Contemporary Issues on Interfaith Law and Society
Contemporary Issues on Interfaith Law and Society [ISSN Print: 2829-8373 ISSN Online: 2829-8624] is an open access double blind peer reveiwed journal published by Faculty of Law Universitas Negeri Semarang and managed by Moslem and Christian Community at Faculty of Law Universitas Negeri Semarang, Indonesia. The Contemporary Issues on Interfaith Law and Society [CIILS] is committed to providing a forum for academics, researchers, scholars, students, and religious communities around the world. The CIILS is also dedicated to publish an innovative research on and study of the interactions that take place within and between religious communities in the law and policy context by multidisciplinary perspectives including politics, economics, theology, psychology, and other related topics. By fostering conversation, the CIILS hopes to increase religious literacy, contribute to the field of interreligious hermeneutics, and address the issues surrounding interreligious relations, dialogue, theology, and communication both National [Indonesia] and Global context. Title : Contemporary Issues on Interfaith Law and Society Editor in Chief : Muhammad Azil Maskur ISSN : 2829-8373 [Print] | 2829-8624 [Online] DOI Prefix : 10.15294/ciils Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia Frequency : 2 [two] issues per year
All writings published in this journal are personal views of the author and do not represent the views of this journal and the author’s affiliated institutions.
Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights
Abortion remains one of the most controversial legal and ethical issues, balancing between reproductive rights, religious doctrines, and state regulations. In Indonesia, abortion laws are primarily governed by the Health Law No. 36 of 2009 and the Criminal Code, which generally prohibit abortion except under specific circumstances, such as medical emergencies or rape-induced pregnancies. These legal restrictions reflect Indonesia’s socio-religious landscape, where Islamic principles significantly influence legislative frameworks. From an Islamic legal perspective, abortion is largely prohibited but with nuanced interpretations depending on the gestational stage and underlying reasons. Classical Islamic jurisprudence generally forbids abortion after ensoulment (believed to occur at 120 days of pregnancy), though some scholars permit it under limited circumstances, such as to preserve the mother’s life or in cases of severe fetal abnormalities. However, differences exist among Islamic schools of thought regarding permissibility before ensoulment, leading to diverse legal applications across Muslim-majority countries, including Indonesia. This study critically examines the intersection of Indonesian state law and Islamic law on abortion, highlighting their points of convergence and divergence. It explores how legal, religious, and ethical considerations shape abortion policies and the implications for women's reproductive rights. The paper also addresses ongoing debates over potential legal reforms, considering global human rights perspectives and the influence of Islamic jurisprudence in shaping reproductive health policies. By comparing these legal frameworks, this study aims to provide a comprehensive understanding of abortion law in Indonesia within both secular and religious contexts.
Copyright (c) 2024 Salsabila Triandani, Windiahsari Windiahsari, Ali Masyhar, Aprila Niravita, Rizqan Naelufar (Author) https://creativecommons.org/licenses/by-sa/4.0
Battle for Blood: Child Custody Conflicts in Divorce – Islamic vs. Customary Law
Child custody disputes following divorce often become complex legal and emotional battles, especially when religious and customary laws intersect. In many Muslim-majority societies, Islamic law (Sharia) and customary law (adat) both influence custody decisions, sometimes complementing each other but often conflicting in practice. Islamic law prioritizes the child’s welfare while emphasizing maternal custody during early childhood (hadanah) and paternal guardianship (wilayah) in later years. However, customary law, deeply rooted in local traditions, can override or modify these principles based on community norms, family ties, and social status. This study explores the legal and cultural dimensions of child custody disputes in divorce cases, analyzing the extent to which Islamic law and customary law shape judicial decisions and parental rights. While Islamic law prescribes clear guidelines, its application varies across jurisdictions, influenced by local customs and judicial interpretations. In many cases, customary norms challenge Islamic legal principles, leading to inconsistencies and gendered biases that may disadvantage mothers or overlook the best interests of the child. As globalization and legal reforms push for greater adherence to human rights and child protection standards, the tension between religious and customary laws raises critical questions about the future of custody rulings. This paper examines landmark cases, legal frameworks, and the evolving role of Islamic and customary laws in shaping custody outcomes. By comparing these perspectives, it seeks to highlight the need for harmonized legal solutions that prioritize the child’s well-being while respecting cultural and religious traditions.
