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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Journal of International and Local Studies
Muhammad Fahmi Basyhah Fauzi
Universitas Bosowa
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Hijab Discourse in Indonesia: The Battle of Meaning Between Sharia and Culture in Public Space Muhammad Zain; Sitti Aaisyah; Asriaty Alimuddin; Akhmad Mughzi Abdillah; Muhammad Fahmi Basyhah Fauzi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.19383

Abstract

The phenomenon of wearing hijab is not only a reality in Indonesia but also in the Muslim world and even the world in general such as Europe, America, and Australia. This paper aims to examine the discourse on hijab between Islamic law (sharia) and culture. This is a normative study using legal pluralism as an approach.  This paper concludes that Indonesia has the largest Muslim population in the world, and the wearing of hijab has a long history until contemporary times. Currently, the phenomenon of hijra among Muslims is also on the rise, the hijab is then formalized into educational institutions and offices which not a few cause problems that sometimes arise discriminatory actions to those who do not want to use it. Another phenomenon about the use of hijab occurs in the realm of law. A woman dealing with legal issues, when presented at a press conference, some public figures wear hijab. Even in the judicial room, women who usually do not wear headscarves also change their appearance by wearing headscarves. Likewise, in a political campaign, women who usually do not wear headscarves, appear in hijab suits in public. Of these various phenomena, the hijab as a marker symbol has meaning, namely as a form of religious obedience, the identity of a Muslim woman, discipline in public spaces, and camouflage piety. From the perspective of legal pluralism, hijab is an articulation of strictness to the commandments of sharia as well as an inseparable part of the culture that has become a living practice in Indonesian society.
Should There Be A Second Chance for Ex-ISIS Indonesians? Rizqan Kamil; Muhammad Fahmi Basyhah Fauzi
JILS (Journal of International and Local Studies) Vol. 7 No. 2 (2023): July
Publisher : Universitas Bosowa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/jils.v7i2.3031

Abstract

The year of 2019 was hard on Islamic State in Iraq and Syria (ISIS), they lost their main territories and suffer from collapsing until finally lost their leader, al-Baghdadi, by US attack late October 2019. The situation led to the escape of thousands of their ex-members that currently stranded in several different refugee camps in Syria, among the thousands several hundred are Indonesian citizens. On February 11th 2020, the Indonesian government decided to not taking back all 689 Indonesian citizens that previously involved in the mentioned terrorist organization. This decision was taken under the pretext of preventing radical ideas to develop in Indonesia’s soil and ensuring the safety of Indonesian people from the threats of terrorism. Within this paper, we would like to challenge Indonesia’s decision by assessing the situation through the concept of international law and international security. According to the Universal Declaration of Human Rights and 1961 Convention on Reduction of Statelessness, every country should prevent its citizens from being stateless, thus Indonesia is in no position to reject its citizens and must assist them to get back to their country. Using the notion of international security, it is theoretically more beneficial for Indonesia to take their citizens back, rejection may lead to more dangerous retaliation by the abandoned citizens and could possibly cause bigger harm in their current state. This paper will try to offer alternative viewpoints to the current Indonesia’s policy.
Co-Authors Akhmad Mughzi Abdillah Asriaty Alimuddin Muhammad Zain Rizqan Kamil Sitti Aaisyah