An Islamic Legal hermeneutics on Nafāqah during the Covid-19 Pandemic

Those who work and earn money in the public sphere are obliged to find alimony and provide a living (nafāqah). The assumption that has been believed by the Muslim society is that alimony is a man's duty (husband to wife, father to family). This assumption has been influenced by several factors such as language construction, state policies and the normative religious understanding. During the Covid-19 pandemic, this one-sided assumption has not only continued discriminatory for women and kept them away from such fair and equal economic access, but also it has tended to take Muslim families’ economy into the risks. This article aims to examine the complexities of working women position in the Islamic legal jurisprudence and provide an alternative narrative of Islamic legal hermeneutics ensuring that the livelihoods do not become the domain of men alone. Accordingly, it can be argued that the alimony might be considered to become the obligation of both men and women equally. Interviews with a number of women at the grassroots level prove that women are being able to play roles in earning a living.

Maqāṣid al-Sharī’ah Critique of Nahdlatul Ulama’s Fiqh of Disability

This article critically examines the implementation of the concept of maqāṣid in the construction of the Nahdlatul Ulama’s (NU) fiqh of disability. It purposes to intellectually confirm whether the mode of Islamic legal interpretation (ijtihād) of the construction has been influenced by the horizon of the thought of maqāṣidi (the higher objective of Islamic law) or has not. This confirmation is essential, since it seems that the fiqh of disability produced by Lembaga Bahtsul Masail NU/LBMNU (the Islamic legal body) is humanistic and egalitarian. However, are both inclinations the result of intellectual elaborations within the circle of NU Muslim jurists (‘ulama’) – those who have taken a position on the side of maqāṣid legal consideration? Engaging closely with this issue, this article claims that there is no study that specifically examining the maqāṣid al-sharī’ah in the NU’s fiqh of disability. This article arguably asserts that the NU’s fiqh of disability has been enlightened by the maqāṣidi perspective and it is highly likely consistent in considering the virtue of maṣlaḥah (the public good) as the ultimate goal of maqāṣid, especially for disabled people. This consistency can be identified from the NU’s fatwas (Islamic legal opinions).

The Yusuf Qardhawi's Thought on al-Daulah al-Shar'iyyah al-Dustῡriyyah and Its Relevance to the Concept of Indonesian Polity

This article aims at scrutinising the Yusuf Qardhawi's thought on the concept of al-Daulah al-Shar'iyyah al-Dustῡriyyah and its relevance in dealing with the development of the concept of Indonesian polity. To be more specifically, this study elaborates the concept of al-Daulah al-Shar'iyyah al-Dustῡriyyah and its relation to the enforcement of Islamic law (sharī’ah) in Indonesia. Obviously that scholars have produced some studies on Islam and the state (daulah) from various approaches and perspectives. However, the specific and in-depth research on the concept of al-Daulah mainly initiated by Yusuf Qardhawi has seemed to be a rare topic of academic research. Accordingly, this article examines the topic comprehensively without neglecting the Indonesian context. This article argues that Indonesia as a state has accommodated the principles of al-Daulah al-Shar'iyyah al-Dustῡriyyah, which substantially has appreciated universal values of sharī’ah (al-maṣlaḥah al-'ammah). Yet, those values such as freedom, justice and equality, in practice, have been still not fully enforced. Although Indonesia has been claimed as the Pancasila democracy-based country, violations of the values are still rife.