Copyright (c) 2024 Destika Santi Putri Sarfitri, Ratih Damayanti, Rini Fidiyani, Winarsih Winarsih, Mutmainah Nur Qoiri, Jamaluddin Jamal Muhsen (Author) https://creativecommons.org/licenses/by-sa/4.0
Sacred Bonds or Sinful Ties? Interreligious Marriage in Islamic Law
Interreligious marriage remains one of the most debated issues in Islamic law, raising questions about faith, identity, and legal restrictions. Islamic jurisprudence, derived from the Quran, Hadith, and scholarly consensus, generally prohibits Muslim women from marrying non-Muslim men while allowing Muslim men to marry Christian or Jewish women under specific conditions. This distinction is rooted in concerns over religious continuity, familial stability, and the spiritual upbringing of children. The prohibition reflects the broader Islamic principle of maintaining faith within the household and preventing potential conflicts in religious obligations between spouses. Many Muslim-majority countries have incorporated these religious principles into their national legal frameworks, enforcing restrictions on interfaith marriages. These laws are justified on the grounds of protecting Islamic values and ensuring the predominance of Muslim identity within families. However, in an increasingly globalized world, where cultural and religious boundaries are more fluid, these restrictions face growing challenges. Critics argue that such prohibitions conflict with fundamental human rights, particularly the right to marry and religious freedom. Additionally, interfaith couples often encounter significant legal and social hurdles, including issues related to inheritance, child custody, and religious conversion. This study examines the theological, legal, and sociocultural foundations of the prohibition on interreligious marriage in Islam. By analyzing classical Islamic jurisprudence alongside modern legal and human rights perspectives, this paper explores how these restrictions impact Muslim communities today and whether evolving interpretations can accommodate interfaith unions in pluralistic societies.
Copyright (c) 2024 Rafli Zidan Eka Ramadhan, Rohadhatul Aisy, Shofriya Qonitatin Abidah, Fateema Muslihatun, Bagus Hendradi Kusuma (Author) https://creativecommons.org/licenses/by-sa/4.0
Beneath The Same Sky, Different Faiths: Why is Interfaith Marriage Prohibited in Islam?
Interfaith marriage remains a contentious issue in many legal and religious traditions, particularly in Islam, where it is explicitly regulated. This study explores the theological, legal, and sociocultural reasons behind the prohibition of interfaith marriage in Islam, with a focus on its implications for Muslim communities. Islamic law, derived from the Quran, Hadith, and scholarly interpretations, generally prohibits Muslim women from marrying non-Muslim men, while permitting Muslim men to marry women from the People of the Book (Christians and Jews) under specific conditions. This distinction is rooted in concerns about religious continuity, family structure, and the spiritual well-being of future generations. From a legal perspective, many Muslim-majority countries incorporate these religious principles into their national laws, restricting or entirely prohibiting interfaith unions. The justification for this prohibition is often linked to the preservation of Islamic values and the potential conflicts arising from differing religious obligations within a marriage. Sociologically, interfaith marriages can lead to identity struggles, legal uncertainties, and challenges in raising children with a unified religious identity. However, critics argue that such prohibitions may conflict with contemporary human rights principles, including freedom of marriage and religious choice. By examining Islamic jurisprudence alongside modern legal and social perspectives, this study seeks to provide a nuanced understanding of why interfaith marriage is restricted in Islam and how these regulations impact Muslim communities globally. It also explores the evolving discourse on this issue, particularly in pluralistic societies, where legal frameworks and personal freedoms increasingly challenge traditional religious interpretations.
Copyright (c) 2024 Dewi Zahra Setyawati, Veyza Olivia, Armanda N Ardiyanto, Qlarissa Melinda, Baidhowi Baidhowi, Yustina Dhian Novita, Hisyam Maliki Akbar (Author) https://creativecommons.org/licenses/by-sa/4.0
Juvenile Justice in Comparative Perspective: A Study of Indonesian State Law and Islamic Law
This study examines juvenile justice systems through a comparative analysis between Indonesian State Law and Islamic Law, focusing on the treatment and legal protection of juvenile offenders. The Indonesian legal framework, which follows a secular approach, offers specific regulations for juvenile justice under the Juvenile Justice System Law (No. 11 of 2012). This law emphasizes rehabilitation and diversion, ensuring that juvenile offenders are treated differently from adults, with a focus on reintegration into society. In contrast, Islamic law, rooted in the principles of Sharia, offers a distinct approach to juvenile justice. While Islamic law does not have a unified legal code for juvenile offenders, its application emphasizes the protection of minors from harsh punishments and prioritizes their rehabilitation. Islamic legal scholars agree on the importance of age and maturity in determining the level of responsibility for a juvenile’s actions. The concept of "ta'zir" (discretionary punishment) plays a significant role in ensuring that juvenile offenders are treated with fairness, aiming at their moral and social reform. This comparative study highlights the similarities and differences between the two legal systems in addressing juvenile crime, considering the broader cultural and legal contexts that shape juvenile justice policies in Indonesia and Islamic law. The paper explores how these legal frameworks balance punishment with rehabilitation and the role of community involvement in reforming juvenile offenders. The study contributes to understanding the potential for cross-jurisdictional insights in improving juvenile justice practices, emphasizing the need for a more unified and human-centric approach in dealing with young offenders.
