Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

Legal Culture Review and Judicial Track Record of the Kesultanan Cirebon in the Manuscript Pepakem Jaksa Pepitu

Edy Setyawan, Ahmad Alamuddin Yasin, Rahman Dahlan — Thu, 18 Jul 2024 00:00:00 +0000

The Manuscript of Pepakem Jaksa Pepitu is a compilation of various legal texts including Kutaramanawa Darmasastra, Purwadigama, Pepakem Raja Niscaya, Jayalengkera, Adhilullah, Angger Surya Ngalam, and Angger Angger Mataram, which consist of legal codes from Javanese kingdoms of their time. This study aims to explore the legal history and culture found in the manuscript within the Kesultanan Cirebon, using a qualitative descriptive method with a juridical-sociological approach. The data were obtained through interviews, observations, and documentations. According to Lawrence Friedman, law is always influenced by politics and power. Initially, the legal system in the Kesultanan Cirebon was governed by Islamic law due to the influence of the Walisongo. However, the politics of Amangkurat I from Mataram changed this, dividing the Kesultanan Cirebon into Kesultanan Kasepuhan, Kesultanan Kanoman, and then Kesultanan Kacirebonan in the early 18th century. Despite the division of the Kesultanan Cirebon, the law continued to apply Islamic law and customary law under the same courts. When the Vereenigde Oostindische Compagnie (VOC or Dutch East India Company) entered, they introduced Western law, but customary law was still maintained. From the legal history and culture in the Kesultanan Cirebon, Pepakem Jaksa Pepitu formed a combination of legal elements, namely Islamic law, customary law, and Western law. This combination created a unique legal system in Cirebon, reflected in Pepakem Jaksa Pepitu as the main legal reference. This manuscript contributes to the tradition of law, cultural preservation, and the promotion of multicultural values.

Legal Awareness of Micro and Small Enterprise Operators Regarding Halal Certification: A Maslaha Perspective

Dedi Sunardi, Azri Bhari, Muhammad Najib Bin Abd Wakil — Thu, 18 Jul 2024 00:00:00 +0000

The halal certification of food products is essential for consumer protection and should be harmonized with the practices of small-scale micro-producers to ensure security and mutual benefits in accordance with Islamic teachings. However, micro-businesses have been observed to possess varied perceptions toward the certification program. Based on this understanding, the present study aims to categorize awareness of the benefits and legal aspects of digitalizing the process of obtaining the certification using a theoretical legal system approach. In order to achieve the stated objective, qualitative data was gathered from different sources such as micro-business owners, halal certifiers, and beneficiaries of halal-certified food products. The obtained results showed that micro-businesses in serang-Banten often register for halal certification due to regulatory requirements and potential sanctions, rather than a deep understanding of the benefits of halal-certified products. This finding emphasized the persistence of a lack of significant awareness among micro-businesses regarding the advantages of obtaining halal certification. Accordingly, during the course of the investigation, the dominant challenges experienced include administrative complexities in the self-declaration process and the availability of qualified halal certifiers for high-risk food ingredients. To address these issues, there is an essential necessity for the development of a streamlined certification system that supports micro-businesses, facilitates application processes, and monitors the potential misuse of fake halal logos. Lastly, following the observations made, it can be inferred that digitizing the process of halal certification for both the registration and labeling of food products would improve consumer confidence and ease supervision.

Formulating Policies for Halal Tourism in Indonesia Based on Islamic Law

Yudha Trishananto, Fuad Mas’ud, Setiawan, Ulfah Nurul Fauziah — Tue, 23 Jul 2024 00:00:00 +0000

This research aims to examine the implementation of Islamic law, the role of ulama’s thoughts and authority, and the appropriateness of government policies on halal tourism in Indonesia. A qualitative method was employed to gather primary data, specifically through a one-day symposium on “Halal Tourism and Hospitality” held by Ministry of Tourism and Creative Economy in Semarang, Indonesia. This symposium invited 100 participants from various sectors, including the tourism and hospitality industry, government representatives, community leaders, and politicians. The data underwent content analysis utilising word cloud and narrative analysis for the preliminary and Leximancer and narrative analysis for the panel discussion. The study shows that the implementation of Islamic law in formulating halal tourism policies in Indonesia involves several steps and practices aimed at ensuring compliance with Islamic principles within the tourism industry. Furthermore, the thoughts and authority of ulama play a pivotal role in shaping and influencing policies related to halal tourism. Lastly, the Indonesian government has established policies consistent with Islamic principles, such as regulations on the management and provision of halal food, the development of family-friendly tourist destinations, the promotion of spiritual tourism, the prohibition of practices and services conflicting with sharia, the development of sharia-based ecotourism, and the utilisation of Islamic language and symbols in tourism promotion. The study contributes to identifying gaps and opportunities for further incorporating Islamic principles into tourism policies.

