Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

The flexibility of Islamic law in the Ganjur tradition in Lamongan, Indonesia

2023-12-22T10:43:58+00:00

This article demonstrates the flexibility of Islamic family law in the Ganjur tradition in Lamongan, Indonesia, considered unique for allowing women to propose to men. Despite its uniqueness, the Ganjur tradition carries important moral teachings in the context of realizing humanistic and egalitarian family relations. This study is a legal-sociological study using a grounded research model to find evidence of the flexibility of Islamic law in determining the status of the law of the Ganjur tradition. The data required include the history of Ganjur, Ganjur practice, and people's views on Ganjur, which were explored through interviews with twenty informants and Focus Group Discussions (FGDs) with three traditional leaders, three religious leaders, and five traditional actors. To evaluate the data, the maqāṣid syarī'ah approach was utilized. The results indicate that the Ganjur tradition stems from the legend of Panji Laras and Panji Liris (male figures), who received a proposal from Andansari and Andanwangi (female figures). The act of proposing to a man (ngganjur) is considered a source of glory for a woman. Meanwhile, being proposed to by a woman (diganjur) denotes that a man is respected as a companion to his wife rather than dominated by her. The wedding ceremony is fully financed and organized by the woman's family. Following the event, the couple resides with the woman’s family for an indefinite period, until they have acquired sufficient resources to establish their own independent household. The husband and wife hold equal ownership of the family unit and collaboratively manage the household; the wife is not subordinate nor a complement to the husband (koncowingkeng). This study found that Islamic law’s flexibility could uphold the legitimacy of the Ganjur tradition with accurately proposed sharia.

From Communal to Individual: Shifting Authorities of Family Dispute Resolution in Minangkabau Society

2023-11-13T08:31:10+00:00

This study aims to explain the shift of authority in resolving family disputes in Minangkabau society. At least three authorities are involved in resolving family issues in Minangkabau: religious authority, represented by leaders with religious knowledge; customary authority, held by leaders with their own laws; and state authority, enforced by judges in court based on laws and regulations. This research is a field study with a socio-legal approach. The study examined Minangkabau households in both rural and urban areas, utilizing questionnaires and in-depth interviews to collect data from individuals involved in household disputes. The data were then reduced, presented and verified. This study found that in addition to using the three long-standing authorities in Minangkabau society, disputants are more likely to use individual authority in resolving their family disputes. The disputants are more likely to resolve their family problems independently without involving religious leaders, customary leaders, or religious court judges. The tendency towards individual authority is more prevalent in urban communities. The strengthening of individual authority coincides with the weakening of the formal institutions of the three authorities in Minangkabau society. The factors contributing to the diminishment of these authorities include modernisation, technological advancements, and digitalisation which incentivises the involved parties to logically settle their disputes for their individual gains and aspirations. Based on the research findings, the current study confirms that the shift in family dispute resolution authority indicates that there has been a shift from extended to core family patterns in Minangkabau society

Halal tourism sector and tax allowance policy: a case study observed from normative problems to effective implementation

2023-12-26T00:24:06+00:00

Various tax allowance policies have been established by the government to revive the Indonesian tourism sector. However, it is crucial to examine whether the tax allowance policy can enhance the tax and tourism revenue in the halal tourism sector in West Nusa Tenggara. This research aims to provide a prescription for the Tax Allowance Policy in West Nusa Tenggara by employing a normative legal study with a statute approach and conceptual approach. This research suggests that the tax allowance policy has not effectively contributed to the recovery of the halal tourism sector in West Nusa Tenggara. The factors contributing to the situation include the disharmony between policies promoting halal tourism and the provisions outlined in Article 18B, paragraph (5) of the 1945 Constitution of the Republic of Indonesia and the principles of "Bhinneka Tunggal Ika" (Unity in Diversity). In addition, this disharmonious Tourism Policy has resulted in a rise in the poverty levels in West Nusa Tenggara, thereby designating it as Indonesia’s poorest region. In practical terms, the finding of this research serves as a theoretical basis for the government to implement tax allowance policies to aid in the recovery and development of the halal tourism sector. This includes considerations for both legal substance and legal structure. For instance, in terms of substance, this guidance offers directives for local regulations, focusing on attribution and delegation, fostering equal business opportunities and benefits, as well as enabling the adaptation to challenges arising from local, national, and global changes.