Copyright (c) 2024 Adrian Hadiputra, Muhammad Azil Maskur, Ridwan Arifin, Ikram Amrullah, Hibatullah Maajid (Author) https://creativecommons.org/licenses/by-sa/4.0
Ensuring Legal Certainty for Customary Law Communities in Indonesia: Analyzing the Ratification Process of the Customary Law Communities Bill
This study examines the pursuit of legal certainty for customary law communities in Indonesia through analyzing the ratification process of the Customary Law Communities Bill. Customary law communities, integral to Indonesia's cultural fabric, have long grappled with ambiguous legal recognition, leading to vulnerability and uncertainty. By scrutinizing the journey of the Customary Law Communities Bill towards enactment, this research aims to elucidate the prospects of establishing a robust legal framework safeguarding the rights and interests of these communities. Drawing from legislative documents, legal debates, and stakeholder insights, the study assesses the bill's opportunities and challenges. Additionally, the research delves into the implications of legal certainty for customary law communities, exploring its potential impact on autonomy, cultural heritage, and socio-economic development. Through case studies and empirical evidence, the study illuminates the practical ramifications of the bill's provisions across Indonesia. This study contributes to discussions on legal pluralism, indigenous rights, and community empowerment in Indonesia. By advocating for the recognition and protection of customary law communities within the legal framework, it seeks to foster inclusive governance and cultural diversity. Ultimately, it underscores the significance of ensuring legal certainty as a cornerstone of justice and equality for all communities, irrespective of their cultural or legal traditions.
Copyright (c) 2024 Zainurohmah Zainurohmah, Salim Noer Mahmudi, Jihan Alfarisi (Author) https://creativecommons.org/licenses/by-sa/4.0
The Vital Role of Legal Education in Societal Transformation: Fostering Legal Awareness and Social Justice
This article explores the crucial role of legal education in societal transformation, with a specific focus on fostering legal awareness and promoting social justice. The introduction highlights the inherent interconnectedness of individuals in communal living and emphasizes law as a dual-aspect phenomenon governing legal subjects. The research aims to analyze the multifaceted functions of law, such as social control, engineering, symbolism, politics, and integration, to contribute to shaping a balanced and just society. The paper also delves into the objectives of legal education, intending to cultivate responsible citizens with a comprehensive understanding of legal awareness. Employing a qualitative approach through an extensive literature review, the methodology focuses on studying existing scholarly works. The article advocates for integrated efforts to realize legal transformation and societal harmony through robust legal education initiatives. In conclusion, it underscores the need for a collective commitment to fostering legal awareness for a more just and harmonious society.
Copyright (c) 2024 Satrio Alpen Pradanna, Hendri Irawan (Author) https://creativecommons.org/licenses/by-sa/4.0
A Discourse of Marriage Principles in a Multicultural Society in Indonesia: Mono and Polygamous Practices
This paper delves into the discourse surrounding marriage principles within Indonesia's diverse multicultural landscape, with a particular focus on both monogamous and polygamous practices. As a nation characterized by rich cultural and religious diversity, Indonesia provides a unique context for examining the dynamics of marital norms and traditions. Through a comprehensive analysis, this study explores the historical, legal, and socio-cultural dimensions of monogamous and polygamous marriages, shedding light on their prevalence, legal frameworks, and societal implications. Drawing upon legal perspectives, societal attitudes, and empirical evidence, this discourse aims to provide a nuanced understanding of the complexities inherent in marital practices within Indonesia's multicultural society. Ultimately, this study contributes to broader discussions on marriage, diversity, and legal pluralism, offering insights into the evolving nature of marital norms and their intersection with Indonesia's multicultural fabric.
Copyright (c) 2024 Endriyani Lestari, Abdul Malik Hasyim El Rahman, Abdul Kareem Zuhud (Author) https://creativecommons.org/licenses/by-sa/4.0
Integrating Islamic Laws into Indonesian Data Protection Laws: An Analysis of Regulatory Landscape and Ethical Considerations
This study explores the intersection of personal data protection laws in Indonesia with Islamic principles, focusing on the regulatory landscape and ethical considerations surrounding data privacy. With the proliferation of digital technologies and data-driven processes, safeguarding personal information has become paramount. Drawing from legal frameworks, Islamic jurisprudence, and contemporary discussions on data privacy, this research investigates how Islamic principles inform and complement existing data protection measures in Indonesia. The analysis begins by examining the legal foundation of personal data protection in Indonesia, emphasizing key provisions of relevant legislation and constitutional mandates. It then delves into Islamic principles related to privacy, confidentiality, and ethical conduct, as derived from primary Islamic sources such as the Quran, Hadiths, and scholarly interpretations. The study evaluates the alignment between personal data protection laws and Islamic ethics, identifying areas of convergence and potential divergence. It explores the implications of Islamic principles for data handling practices, consent requirements, and accountability mechanisms within the Indonesian context. Furthermore, the research discusses the practical implications of integrating Islamic principles into data protection frameworks, considering challenges, opportunities, and best practices for ensuring compliance and ethical data governance. By bridging legal and ethical perspectives, this study contributes to a deeper understanding of personal data protection in Indonesia and offers insights into the role of Islamic principles in shaping contemporary approaches to privacy and confidentiality in the digital age. It underscores the importance of holistic and culturally approaches to data governance that respect both legal requirements and ethical norms derived from Islamic teachings.
