Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

Green philanthropy: Islamic activism on Indonesia’s environmental democracy

M. Wildan Humaidi, Hariyanto Hariyanto, Mabarroh Azizah — Sat, 28 Dec 2024 00:00:00 +0000

Through the mechanisms of zakat, alms, and waqf, Islam is constructed as a philanthropic religion. The practice of philanthropy has been institutionalised as a religious social institution through the institution of amil zakat, infaq, and sedekah (LAZIS). Over time, the distribution patterns of Islamic philanthropic institutions have evolved, shifting from a focus on economic empowerment and religious da’wah to an emphasis on sustainable development and environmental issues, a concept referred to as “Green Philanthropy”. This research employs empirical methods using qualitative approaches. The data is derived from the practices of various philanthropic organisations in Banyumas Indonesia, such as Dompet Dhuafa, LAZIS Muhammadiyah (LAZISMU), and LAZIS Nahdlatul Ulama (LAZISNU), serving as primary data, alongside various relevant literature as secondary data. This research aims to explore the practices and dynamics of philanthropic distribution that contribute to environmental conservation programs. Employing a phenomenological framework, this study explores the dynamics and practices of Islamic philanthropic institutions in implementing various environmental conservation programs and achieving benefits oriented towards sustainable development. This practice evolved into a significant activism movement advocating for environmental sustainability driven by various Islamic philanthropic organisations. Consequently, this movement reflects efforts to enhance environmental democracy in Indonesia through the engagement of diverser societal elements in environmental conservation and sustainable development programs. As an academic contribution, this research reveals the role and involvement of Islamic philanthropic institutions in efforts to preserve the environment and achieve sustainable development. The practice of philanthropy is a dynamic phenomenon within Islamic law and Muslim activism in response to global challenges.

Institutionalizing maqāsid ḥifz al-naṣl within the Minangkabau inheritance framework

Elfia Elfia, Nurus Shalihin, Surwati Surwati, Yan Fajri, Aulia Rahmat — Sat, 28 Dec 2024 00:00:00 +0000

This research explores the utilization of inherited assets by the Minangkabau community in Indonesia, moving from individual and consumptive practices to collective and productive maṣlaḥah. Data were collected through interviews with ninik mamak (traditional leader), heirs, and ulama (religious scholar). The analysis involved managing the data, reading and recording, describing, categorizing, interpreting, and visualizing the information. The findings were examined using the maqāsid framework. This research highlights the shift in how inherited assets are being utilized, from individual consumption to collective productivity within the clan. A further finding reveals that this transformation is particularly evident in the use of houses and land. Rumah gadang (traditional houses of Minangkabau), formerly served as a venue for customary activities, has been repurposed into a homestay and cafe. Meanwhile, the lands have been converted for organic farming and irrigation, benefiting a greater community. The research concludes that the shift in the Minangkabau community's approach to managing and utilizing heritage assets—from personal and consumptive to collective and productive—demonstrates that these cultural assets can be used for the welfare of the extended family and the common good. The integration of the maqāsid framework in this research not only helps in fostering collective maṣlaḥah for Minangkabau inheritance but also sets the foundation for broadening the scope of maqāsid analysis. Traditionally focused on individuals, particularly in preserving and enhancing human resources, this framework is extended in this research to the development and advancement of institutions, introducing the concept of "institutional Maqāsid”.

Wājibah will for non-Muslim heirs in Indonesia: a legal political perspective based on justice and welfare

Arief Budiman, Muhammad Saifullah, Bahrul Ulum — Sat, 28 Dec 2024 00:00:00 +0000

This research examines the application of Islamic law, social situations, and the state’s orientation in formulating policies regarding ‘wasiat wājibah’ or wājibah will (mandatory will) for non-muslim heirs. The research was conducted in Palangkaraya and Bali, Indonesia. These locations were chosen because both areas have unique characteristics that combine religious heterogeneity and high tolerance. Wājibah will is a mandated will, given when an heir is unable to inherit for certain reasons. This study uses a qualitative descriptive analysis method. The primary data for this research includes interviews and court rulings. The issues discussed in this article are analyzed using a legal-political perspective. The findings indicate that the establishment of the wājibah will is not only based on legal-normative reasons but also on social and political factors. The establishment of the wājibah will, which guarantees equality before the law in interfaith families, is expected to have a positive impact on social and political order, creating a just, tolerant, and humane society. However, there remain gaps in the legal substance of the wājibah will for non-muslim heirs, as it has not been explicitly regulated in existing legislation. Therefore, there is a need to develop policies in the form of regulations that specifically address wājibah wills for non-muslim heirs. The establishment of the wājibah will for non-muslims is a form of legal reform in inheritance law in Indonesia. Methodologically, legal reform is conducted through an extensive interpretation approach, which is an activity that broadens the scope of an interpretation based on the analogy of reason between old and new issues. Additionally, the reform also considers living law as a reference to reconcile the demands of justice in society with legal certainty.

