Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

Legal Politics of Mining Spatial Planning in Sumenep District: Maqāṣid Syarī'ah Overview

Muhammad Shohibul Itmam — 2025-06-30

This research aimed to show the dynamics of mining spatial planning law in Sumenep Regency, Madura, Indonesia and the relevance to Maqāṣid Syarī'ah as a pillar of Islamic law. In this context, qualitative analysis was used by collecting data through observation, interviews, and document review. The results showed that phosphate mining regulations in Sumenep Regency reflected sensitive dynamics using political law theory as an analytical tool and a socio-legal method, where economic interests, environmental sustainability, and community aspirations were in conflict. Additionally, legal politics in the formulation of Regional Regulations (Perda) based on maqâṣid achieved a balanced utilization of natural resources with respect to the protection of nature and humanity. In Islamic law, this perspective is consistent with the principles of rahmatan lil-'ālamīn and 'imārah al-arḍ since humans are stewards of the earth. This study makes an important academic contribution by integrating the principles of maqāṣid syarī‘ah into the analysis of mining spatial planning law at the local level. The findings of this study indicate that the formulation of regional regulations based on maqāṣid not only enables the protection of the environment and community rights but also strengthens the role of Islamic law as an ethical instrument in the equitable and sustainable management of natural resources.

Negotiating Ethnic and Religious Identities: Indonesian Chinese Muslims in Sharīʿah Compliant Business

Lukis Alam — 2025-06-30

This research is focused on how Indonesian Chinese Muslim entrepreneurs in Jakarta and Surabaya negotiated dual identity through sharīʿah compliant business practices. In addition, the integration of confucian ethical values with Islamic principles to form innovative and ethical business models that resonated in Indonesian Muslim-majority society, was explored. Drawing on empirical methods, including fieldwork and document analysis, the entrepreneurs did not perceive sharīʿah law and Chinese cultural traditions as mutually exclusive. Regarding this viewpoint, a hybrid identity responsible for enhancing social legitimacy, fostering inclusive entrepreneurship, and expanding participation in the ḥalāl economy, was adopted. Prominent figures showed how Islamic ethics harmonized with Chinese heritage, particularly in zakāh distribution, ḥalāl innovation, and community welfare. As a result, the analysis contributed to the discourse on legal pluralism, minority inclusion, and contextual application of Islamic economic principles. The originality lies in its empirical focus on an understudied group—Indonesian Chinese Muslims—and the illustration of how cultural-religious hybridity offered a viable and inclusive model for sharīʿah based entrepreneurship in contemporary Indonesia, with practical implications for business and society.

Criteria for Determining Subuh Prayer Time by the Wahdah Islamiyah Jamaat: Socio-Religious Implications

Muh Arif Royyani — 2025-06-30

The implementation of prayer and fasting in Indonesia is diverse because each Islamic organisation has a variety of criteria for the height of the angle of the sun, which varies. Wahdah Islamiyah, as one of the Islamic mass organisations, sets the initial criteria for dawn prayer time at -17.5º, while the initial guideline criteria for subuh prayer time of the Ministry of Religious Affairs is -20º. This study analyses the basis for determining the criteria for the beginning of the Wahdah Islamiyah subuh prayer time, along with socio-religious implications in society through shari’i, astronomical, and sociological approaches. Data are collected through interviews and documentation. The study shows the basis for determining the criteria of Wahdah Islamiyah using hisab, considering astronomical aspects, waṣatiyyah (middle) aspects, and sociological factors. The socio-religious implications of the -17.5º criterion can still be applied in subuh prayers because it is still within the grace period. It cannot be used for fasting implementation in Makassar City, Indonesia, but only within the scope of Wahdah Islamiyah, as it exceeds the limits as referenced in the calendar published by the Ministry of Religious Affairs. This study recommends establishing dialogue between stakeholders on the societal implications of differing prayer and imsak time criteria. It also emphasises the need for integrating scientific and religious approaches in determining worship times within the global Muslim community.

Divorce Among Female Muslim Civil Servants: Legal Perspectives in Indonesia

Rosdalina Bukido — 2025-06-30

Divorce among Muslim female civil servants in Indonesia carries complex social, emotional, and legal implications. This study examines the underlying causes of divorce and analyzes its impact on women from the perspective of Islamic family law and gender justice. Employing a qualitative socio-legal approach, data were gathered through semi-structured interviews with religious court judges and divorced female civil servants, alongside document analysis and field observations in four jurisdictions with high divorce rates. The findings indicate that marital breakdown is primarily driven by the absence of financial support, unequal gender roles, and dysfunctional communication within the household. Although patriarchal cultural norms were found to weaken women’s roles in household decision-making, they were not the sole determining factor. The study highlights the importance of reinterpreting Islamic legal concepts such as fasakh (annulment of marriage) and nafaqah (alimony) in light of contemporary social realities to ensure fair treatment of women. This research contributes to the academic discourse on Islamic family law by offering a contextual, experience-based understanding of divorce, particularly among working Muslim women, and advocates for a transformative legal framework that integrates gender-sensitive interpretations into both Islamic jurisprudence and state law to address divorce dynamics among Muslim female civil servants