Copyright (c) 2024 Tegar Islami Putra, Akbar Jihadul Islam, Abdullah Mufti Abdul Rahman (Author) https://creativecommons.org/licenses/by-sa/4.0
Rights of Children from Interfaith Marriages: Child Registration Case in Semarang, Indonesia
This paper investigates the rights of children born into interfaith marriages, focusing on child registration in Semarang. In a multicultural society like Indonesia, children from interfaith unions face complex legal and social challenges. This study explores the nuances of child registration in Semarang, addressing the legal framework, social dynamics, and implications for children's rights. Beginning with an overview of Indonesia's legal context, the paper emphasizes the importance of civil registration in establishing a child's legal identity and access to rights and services. It examines the hurdles encountered by interfaith families in navigating registration procedures, including issues of parental consent, religious affiliation, and administrative barriers. The study also delves into the social aspects of child registration in Semarang, analyzing how cultural norms, religious beliefs, and community attitudes shape the registration process and affect children's legal recognition. Challenges such as social stigma, discrimination, and bureaucratic inefficiencies are highlighted as obstacles to obtaining birth certificates and official documentation for children from interfaith backgrounds. Furthermore, the paper discusses the implications of insufficient child registration for children's rights, emphasizing the importance of equal treatment and legal recognition for all children, regardless of their parents' religious affiliations or cultural backgrounds. By examining the child registration case in Semarang, Indonesia, this study contributes to broader discussions on the rights of children from interfaith marriages and advocates for inclusive policies and practices. Addressing legal and social barriers to registration and promoting interfaith dialogue can ensure that every child enjoys their fundamental rights and opportunities for a fulfilling future.
Copyright (c) 2024 Ruth Elita, Fathiyyah Layla, Chelsy Naristya, Zulfhan Akbar, Miftahul Jannah (Author) https://creativecommons.org/licenses/by-sa/4.0
Religious Reform: Parallels between the European Reformation and Contemporary Challenges in Muslim-Majority Societies
This article explores into the profound dynamics of religious reform by drawing parallels between the European Reformation and the contemporary challenges facing Muslim-majority societies. While recognizing the unique contexts of these historical periods, the analysis sheds light on essential elements such as freedom, individualism, and the separation of religion from the state. It explores how these principles have played transformative roles in shaping Western modernity and their potential relevance in addressing current issues in Muslim-majority countries. The absence of a centralized religious authority in the latter context presents distinctive challenges, emphasizing the need for decentralized and context-specific reform strategies. The article underscores the importance of a multifaceted approach to reform, involving scholars, religious leaders, intellectuals, and civil society actors, in navigating the intricate path toward progress and renewal. Ultimately, this examination reaffirms the timeless pursuit of reform as a testament to human resilience and the enduring quest for positive change.
Copyright (c) 2024 Hazem Almassry (Author) https://creativecommons.org/licenses/by-sa/4.0
Indonesian Legal Compliance with International Human Rights Law on Female Genital Mutilation
This paper examines the legal framework in Indonesia concerning Female Genital Mutilation (FGM) in light of its obligations under international human rights law. FGM persists in Indonesia despite legal prohibitions and international condemnation. Through an analysis of Indonesian laws, international human rights instruments, and relevant case studies, this study explores the extent to which Indonesian legislation aligns with international standards on FGM. Despite ratifying several human rights treaties, Indonesia lacks comprehensive legislation explicitly criminalizing all forms of FGM, leading to inconsistent enforcement and protection gaps for girls and women. Moreover, cultural and religious justifications often hinder effective legal action against FGM practitioners. This paper underscores the urgent need for Indonesia to strengthen its legal framework, ensure effective enforcement, and promote awareness of human rights principles to eliminate FGM fully. By addressing these gaps, Indonesia can uphold its international human rights obligations and safeguard the rights and dignity of girls and women.
Copyright (c) 2023 Nurul Fazrie Fitriani, Elvita Trisnawati (Author) https://creativecommons.org/licenses/by-sa/4.0
Early Marriage and Implications for Future Orientation in Islamic Law
Early marriage, deeply ingrained in cultural and religious traditions like Islam, profoundly influences individuals' future perspectives. This paper delves into early marriage within Islamic law's framework, examining its ramifications on individuals' outlooks. Drawing from Islamic jurisprudence, sociological insights, and psychological perspectives, the study scrutinizes early marriage's legal, social, and psychological dimensions. While Islam sanctifies marriage, it also underscores maturity and readiness, often at odds with prevalent early marriage customs. This practice poses multifaceted implications. Legally, it raises concerns about consent and well-being, especially when parties lack full maturity. Socially, early marriage curtails educational and economic opportunities, hindering future planning and goal pursuit. Psychologically, it induces stress and coping challenges with adult responsibilities prematurely. Additionally, early marriage affects broader societal aspects like population growth and gender equality. Addressing this issue necessitates a holistic approach integrating legal reforms, educational programs, and community support to safeguard vulnerable groups, notably girls and young women. By scrutinizing the legal, social, and psychological facets of early marriage, this paper seeks to inform interventions aligning with Islamic principles and universal human rights, promoting individuals' protection and empowerment.
