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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 22, No 1 (2022)" : 7 Documents clear
Gender Fiqh: Mobilization of Gender-Responsive Movement on Social Media Siti Nurjanah; Iffatin Nur
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.1-18

Abstract

This study aimed to reformulate the ijtihad of gender-responsive fiqh. Such ijtihad model is needed in order to respond to the developments and dynamics of life in the current contemporary era. Moreover, current social reality and condition are often associated with empowerment of and justice for women. Movements and responses toward women’s issues recently has been occurring quite monumentally on social media. Such movements represent a response toward media development, especially on social media platforms. This literature-based study collected data from literature studies and descriptive critical analysis. Through the critical analysis, this study found an interpretation of gender fiqh ijtihad model initiated through social media platforms.
The contestation of Islamic legal thought: Dayah’s jurists and PTKIN’s jurists in responding to global issues Danial Danial; Munadi Usman; Nur Sari Dewi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.19-36

Abstract

This study aims to understand the contestation of Islamic legal thought between the scientific tradition of Dayah (Islamic boarding school) and the State Islamic Higher Education Institutions (PTKIN) in responding to global issues. The main data sources in this research are words and actions, the rest are additional data such as documents. Methods of data collection included interviews, observation, and documentation. All data obtained were analyzed by data reduction, analysis, and interpretation. Based on the objectives and research methods above, it was found that there were three factors causing the emergence of contestation between the two Islamic educational institutions, namely, (1) the different methodologies and approaches to Islamic law used; (2) the difference in the spirit of fiction between Dayah and PTKIN. Dayah has the spirit of preserving fiqh, while PTKIN’s spirit is fiqh renewal; (3) Political background. The contestation between Dayah and PTKIN occurred in two areas, namely the area of worship and non-worship. Based on the references, methods of reasoning, approach, and spirit possessed by these two Islamic educational institutions, it can be understood that the two models of Islamic legal thought have the potential to be integrated. Such integration may include; integration of foundations, sources, methods, approaches, and reasoning models.
Wilayatul Hisbah’s (WH) strategy to enforce the law against Khalwat case in Ujung Karang West Aceh Regency Arfriani Maifizar
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.37-52

Abstract

This study seeks to understand Wilayatul Hisbah’s strategy in minimizing violations of Islamic sharia in relation to the khalwat case in the community, especially in Ujung Karang, West Aceh Regency. Ujung Karang is a coastal area visited by many local tourists and is also open to national and international tourism. Yet, there have been some teenagers, youths and young women who have traveled to these tourism regions and violated Islamic law by conducting khalwat such as at dimly lit cafes. The purpose of this study is to explore strategies, roles, functions, and obstacles faced by Wilayatul Hisbah when carrying out their duties in Ujung Karang. The research method used is a qualitative method with a constructivist paradigm. Data collection technique involves mainly in-depth interviews with key informants from Wilayatul Hisbah’s personnel, community leaders, and religious leaders. In addition, it also obtains secondary data regarding the violations of the Islamic law, namely khalwat. The results of this study illustrate that Wilayatul Hisbah's strategy in preventing khalwat in Ujung Karang includes socialization of qanun (principles) through spreading brochures and banners, conducting routine patrols and curfew, as well as coaching and building cooperation with the local community.
Position of fatwa in Islamic law: the effectiveness of MUI, NU, and Muhammadiyah fatwas Ansori Ansori
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.53-72

Abstract

Quantitatively, there is a gap between the number of limited religious texts and the enormous reality of dynamic context. Indeed, in the main principle of Islamic law, every activity carried out by a Muslim must comply with sharia rules. The syara’ regulations are religious texts concerning words, actions, or other activities carried out by someone capable of law (mukallaf). To overcome the possible gap between the text and the context, the scholars (ulama) formulate various methods with the result that Islamic law can be a medium of connecting and an effective means of compromising religious texts with one’s activities. With the production of these various methods, the production of texts that have ended since the death of the Prophet Muhammad ± 1500 years ago will still have control and be able to guide humankind. This article discussed how fatwa, as scholars’ thoughts, has a dialectic with society’s reality. In addition, it also explored fatwas’ practical level. In fact, fatwa is one of the efforts to find syar’i answers to various problems arising in human life, especially in modern times
Halal tourism regulations in Indonesia: trends and dynamics in the digital era Lukman Santoso; Agus Triyanta; Jawahir Thontowi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.73-94

Abstract

The halal tourism industry is an emerging sector that has recently become a global trend in economic development in many countries. However, in various regions in Indonesia, halal tourism triggers anomalies and raises pros and cons. This article aims to explore the construction of halal tourism development in five regions in Indonesia. It seeks to formulate a sustainable halal tourism regulatory model that is based on plurality and local wisdoms of the local community. This study uses a legal research method, with a critical-constructive approach. The findings from this study conclude that the development of halal tourism regulations in various regions shows a positive and dynamic direction in line with the configuration of regional tourism policies, which needs to be continuously encouraged and accelerated. As such, amid these positive trends and dynamics, regional halal tourism development needs to adopt a sustainable halal tourism regulatory model that is based on community plurality and is responsive to local wisdoms. This article supports the realization of a sustainable halal tourism policy following the Covid-19 pandemic in the midst of a plurality of regional communities.
Istiqra al-al-ma’nāwī; multicultural judicial reasoning Isman Isman; Yahya Yahya
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.95-116

Abstract

This article offers the istiqra’ al-ma’nāwī as multicultural-based judicial reasoning to answer the gap between the monocultural pattern of norms required by the codification of law and the multicultural based social-structure of Indonesian society. By using a legal philosophy approach, this study concludes that istiqra’ al-ma’nāwī is oriented to balance the interests (al-wasīlah) and the needs (al-ghāyah) as the basic framework for distinguishing relative and absolute values of law. The judicial reasoning style offered by istiqra’ al-ma’nāwī can be operationalized through moderating ethical contestation and formulating justice and legal certainty based on multiculturality. The operationalization is carried out through three stages: The first is konstatiring stage, where the judges use social reintegration as an optic to see if there is disrupted social risk, like identity superiority motives. The second is separating the original from the derivative goals. The original legal goal is to protect the rights of marginalized communities and equality, while the derivative legal goal is access to welfare and the rights of impunity. The third is konstituir stage, by considering the significance of social control outside the legal aspect.
Harmonization of Islam and human rights: judges’ legal arguments in rejecting child marriage dispensation in Sukadana, Indonesia M Anwar Nawawi; Sulastri Sulastri; Relit Nur Edi; Agus Setiawan
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.117-134

Abstract

This article analyzes the rejection of an application for child marriage dispensation at the Sukadana Religious Court, Indonesia. Normatively, building a family and preserving the lineage are human rights, but the judges reject the application for the marriage dispensation. This normative research used observation, interviews, and documentation to collect data. In rejecting the marriage dispensation, the Religious Court judges used two arguments: normative (fiqh rules) and juridical (regulations related to human rights). The legal arguments integrate Islamic values (benefits and avoiding disgrace) with human rights principles. They seek to protect the petitioners' human rights, especially children's rights. From the finding above, the researchers suggest that there is no conflict between Islam and human rights. Both harmonize in their value of protecting the citizens. This study has implications for the increased unregistered marriages that do not have legality.

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