MazahibPub Date : 2023-12-28DOI: 10.21093/mj.v22i2.5862
Nur Hazirah Zainal Abidin, Zaini Nasohah
{"title":"The Complexities of Implementing Gazetted Fatwas in Malaysia's Federal Territories","authors":"Nur Hazirah Zainal Abidin, Zaini Nasohah","doi":"10.21093/mj.v22i2.5862","DOIUrl":"https://doi.org/10.21093/mj.v22i2.5862","url":null,"abstract":"In Malaysia, non-compliance with a fatwa constitutes a breach under Shariah criminal jurisprudence. In such violations, it is imperative to undertake appropriate enforcement measures to address and mitigate the issue effectively. However, the implementation of enforcement has many challenges. One of the main challenges in enforcing a Shariah criminal offense is to meet the elements of proof for each offense committed. This article aimed to discuss some of the challenges regarding the enforcement of fatwas in the Federal State Territory. This research adopts a qualitative methodology, employing document analysis as a primary tool for data collection. Additionally, the study utilizes interviews to gather insights about the challenges encountered in enforcing fatwas within the community. The collected data is subsequently subjected to descriptive analysis for a comprehensive understanding. The results of the study found that among the main challenges faced by the Enforcement Division of the Federal Territory Islamic Religious Department (JAWI) are the weakness in fulfilling the elements of proving the wrongdoing of the fatwa, lack of specific expertise in matters related to investigation and intelligence as well as a lack of enforcement officers. This situation significantly influences the enforcement department's capacity to implement fatwa compliance measures within this state effectively.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"17 s2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139150026","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}
MazahibPub Date : 2023-12-17DOI: 10.21093/mj.v22i2.5517
Z. Azwar, Hamidun Majid, Firdaus Firdaus, Z. Zulfan, Arlis Arlis
{"title":"Dynamics Encounter of Tradition and Religion in the Wedding Parade (Baarak Bako) in Solok City West Sumatra","authors":"Z. Azwar, Hamidun Majid, Firdaus Firdaus, Z. Zulfan, Arlis Arlis","doi":"10.21093/mj.v22i2.5517","DOIUrl":"https://doi.org/10.21093/mj.v22i2.5517","url":null,"abstract":"Islamic Sharia stipulates that marriages must be announced to the public. One method of the announcement is through walīmat al-‘urs, translated differently in different Muslim communities. In the city of Solok, West Sumatra, one of the forms of walīmat al-‘urs is the baarak bako tradition (a wedding parade around the village). Baarak bako's implementation frequently clashes with obligatory prayer times in Islam, causing many participants to leave the prayer. This research aims to examine the background of the baarak bako tradition, the reasons for deciding the time to perform baarak bako, and the effects of baarak bako on prayer services. Using a qualitative method, this article revealed that the origin of baarak bako was the desire of the bako (father's female family) to show their presence by enlivening anak pisang's (the children of a brother) wedding. According to the custom, the best time to announce a marriage is in the afternoon because people are already at home and have finished their activities outside the home; the implementation of baarak bako resulted in some participants failing to perform the obligatory prayers. The neglected prayers are carried out in jama' (merging two prayers). Others, on the other hand, leave the prayer without jama'. The people of Solok City are very rigorous about following customary rules. When religious law and customary law rules conflict, some people prefer customary rules over religious rules and vice versa. These findings show the dynamic relationship between religion and customs in the Minangkabau ethnic group, West Sumatra. These two norms can coexist and adapt to each other in practice. Keywords: Islamic law, prayers, marriage, tradition, baarak bako.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"24 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139176658","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}
MazahibPub Date : 2023-12-17DOI: 10.21093/mj.v22i2.7046
Muhyar Fanani, Bambang Iswanto