Copyright (c) 2023 Farel Rifandanu, Ayu Febrianti (Author) https://creativecommons.org/licenses/by-sa/4.0
Formulation of Public Policy Based on Islamic Legal Studies as a Solution in the Contemporary Era
In the contemporary era, the formulation of public policy faces multifaceted challenges, ranging from socioeconomic inequalities to cultural diversity and environmental sustainability. This paper explores the potential of Islamic legal studies as a framework for devising public policies that address these challenges while aligning with Islamic principles and values. By integrating insights from Islamic jurisprudence, ethics, and governance, this study elucidates how Islamic legal principles can inform the formulation and implementation of public policies that promote justice, equity, and welfare for all segments of society. Through a comprehensive review of relevant literature and case studies, this research examines the role of Islamic legal studies in shaping public policy across various domains, including economics, social welfare, environmental conservation, and governance. It analyzes the compatibility of Islamic legal principles with contemporary policy issues, highlighting areas of convergence and divergence with conventional policy approaches. Furthermore, this paper investigates the mechanisms for incorporating Islamic legal perspectives into the policymaking process, considering the roles of policymakers, scholars, civil society actors, and international institutions. The findings of this study contribute to the discourse on the role of Islamic legal studies in contemporary governance and policy development, offering insights into how Islamic principles can enrich and complement existing policy frameworks. By emphasizing principles of justice, compassion, and stewardship, policies informed by Islamic legal studies have the potential to
Copyright (c) 2023 Rifki Fakihudin (Author) https://creativecommons.org/licenses/by-sa/4.0
Comparative Justice Accountability of Samen Leven Actors in Indonesia and Malaysia
The phenomenon of samen leven, or cohabitation, challenges traditional religious and cultural norms in Indonesian society, yet it has become increasingly prevalent in contemporary times, particularly in Indonesia and Malaysia. This trend suggests a shifting landscape where moral and religious values are undergoing transformation. This article delves into the regulatory frameworks surrounding cohabitation, examining provisions within both current and proposed Criminal Codes, and explores the ensuing debates and controversies. Additionally, it scrutinizes the legal, religious, and social perspectives on cohabitation, along with the associated sanctions. The primary objective of this paper is to comprehensively understand the legal stance on cohabitation and explore measures to address the issue of samen leven in Indonesia, achieved through a comparative analysis of legal systems between Malaysia and Indonesia. The research employs a combination of literature review and normative juridical methods, relying on primary sources such as the Criminal Code, Marriage Law No. 1 of 1974, and Malaysia's 1984 Islamic Family Law pertaining to marriage and divorce. Secondary sources encompass a wide array of legal publications, including textbooks, legal dictionaries, journals, articles, and case commentaries. By critically examining the legal frameworks and social contexts surrounding cohabitation, this study aims to provide insights into the divergent approaches adopted by Malaysia and Indonesia. Such insights are pivotal for developing effective strategies and policies to address the challenges posed by cohabitation while navigating the complexities of religious, cultural, and legal landscapes in both countries.
Copyright (c) 2023 Atha Difa Saputri, Ricky Julianto (Author) https://creativecommons.org/licenses/by-sa/4.0
Ownership Status of Implementation of Assets in Mixed Marriages
The division of assets is often the main problem in divorce cases. It's like a treasure trove that becomes a problem for both parties. This article discusses the status of ownership of fixed objects on the division of assets in mixed marriages. By using research that is qualitative in nature and sourced from the law as a primary source and research results as a secondary source of law. The author describes the findings and discussion in this article. Which marriage can also result in the complete absence of gono gini property but the husband's property remains the husband's property and the wife's property also remains the wife's property. The division of assets by types of fixed objects in arbitrary assets is also one of the main issues that becomes a problem.
Copyright (c) 2023 Bintang Nur Rohman, Vina Durrotul Mukhoyyaroh, Adelia Arnanda Arifin (Author) https://creativecommons.org/licenses/by-sa/4.0
Granting Inheritance to Extramarital Children in the Perspective of Islamic Law
At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.
Copyright (c) 2023 Adlian Aldita Alif Aisyah Ainur Khoyum, Bertha Amilia, Candra Hafidz Ardana (Author) https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of Sharia Tourism in the New Normal Era Through the Implementation of the Halal Tourism Concept in Indonesia
As the global tourism industry navigates through the challenges imposed by the COVID-19 pandemic, the concept of Sharia tourism emerges as a promising avenue for the reconstruction of the tourism sector, particularly in predominantly Muslim countries like Indonesia. This paper explores the potential of implementing the Halal tourism concept as a means to revive and reconstruct Sharia tourism in Indonesia amidst the new normal era. By examining the principles and practices of Halal tourism and analyzing its compatibility with the prevailing socio-cultural and economic landscape of Indonesia, this study aims to offer insights into how Sharia tourism can adapt and thrive in the post-pandemic world. Through a comprehensive review of existing literature, this paper evaluates the feasibility and effectiveness of Halal tourism in Indonesia, considering factors such as infrastructure, policy frameworks, market demand, and stakeholder collaborations. Additionally, it discusses the implications of Halal tourism for economic development, social cohesion, and sustainable tourism practices in Indonesia. The findings of this study contribute to the discourse on the reconstruction of Sharia tourism in the new normal era, providing recommendations for policymakers, industry stakeholders, and community leaders to harness the potential of Halal tourism for inclusive and resilient tourism development in Indonesia.
