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INDONESIA
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Published by Institut Agama Islam Negeri Salatiga
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 20, No 2 (2020)" : 7 Documents clear
Fairness in the distribution of land ownership in Indonesia based on Islamic law perspective Koko Komaruddin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.211-234

Abstract

The imbalance of land ownership and tenure, which results in several land cases, becomes the main problem in agrarian sector in Indonesia that needs quick handling. Although the government has issued some policies related to the agrarian sector, such cases have not been completely solved. The main cause of the imbalance of land ownership is not merely about substance or policy related to land, but also the fundamental concept, philosophy, and orientation of the policy. Regarding this matter, this article explains Islamic point of view about fairness in distribution of land ownership as an alternative solution. Methodologically, this research is normative juridical research which is not only descriptive, but also prescriptive with doctrinal approach. According to a research conducted, every policy related to land issued by the government should be based on the principles of public interest or social justice as well as security of life and property, which become part of the concept of maqashid al-syarî’ah. Thus, the government must play an active role in the mechanism for the distribution and revocation of property rights over the land. Additionally, to make a fair and equitable the distribution of land, the government is required to provide supports, such as intensification and extensification so that all people are able to receive, manage, and use land ownership rights.
Discrimination against wife in the perspective of CEDAW and Islam Mubādalah Habib Sulthon Asnawi; Habib Ismail
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.253-268

Abstract

This article analyzed wife discrimination in the household viewed from the perspective of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and Islam Mubādalah. Regulation of wife obligation in the household are stated in the Marriage Law (UUP), Number 1 of 1974, article 34 paragraph (b) saying that “A wife has duty to manage household affairs as well as possible”. The fact shows that the regulation is widely understood literally, hence it creates gender bias stigma and a wife discrimination. The study was a library research using a normative approach, which examined the Marriage Law with qualitative analysis and applied gender justice theories. The research showed that the regulation in the article 34 of the Marriage Law is interpreted textually, which has implications for discrimination against wife roles in the household. As the result, this understanding affects on wife discrimination and againsts gender justice in the perspective of CEDAW and Islam Mubādalah. As the novelty, the authors found that the wife discriminations in the household are due to the strong pratiarchical perspective in the article 34 of Marriage Law, and the article tends to be a masculine perspective.
Contextualization of the19th century Islamic law in Buton (a study on Sultan Muhammad Idrus Qaimuddin thought about mawaris) Muhammad Alifudin; Moh. Toriqul Chaer; Fitriah M. Suud
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.269-287

Abstract

This was a literary research about the contextualization of Islamic Law in Buton in the 19th Century. It proved a descriptive data about the paradigmatic basis used by Idrus Qaimuddin to re-actualize Islamic law in Buton. It utilized Von Eckartsberg’s phenomenological hermeneutic approach combined with Miles and Huberman’s analysis model. The study concluded that Idrus thought about mawaris was designed based on the Butonese needs and local character. It was product of Al-Qur’an constructed based on the spirit of reformation by prioritizing justice aspects to create social and cultural fairness. His attempt to re-interpret the mawaris verse showed his view on the text as something alive so that it needs a dialogue with condition and realities. Even though he did not explore much potentials of Islamic thurats which could enrich his views on mawaris, at least his thought proved that in the beginning of the 19th century, there was an Islamic scholar attempting to re-actualize Islamic teaching in this archipelago.
Court decisions on post-divorce children’s livelihood: Islamic law analysis on their practices in Indonesia and Malaysia Fauzul Hanif Noor Athief; Resti Hedi Juwanti
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.151-173

Abstract

A divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there  always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries.
Women and advocacy: study of the Ahmadiyya community in Tasikmalaya Inasshabihah Inasshabihah
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.191-210

Abstract

Advocacy against Ahmadiyya Indonesian Congregation (JAI) has been carried out in Tasikmalaya, West Java, both internally and externally to resolve various forms of intolerance, including mosques sealing and marriage registration. This research highlights the contribution of Ahmadi women with their experiences and efforts in the advocacy process through the concept of Agency and advocacy based on two approaches: Rights and Social Inclusion. This research shows that, 1) the experience of being a victim of intolerance is able to transform women from objects into subjects of advocacy and play a role in advocating themselves and their groups, and 2) internal advocacy is important to provide legal understanding to survivors to increase the awareness of Rights within groups. Therefore, women can contribute positively to the ongoing advocacy works.
Fulfillment of civil rights of extramarital children and its effect on social dimensions Alfian Qodri Azizi; Ali Imron; Bagas Heradhyaksa
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.235-252

Abstract

This article examines the fulfillment of the civil rights of extramarital children which has become a controversy since the issuance of the Constitutional Court decision no. 46/PUU-VIII/2010, which is considered as a progressive and responsive measure to guarantee children's rights. However, the content of this decision is considered to violate Islamic norms in giving family lineage to extramarital children for it will create a stigma that one does not need a sacred marriage institution if he only wants to establish a civil or lineage relationship with his biological father; instead, it only requires evidence based on science and technology or others in court. This article answers the questions of how to interpret the concept of the civil rights of extramarital children to avoid conflicts with Islamic norms and what are the philosophical and sociological benefits of fulfilling civil rights for extramarital children. This study is qualitative in nature. It is focused more on conceptual ideas based on library research using conceptual and case approaches. It was found that (1) the civil rights of extramarital children are not a lineage right but compensation from their biological father as a form of moral responsibility; (2) philosophically, the civil rights of extramarital children are to fulfill the value of social justice which is distributive and, sociologically, these rights create a prosperous social condition for society by fulfilling the civil rights of the next generation of the nation covering their physical, mental, spiritual, and intellectual needs.
Circular letter of Aceh’s Governor (ad interim) number 450/21770/2019: amid fanaticism and its controversy (content analysis) Zulkarnain Zulkarnain
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.175-189

Abstract

The purpose of this research is to discuss the Circular Letter of Aceh’s Governor (ad interim) number: 450/21770/2019 concerning “the prohibition of holding recitation other than the i’tiqad Ahlu Sunnah wal Jama’ah which caused controvercy and turmoil of religious life in Aceh because it only allows one understanding of fiqih and prohibits others. This is a normative / doctrinal research using a content analysis approach. The results show that the Aceh Government regulations contained in Circular Letter Number: 450/21770/2019 have brought negative precedents for religious harmony in Aceh, especially the freedom to understand and carry out the understanding of Islam in various madhhab.

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