Safeguarding Women’s Constitutional Rights in the Judicial Reviews of Marriage Law on the Minimum Married Age Limit

The Constitutional Court seems inconsistent when examining the same norms but in a different decision related to the constitutionality of the minimum married age limit for women. In the 2014 decision, the Court rejected the petition, while in the 2017 decision, the Court accepted it. This paper analyzes the considerations of constitutional judges in deciding the case to understand whether women’s constitutional rights have been protected in both decisions. Using the case and statutory approach, this article concludes that the 2014 decision rejecting the petition to increase the minimum married age limit for women does not fulfill women’s constitutional rights. Sixteen years old as the minimum age limit for women and nineteen years for men is discriminatory and deprives girls’ rights to health and education. The judges’ consideration in the 2017 decision, which granted the petition, was that determining the minimum married age limit is a legal policy. Still, if the policy contradicts the 1945 Constitution, citizens can challenge its constitutionality. The Marriage Law is a past product, so it needs to be adapted to developments and the 1945 Constitution’s norms. The difference in the Constitutional Court’s decisions on testing the same norms is due to different interpretations and efforts to protect the constitutional rights of citizens.Keywords: Women’s constitutional rights, judicial review, minimum married age limit

Maqasid al-Shari’ah in Islamic Law Renewal: The Impact of New Normal Rules on Islamic Law Practices during the Covid-19 Pandemic

The vast and multidimensional impact of the Covid-19 pandemic has forced all countries to establish policies to prevent the transmission of Covid-19, including Indonesia. Not a few countries are not ready to make decisions to find new, more effective ways to prevent Covid-19. In Islamic law, ijtihad is part of lawmaking in the implementation of worship and muamalah, which solves problems that arise and mitigates policy implementation. This article uses a normative juridical approach to the issue because it can showcase the benefit of Islamic law for humans. Moreover, it aims to generate ideas in the renewal of Islamic law, especially in the implementation of worship and muamalah (social transaction/relation), and inform the government to make decisions that intersect with Islamic law during the Covid-19 pandemic. The focus of this research is how does covid-19 affect the practice of Islamic law in worship and mu`amalah? This study finds that government policies and regulations are currently in line with Islamic law. The most critical considerations in determining the compatibility of government policies and rules with shari’a are maintaining the soul’s safety, maintaining the continuity of religion through rukhshah, and maintaining the economy. Also, the Islamic rulings (fatwa) issued by ulama in response to government policies and rules are expected to guide worship and mu`amalah, build awareness and solidarity of Muslims, and relate to the people’s economy today.Keywords: Maqashid al-Shariah, Islamic law renewal, new normal rules, covid-19

Moderate Islamic Jurisprudence: Study of Muhammadiyah's Decision on Changes in Criteria for Fajr Prayer Time

This article aims to look at the new criteria decided by Muhammadiyah regarding the beginning of Fajr prayer time, which was seen through the conception of religious moderation (wasatiyah) in Indonesia. This issue relates to the decision regarding the change in the criteria from -20 degrees to -18 degrees due to an 8-minute difference from the common schedule used in Indonesia. This decision resulted in a long process that started from public unrest, discussed in the 27th National Conference of Muhammadiyah. Still, it could not be realized, then Muhammadiyah conducted a comprehensive fiqh study and appointed 3 main institutions to conduct studies astronomically. After the XXXI National Conference on Tarjih, Muhammadiyah finally decided to change this criterion through the principle of wasaṭiyyah; there is nothing wrong with this ijtihad jama`i carried out by Muhammadiyah, but Muhammadiyah does not appear to be balanced and fair in using the research results of the institutions that have been appointed, besides that Muhammadiyah also does not consider other important research outside Muhammadiyah. In the context of wasaṭiyyah, these different principles need to be resolved. The solution to unification itself must be given to the country’s religious authorities. The government is also required to fix criteria and conceptions to maximize that union effort.

Applying Hirāba in Islamic Criminal Law to Curb Armed Banditry in the Zamfara State of Nigeria: Opportunities and Challenges

The paper investigates the armed banditry that engages in the highway robbery attacking villagers and travelers in the Zamfara state of Nigeria. The paper aimed at examines hirāba in Islamic criminal law and the penal code of the state for the possibility of applying the provisions to curb armed banditry in the state. The paper is a Sharia study; thus, the descriptive-analytical method was followed. Opinions of four Sunni schools are relied on in most cases. In addition, academic works of contemporary jurists and thinkers in journals were extensively consulted. The critical studies of jurist’s definitions of hirāba revealed that the crime of hirāba comprises maritime piracy, aircraft hijacking, armed banditry, kidnapping, and any act of destroying society. Zamfara state, which first reintroduced the Islamic criminal system, witnessed maximum security between 2000 and 2009 because there is a political will to enforce Islamic law. Although it is alleged that Sharia was supposed to bring joy but brought bandits to the state, while the study revealed that armed banditry started around 2009, sharia implementation is not responsible for the insecurity. The paper concludes that the practical solution is the enforcement of new Sharia in the region.Keywords: armed robbery, banditry, highway robbery, hirāba.