Copyright (c) 2023 Rizqiya Lailatul Izza, Adelia Arnanda Arifin, Ulifah Anggarini (Author) https://creativecommons.org/licenses/by-sa/4.0
Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia
The distribution of joint assets following divorce is a significant aspect of family law, particularly within the framework of Islamic law in Indonesia. This paper explores the discourse surrounding post-divorce asset distribution from an Islamic legal perspective, shedding light on the principles, practices, and challenges within the Indonesian context. Grounded in Islamic jurisprudence, the analysis delves into the principles governing asset distribution, including considerations of fairness, equity, and the well-being of family members. It examines the Quranic injunctions and Prophetic traditions that guide asset division, as well as the interpretations and applications of Islamic law by legal scholars and judicial authorities in Indonesia. Moreover, the paper scrutinizes the contemporary legal landscape and societal norms influencing post-divorce asset distribution in Indonesia. It addresses the evolving nature of family structures, economic dynamics, and gender roles, and their impact on asset division practices within Islamic law. Through a multidisciplinary approach encompassing Islamic studies, family law, and socio-legal analysis, this paper contributes to a deeper understanding of the complexities surrounding post-divorce asset distribution in the Indonesian context. By elucidating the intersection of Islamic legal principles, cultural norms, and modern legal frameworks, it aims to inform legal practitioners, policymakers, and scholars engaged in family law reform efforts and contribute to the promotion of justice and equity in family matters within Islamic societies.
Copyright (c) 2023 Zainurohmah Zainurohmah, Marcelia Puspa Andini, Anisa Vira Damayanti (Author) https://creativecommons.org/licenses/by-sa/4.0
A Discourse of Capital Punishment in the Islamic Law and Human Rights Law
Capital punishment remains a contentious issue at the intersection of Islamic law and human rights law. This paper undertakes a comprehensive examination of the discourse surrounding capital punishment within these two legal frameworks. Islamic law, rooted in the Quran and Sunnah, provides guidance on criminal justice, including provisions for the death penalty in certain cases. Human rights law, on the other hand, emphasizes the protection of individuals' inherent dignity and right to life, often challenging the legitimacy of capital punishment. Through a comparative analysis, this paper explores the philosophical, theological, and legal underpinnings of capital punishment in Islamic law and human rights law. It delves into the historical evolution of capital punishment in Islamic jurisprudence and examines contemporary interpretations and applications of hudud punishments. Additionally, it scrutinizes international human rights instruments and jurisprudence, evaluating the compatibility of capital punishment with principles of human dignity and the right to life. Furthermore, this paper examines the practical implications of capital punishment within Islamic legal systems and its interaction with human rights norms. It considers case studies and legal precedents from various jurisdictions to illustrate the complexities and challenges inherent in reconciling Islamic legal principles with international human rights standards regarding capital punishment. By engaging in this discourse, the paper aims to foster a nuanced understanding of the tensions and harmonies between Islamic law and human rights law concerning capital punishment. It contributes to scholarly dialogue on the intersection of religion, law, and human rights.
Copyright (c) 2023 Muhammad Eko Saputro, Andhika Febriansyah, Faradisya Diandra Putri (Author) https://creativecommons.org/licenses/by-sa/4.0
A Comparative Study of Blasphemy Law in Indonesia and America: Religious and Legal Aspects
Blasphemy laws serve as contentious intersections of religious belief and legal governance, reflecting the complex relationship between state authority and individual freedoms. This comparative study explores the dynamics of blasphemy laws in two diverse contexts: Indonesia and the United States. Indonesia, as the world's most populous Muslim-majority nation, exemplifies a predominantly Islamic legal framework, while the United States, renowned for its constitutional protections of free speech, offers a contrasting perspective rooted in secular principles. Drawing upon religious, cultural, and legal dimensions, this research scrutinizes the origins, evolution, and enforcement of blasphemy laws in both countries. It examines the socio-political contexts that shape interpretations of blasphemy, exploring the role of religion in public discourse and legal jurisprudence. Furthermore, it delves into case studies and landmark legal rulings to discern the practical implications of blasphemy laws on religious minorities, freedom of expression, and societal cohesion. By juxtaposing these two distinct legal landscapes, this study aims to illuminate the complexities inherent in navigating religious sensitivities within legal frameworks, as well as the broader implications for human rights and democratic governance. Through an interdisciplinary approach, it seeks to foster a nuanced understanding of the multifaceted interactions between religion, law, and society, thereby contributing to scholarly discourse and policy dialogue on issues of religious freedom and legal pluralism in an increasingly interconnected world.
