{"title":"ISLAM AND STATE’S LEGAL PLURALISM","authors":"Fachrizal Afandi, Ladito Risang Bagaskoro","doi":"10.21274/epis.2024.19.01.1-26","DOIUrl":"https://doi.org/10.21274/epis.2024.19.01.1-26","url":null,"abstract":"The article seeks to investigate the intersection of local-based religion legal system and state’s legal system. It focuses on the constitutional debates on the position and the status of Aceh Qanun Jinayat within the Indonesian legal system and how the Indonesian Supreme Court the Islamic penal law based on Aceh’s Qanun in their decisions. Using the legal research approach, this article begins with the background of the Qanun Jinayat implementation in Aceh, then discusses the constitutional debates on the position of the Qanun in the Indonesian legal system and ends with analyses of Supreme Court decisions on the application of the Qanun Jinayat in criminal cases in Aceh. This article argue that Aceh’s Qanun is similar to the other provincial regulation within the Indonesian legal system, which has limited areas to regulate the punishment in criminal cases. However, the paper found that although the Indonesian legal system forbids Aceh’s Qanun holds the penalty more severe than the National criminal law, the Supreme Court seems to accept these practices and use them in their decisions in Aceh’s criminal cases.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"61 49","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141346805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"RELIGION AND POLITICAL ECONOMY","authors":"Muhamad Aqim Adlan","doi":"10.21274/epis.2023.18.02.115-143","DOIUrl":"https://doi.org/10.21274/epis.2023.18.02.115-143","url":null,"abstract":"This article seeks to investigate the integration between political economy and religion offered in the forum Religion of Twenty (R20). The idea of R20 forum by Nahdlatul Ulama (NU) is one of the ideas to unite perceptions between countries and religions. It is based on the phenomenon of the global economy which has begun to be disrupted by conflicts and wars in several countries. Various wars by the superpowers have had implications for disrupting economic stability. Thus, the role of religion in terms of world peace also contributes to the success of global economic stability. In further analysis, this article refers to Ibn Khaldun, Al-Ghazali, Adam Smith, David Ricardo, and John Stuart Mill’s political economy to answer how is the relationship between religion and world peace in economic development? And what role does the R20 forum play in integrating political economy and religion for global economic development? The findings in this article indicate that the sources of political economy in R20 are a means of integrating its patterns in line with the values and essence of religious teachings.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139233639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A GENDER INEQUALITY IN MOSQUE","authors":"Moh Rosyid, Lina Kushidayati","doi":"10.21274/epis.2023.18.1.77-92","DOIUrl":"https://doi.org/10.21274/epis.2023.18.1.77-92","url":null,"abstract":"The mosque is a center of worship and a learning medium for Muslims. As a place of worship, according to the syariah there is no specific classification that mosques can only be dominated by one gender only. However, male dominance over the mosque as a religious public sphere occurred in the Baitussalam Kauman Mosque, Jekulo, Kudus, Central Java, Indonesia from 1923 until now. Therefore, this article seeks to analyze the factors of discrimination against females in using the mosque as a place of worship and other religious activities. Using an ethnographic approach, this article argues that discrimination against females has occurred since 1923. This happened at the same time as the establishment of the Pesantren Al-Qaumaniyah Islamic (only for male santri) and was followed by other pesantren around the mosque. The gender inequality discrimination argument relies on an unwritten rule that ideally females only pray in congregation at home. Furthermore, it is as if females are positioned as “trouble makers” because they are seen as disturbing the male congregation who are focusing on memorizing the al-Qur’an at the Baitussalam Mosque. This stereotype and discriminatory regulation is still perpetuated today under the pretext of respecting the old rules of the founders.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126753233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KHILAFAH STATE VERSUS NATION-STATE","authors":"Basri Basri, M. Takdir","doi":"10.21274/epis.2023.18.1.51-76","DOIUrl":"https://doi.org/10.21274/epis.2023.18.1.51-76","url":null,"abstract":"This article aims to discuss the discourses and debates on Khilafah system in Muslim countries and how it transforms into a nation-state system, specifically in Indonesia. These dicourses and debates include the contestation and trends in the connection between Islam as a religion and Indonesia as a nation-state, which reemerged after the ban of Hizbut Tahrir Indonesia (HTI) in 2017 and The Front of Islamic Defenders (Front Pembela Islam/FPI) in 2020 accordingly under President Jokowi’s administration. This article employs descriptive qualitative analysis to investigate the historical