Islamic Legal Modernism and Women's Emancipation in Tunisia

The article aims to analyze the role of modern interpretations of Sharia on women's emancipation in Tunisia. Even though Tunisia is a Muslim country influenced by the Maliki school of thought, its social, cultural, and political conditions are conducive to women's emancipation efforts. This condition was created partly by the government's efforts to adopt Sharia's modern interpretation in Tunisia. Efforts to modernize Islamic law through state law have been going on for a long time and are consistent. Islamic legal modernism is evidenced by the Constitution, which guarantees women's equal rights, manifested in state law and policies. A case in point is family law in Tunisia that prohibits the practice of polygyny, gives equal share of the inheritance, and punishes perpetrators of domestic and sexual violence against women. Modern interpretations of Sharia have resulted in Islamic law that is more gender-friendly and maximizes women's potential in Tunisia's public sector. As a result, women's political participation in Tunisia is very high: they occupy many Parliament seats and high government bureaucracy positions. The condition of equality of women in Tunisia is far different from that of its compatriots in the middle east and north African countries, which are still influenced by conservative Islamic law interpretations.Keywords: Islamic legal modernism, women's Emancipation, polygyny prohibition, sexual harassment

Maqasid Shariah in Family Institutions: Analysis of the Prenuptial Course Module in Malaysia

Of significant purposes of marriage in Islam are building self-serenity, developing a harmonious family with positive values, being a perfect platform to show love, affection, and gratitude among each member. Ironically, these purposes are immaterialized in some marriages as divorce cases are still high in Malaysia. Introducing compulsory pre-marriage course is among other actions taken by the government to protect its continuity. This article aims to study the module of the compulsory pre-marriage course and highlights elements of Maqasid Shariah in family and marriage. By Using the descriptive analysis method, this article argues that the modules have covered the whole elements of Maqasid Shariah. For instance, the faith and worship chapter is one factor in maintaining one's marriage and creating an individual's excellent character, which served them a better and happy life while preserving the religion itself. Highlighting Maqasid Shariah elements helps us understand the importance of building a fine family and preserving harmony within. Hence, a candidate who attends this prenuptial course build a good understanding among family members better than those who did not attend the pre-marriage course and, therefore, can maintain their relationship in marriage. Keywords: Maqasid Shariah, prenuptial course module (MKPPI), family institution, Malaysia

Women in the Public Sphere and Religious Discourse Interpretation in the Post-Conflict Aceh

This article aims to discuss women and their access to the public sphere after a long term of the last three decades of armed conflict in Aceh. As many occurred in the other most conflict regions, women are mostly victims of any regime policies, either in political or economic access. This article would like to elaborate more on how women's position perceived within Acehnese society in the post-conflict Aceh since 2005? Furthermore, how are religious doctrines being interpreted regarding women’s issues in the post-conflict Aceh? By combining literature reviews and interviews as the primary source of data collection, this article argues that the long army conflict in Aceh and unfortunate Aceh's current political context are the leading cause of women's position degradation in Aceh and not because of the religious interpretation contestation. Thus, even though the formal sharia implementation has taken place in Aceh since 2002, male political domination and contestation have influenced women's position degradation in contemporary Aceh's public sphere.

The Consideration of Bid‘a Concept according to Saudi and Iranian Scholars

The concept of innovation (bid'a) as a formative tool is used to create idiosyncratic nations depending on different scholars' interpretations, Wahhābīs in Saudi Arabia, and Shi'īs in Iran. Using the descriptive method throughout the paper, this article analyzes scholars' approaches towards bid'a concerning the sectarian interpretations and various legal methodologies. The extent of the relationship between the bid'a concept and the rulings related to the visitation of tombs, the practice of temporary marriage, and Nowrūz celebration will be the paper's primary focus. The interpretations and approaches of scholars towards bid'a have resulted in opposite solutions on these mentioned issues. The comparative conclusion aims to clarify the Saudi-Wahhābī and Iranian-Shi'ī scholars' principal attitudes towards the theoretical interpretation and practical application of the bid'a concept. The bid'a analysis attempts to introduce the operative purposes behind the rulings to answer which reasons impel the scholars functioning in these two countries from issuing the diametrically opposite views on controversial issues.