The accuracy of online-based prayer times applications

There are various types of prayer times that Muslims refer to on a daily basis. Specifically, there are offline and online prayer times as well as traditional and modern prayer times. Online prayer times that can be accessed from a mobile phone in forms such as android-based applications, online websites, and Google applications. The purpose of this study is to investigate the accuracy of online-based prayer times applications and seek for the possible consistency across these applications. This study employs a qualitative approach and a descriptive data analysis. The data collection is conducted through observations, literature study, and in-depth interviews. This study indicates different degree of deviations among online-based prayer times applications, in which Google applications show the most deviation among the others. This study suggests that Muslims refer to online applications recommended by the Ministry of Religious Affairs of Indonesia.

Implementation of marriage itsbat in Aceh

This paper describes the process of marriage itsbat in Aceh and its approval factors despite its non-compliance with the applicable provisions. From the study results, it is known that the judge determining marriage itsbat prioritized benefit (maslahah) for the litigants. Its approval is considered to have more positive impacts, both for the litigants and their children. When it is granted, their marriage has had legal force and is recognized by the state, with the result that the litigants and their children have the same rights as those who register their marriage. This study used empirical legal research method obtained by conducting interviews. For further suggestion, it is expected that the government give legal socialization to increase public awareness of the importance of marriage registration

The formulation of nusantara fiqh in Indonesia

This article discusses how Fiqh Nusantara, an Islamic jurisprudence in Indonesia was formed and formulated. Data were obtained through library research, classic literature commonly used in Islamic boarding schools, fatwas of the Indonesian Council of Ulama, Nahdlatul Ulama, and Muhammadiyah. The Fiqh Nusantara contextualization in Indonesian locus – known as Fiqh Nusantara– is posed from distinctive genealogy and characteristics compared to Fiqh that has developed in the Middle East. One of the characteristics of Fiqh Nusantara is that it has strengthened the unity of the Republic of Indonesian as indicated by its various contributions in the national legal system. Additionally, it has been resulted in a dialogical process in which many fatwas developed and lived in the community. It is responsive to recent developments of fiqh and it is not derived from one school of thought. It is created through collective efforts (collective ijtihad) in the form of fiqh which is open to variety of opinions. However, Fiqh Nusantara as an Islamic law in Indonesia has not yet penetrated the domain of mahdlah (sincere worship to the God). For Fiqh Nusantara activists, it was only applicable to the changing domain of fiqh (mutaghayirat) and not to the fixed domain of fiqh (tsawabit).

Operational permits and brandings of savings and loan cooperatives and sharia financing (KSPPS) in legal validity perspective

This article described the legal validity of Savings and Loan Cooperatives and Sharia Financing (KSPPS) in East Java Region, especially regarding operational permits and their brandings. Most of them have KSPPS operational permits but in their operations use Baitul Mall Wa Tamwil (BMT) brand. Meanwhile, based on Chapter 2 Article 2 Point 7 of the Regulation the Minister of Cooperatives and Small and Medium Enterprises (SMEs) Number: 11/PER/M.KUKM/XII/2017, it is mandatory for every cooperative branch office and service network to display the cooperative identity either the name or logo, and not the BMT brand. The problem in this study was discussed using legal validity theory from philosophical, juridical and sociologicaldimensions. This was a qualitative research with a sociological, juridical, philosophical approach. Data collection techniques were divided into two, namely literature study to explore legal documents as data to review philosophical and juridical aspects and field studies to explore information from KSSPS in East Java to analyze the sociological aspects of the validity of the Regulation. The findings of the research were: the legal validity of the Ministerial Regulation Number: 11/PER/M.KUKM/XII/2017 from a philosophical point of view is not in line with the legal ideals of cooperatives in Indonesia. While from a juridical side, there is a legal vacuum. In addition, from a sociological dimension, it has not run perfectly due to non-optimal socialization from policy makers.

The decision on joint properties in Bengkulu High Religious Court Jurisdiction

Joint property disputes after divorce at the Religious Courts (PA) under the Bengkulu High Religious Court (PTA) jurisdiction are always equally settled by giving half for each ex-spouse, regardless of the domination in working to earn the properties. The decisions refer to the article 97 of the Compilation of Islamic Law (KHI). The decisions do not fulfill sense of justice regarding the ex-wife participating in earning the living. This library research would like to descriptively analyze the progressive law reviews of the decision related to joint properties with working wives set at some Religious Courts under the Bengkulu High Religious Court jurisdiction in 2016-2019 periods, in the context of reforming the Marriage Law in Indonesia. In drawing conclusions, the data are analyzed by applying progressive law theory. The study shows that Religious Courts’ decisions are not regulated in traditional Islamic law, but they are found in contemporary Islamic law by analogizing them as Shirkah with the division based on the agreement between the parties. In positive law perspective, the joint property division has been determined with each equally get half. In the meantime, from the progressive law perspective in the context of reforming the Indonesian Marriage Law, ex-wives participating in earning living should get a larger portion of joint properties than their ex-husbands, to fulfill the sense of justice. Their portions are decided amicably on the agreements of the parties

Legal reasonings of religious court judges in deciding the origin of children: a study on the protection of biological children’s civil rights