sequences of the discourses and debates on the genealogy, contestation, and relation between the Khilafah system and the nation-state system in Indonesia to uncover the fundamental ideology which underlines the conflicting interests in the debate. It operates the historical-sociological approaches to examine the data collected from books, articles, journals, and newspapers which contain the opinions of the prominent Muslim scholars gearing the dynamic discourses and debates on the nation-state system and Khilafah system. This article, therefore, attempts to demonstrate how Khilafah system idea emerged after the death of the prophet Muhammad and how this idea was contested by Muslim scholars and leaders today. This article suggests that in the struggle of ideology, thought, and movement inside the Muslim countries including Indonesia, the Khilafah system and the system of nation-state came into conflict. Further, the two forms of engagement between Islam and the nation-state are driven by nationalism.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126652312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE MAKING OF SINGLE PARENT RESILIENCE IN POST-COVID-19 PANDEMIC IN INDONESIA","authors":"A. Anshor","doi":"10.21274/epis.2023.18.1.27-49","DOIUrl":"https://doi.org/10.21274/epis.2023.18.1.27-49","url":null,"abstract":"This article discusses the changing role of women in the family household to take full control and responsibility as a single parent due to the death of their husbands in the post-Covid-19 pandemic in Indonesia. Based on the Covid-19 pandemic data, the death of husbands is so high in East Java that raised new problems in the family household when a wife must switch her position to take role as the head of the family as a single parent. This article strives to answer the questions of what roles do the women play as the head of the household due to the death of their husbands? How are these roles perceived based on Maqashid Al-Syari’ah, a contemporary Islamic law? These questions aim to understand the transformation of roles between husband and wife in Javanese Muslim family households to portray the gender equality and the construction of the family resilience. The data of this study are collecter through ethnographic fieldwork with participatory observation and in-depth interviews to several married women in eastern parts of Java. This article suggests that mainstreaming the method of Islamic law, Maqashid Al-Syari’ah to build the resilience of single-parent families in East Java is realized by the awareness of single-parent women in meeting the family needs. This awareness is employed through various practices by women in East Java who cover all domestic and public activities for the benefit of the family.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121575600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"HUMOUR AS A COUNTER ISLAMIST DISCOURSE","authors":"Khalimatu Nisa","doi":"10.21274/epis.2023.18.1.1-25","DOIUrl":"https://doi.org/10.21274/epis.2023.18.1.1-25","url":null,"abstract":"This article addresses counter-Islamist discourses by NU Garis Lucu (NU’s Funny Brigade) through its social media accounts. Instead of a clear-cut theological debates, NU Garis Lucu offers humour as method to counter attack Islamit’s arguments through its social-media activism. Using a discourse analysis approach, this article examines tweets of the NU Garis Lucu’s during the course of 2015-2020. It further reveals the account strategies to counter attack Islamist’s discourse which include questioning the legitimacy of the religious authority of Islamist groups, promoting religious moderation, supporting democracy as an ideal political system, promoting ‘smiling’ Islam, and putting to an end religious polarization. \u0000 ","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132745919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"WHO ARE THE BREADWINNERS?","authors":"T. D. Wirastri, S. V. van Huis","doi":"10.4324/9781315002989-8","DOIUrl":"https://doi.org/10.4324/9781315002989-8","url":null,"abstract":"Polygamy is a highly controversial topic and the object of serious political contestation in Indonesia. Although all major Muslim organizations consider polygamy is allowed under Islamic Law, the practice is not without stigma. In 1974 when Indonesia adopted its current Marriage Law, the Indonesian parliament decided to tie polygamy to strict conditions. This law however failed to prevent the practice of unregistered polygamous marriages. Women in unregistered polygamous marriages formally hold no rights as lawful wife in case of a divorce or death of the husband. The question is what arrangements the second, third or fourth wife in unregistered polygamous marriages have made with their husband in view of the lack of legal recognition of their rights as wife. What are the consequences of non-recognition of their marriage for these women? Does legal insecurity in practice also mean economic and social insecurity? Does the husband fulfill his obligations and responsibilities towards his wives and their families? This article aims at answering those questions by looking in-depth at a selection of three case studies, which were collected during a total of nine months of research in Jakarta in 2015 and 2016. This article is part of the socio-legal domain, combining legal analysis with anthropological approaches. The starting point of the research is a legal one: the disadvantaged legal position of women whose polygamous marriage has not been registered, but a large part of the research is based on anthropological methods. Through the experiences of these women, the paper reveals a range of personal reasons and underlying causes for unregistered Islamic polygamous marriages as well as their consequences–including legal ones. The paper depicts a great diversity in the ways husbands and wives view and organize their responsibilities within their polygamous households.