Contemporary Issues on Interfaith Law and Society

Religious Reform: Parallels between the European Reformation and Contemporary Challenges in Muslim-Majority Societies

Hazem Almassry — Wed, 31 Jan 2024 00:00:00 +0700

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.

Rights of Children from Interfaith Marriages: Child Registration Case in Semarang, Indonesia

Ruth Elita, Fathiyyah Layla, Chelsy Naristya, Zulfhan Akbar, Miftahul Jannah — Wed, 31 Jan 2024 00:00:00 +0700

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.

Integrating Islamic Laws into Indonesian Data Protection Laws: An Analysis of Regulatory Landscape and Ethical Considerations

Tegar Islami Putra, Akbar Jihadul Islam, Abdullah Mufti Abdul Rahman — Wed, 31 Jan 2024 00:00:00 +0700

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.

A Discourse of Marriage Principles in a Multicultural Society in Indonesia: Mono and Polygamous Practices

Endriyani Lestari, Abdul Malik Hasyim El Rahman, Abdul Kareem Zuhud — Wed, 31 Jan 2024 00:00:00 +0700

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.

The Vital Role of Legal Education in Societal Transformation: Fostering Legal Awareness and Social Justice

Satrio Alpen Pradanna, Hendri Irawan — Wed, 31 Jan 2024 00:00:00 +0700

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

Ensuring Legal Certainty for Customary Law Communities in Indonesia: Analyzing the Ratification Process of the Customary Law Communities Bill

Zainurohmah Zainurohmah, Salim Noer Mahmudi, Jihan Alfarisi — Wed, 31 Jan 2024 00:00:00 +0700

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.