Sharī’ah and the Development of Sakinah Family

This research aims to examine the sharī’ah implementation in the public. It specifically examines models of the development of sakinah family in some institutions providing the course for Muslim families. It has been conducted in the Religious Affairs Office (Kantor Urusan Agama), the Institute of Professional Mother (Institut Ibu Profesional) and the School of Mother (Sekolah Ibu) in Malang, East Java, Indonesia. It finds that in terms of method, the Kantor Urusan Agama, the Institut Ibu Profesional and the Sekolah Ibu have had similar method in delivering its subject which is face to face course. Yet, the Institut Ibu Profesional has had more varied methods such as combining “in class course” with the online course. Regarding with the offered subjects, the Kantor Urusan Agama has emphasised the importance of Islamic law, while others have focused on the issues of parenting and families guidance, especially mothers. However, while the Institut Ibu Profesional has taught general issues, the Sekolah Ibu has discussed more specific issues. This research argues that in spite of the fact that each institution has its own speciality in conducting its course (implementing sharī’ah), all of them have played significant roles in developing the sakinah family among Muslims in the region.

Sharī’ah in the Public Sphere: The Discourse and Practices of Islamic Law and Inter-Religious Tolerance and Harmony

This article discusses the application of shari’ah in the public sphere. Mainly, it evaluates arguments and practices of Islamic law regarding tolerance and harmony among interreligious communities. It has been claimed as important due to it seems no scholarly works which significantly reconstruct inspirational ideas and practices of Islamic law in terms of emphasising tolerance and harmony between Muslims and believers of other religions. Applying phenomenological approach, it examines ideas and behaviour of interfaith leaders in Malang, East Java, Indonesia. The leaders have been members of the Forum for Religious Harmony (FKUB). It arguably asserts that the interfaith leaders have played significant roles in maintaining religious harmony in the region. They have participatorily anticipated and resolved religious-based conflicts. For them, the participation is essential in order to maintain interreligious harmony born out of dialogue, acquaintance and mutual cooperation. In the practical level of mu'āmalah, they have tended to be tolerant and pluralist. Thus, their roles might be considered as a best practice for various peacebuilding efforts in Indonesia and other countries.

The Shafi’i’s and the School of Shafi’ite’s (the Nawawi’s and Ramli’s) Concept of Kafā’ah

The harmonic household is viewed to be one of the ideals of marriage. The harmony is possible to gain when the couple have achieved the principles of kafā’ah covering the matters of education, economy, social status and morals. In dealing with the issue of kafā’ah, however, the scripture (al-Qur’ān and Sunnah) has no mentioned any specific regulation of it. Consequently, it tends to urge the emergence of various Islamic legal methods in order to invent the legal status of the issue. The primary literatures have depicted similarities among the Muslim jurists’ view (Shafi’i, Nawawi and Ramli) in formulating the criteria of kafā’ah in marriage, although they have remained differences. This article purposes to examine the literatures and identify the factors influence the formation of the concept, and also consider the acceleration of it in the development of the Shafi’i and Shafi’ite legal thought. This article argues that the similarities involve the theme of pedigree, religion and wealth in kafā’ah, while the differences cover the matters of the physical disability as one of the requirements and rights (khiyār) in terms of transaction. It has been fundamentally influenced by the social, cultural and geographic factors, and the intellectual capacity and capability of the legal scholars.

The Majelis Tarjih Muhammadiyah’s Fatwa on the Pregnant Marriage: A Maqāṣid Approach

This study aims to analyse the Majelis Tarjih Muhammadiyah’s fatwa on the case of pregnant marriage applying the maqāṣid al-sharī’ah approach. There are three rationales why this research is important. First, this issue is considered controversial as opinions regarding the law of pregnant marriage among Islamic scholars are quite diverse. Second, Muhammadiyah as an Islamic organisation in the largest Muslim majority country (Indonesia) has a semi-authoritative body, namely the Majelis Tarjih Muhammadiyah; to provide religious views for its members. Third, this research is important to examine the council’s fatwa whether it is in accordance with maqāṣid al-sharī’ah. Based on the author’s analysis, it has been argued that the Majelis Tarjih Muhammadiyah’s fatwa on the law of pregnant marriage is in accordance with maqāṣid al-sharī’ah. This research also studies various opinions and methods used by Muhammadiyah. Finally, this research concludes that pregnant women should not be married except by men who cause pregnancy or by their ex-husbands.