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115830321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TRANSFORMING SUFISM INTO DIGITAL MEDIA","authors":"Ziaulhaq Hidayat","doi":"10.21274/epis.2022.17.2.197-223","DOIUrl":"https://doi.org/10.21274/epis.2022.17.2.197-223","url":null,"abstract":"This article seeks to examine the rise of tarekat (Sufi order) in the context of the digital public sphere with a special attention to the Eshaykh website. As this article argues, the Eshaykh website represents an adaptation of conventional groups of tarekat combined with information technology. However, this digital adoption raises a new problem, especially related to the differences in terms of access between digital tarekat and conventional tarekat. This article—using a virtual ethnographic approach—focuses on the Eshaykh website by the Tarekat Naqsyabandiyah Haqqaniyah (TNH) as the primary source. The website provides all information about the tarekat, both the doctrine and the wirid, which are presented online. There is also an element of the simplification of orthodoxy which has so far been strictly guarded by conventional tarekat, but the rise of the Eshaykh website in the digital public sphere is offering tarekat practices that are easily accessible and reach all levels of society.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128287390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"CONTESTATION AND REPRESENTATION","authors":"Jajang Jahroni, Andi M. Faisal Bakti","doi":"10.21274/epis.2022.17.2.167-196","DOIUrl":"https://doi.org/10.21274/epis.2022.17.2.167-196","url":null,"abstract":"This article seeks to elaborate the roles of some Muslim scholars and activists who, thanks to the advancement of internet technology, have shaped new forms of religious life in Indonesia. Using social media platforms such as YouTube, Instagram, Facebook, and Twitter, they advocate their ideas and attract followers from Muslim groups. These Muslims are divided into four ideologies, namely conservative, moderate, liberal and traditionalist. As this article argues, thanks to their online activism, they successfully shape a new religious authority replacing the old model. Nevertheless, as this article also suggests, religious activism on online media outlets does not lead to the pluralism of religious views and understandings. In contrast, this activism creates the so called echo chamber or isolated bubbles, which means that the activists’ voices are only observed by their limited followers. Taking the activism of most popular conservative activists Felix Siauw, it sees that his view reverberates only among his social media followers and fails to attract those who embrace other views orideologies. The followers of the moderate, the liberal, and the traditionalist on the other hand tend to be heterogenous creating a noisy minority. This leads to the vibrant and robust religious discourses.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114555738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"RELIGIOUS MODERATION IN AN EASTERN JAVANESE TOWN","authors":"Syaifudin Zuhri","doi":"10.21274/epis.2022.17.2.143-166","DOIUrl":"https://doi.org/10.21274/epis.2022.17.2.143-166","url":null,"abstract":"This article is a result of a massive survey conducted in Tulungagung, a south-eastern Javanese middle town in the early 2022. The survey involves 2569 data collectors that successfully, following a series of data cleansing, reported refined 7140 data survey. The article is a descriptive analytic which shows the views of respondents of the survey. They are leaders in many Javanese villages in the city which include religious leaders (RL), leaders of community (LC), and young leaders (YL). The survey addresses four important issues that have been officially recognised as the official four pillars of religious moderation (moderasi beragama), namely commitment for Indonesian nationalism, tolerance, anti-violence, acceptance to local cultures. The survey finds that there has been no worrying indicator threatening the four pillars of moderasi beragama and argues that a challenge for religious pluralism in contemporary Java lies at the coexistence between groups within the same religion. It also suggests that “moderating the moderate” has been a key challenge for the state’s initiative of moderasi beragama, otherwise the project becomes obsolete.","PeriodicalId":108354,"journal":{"name":"Epistemé: Jurnal Pengembangan Ilmu Keislaman","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125574581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}