Dynamics of Thought in the Fiqh of Civilization Halaqah at Pesantren Affiliated with Nahdlatul Ulama (NU) in Yogyakarta

Fathorrahman, A Hashfi Luthfi, Riyanta, Ach Fatayillah Mursyidi — Tue, 23 Jul 2024 00:00:00 +0000

This paper explains the dynamics of thought in the Halaqah Fikih Peradaban (Fiqh of Civilization Halaqah, HFP) at pesantren (Islamic boarding school) ideologically affiliated with NU. The spirit of fiqh contextualization developed in the Fiqh of Civilization Halaqah is a key idea of PBNU in initiating civilization fiqh as a new approach to understanding and studying Islamic heritage. This paper elaborates on two aspects. First, why PBNU initiated the Fiqh of Civilization Halaqah and how the dynamics of thought occur within it. Second, how pesantren affiliated with NU discuss one of the main focuses of the Fiqh of Civilization Halaqah related to nationality and statehood. The authors use the theory of Islamic Law Sociology to explain the reciprocal relationship between the socio-religious topics discussed in the Fiqh of Civilization Halaqah and the dynamic and critical way of thinking. This paper uses qualitative research. The primary data was obtained through interviews with several sources and five caretakers who conducted the Fiqh of Civilization Halaqah in five pesantrens. Supporting data was obtained from documents and other news sources that review the Fiqh of Civilization Halaqah. The research results show that the reason for the Fiqh of Civilization Halaqah initiated by PBNU is to create a discourse space for contextualizing progressive fiqh understanding and developing a dynamic way of thinking. Through this approach, fiqh can be used as an inclusive perspective in understanding social change and the development of the times. This study also shows that the theme of nationality and statehood (fiqh siyāsah) discussed in the Fiqh of Civilization Halaqah in five Pondok Pesantren (Islamic boarding school) promotes dynamic and progressive thinking while critiquing fiqh siyāsah studies limited to the khilāfah. This attitude aligns with the spirit of civilization fiqh initiated by PBNU, which emphasizes a dialectical perspective in studying Islamic heritage.

The King’s Decree: Integration of Customary Law and Islamic Law in the Clove Lease Agreement

Tue, 23 Jul 2024 00:00:00 +0000

This study examines the impact of the king’s decree on creation of legal products in Iha Village, Maluku. In Iha, legal products are primarily in the form of village regulations that serve as the foundation for government activities within each village. However, Iha distinguishes itself by utilising the king’s decree. This research employs an empirical juridical approach with a socio-legal perspective, which involves examining the legal realities within society and comparing them with applicable positive law. The study finds that the community views the king’s decree as customary decision that must be adhered to, thereby granting the king absolute, as in a case of authority in the execution of the clove lease agreements. Unlike the other village, Iha follows a different procedure for conduction clove lease agreements, as determined by the king’s decree. In addition, the king’s order is also used as a guiding principle for the preservation of local culture and environmental sustainability through the application of local laws in social cultural, and environment contexts. This research can assist the government in formulating draft laws and regulations pertaining to customary law.

Local Wisdom in Sebambangan Traditional Marriage Practices: A Maqāṣid Sharī’ah Perspective

Zulkarnain, Habib Iman Nurdin Sholeh, Ahmad Zaenul Muttaqin — Fri, 26 Jul 2024 00:00:00 +0000

This research examines the traditional marriage custom of Sebambangan in Lampung. It involves a man abducting the girl he intends to marry without the consent of her family and taking her to his family's residence. This socio-legal research gathered data through interviews with traditional leaders, indigenous community members, and religious figures. Maqāṣid Sharī’ah is used as an analytical tool to address the social problems arising from the practice of Sebambangan marriage. The finding reveals that Lampung culture and Islam have been acculturated into the social system. The traditional marriage system in Lampung can be divided into two types: marriage through a formal proposal process, which is conducted as a grand traditional ceremony (gawei besar) or a simpler traditional ceremony (gawei kecil), and marriage without a formal proposal process, known as kawin larian (elopement), or in Lampung terms, kawin Sebambangan. It is part of the local cultural wealth; however, the series of traditional marriage processes must respect the applicable legal provisions and consider the main purpose of marriage. The Sebambangan marriage tradition, with its various processes, currently lacks the value aspects found in maqāṣid sharī’ah, especially the preferences of hifẓ an-nafs, hifẓ al-‘aql, and hifẓ al-‘irdh. It is hoped that the Sebambangan tradition, as a local cultural and wisdom asset in Lampung, can pay more attention to and consider important aspects of marriage, such as the maslahah (well-being) value, the main purpose of marriage in religion, and the protection of a sense of justice, so that local wisdom can be preserved and does not become a social problem for the community. This research is expected to serve as a reference for stakeholders to evaluate and oversee the practice of cultural preservation in harmony with universal values, such as well-being and justice

Tengka, identity politics, and the Fiqh of civilization: The authority of Madura’s Kiai in the post-truth era

Muhammad Taufiq, Jihan Amalia Syahidah, Muhammad Fauzinudin Faiz, Erie Hariyanto — Fri, 26 Jul 2024 00:00:00 +0000

This paper explores the role of tengka, a distinctive moral ethic of Madurese culture, in addressing the escalating identity politics in the post-truth era. It focuses on how religious leaders, known as Kiai, in Pamekasan, Madura, respond to identity politics by applying the concept of Fiqh of civilization as a framework for analysis. The study uses a socio-legal approach to explore three key aspects of the Kiai's role: the shifting dynamics of identity politics among the Kiai, the integration of tengka into their approach to identity politics, and the potential benefits and obstacles in this integration process. The findings reveal that the identity politics of the Madura’s Kiai authorities have experienced substantial evolution in the post-truth era. Despite various challenges faced by tengka in the context of identity politics, it presents substantial opportunities for internalization as a strategy to tackle these issues. This aligns with the Fiqh of civilization, which formulates the anticipation of identity politics in realizing al-mashālih al-'ammah (public interest) and strengthening religious moderation. The academic contribution of this research lies in the Fiqh of civilization, which is the contextualization of Fiqh al-siyāsah in analyzing identity politics, offering a unique perspective on the interaction between traditional moral and ethical values and the challenges of modern society.