The Jejuluk in Komering tribe weddings in the globalization from a siyasa perspective

2023-12-20T02:38:04+00:00

This article discusses jejuluk as the bestowing of traditional titles to the bride and groom in the Komering tradition after the wedding. This tradition is still preserved in the Komering community today. This article looks at the reason why it is important for the Komering people to bestow titles at a wedding ceremony, and how this tradition is maintained. This article is based on a study conducted in Tanjung Lubuk District, Ogan Komering Ilir Regency, South Sumatra. The study used symbol theory that integrated an ethical approach with the meaning of symbols based on the researcher's perspective. This study also used an emic perspective, which is a cultural understanding based on the owner of the culture. Data collection was carried out using three techniques: observation, in-depth interviews, and secondary data. In this research, two levels of analysis were used: interpretive qualitative analysis because this research is cultural research and analysis from the perspective of siyasa. This research shows that jejuluk is a tradition inherited from the ancestors to support the building of a sakinah, mawaddah, and rahmah family because it has the values of harmony and nobility. From the perspective of siyasa, jejuluk can be interpreted as a strategy for the Komering community to preserve local wisdom and values in marriage, so their traditions and cultural roots of their ancestors are not lost amidst the strong currents of globalization.

Developing ecological piety in pesantren: the Kyai’s cognition and the practice of living fiqh al-bī’ah in Banten

2023-10-30T12:44:23+00:00

This study investigates the formation of ecological devotion within pesantren, led by kyai in the application of fiqh al-bī’ah. It delineates the developmental stages into three components aligned with Berger and Luckmann’s social construction theory: externalisation, objectification, and internalisation. Using qualitative methods and field studies, data were gathered through semi-structured interviews with three religious leaders from two eco-pesantren in Banten Province. Externalization is exemplified by the kyai’s teachings on humanity as caliphs, advocating against harming the Earth, emphasizing cleanliness as integral to faith, and prioritising thahhārah in fiqh. Objectification is seen in the prohibition of deforestation and embedded environmental preservation duties within the schools’ hidden curriculum. Internalisation reflects practical implementation aligned with established objectives, observed through growing pro-environmental consciousness, attitudes, and behaviours among school members, evolving progressively. This construction of ecological devotion resulted in tangible contributions to groundwater conservation and flood risk mitigation by the two schools. The findings highlight Islamic boarding schools’ potential to elevate environmental standards via fiqh al-bī’ah-rooted ecological wisdom. Collaborative efforts involving stakeholders, such as financial support and training programmes, are vital to enhancing the environmental management capacity, particularly in establishing impactful water management systems within these institutions.

Baby engagement within the traditional ulama of the Madurese ethnicity: a Maṣlaḥa analysis

2024-01-03T04:14:38+00:00

This study delves into the practise of infant betrothals within the traditional Madurese ulama’s lineage, designed to preserve the clerical lineage. However, practical application reveals discrepancies where not all betrothals align with the initially arranged intentions. Instances of mismatches arise due to potential rejection by the children involved. This phenomenon is analysed through the lens of maṣlaḥah-mafsadah. This analysis unveils a nuanced perspective on the Madurese ulama’s tradition of infant betrothal, highlighting its significance beyond local custom to encompass its associated benefits and risks. Employing qualitative methods, this research draws upon in-depth interviews using purposive sampling techniques with Madurese community leaders well-versed in the region’s marital customs. This study finds underscore that infant engagement practises, within Islamic law, do not contravene sharia provisions. The infant betrothal tradition, conducted by the Madurese ethnic ulama’s lineage, aims to fortify kinship bonds among ulama families and identify optimal partners for children, considering familial background and religious erudition. Nevertheless, the study emphasises the imperative to prioritise the interests and preferences of the child throughout the engagement and marriage process.

Exploring the monogamy principle in the Samin community’s customary marriages in Kudus: Harmonisation of tradition and state law

2024-01-20T09:09:28+00:00

This article explores the practice of monogamy in customary marriage within the Samin community in Larikrejo Village, Kudus, rooted in the principle of “bojo siji kangge saklawase”. The uniqueness of this customary marriage practice is evident in the reflection of the values of Samin society, passed down through generations by their ancestors. Its significance becomes more pronounced considering the prevalence of polygamous practices in customary marriages across various regions of Indonesia. Despite the allowance of polygamy within certain limits by state law, the Samin community chooses to uphold their customary marriage traditions. This article presents the findings of field research involving four key informants and direct observations of customary marriage practices as the primary source. The research reveals that the practice of monogamy within Samin community marriages reflects the embodiment of the “bojo siji kangge saklawase” principle, manifested through a solemn pledge to one wife made by prospective grooms during the paseksen stage, the final step in the customary marriage ceremony following nyumuk (betrothal) and pasuwitan (marriage contract). The obligation to make this pledge aims to prevent potential conflicts within Samin families. This monogamous practice aligns with the principles of monogamy and the objectives of marriage in state law, creating harmony and stability within the family institution. This study provides in-depth insights into the unique relationship between local values and state regulations amidst the challenges of modernization and ongoing social changes.