{"title":"Critique on Salafibism and it’s Significance for Indonesian Islamic Moderation: Study on Khaled Abou El-Fadhl’s Thought","authors":"Muhyar Fanani, Bambang Iswanto","doi":"10.21093/mj.v22i2.7046","DOIUrl":"https://doi.org/10.21093/mj.v22i2.7046","url":null,"abstract":"This paper aims to prove the importance of Khaled Abou el-Fadhl's (b. 1963) critique on Salafibism for mainstreaming Islamic moderation in contemporary Indonesia. This research examines Khaled's critique using the approach of ‘ilm uṣūl al-fiqh, a technique that analyzes the nature, secrets, and purposes of Islamic teachings including its laws. The problem examined in this research is the significance of Khaled's critique on Salafibism for mainstreaming Islamic moderation in contemporary Indonesia. This research concludes that from the perspective of ‘ilm uṣūl al-fiqh, Khaled's critique on Salafibism is crucial for mainstreaming Islamic modernization in present-day Indonesia. The significance of the critique lies in three things: (1). Providing the new awareness and energy for Indonesian Islamic scholars to campaign for moderate Islam and rejects puritanical Islam, especially Salafibism. (2). It provides theoretical guidance for the Islamic moderation movement in Indonesia, especially the importance of the balance between literalism and maqāṣid as well as between text and context in understanding the holy book. (3). Creating the practical guidance for the Islamic moderation movement in Indonesia to counter extremism. This research indicates that adopting a moderate approach to Islam holds significant promise for achieving local, national, and global religious harmony. In contrast, the puritanical approach, which hinders such concord, should be abandoned. Keywords: Critique, puritanism, salafibism, Islamic moderation, contemporary Indonesia","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"419 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139176520","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}
MazahibPub Date : 2023-12-17DOI: 10.21093/mj.v22i2.7010
Atmo Prawiro, Fathudin Fathudin
{"title":"Challenges in the Halal Industry Ecosystem: Analyzing the Halal Certification Process for Micro, Small, and Medium Enterprises in Lombok, West Nusa Tenggara","authors":"Atmo Prawiro, Fathudin Fathudin","doi":"10.21093/mj.v22i2.7010","DOIUrl":"https://doi.org/10.21093/mj.v22i2.7010","url":null,"abstract":"This article examines the challanges of the halal industrial ecosystem by studying halal certification for MSME (Micro, Small, and Medium Enterprises) in Lombok. Halal certification has a good impact on small and medium businesses in Indonesia. Although previous research indicates that the proportion of halal-certified micro, small, and medium enterprises (MSMEs) in Lombok is still under 20%, this figure is steadily increasing, allowing for open competition. This article employs a qualitative methodology with a socio-legal economic analysis approach. Data were gathered through interviews with MSME business owners, Muslim consumers, and halal policy makers in Lombok. The findings reveal that halal certification plays a crucial role in enhancing MSME operations and promoting the development of halal tourism in Lombok. However, the complexity of halal certification requirements and the obstacles MSME faces in Lombok must be ruled out effectively. By increasing knowledge, understanding, and awareness of MSME actors regarding halal certification rules and improving administrative processes related to halal certification, MSME in Lombok will better utilize the market potential for halal products. Keywords: Halal industry, halal certification, MSME, impact of certification","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"155 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139176597","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":"Towards the Empowerment of Waqf Based on Community Needs in the Mentawai Islands West Sumatra: The Case of the Al-Qur'an Wakaf Board","authors":"Tiswarni Tiswarni, Rahmat Hidayat, Aidil Novia, J. Jayusman, Sutrisno Hadi, Alfadhli Alfadhli","doi":"10.21093/mj.v22i2.5908","DOIUrl":"https://doi.org/10.21093/mj.v22i2.5908","url":null,"abstract":"This article explains the utilization of Al-Qur'an and Development Waqf (WAP waqf) and clean water waqf through the Al-Qur'an Waqf Board in the Mentawai Islands, which is based on the basic needs of the community in the religious and social fields. This waqf was motivated by the backwardness of the people in the Mentawai Islands from a religious and social perspective, which prompted the Al-Qur'an Waqf Board to allocate waqf programs there. Research data was collected through in-depth interviews and documentation. It was then analyzed descriptively and qualitatively. The research findings show that the Al-Qur'an Waqf Board allocates Al-Qur'an accompanied by guidance to the Mentawai Muslim community as waqf. The utilization form of WAP waqf for Mentawai Islands people provides broad access to studying and understanding the Al-Qur'an, coaching daily worship, coaching and mentoring new converts to Islam, and coaching preachers before preaching to the community. The utilization of the water waqf is in the form of building clean water facilities in mosques and near residential areas, accompanied by religious and sanitation development for the communities receiving the waqf benefits. These findings can have implications for the importance of understanding the main problems of society so that the utilization of waqf can be more diverse and provide maximum benefits. The utilization of waqf must address the basic needs of society so that it can solve problems that develop in society while still relying on sharia.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"58 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139181696","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}
