Indonesian Journal of Law and Islamic Law (IJLIL)

Assessing the Istislahiah Method in Islamic law: Study of The Utilization of Science in Ushul Fiqh in The Context of Indonesian Fiqh

Silsilu Durrotil Bahiyah — Thu, 30 May 2024 00:00:00 +0700

Traditional Islamic law is often seen as being based on textual sources, such as the Qur'an and Sunnah. However, a closer look reveals that scholars have a long history of incorporating scientific advancements into legal reasoning. This paper explores the istislahiah method, which uses scientific knowledge to formulate Islamic legal rulings in the context of contemporary Indonesia. The paper begins by examining the concept and authority of the istislahiah method. It traces its historical roots to the early days of Islam, and discusses the theoretical underpinnings of the method. The paper also explores the debates surrounding the validity of istislahiah in Islamic legal discourse. The paper then turns to the practical application of istislahiah. It analyzes how scientific knowledge can be integrated into legal reasoning to address pressing social issues faced by Indonesia. The paper provides examples of how istislahiah has been used to address issues such as public health, environmental protection, and gender equality. Finally, the paper explores how the istislahiah method can enhance Islamic law for the future. It argues that istislahiah can help to bridge the gap between traditional Islamic legal principles and the evolving realities of the modern world. By demonstrating the compatibility of science and Islamic law, istislahiah can pave the way for a more nuanced and adaptable approach to legal decision-making in Indonesia. This study offers a fresh perspective on the potential of the istislahiah method to address the challenges of the modern world. By demonstrating how scientific knowledge can be used to formulate Islamic legal rulings, this research paves the way for a more dynamic and contextually relevant Islamic legal framework for Indonesia.

Ownership Status of Land Rights from Reclamation Results by Foreign Legal Subject

Yosua Simon Suganda — Sat, 15 Jun 2024 00:00:00 +0700

Rapid population growth that did not accompany by an increase of land area can lead to a big problem in a long term, such as high land prices. Hence reclamation need to be done so it can help people to have a land with affordable price. However, reclamation can’t be done without following terms and conditions by the government. This writing made so we can know who is eligible to do the reclamation, what type of law subject can do reclamation. The writings use normative-juridicial research approach and qualitative-juridicial analysis method. By following all legal requirements person and entities law subject can do the reclamation, both local and foreign legal subject.

Comparison of Islamic Law and Human Rights; Navigating Consensus of LGBT in Thailand

Aidatul Fitriyah, Muhammad Badat Alauddin — Thu, 13 Jun 2024 00:00:00 +0700

This research aims to examine the dynamics of law and human rights (HAM) related to the LGBT community in Thailand, with a focus on analysing the concept of Islamic epistemology on the social status impact of the idea of gender division in Thailand, theological and juridical comparison of human rights in accommodating LGBT, as well as challenges and efforts to harmonise Islamic law and human rights towards LGBT groups in Thailand. The methodology used is a qualitative approach involving normative and comparative legal analysis. The researcher collected a literature review of secondary data from relevant sources, including scholarly works, books, and legal documents. The results showed significant contradictions between Thailand's more inclusive concept of gender division and the binary nature of Islamic law. The research also uncovered Islamic theological underpinnings against LGBT and compared them with juridical approaches that protect LGBT human rights. It also explores the reconciliation process between Islamic law and human rights in accommodating LGBT through dialogue and stakeholder cooperation. From this research, it can be concluded that LGBT law and human rights tolerance involve a complexity of legal views, religious values, and human rights principles, reflecting ongoing challenges and debates within society and the legal system.

A Feminist Critique of the Practice of Polygamy in the Context of Islamic Law and Human Rights

Suud Sarim Karimullah — Mon, 17 Jun 2024 00:00:00 +0700

This study aims to identify the impact of polygamy practices on women's welfare, consider the gender justice issues that arise, and evaluate its relevance in the context of an Indonesian society that increasingly recognizes and strives for gender equality. This study uses a library research method with a holistic literature analysis to explore the topic comprehensively with an interdisciplinary approach. The results of the study show that feminist criticism highlights that polygamy reinforces patriarchal structures that place women in a position of subordination and dependence, as well as creating competition between wives for attention and resources from husbands who often do not share their time and affection fairly. Although positive law in Indonesia requires the permission of the first wife and proof of the husband's financial capability and fairness in polygamy, its implementation is often weak and fails to protect women's rights. Feminist perspectives emphasize the need for strict and human rights-oriented legal reforms, with rigorous monitoring mechanisms and empowerment of women through education of their rights, as well as changes in social and cultural views on polygamy to create an inclusive and fair environment for all individuals regardless of gender.

Talak Ba'in Sughra Maslahah Perspective in Malaysia and Border Communities in Sambas, West Kalimantan Indonesia

Asman, Asmak Ab Rahman — Tue, 18 Jun 2024 00:00:00 +0700

This research discusses the legal claims of wives to husbands Ma?hla?ah perspective on the border communities of Indonesia-Malaysia sambas West Kalimantan. This study was based on ma?hla?ah al-?haruriy?h, ma?hla?ah tahsiniyah and ma?hla?ah hajiyah. According to the school of Imam Shafi'i talaq ba'in shughra is also called khulu' where the husband is not allowed to reconcile with the wife during the period of iddah and the husband needs a new marriage contract in order to return to the wife who has mentalized with ba'in shughra. In order for this research to be directed and systematic, the subject matter is developed in the research question, namely: What is the benefit aspect of the wife's lawsuit to the husband from the perspective of ma?hla?ah? This type of qualitative research is field research with an Islamic legal approach. The informant in this study is the Malay Sambas community who are divorce perpetrators. Based on the results of the research obtained, that the causes of talaq ba'in shughra in Sambas based on data obtained from the Malay Sambas community are, household economic problems so that the wife so that the wife is not fulfilled her rights, electrocution and continuous quarrels so that the wife cannot stand the situation and the husband leaves his wife and children for no reason so that there is no news so that the wife feels no Note. with the talaq ba'in sugra there will be an element of harm for divorced couples in the Indonesian-Malaysian border communities, such as, it will disrupt the harmony of the family, and the husband cannot return to his ex-wife because the talaq bain sughra continues.

Unearthing Perspectives from Aristotle's Nicomachean Ethics and Islamic Adl: Discourse of Settler Colonialism in South Africa

Saemah Shamim, Muhammad Muhammad Nasir — Sun, 23 Jun 2024 00:00:00 +0700

This study explores the enduring impacts of settler colonialism on contemporary South Africa, examining how it continues to shape issues of identity, citizenship, belonging, and social injustices. Moving beyond problem-solving, the research delves into ancient philosophical and Islamic ethical concepts of a just society. Two frameworks are compared: Aristotle's theories of justice, particularly from Books III and V of his Nicomachean Ethics (which cover the same material as Book IV of Eudemian Ethics), and the Islamic concept of Adl. By analyzing these frameworks and applying critical methods to South African discourse, including keynote speeches, the study aims to develop a more robust understanding of justice in the context of settler colonialism's lasting inequalities. This paper seeks to articulate and expand the conceptual understanding of these two frameworks, providing a richer philosophical and normative picture to inform current discussions on the legacy of settler colonialism. The study employs a qualitative approach, using document analysis, comparative analysis, and critical methods to analyze data. These methods are used to discuss the presented theories of justice. Additionally, in the South African setting, keynote speeches were analyzed as primary data.