Indonesian Journal of Law and Islamic Law (IJLIL)

Unity in Diversity : A Study of Schools of Islamic Jurisprudence

Abdul Hameed Badmas Yusuf — 2025-06-03

Islamic jurisprudence (Fiqh) is human understanding of Islamic law (Shari’ah) which is divine in nature. As major sources of Islamic law, both Qur’an and Sunnah address fundamental issues, leaving out detailed matters for human interventions to decide on in the light of general principles generated from the primary sources. This paves the way for Ijtih?d as an intellectual process undertaken by a master-jurist (mujtahid) who derives legal rules from the sources of Islamic law. Thus, the emergence of different schools of Islamic thought a natural outcome of Ijtih?dat (pl. Ijtih?d) of leading jurists of major schools of thought. All the schools of Islamic jurisprudence, especially the four dominant ones, employed distinct principles which appear mutually antagonistic. Yet, beneath these diverse principles is uncompromising unity of sources and purpose. This paper seeks to study juristic principles of the four famous schools of Islamic jurisprudence, namely Hanafi, Maliki, Shafi’i, and Hanbali Schools of legal thoughts. It employs a doctrinal research method, alongside inductive and analytical methods. The paper finds that despite their divergent positions on different legal issues, the eponyms of these schools of thought were united in many respects: they subscribed to the same primary sources, discouraged dogmatism (Taqlid), and charged their disciples to evaluate their opinions against the primary sources of the Shari’ah. Above all, it was obvious that each of those pious jurists was driven by sincerity of purpose and the desire to unravel the legal rule of Islamic law. In essence, this is unity in diversity.

Navigating Constitutional Constraints: State Governance Practices of The Indonesian President

Rahmat Syahid Suraya — 2025-06-03

The focus of this study is to examine the substance of the president's authority restrictions in establishing constitutional governance in Indonesia. The president's limitation of power is connected to the president's restriction of authority. On the other hand, the president's power can be limited by the functional relationship between the president and the House of Representative Council (DPR), the Representative People Assembly (MPR), the Local Representative Council (DPD), and the Supreme Court (MA) and the Constitutional Court (MK). The study's findings indicate that the restricted content of the president's power can be viewed not only in terms of the president's time in office but also in terms of the content president's authority, i.e. restrictions on choosing state officers and restrictions on law-making and that the restricted content president power can be viewed in terms of the president's functional relationship with legislative and constitutive institutions.

Dispute Resolution of Collateral Sale in Murabahah Contract

Agi Attaubah Hidayat — 2025-06-15

This study analyzes Case No. 5/Pdt.GS/2021/PA.Sbg, addressing a contentious issue concerning the sale of collateral by the debtor. The sale of collateral occurred without the acknowledgment of the plaintiff’s claims regarding the seizure of the collateral and the establishment of auction rights. This research investigates the dispute surrounding a default under a Murabahah contract as discussed in the decision rendered by the Subang Religious Court (Case No. 5/Pdt.GS/2021/PA.Sbg). Furthermore, the study examines the application of Sharia economic law in resolving collateral ownership transfers, as outlined in the court’s decision. A normative legal methodology is employed, incorporating case law, statutory provisions, and conceptual analysis. The findings are as follows: first, the plaintiff’s lawsuit in Case No. 5/Pdt.GS/2021/PA.Sbg centered on the defendant's default in settling the financing agreement within the stipulated timeframe and the subsequent discovery of collateral sale. Second, the legal reasoning in Decision No. 5/Pdt.GS/2021/PA.Sbg is based on Islamic principles (Al-Qur'an), Fiqh rules, the Civil Code (KUH Perdata), the Civil Procedure Law (HIR), Law No. 4 of 1996 concerning Mortgage Rights, and Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations. Finally, the settlement of the case demonstrates the court's adherence to the principle of justice by granting the defendant an extension to fulfill the contract, in alignment with Q.S. Al-Baqarah verse 280. However, the case resolution did not fully apply the principles of justice, utility, and legal certainty in a balanced manner. This study analyzes Case No. 5/Pdt.GS/2021/PA.Sbg, addressing a contentious issue concerning the sale of collateral by the debtor. The sale of collateral occurred without the acknowledgment of the plaintiff’s claims regarding the seizure of the collateral and the establishment of auction rights. This research investigates the dispute surrounding a default under a Murabahah contract as discussed in the decision rendered by the Subang Religious Court (Case No. 5/Pdt.GS/2021/PA.Sbg). Furthermore, the study examines the application of Sharia economic law in resolving collateral ownership transfers, as outlined in the court’s decision. A normative legal methodology is employed, incorporating case law, statutory provisions, and conceptual analysis. The findings are as follows: first, the plaintiff’s lawsuit in Case No. 5/Pdt.GS/2021/PA.Sbg centered on the defendant's default in settling the financing agreement within the stipulated timeframe and the subsequent discovery of collateral sale. Second, the legal reasoning in Decision No. 5/Pdt.GS/2021/PA.Sbg is based on Islamic principles (Al-Qur'an), Fiqh rules, the Civil Code (KUH Perdata), the Civil Procedure Law (HIR), Law No. 4 of 1996 concerning Mortgage Rights, and Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations. Finally, the settlement of the case demonstrates the court's adherence to the principle of justice by granting the defendant an extension to fulfill the contract, in alignment with Q.S. Al-Baqarah verse 280. However, the case resolution did not fully apply the principles of justice, utility, and legal certainty in a balanced manner.

