cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota salatiga,
Jawa tengah
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 23, No 1 (2023)" : 7 Documents clear
Sharia and Islamic state in Indonesia constitutional democracy: an Aceh experience Khamami Zada
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 23, No 1 (2023)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v23i1.1-18

Abstract

A question arises in the implementation of Sharia in Aceh: Is Sharia compatible with democracy as a political system in Indonesia? And with a comprehensive Sharia implementation, will it threaten the existence of the Indonesian state? This paper discussed Sharia's expansion, potentially leading to the establishment of the Islamic state of Aceh. This study was conducted using qualitative research. Primary data were taken from interviews with academics, journalists, non-governmental organization activists, youths, and focused group discussions with the leaders of the Islamic Sharia Office in Aceh Province. Meanwhile, the secondary data were gathered from historical documents, legislation, and Qanun in Aceh. The collected data were analyzed using the legal history theory of Pound (1923) and the Islamic democratic state theory of Hayes (2014). This research found the gradual implementation of Sharia in Aceh within the Indonesian democratic system. These constitutional ways were chosen to avoid the conflict between the Sharia and national legal and political systems. This, then, has led to the legalization of Sharia in the local and national political contestation. In the next phase, with the increasingly widespread Sharia rules and regulations on worship, criminal law, and economic law, Aceh can be called a small prototype of an Islamic state. With the significant historical, political, and social power, the roadmap of Sharia implementation in Aceh indicates a clear direction for the reflection of God's sovereignty as the foundation of the Islamic democratic state, even if it is in the local context.
Restorative justice-based criminal case resolution in Salatiga, Indonesia: Islamic law perspective and legal objectives Ariefulloh Ariefulloh; Hibnu Nugroho; Angkasa Angkasa; Riris Ardhanariswari
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 23, No 1 (2023)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v23i1.19-36

Abstract

Restorative justice is a pattern of dispute resolution which emphasizes the responsibility of the perpetrator for the consequences of his actions while at the same time paying attention to the position of the victim. This is not simply about punishing the offender; it is about obtaining justice through discussion outside of the criminal justice system to ensure the situation can be returned to its prior state. Islamic law offers a concept of restorative justice called islah, which is a technique to resolve conflicts between parties by forgiving one another. Salatiga City, the most tolerant city in Indonesia, is where this study is being conducted. The idea of restorative justice is used to resolve disputes through the role of a lurah (head of neighborhood), who is responsible for upholding communal order. It is intriguing to investigate whether the reality of restorative justice in Salatiga City can achieve the three main objectives of the law as outlined by Gustav Radburch: justice, benefit, and legal certainty. This study employs a qualitative methodology and a socio-legal research design. Interviews with the offenders, victims, and the lurah who served as the government's mediator resulted in the gathering of data. The findings of this study demonstrate that Salatiga City's restorative justice method to conflict settlement has achieved the goals of justice and legal advantage and can even foster good will among the parties. The absence of lurah's legal standing in the resolution of this issue, however, does not satisfy the requirement of legal clarity. For Salatiga City residents, a legal foundation is required for restorative justice-based legal dispute settlement
Examining Qanun in Aceh from a human rights perspective: status, substance and impact on vulnerable groups and minorities Dian Andi Nur Aziz; Al Khanif; Mimin Dwi Hartono; Ade Angelia Yusniar Marbun
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 23, No 1 (2023)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v23i1.37-56

Abstract

The Helsinki Agreement between the Aceh Freedom Movement (GAM) and the Indonesian Government aimed to end long-standing conflict and inequality in Aceh. It also legally empowered the Acehnese to govern their own province and protect their citizens from human rights abuses. Regrettably, the implementation of laws and policies in Aceh since the agreement, such as Qanun, has had an adverse effect on human rights, particularly for vulnerable groups and minorities. This paper analyses the need to align the substance of Qanun with international human rights norms and assesses the feasibility of implementing Qanun without violating human rights. The research method used is the qualitative method. The data collection technique mainly involves in-depth interviews with key informants, including academics, members of Aceh parliament, civil society organisations, representatives of religious organisations, the Aceh Sharia Court, the Acehnese government, and practitioners on women and children, as well as victims of human rights violations and literature reviews. This study has found that the implementation of Aceh Qanun has had negative consequences on the protection of human rights, particularly for vulnerable groups and minorities. In addition, it also affects vulnerable groups, Muslim and non-Muslim minorities who have been “forced to conform” with Aceh Qanun. The paper advocates for a harmonious balance between Qanun and human rights, which can be achieved through a more constructive dialogue between the two.
The system of inheritance distribution in South Sulawesi Abdul Mutakabbir; Hastuti Hastuti; Mikdar Rusdi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 23, No 1 (2023)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v23i1.57-76

Abstract

This article describes the inheritance distribution system of the people of South Sulawesi. This research uses interviews with several community and religious leaders who understand inheritance law. The research sites are Makassar, Pinrang, Palopo and Bone. The theory used is maṣlaḥah mursalah, which analyzes data about the inheritance system, starting from the process of inheritance division and the number of heirs' shares, as well as the interplay between customary law and Islam in the inheritance distribution system in South Sulawesi. Without removing the core of inheritance law, the South Sulawesi people's way of distributing inheritance makes use of the customary law known as ade' in the pangadereng system. There are three types of distribution, depending on whether the family is still together, whether one parent has deceased, or whether both parents have deceased. The nominal distribution varies, sometimes it is equal and other times it is based on fairness, which means that heirs who have invested a lot of money, such as those who go to high school and live well, give up their rights to relatives who are less established or who remain with the parents in the village. According to the benefit principle, men typically receive a plot of land because they have the energy to cultivate it, while women typically receive a house. This study shows how the customary division system emphasizes the common good in order to fulfill a number of maqāṣid al-shari’ah ideals, including the protection of property, honor, and life (soul). 
Muhammadiyah making Indonesia's Islamic moderation based on maqāṣid sharī`ah Zuly Qodir; Haedar Nashir; Robert W. Hefner
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 23, No 1 (2023)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v23i1.77-92