False descendants of the Pontianak Sultan: the practice and legal implications of genealogical fraud

Sat, 28 Dec 2024 00:00:00 +0000

This study examines the practice of impersonating descendants of the Pontianak Sultan and its societal implications. Reports suggest that such practices are widespread and increasingly common. Using a qualitative narrative approach, this research provides a comprehensive analysis of lineage falsification. Data were collected through interviews, group discussions, and document reviews, and analysed within the framework of fiqh (Islamic jurisprudence). This study reveals that lineage falsification involves fabricating names or associating unrelated family lineages with the Pontianak Sultan. This fraudulent practice is driven by the growing authority and influence of the Sultanate, with individuals seeking to gain social or economic advantages. Fabricating lineage is not merely a social phenomenon but also carries significant legal consequences. Fraudulent claims are frequently used to unlawfully manipulate land ownership within the former Sultanate’s territories and, in some cases, involve issues related to Islamic family law. This study underscores the prevalence of lineage falsification as a pervasive societal issue and highlights the urgent need for further research on royal lineage disputes, given the complexities of verifying authenticity. Addressing this issue is essential, as the proliferation of fake lineages undermines cultural heritage, legal systems, and societal trust.

The Islamic philanthropy model based on maslahah principles for developing Islamic campus in Java

A Zaenurrosyid, Hidayatus Sholihah, Nur Hidayatuloh — Mon, 30 Dec 2024 00:00:00 +0000

The dynamics of digital development are causing adaptive changes in the renewal of Islamic law. In the context of Islamic philanthropy, such as zakāh, infāq, sadaqah, and waqf (Ziswaf), stagnation is seen in assets managed traditionally as immovable objects used for consumptive purposes. The economic potential of zakāh and waqf, which amounts to hundreds of trillions, is significant for reducing high poverty rates and improving access to quality education. Therefore, this study aimed to discover a new model of Islamic philanthropy (Ziswaf) management handled more professionally, with innovations directed towards the public good (maslahah ammāh). Socio-anthropological and Islamic law perspectives were used, focusing on the actions of actors, such as campus leaders, lecturers, and managers of Ziswaf. The results of the study conducted at two Islamic campuses, Unissula and UIN Walisongo Semarang, showed that various models of Islamic philanthropy were developed professionally at Unissula in education, health, and business ventures. At UIN Walisongo, zakāh was managed through a professional governance model and via partnerships, such as with BAZ. Furthermore, ziswaf assets entrusted by wāqif and muzakkī at both campuses were developed productively, with proceeds distributed to support facilities and educational scholarships. At Unissula, distributions were allocated to programs, such as Quranic guidance, campus pesantren, and competency development across all faculties, from Medicine to Islamic Education. This productive management of Islamic philanthropy is consistent with principle of Maslahah, advancing Islamic
education and the welfare of the Muslim community.

Compromise of Islam and customary practices in the religious practices of the muslim community in Papua: a study of maqāṣid syarī’ah

Sat, 28 Dec 2024 00:00:00 +0000

Compromising Islam and customary practices (adat) in religious life practices is a manifestation of Islamic law in maintaining harmonious relationships among religious communities, particularly Muslims and Christians. This article not only aims to uncover various religious practices that compromise Islam and adat, but also presents an in-depth analysis of the impact of such compromises on inter-religious relations among the Kokoda community. The data analysis for this article was obtained through observation, interviews, and literature and document studies. The article demonstrates that religious practices among Kokoda Muslims are deeply infused with adat nuances, making compromise with Islam a middle ground. There are three practices that are openly carried out. First, in social relations practices, both Muslims and Christians perceive that their current religion is the one inherited from their family. This concept is an implementation of Islamic legal principles regarding the urgency of preserving genealogy and family traditions in the context of faith. Second, the celebration of major religious days is considered a shared possession even though they adhere to different religions. This aligns with Islamic law which emphasizes the importance of harmonious and respectful life among religious communities. Third, the marriage practice that compromises Islam and adat is an effort to fulfill the guidelines of Islamic law, while also preserving Kokoda adat. This reflects harmonization between religious obligations and respect for adat law. This study focuses on discussing the forms and impacts of religious practices that compromise Islamic law and customary practices (adat) within one community group, namely Kokoda. This research contributes to global studies on religious diversity, pluralism, and cultural conflict resolution, as well as adds to the literature on religious adaptation in culturally complex societies.

Zakat initiatives for supporting victims of violence against women and children in Indonesia

Yulianti Muthmainnah, Zakiyuddin Baidhawy, Yusron Razak, Ilham Mundzir — Sat, 28 Dec 2024 00:00:00 +0000

The concept of utilising zakat to support victims of violence against women and children, introduced in 2020, is a groundbreaking new initiative in Indonesia and beyond. This idea has gained traction through the efforts of the Centre for Islamic Studies, Women, and Development (PSIPP) at the Ahmad Dahlan Institute of Technology and Business (ITB-AD) Jakarta. As the pioneer of this initiative, PSIPP has implemented programmes, advocacy campaigns, and collaborations with diverse stakeholders. This study investigates PSIPP’s role as the only gender-focused research centre within Muhammadiyah-‘Aisyiyah institutions in Indonesia, highlighting its efforts in addressing sexual violence and promoting zakat for victims. Using qualitative methods, including literature reviews, interviews, documentation, and focus group discussions, the study applies a multidisciplinary framework comprising autoethnography, socio-legal systems, and maqāṣid al-sharīʿah. The findings reveal PSIPP’s success in fostering partnerships and advancing universal humanitarian values through people-to-people diplomacy, advocacy campaigns, zakat fundraising, and policy development. These efforts have resulted in the issuance of local and national policies facilitating zakat distribution to victims. However, challenges persist, particularly a lack of support from community and religious organisations due to the absence of a formal fatwa endorsing zakat for this purpose. This research contributes to the theoretical discourse of maqāṣid al-sharīʿah by reinterpreting zakat recipient categories and offers practical recommendations for policymakers, zakat institutions, and administrators to include victims of sexual violence as eligible recipients, addressing this critical societal need.