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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 234 Documents
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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 24 of 24 | Total Record : 234

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