Abstract

Muhammadiyah, as an Islamic organization together with Nahdatul Ulama, are two Islamic organizations that oversee Islamic moderation in Indonesia. The role of Muhammadiyah in developing the idea of Islamic moderation has been manifested in educational institutions, social services, almsgiving, and health institutions such as Muhammadiyah hospitals. This research used qualitative methods based on manuscripts from journal articles, books, and interviews with expert narrators as material for analyzing the themes studied. This article is based on the theory of maqāṣid sharī`ah put forward by Jasser Auda, which provides a framework for understanding Islamic law based on multidisciplinary obedience and paying attention to the main purpose of Islamic law, not to its legal consequences. The study found that Muhammadiyah, an Islamic organization, is the guardian and propagator of moderate Islam in Indonesian society. Muhammadiyah activities for all citizens have no limits to religion. However, there were considerable obstacles to spreading Islamic moderation by Muhammadiyah. These obstacles come from internal Muslims who consider that Islamic moderation promoted by Muhammadiyah can weaken the Islamic creed of Muslims. They are less familiar with applying maqāṣid sharī`ah in understanding and practicing Islamic law in Indonesia. They are textualists towards the Qur’an and hadith.
Waqf and sustainable development law: models of waqf institutions in the Kingdom of Saudi Arabia and Indonesia Zawawi Zawawi; Yuli Yasin; Muhammad Irfan Helmy; Ali Ma’yuf; Agus Arwani
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 23, No 1 (2023)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v23i1.93-114

Abstract

This research aims to find out the regional waqf (endowment) and sustainable development models in the Kingdom of Saudi Arabia and Indonesia in terms of their laws, managements and investments. It uses a qualitative approach through observation, documentation and interviews with officials and those in charge of waqf from the Kingdom of Saudi Arabia and Indonesia. The data was then elaborated with expert opinions based on Herman Daly’s sustainable economic theory and John Locke’s theory of ownership and Islamic law theory (hifz al-mãl, himãyah al-bī‘ah and istiṣlãh). This study found that through the waqf system, the waqf institutions in the Kingdom of Saudi Arabia and Indonesia managed to reach certain achievements, namely good education, poverty reduction, hunger alleviation, and decent work. It was found that waqf institutions in the Kingdom of Saudi Arabia carried out various programs in every area of sustainable development, including providing drinking water. Another service included digging wells in areas where they were needed, which we rarely found in Indonesia. The Sustainable Waqf Law contributed to several aspects that could positively impact society and sustainable development in general. The Sustainable Waqf Law could positively impact sustainable social, economic, and environmental development. In addition, the waqf contributed to the United Nations Sustainable Development Goals No. 1, 2, 3, 4, 6, 11, 13 and 16. Finally, it is important to involve various parties, including waqf institutions, government, communities, and other stakeholders, to ensure the sustainability, transparency, and fairness in the management of waqf assets and their utilization in achieving sustainable development goals.
Hijrah and changing religious preferences in contemporary Islamic legal practice Imam Mustofa; Muhammad Iqbal Juliansyahzen; Wildani Hefni
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 23, No 1 (2023)
Publisher : State Islamic University of Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v23i1.115-138

Abstract

This research examines how urban Muslim communities in Purwokerto understand and practice religion in the area of muamalah (social relationships between people). Religious practice in urban Muslim communities is different from other religious communities. The intersection between the reality of modernity, Islamicity, and identity provides a model for distinguishing contemporary Muslim religious practices. This study is based on field research employing a phenomenological approach. Participatory observation was used to collect data from two mosques in Purwokerto City: the General Soedirman Grand Mosque and the Gelora Indah Mosque. Both mosques serve as the hub of religious discourse for Purwokerto's urban Muslim community, and they host a variety of religious studies on a regular basis. In-depth interviews were performed with worshippers from the two mosques by the researchers. Secondary data is derived from studies, journals, books, and other sources. This article concludes that urban Muslim identity is manifested in the shift away from usury practices and the choice of halal products. Studies in urban mosques and social media cannot isolate the rhetoric from the social formation of urban Muslims. In this environment, hijrah (shifting paradigm) has emerged as one of the trends that give rise to new nuances and views of any Islamic legal concept that is an annotated version of older works. Because of these shifts in preferences, the discipline of Islamic law, particularly fiqh muamalah, has become one of the most important areas for the expression of religious experience in the lives of urban Muslims

Page 1 of 1 | Total Record : 7

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol 23, No 1 (2023) Vol 22, No 2 (2022) Vol 22, No 1 (2022) Vol 21, No 2 (2021) Vol 21, No 1 (2021) Vol 20, No 2 (2020) Vol 20, No 1 (2020) Vol 19, No 2 (2019) Vol 19, No 1 (2019) Vol 18, No 2 (2018) Vol 18, No 1 (2018) Vol 17, No 2 (2017) Vol 17, No 1 (2017) Vol 16, No 2 (2016) Vol 16, No 1 (2016) Vol 15, No 2 (2015) Vol 15, No 1 (2015) Vol 14, No 2 (2014) Vol 14, No 1 (2014) Vol 14, No 1 (2014): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013) Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013) Vol 12, No 2 (2012) Vol 12, No 2 (2012) Vol 12, No 1 (2012) Vol 12, No 1 (2012) Vol 11, No 2 (2011) Vol 11, No 1 (2011) Vol 10, No 2 (2010) Vol 10, No 1 (2010) More Issue