Influence of Religion and Culture on Women’s Rights in Joint Property Settlements in Java, Indonesia

Layyin Mahfiana — 2025-06-30

Cultural discourse is still dominated by stereotypes that categorize women as second-class citizens with limited roles in the domestic sphere. This view was eroded by modernity but still had implications for minimal protection of women's rights, including in the settlement of joint property after divorce. The hypothesis was that the mechanism for resolving joint property did not provide optimal protection for women's rights due to legal factors, culture biases, and a gender-biased understanding of the law. Therefore, this study examined the problems of resolving joint property through three dimensions, namely (1) Ontological, which showed the inequality of justice for women in the division of joint property, (2) Epistemological, which examined the method of resolution that was still patriarchal due to a lack of understanding of equal rights, partner egoism, and the dominant patriarchal culture, and (3) Axiological, which discussed policy options that were more inclusive and fair for women. The method used was a sociological-empirical (non-doctrinal) analysis of legal regulations, and empirical data from real cases were collected through interviews. This study offered two main innovations, and the first filled a significant gap in the investigation of strategies for resolving joint property that favors women. The second innovation was the preparation of a model affirmative action in the Division of Joint Property as a solution to gender discrimination in law. The results were expected to be the basis for policies and strategies for gender mainstreaming in Islamic family law in Java, Indonesia. Furthermore, this study contributed to uncovering gender inequality in the division of joint property through a holistic method, including ontological, epistemological, and axiological dimensions. Based on empirical data from real-life practices, the result showed that the legal system remained patriarchal and failed to provide optimal protection for women’s rights.

Qadhi Legitimization: Shifting Roles of the Penghulu in Ternate and Tidore Sultanates, Indonesia

Fatum Abubakar — 2025-06-30

The aim of this study is to analyze the shifting roles of penghulu in Ternate and Tidore Sultanates with a focus on the legal, social, and administrative changes influenced by government regulations and societal dynamics. A sociological-legal method was adopted with the data collected from penghulu, law enforcement officers, and local community members through in-depth interviews. Moreover, a purposive sampling strategy was used to ensure the inclusion of diverse relevant perspectives. The data were analyzed qualitatively by integrating two main theories. The first was M. Friedman's Legal System Theory applied to examine the legal foundations associated with the shifting roles of penghulu. The second was Shlomo Eisenstadt's Theory of Social Change which was used to understand the social change patterns due to the implementation of state regulations. The results showed that changes in the performance and discipline of the legal structure, as well as the legal substance and culture within the Ternate and Tidore Sultanates weakened traditional legal legitimacies. This shift led to a transformation in the social role of the penghulu who previously played a central role in marriage and inheritance law but no longer holds primary responsibility. The trend reflects a shift in societal orientation from adherence to Sultanate rules to compliance with state administration. The formal role of the penghulu diminished but the functions were continued informally in unregistered (sirri) marriages and remain recognized as a legal authority within the community. These results offer important insights into legal pluralism in postcolonial Islamic societies of Indonesia

Kawin Ajum in Jambi: Socio-Legal and Islamic Law Perspectives on Cultural and Religious Heritage

Yuliatin — 2025-06-30

This article analyses the socio-legal and Islamic law perspectives on the “Kawin Ajum” tradition in Seberang Jambi, a marriage custom arranged by parents or families without the prior consent of the prospective bride and groom. The study aims to investigate the underlying reasons for the continuation of this practice and its compatibility with Islamic legal principles. Employing a qualitative method with a juridical-empirical and sociological approach, the research draws on fieldwork conducted in Seberang Jambi City, an area characterised by strong Islamic and Malay cultural heritage. Data were collected through interviews and literature analysis. The study applies the Islamic legal sociology framework as developed by Kyai Munawwir in Tafsir al-Munawwir and the concept of social fiqh grounded in maqāṣid al-sharī‘ah, particularly as interpreted by Maimoen Zubair and Ahmad Warson Munawwir. This study reveals that Kawin Ajum persists due to the desire to protect local lineage, familial familiarity with the prospective in-laws’ background, and cultural conformity across Jambi. From an Islamic legal standpoint, such marriages are considered valid provided they do not violate principles of ijbār, including kafā’ah (compatibility), consent, and absence of conflict. The study underscores the importance of community dialogue and deliberation as essential in maintaining both cultural values and Islamic legal integrity.