The Maqāṣid Analysis on the Nafkah Iddah of Divorce Lawsuit in the Compilation of Islamic Law (KHI) Article 149 (b) and the Supreme Court Verdict Number 137/K/AG/2007

This article examines the nafkah iddah of divorce lawsuit in the Islamic Law Compilation (KHI) Article 149 (b) and the verdict issued by the Supreme Court Number 137/K/AG/2007. It also analyses their legal basis based on the Jasser Auda’s maqāṣid al-sharī’ah approach concerning the preservation of life and treasure. The primariy objective of this article is to find the main differences between the KHI and the Verdict in determining the nafkah iddah of divorce suit. Although some scholars have concerned about the case of nafkah iddah, the Jasser Auda’s maqāṣid al-sharī’ah approach seems to be rare to be dealt with the case. Accordingly, the maqāṣidi approach will be mainly utilised in order to consider the effectiveness of both the KHI and the Verdict. This article finds that the KHI states that a wife who applies for a divorce is considered disloyal. As a consequence, she is undeserving of receiving nafkah iddah. The additional finding is that the Verdict decides that in the case of the divorce filled by the ex-wife, it brings a responsibility for the former husband to pay the nafkah iddah. From the perspective of maqāṣid al-sharī’ah, this article argues that the implementation of the Verdict gains better benefit rather than the KHI, because the legal basis evolved for the nafkah iddah of divorce suit is in line with the maqāṣid principles of the preservation of life and property. In the particular case, the principles tend to protect the ex-wife’s safety and welfare after the divorce.

The Significant and Arguments for the Renewal of Maqāṣid al-Sharī‘ah

The phenomenon of massive industrialisation has caused a number of critical and complex issues in social, cultural and ecological sectors. The most obvious one has been environmental degradation which is also related to the problem of entrenched ignorance. This certainly requires Muslims to immediately come up with solutions to these problems within the framework of Islamic thought. Unfortunately, Muslims have been considered inept and slow. Indeed, the orientation of thought in the Islamic world has been thus far dominated by the power of textualism, namely legal-formal interpretation with the dominance of linguistic approach. This article aims to critically diagnose and evaluate the problem of domination of the Islamic legal interpretation, especially in context of the conceptualisation of maqāṣid al-sharī‘ah. It is essential, since Muslim scholars initially have deemed maqāṣid al-sharī‘ah as a suitable solution to overcome textualism, yet it is still restrained by the supremacy of textualism. Consequently, its function is limited to mere method of legislation. Studies on maqāṣid textualism in the context of environmental degradation are non-existent. In order to fill the gap of this study, this article argues that maqāṣid al-sharī‘ah must be transformed. The main reason in supporting this argument is that maqāṣid al-sharī‘ah is an intellectual and historical product which is open to reconstruction. In addition, as an axiological discourse, it continuously evolves. Thus, this shows that the profane nature of maqāṣid al-sharī‘ah seems not immune to change

The Harmonised Shari’ah and Human Rights on LGBT

This article has an objective to analyse the phenomenon of LGBT through the lens of harmonisation between sharī’ah and human rights. Although in general the LGBT groups have faced challenging realities of discrimination and it encourages them to become minority and vulnerable groups, they are human being who have dignity. It means their dignity must be respected and protected. In dealing with this issue, some scholars have covered it either via the perspective of sharī’ah or human rights. However, the study that has focused on the issue using the perspective of harmonic elaboration between sharī’a and human rights has remained in absence. Accordingly, this article will consider the issue using the perspective and the approach of maqāṣid al-sharī’ah. This article argues that what sharī’a and human rights believe in relation to human dignity is not contradictory. Consequently, it is important to reconstruct the understanding of Islamic jurisprudence that is more humanistic. Therefore, in the context of LGBT, sharī’a and human rights can be united in a harmonious perspective.