Controversial Phenomenon of The Freedom to Buy and Sell Contraceptives in Palangka Raya

Ajeng Hijriatul Aulia — 2025-06-18

This study examines the controversial phenomenon of the freedom to buy and sell contraceptives in Palangka Raya, which is linked to the impact of unrestricted contraceptive distribution policies on vulnerable groups, particularly adolescents. According to data from the Central Statistics Agency (BPS) in 2021, Central Kalimantan has a relatively high early marriage rate, which has contributed to an increase in pregnancies at young ages. In this context, the researcher criticizes Nur Fadlan’s view in his study arguing that the sale of contraceptives should not be restricted based on age or marital status, providing the sales agreement meets the conditions and pillars of sharia law. This opinion is considered to be in contradiction with the realities on the ground, where the freedom to access contraceptives, especially among adolescents who are not physically or mentally ready, can lead to negative consequences such as unwanted pregnancies and other health risks. Therefore, the researcher argues that the unrestricted sale of contraceptives without age or marital status limitations needs to be reconsidered. This study recommends updating policies to be more selective and protective, such as implementing age restrictions and requiring guidance from healthcare professionals during the contraceptive distribution process, to protect adolescents’ health and well-being. Strengthening oversight of contraceptive distribution should also be carried out in accordance with the provisions of Article 31 Paragraph (1) of Government Regulation Number 87 of 2014 to ensure the policy effectiveness in protecting younger generations from potential health risks.

Juridical Review of Consumer Protection in Halal Assurance of Poultry: A Study on the Feasibility of Product Consumption

May Shinta Retnowati — 2025-06-28

The current halal product guarantee can undeniably be realized through regulatory efforts on product assurance that are positively initiated by the government. With the guarantee of halal products, people, both Muslims and non-Muslims, can consume safely. In Law Number 33 of 2014 concerning Halal Product Guarantee, the law requires Poultry Slaughterhouses (RPU) to have halal certificates but the phenomenon in the community is that there are still many Poultry Slaughterhouses (RPU) that do not have halal certificates to ensure the feasibility of the products produced, such as halal product guarantees.The purpose of this study is to explain the juridical review of consumer protection guarantees from products that have not been certified halal. This research method uses a type of field research (qualitative) with a juridical approach that is analyzed descriptively. The results of this study show that there are still many meat sellers (buthcer) and RPUs do not have halal certification. This is a serious problem to ensure the circulation of meat, although there have been many rules stipulated to ensure halal and product feasibility, there are still many products in the field that have not been certified halal meat. The presence of the Head of BPJPH Decree No. 77 of 2023 is a solution for RPU to carry out halal certification immediately to ensure the halalness of their products, but the obstacle of RPU is the high cost of its submission, so it is hoped that the government can provide a halal certification subsidy program for RPU such as the self-declare program.

Constitutionality of Formal Testing of Draft Laws by the Constitutional Court

Baharuddin Riqiey — 2025-06-29

The Constitutional Court, as one of the state institutions regulated in the 1945 Constitution of the Republic of Indonesia, has the authority to test laws against the constitution. However, constitutional practice in Indonesia shows that there are tests of laws that have not been approved by the President or have not received a State Gazette number, which are still in the form of bills. This study aims to analyze the characteristics of laws as objects of testing in the Constitutional Court and the authority of the Constitutional Court in testing bills. The results of the study indicate that laws as statutory regulations are legal instruments that are stipulated under normal circumstances and can only be considered laws if they have gone through five stages: planning, drafting, discussion, ratification, and promulgation. Without fulfilling these stages, a text cannot be considered a binding law, so that testing in the Constitutional Court is not possible. The Constitutional Court only has the authority to test laws that have been passed, not bills against the 1945 Constitution of the Republic of Indonesia.