Copyright (c) 2023 Febrianti Dwi Puspaningrum, Christoper Theovino Adhi, Adrianus Sandy Darmawan Satrio (Author) https://creativecommons.org/licenses/by-sa/4.0
A Pseudo Freedom for Faith: A Discourse of Religious Freedom in Russia and Indonesia
This paper explores the complex landscape of religious freedom in Russia and Indonesia, despite constitutional guarantees in both nations. In Russia, historical legacies and state control have led to restrictions on religious pluralism, particularly affecting minority faiths and dissenting voices. The Orthodox Church's influence and government policies often contradict formal protections, creating a paradoxical environment. Similarly, in Indonesia, despite its religious diversity, state regulations, societal norms, and religious identity intersect to challenge genuine religious freedom. Discrimination and persecution against religious minorities persist amidst political interests and cultural tensions. This discourse analyzes the underlying factors contributing to this paradoxical situation, emphasizing historical contexts, political dynamics, and socio-cultural complexities. It underscores the need for nuanced approaches beyond legal frameworks to address deeper societal attitudes and power structures. By reflecting on these cases, this discourse prompts broader discussions on global religious freedom, advocating for genuine respect for religious diversity as a fundamental aspect of democracy and human rights. Understanding the complexities in Russia and Indonesia illuminates the challenges and opportunities for advancing religious freedom globally.
Copyright (c) 2022 Jeremy Zefanya Yaka Arvante, Maulana Fuad Nugraha, Ridwan Arifin (Author) https://creativecommons.org/licenses/by-sa/4.0
The Challenges of Religious Harmony and Tolerance in Developing Countries
This study aims to analyze how the challenges of religious harmony and tolerance in Indonesia are in the social and legal aspects. This study uses a literature study approach by comparing several legal regulations and previous research related to secondary data. This study found that religious harmony is a state of inter-religious relations based on tolerance, mutual understanding, mutual respect, respect for equality in the practice of their religious teachings and cooperation in social, national and state life within the Republic of Indonesia based on Pancasila and the 1945 Constitution of Indonesia. The right to religion (to embrace and practice worship) guaranteed by the Constitution and other laws is not a right that can be exercised at will. This means that there are certain signs or conditions so that the exercise of that right does not interfere with the rights of other people, the security and order of the community, the state and the nation; in other words, there are restrictions that must be considered by residents. This limitation is in Article 28J paragraph (2) of the 1945 Constitution in conjunction with Article 73 of the Human Rights Law. Article 28J paragraph (2) stipulates that in exercising their rights and freedoms, everyone is obliged to comply with the restrictions determined by law with the sole purpose of guaranteeing recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society.
Copyright (c) 2022 Anggun Putri Indah Sari (Author) https://creativecommons.org/licenses/by-sa/4.0
Restrictions and Prohibition of the Use of Hijab on Company Employees: A Human Rights Analysis
The prohibition of headscarves in companies has sparked contentious debates surrounding human rights. This study delves into this issue, aiming to scrutinize the prohibition of headscarves in the context of human rights by conducting a comprehensive analysis and comparison of pertinent laws and regulations. It is evident that despite varying perspectives on human rights across different countries, there exists a fundamental entitlement shared by all individuals—the natural rights inherent to humanity. Chief among these natural rights is the right to freedom of religion. In Indonesia, the right to freedom of religion is enshrined in the 1945 Constitution, articulated in Article 28E(1), Article 28E(2), and Article 29(2). Moreover, within the realm of labor relations, Law No. 13 of 2003 concerning Manpower explicitly safeguards against discrimination based on religious attire in the workplace, affirming every worker's entitlement to equal treatment without bias from employers. Furthermore, various regulations promulgated by the United Nations underscore the universality of religious freedom, including the Charter of the Declaration of Human Rights, the 1948 Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). These international frameworks collectively emphasize the imperative of upholding religious freedom for all individuals worldwide.
Copyright (c) 2022 Layina Shaiza, Nur Shivana (Author) https://creativecommons.org/licenses/by-sa/4.0
Pros and Cons of Removing the Religion Column in Indonesian Identity Cards (Analysis of the Impact and Regulation on Human Rights)
The removal of the religious column from the national identity card has sparked considerable debate, with proponents and opponents expressing divergent viewpoints. On one hand, the move is seen as a step towards inclusivity, as many belief systems find it challenging to fit within the confines of the religious classification. Conversely, critics argue that replacing religion with belief may still introduce bias and fail to fully protect diverse belief systems. This study aims to analyze the implications of removing the religion identity from the national identity card, employing a literature review and comparative analysis of relevant laws and regulations pertaining to freedom of religion and belief in both national and international legal frameworks. Initial motivations for eliminating the religion column were rooted in the desire to accommodate adherents of various belief systems, eventually evolving into broader discussions about removing the column altogether for all religious communities in Indonesia. Following Constitutional Court Decision No. 97/PUU-XIV/2016, individuals professing a belief system were granted the option to specify their beliefs on their identity cards. This decision marked a significant milestone, reflecting the government's commitment to ensuring equal rights for all Indonesian citizens, irrespective of their religious or belief affiliations. Moreover, legal guarantees for freedom of religion and belief are enshrined in Article 28 E and 29(2) of the 1945 Constitution, as well as in national legislation such as the Law on Human Rights and international agreements like the International Covenant on Civil and Political Rights (ICCPR).