This study explores the extent to which religious court judges decided the origin of biological children following the implementation of the Indonesian Constitutional Court Decree number 46/PUU-VIII/2010. A substantial ambiguity was apparent in the Indonesian family law concerning civil relationships between children born out of wedlock and their biological fathers. Consequently, judges had different legal interpretations over status of children, which created disparities of the children’s civil right protection. This study focuses on investigating the judges’ legal reasonings when deciding origin of biological children born out of wedlock. This is a case study with a legal philosophical approach. Data collection includes document collection, whereas data analysis involves deductive and inductive approaches. This study found three typologies of judges’ legal reasonings in relation to how they decided the origin of the biological children. Pragmatic judges would not provide legal protection to the biological children as they failed to accept lineage of these children towards their parents, creating uncertainty over the children’s legal status. Conservative judges with a positivistic mindset would acknowledge legal relationship between the biological children and their mothers, generating the children’s civil rights in relation to their mothers. Progressive judges would provide legal protection to the biological children. Progressive judges accepted the lineage of these children towards their parents but acknowledged their civil rights in relation to their fathers in limited ways such as living allowance and testament. Disparities of judges’ decisions regarding the origin of the biological children substantially created a legal uncertainty to these children.

Science-based Ijtihad: religious and scientific dialectic on fatwas regarding congregational worships amid the covid-19 pandemic

The covid-19 pandemic has impacted religious practices, including Islamic practices. Islamic scholars have issued several fatwas which regulate how congregational worships should be practiced. For instance, a fatwa regulates that a worship which is supposed to be performed at a mosque collectively should be performed at home individually. The rapid spread of coronavirus becomes the primary reason for issuing this regulation. This study is a normative study which employs an usul fikih approach. The object of the study is the religious and scientific dialectic on fatwas regarding congregational worships amid the covid-19 pandemic. Data is collected by gathering fatwas issued by ulama councils around the world. The data is analyzed through a ta’lîly logic, that is a logical reasoning that is based on ‘illah (reason). This study is built upon the theory of istihsan bil maslahah, which refers to a theory about how Islamic laws can change depending on their benefits. This study presents three main findings. First, in issuing fatwas regarding the covid-19, ulama used scientific findings about the danger of coronavirus as ‘illah for changing the practice of congregational worships and employed as a lens to consider the benefit of a law. These ulama used the interrelationship model of interests (maslahah) in which preserving of soul (hifẓ an-nafs) was more important that preserving of faith (hifẓ ad-dîn). Second, the ulama methodologically combined religious method, which was based on interpretative approach, and scientific method, which was based on empirical approach. This integration of religious and scientific methods reflected doctrinal-philosophical aspect and legal-ethic aspect of the fatwas. Third, the fatwas indicated the use of functional interpretative approach towards scriptural texts, logic, and reality.

Fulfillment of civil rights of extramarital children and its effect on social dimensions

This article examines the fulfillment of the civil rights of extramarital children which has become a controversy since the issuance of the Constitutional Court decision no. 46/PUU-VIII/2010, which is considered as a progressive and responsive measure to guarantee children's rights. However, the content of this decision is considered to violate Islamic norms in giving family lineage to extramarital children for it will create a stigma that one does not need a sacred marriage institution if he only wants to establish a civil or lineage relationship with his biological father; instead, it only requires evidence based on science and technology or others in court. This article answers the questions of how to interpret the concept of the civil rights of extramarital children to avoid conflicts with Islamic norms and what are the philosophical and sociological benefits of fulfilling civil rights for extramarital children. This study is qualitative in nature. It is focused more on conceptual ideas based on library research using conceptual and case approaches. It was found that (1) the civil rights of extramarital children are not a lineage right but compensation from their biological father as a form of moral responsibility; (2) philosophically, the civil rights of extramarital children are to fulfill the value of social justice which is distributive and, sociologically, these rights create a prosperous social condition for society by fulfilling the civil rights of the next generation of the nation covering their physical, mental, spiritual, and intellectual needs.

Discrimination against wife in the perspective of CEDAW and Islam Mubādalah

This article analyzed wife discrimination in the household viewed from the perspective of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and Islam Mubādalah. Regulation of wife obligation in the household are stated in the Marriage Law (UUP), Number 1 of 1974, article 34 paragraph (b) saying that “A wife has duty to manage household affairs as well as possible”. The fact shows that the regulation is widely understood literally, hence it creates gender bias stigma and a wife discrimination. The study was a library research using a normative approach, which examined the Marriage Law with qualitative analysis and applied gender justice theories. The research showed that the regulation in the article 34 of the Marriage Law is interpreted textually, which has implications for discrimination against wife roles in the household. As the result, this understanding affects on wife discrimination and againsts gender justice in the perspective of CEDAW and Islam Mubādalah. As the novelty, the authors found that the wife discriminations in the household are due to the strong pratiarchical perspective in the article 34 of Marriage Law, and the article tends to be a masculine perspective.

Contextualization of the19th century Islamic law in Buton (a study on Sultan Muhammad Idrus Qaimuddin thought about mawaris)

This was a literary research about the contextualization of Islamic Law in Buton in the 19th Century. It proved a descriptive data about the paradigmatic basis used by Idrus Qaimuddin to re-actualize Islamic law in Buton. It utilized Von Eckartsberg’s phenomenological hermeneutic approach combined with Miles and Huberman’s analysis model. The study concluded that Idrus thought about mawaris was designed based on the Butonese needs and local character. It was product of Al-Qur’an constructed based on the spirit of reformation by prioritizing justice aspects to create social and cultural fairness. His attempt to re-interpret the mawaris verse showed his view on the text as something alive so that it needs a dialogue with condition and realities. Even though he did not explore much potentials of Islamic thurats which could enrich his views on mawaris, at least his thought proved that in the beginning of the 19th century, there was an Islamic scholar attempting to re-actualize Islamic teaching in this archipelago.