem. However, at the technical level, especially in court, the ideals of justice for victims, offenders, and the community, are \"disturbed\" by the emergence of normative contestations between caning and imprisonment. This paper, thus, dissects the reality of the contestation referred to the judge’s decision in the Court of Appeals, the factors that influence the judge’s verdict and its implications for the protection of victims. Primary data is the decisions of the Mahkamah Shar`iyah (Religious Court) at the first level, appeals and cassation for 2016-2020, while secondary data is in the Qanun Jinayat and other Aceh local qanuns. The data is tabulated in such a way as to find the dominant form of punishment, including all offenses regulated by the Qanun Jinayat and forms of caning and imprisonment which are continued at the Court of Appeal to find possible changes in the form of punishment from the Court of First Instance. Data were analyzed using the concepts of norm contestation, judges' legal considerations, and legal protection for victims of sexual violence. The findings revealed that the contestation occurred due to legal, extra legal and regulatory dualism scenarios. This has further triggered latent contestation of authority. As a result, victims of sexual violence crimes, especially children, have not received proper protection. Hence, further studies and specific stakeholder policies are needed.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"176 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140462311","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 : 2024-02-02DOI: 10.22373/jiif.v24i1.18118
Souad Kourime
The Holy Quran is the undisputed first source of science in the Islamic heritage. However, this source has faded in some human sciences that have been affected by positivist thought and Western epistemology, including the science of history. This paper aims to restore consideration of the Holy Quran as a methodological and cognitive source for historical studies. In order to achieve this goal, this paper invoked two aims of the study of historical knowledge in the Holy Qur’an, namely the purpose of methodological necessity and the purpose of cognitive sufficiency of the Qur’an as a source in the study of history. This paper relied on the qualitative approach, which starts by induction and description, then qualitative analysis, and ends with drawing conclusions. As a result, the paper invested the purposes of studying Qur’anic knowledge in the field of history to prove the cognitive value and methodological accuracy of the historical knowledge enshrined in the Holy Qur'an.
{"title":"MAQĀṢID DIRĀSAT AL-MA'RIFAH AL-TĀRĪKHIYYAH FĪ AL-QUR'ĀN AL-KARĪM","authors":"Souad Kourime","doi":"10.22373/jiif.v24i1.18118","DOIUrl":"https://doi.org/10.22373/jiif.v24i1.18118","url":null,"abstract":"The Holy Quran is the undisputed first source of science in the Islamic heritage. However, this source has faded in some human sciences that have been affected by positivist thought and Western epistemology, including the science of history. This paper aims to restore consideration of the Holy Quran as a methodological and cognitive source for historical studies. In order to achieve this goal, this paper invoked two aims of the study of historical knowledge in the Holy Qur’an, namely the purpose of methodological necessity and the purpose of cognitive sufficiency of the Qur’an as a source in the study of history. This paper relied on the qualitative approach, which starts by induction and description, then qualitative analysis, and ends with drawing conclusions. As a result, the paper invested the purposes of studying Qur’anic knowledge in the field of history to prove the cognitive value and methodological accuracy of the historical knowledge enshrined in the Holy Qur'an.","PeriodicalId":31659,"journal":{"name":"Jurnal Ilmiah Islam Futura","volume":"158 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140462476","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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