Copyright (c) 2022 Bagus Edi Prayogo (Author) https://creativecommons.org/licenses/by-sa/4.0
Protection of Indigenous Peoples (Local Beliefs) in the Context of Human Rights in Indonesia
Copyright (c) 2022 Naufal Khaidar, Maulana Adi Nugraha (Author) https://creativecommons.org/licenses/by-sa/4.0
Participation of Judicial Decisions as The Form of The Implementation of Moral Values in Case Statement Based on Rechtvinding Activities and Negative Wetjlike Theorie
The judge is the spearhead as well as the parameter of justice test conducted by the justice seekers. One of them through decisions issued by the judge, many things that need to be considered and considered by the judge in deciding a case, especially because the justice is universal and the science of law which is a science that is multidisciplinary means not monotonous or only limited to eyeglasses or juridical point of view only but need to pay attention to other values ​​that live, grow, and develop in society both written and written. Article 16 and 28 of Law Number 4 Year 2004 as already amended into Law mandates that judges are prohibited from refusing cases that enter the Court under the pretext that the law does not regulate, it is unclear but is obliged to examine and decide upon the case. Then in article 28 explained that the judge must dig the values ​​that exist in society. This is to ensure a sense of justice for the community because the law is not what is contained in the law alone but also pay attention to other laws that are Living Law and Unwritten Law in the form of habits that exist in society, customs, or traditions is still acknowledged and lives, grows, and develops with the community based on the mandate of Pancasila and the Constitution of the Republic of Indonesia which is accommodated in Article 18 B Paragraph (2) that "the state recognizes and respects the unity of society as long as it exists within the community" in its legal considerations shall explore and include these values ​​for the implementation of social justice for all Indonesian people. So, the judge's conviction in deciding a case also greatly affects the content of the decision so as not to negate the existing morality as a unity of values ​​that live and grow in society. HLA Hart acknowledges that law and morals have a very close relationship, even Hart reveals that between law, justice and morality has a very close relationship, even one of the aspects of justice, namely administrative justice, in the law of the minimum nature of law and morality.
Copyright (c) 2022 Ikhda Zikra, Cuong Lan Minh (Author) https://creativecommons.org/licenses/by-sa/4.0
Analysis Protection of the Right to Freedom of Religion in Prohibition of Worship at Al Aqsa Mosque by Israeli Police to Palestinians: Insight from Indonesia
This study conducts an analysis of the protection of the right to freedom of religion amidst the prohibition of worship at the Al Aqsa Mosque by Israeli police targeting Palestinians. Amidst ongoing tensions in the region, particularly in Jerusalem, this research scrutinizes the legal frameworks and human rights implications surrounding the restrictions imposed on worship activities at one of Islam's holiest sites. Utilizing qualitative research methods, including legal analysis and examination of relevant international human rights instruments, this study aims to elucidate the complexities and challenges faced by Palestinians in exercising their religious freedoms. Through an exploration of primary and secondary data sources, including reports, legal documents, and testimonies, this research seeks to shed light on the socio-political context and legal justifications underpinning the actions of the Israeli authorities. Ultimately, this study contributes to the broader discourse on religious freedom and human rights violations in conflict-affected areas, highlighting the urgent need for international attention and intervention to safeguard the rights of Palestinians to worship freely at the Al Aqsa Mosque.
Copyright (c) 2022 Yuawanda Tri Maryoga, Ibrahimi Yahya el Fasha (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Tolerance and Freedom Among Religious People in Indonesia
Legal protection for tolerance and freedom among religious individuals in Indonesia is intricately linked to the country's foundational principles, particularly Pancasila, which emphasizes the divinity of the Almighty. Despite Indonesia's secular stance, it recognizes its religious identity, guaranteeing the rights of adherents of all faiths to practice their beliefs without discrimination or harm. This commitment to religious freedom is enshrined in the 1945 Constitution of the Republic of Indonesia, specifically in Articles 28E, 28J, and Article 29. These constitutional provisions serve as the cornerstone for safeguarding the rights of religious minorities and ensuring their legal protection within the Indonesian state. Moreover, legal protections extend to mitigate potential conflicts between religious freedom and the rights of others. According to the harm principle proposed by philosopher John Stuart Mill, limitations on religious freedoms are permissible when they impinge upon the rights and freedoms of others. This principle guides the Indonesian legal framework in balancing individual liberties with societal interests, promoting harmony and coexistence among diverse religious communities. Furthermore, the perspective advocated by human rights advocate Asma Jahangir underscores that restrictions on religious freedom primarily apply to the external forum, preserving individuals’ internal beliefs and practices. This nuanced understanding highlights the importance of respecting both individual autonomy and societal harmony within Indonesia's diverse religious landscape.
Copyright (c) 2022 Mar'ie Muhammad Falah Akbar (Author) https://creativecommons.org/licenses/by-sa/4.0
Inter-Religious Marriage: A Controversial Issue in Indonesia
Different religious marriages we often encounter during society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women or otherwise Muslim women married to non-Muslim men. Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This study is intended to analyze the legal basis of inter-religious marriage or mixed marriage in Indonesia. This study highlighted and found that inter-religious marriage is become complicate problem when trying to determine some basic rights, including the property, child, and the others.
Copyright (c) 2022 Dani Setiawan (Author) https://creativecommons.org/licenses/by-sa/4.0