MazahibPub Date : 2023-12-07DOI: 10.21093/mj.v22i2.5418
Lukman Santoso, Soleh Hasan Wahid
{"title":"Utilitarianism in Halal Tourism Development in Indonesia","authors":"Lukman Santoso, Soleh Hasan Wahid","doi":"10.21093/mj.v22i2.5418","DOIUrl":"https://doi.org/10.21093/mj.v22i2.5418","url":null,"abstract":"Halal tourism is one of the fastest-growing areas in the world economy. As a Muslim-majority country, Indonesia has the potential to promote halal tourism. However, there are still many problems in the development of halal tourism to realize sustainable benefits and the welfare of the people. This study aims to explore the development of halal tourism in Indonesia from a helpful philosophical perspective. By using a qualitative-interpretative approach, this study employed a library research method. This study provides findings that the development of halal tourism in Indonesia has not given the maximum benefit and welfare impact. Therefore, in the future, in formulating tourism development policies, it is essential to prioritize integrative and responsive aspects by involving all stakeholders and aligning them with the sustainable national development framework. The contribution of this study seeks to present regulatory formulations that have a positive impact on many people and rely on rule utilitarianism. Thus, it will give birth to a halal tourism policy that is inclusive, humane, and contextual to national and global dynamics.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"58 3-4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139185375","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}
MazahibPub Date : 2023-12-07DOI: 10.21093/mj.v22i2.6154
Kamaruddin Kamaruddin
{"title":"Widows’ Rights and Customary Law: Addressing Responsive Law to Divorce Cases of Tolaki Community in Indonesia","authors":"Kamaruddin Kamaruddin","doi":"10.21093/mj.v22i2.6154","DOIUrl":"https://doi.org/10.21093/mj.v22i2.6154","url":null,"abstract":"This article discusses the tendency to ignore women's rights in customary law practices in the Tolaki tradition, Southeast Sulawesi, Indonesia. Women often become a victim of deprivation of rights by customary legal tradition, such as ex-wife rights in post-divorce and the right to make choices. This article aims to discuss how widows are protected by custom by offering responsive law as a process for resolving marriage and divorce through customary decisions. Normatively, legal divorce settlements can only be processed through religious court institutions. Using a normative-empirical approach, this study has three significant findings. First, the process of resolving family conflicts involves complying with applicable customary provisions that must be obeyed by the Tolaki community. Second, tradition is not the only basis for consideration in the elements for making customary decisions. Third, responsive law can theoretically direct the lives of the people of the Tolaki traditional community by providing recommendations for considerations that are in accordance with the social structure and community relations related to the application of customary law. However, according to custom, widows who are not resolved before a court hearing can be followed up again to immediately register their case in a religious court in order to minimize neglect of the right to terminate a unilateral divorce and the rights of the widow and children after divorce. Under these conditions, offering responsive law is a strategy to balance rights in divorce cases bound by state legal norms.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"62 1-2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139185359","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}
MazahibPub Date : 2023-12-04DOI: 10.21093/mj.v22i2.7088
Habiburrahman Rizapoor, Mohammad Rashid Rahimi
{"title":"Imam Abu Hanifah: The Vanguard of Moderation in Islamic Jurisprudence and the Global Dissemination of Moderate Islam","authors":"Habiburrahman Rizapoor, Mohammad Rashid Rahimi","doi":"10.21093/mj.v22i2.7088","DOIUrl":"https://doi.org/10.21093/mj.v22i2.7088","url":null,"abstract":"This article examines the role of Imam Abu Hanifah in the spread of moderate Islam. Through an analytical and descriptive research approach, the study investigates whether Imam Abu Hanifah can be considered one of the prominent scholars of Wasatiah Islam and explores the impact of his views on the dissemination of moderate Islamic teachings worldwide. The article assesses the influence of Imam Abu Hanifah’s teachings on the dissemination of moderate Islam across different regions. Based on the findings, this article concludes that Imam Abu Hanifah can indeed be considered a prominent scholar of moderate Islam. His madhab, rooted in moderation and flexibility, has played a significant role in the spread of moderate Islamic teachings worldwide. Imam Abu Hanifah’s emphasis on contextual understanding and his pragmatic approach to Islamic jurisprudence have resonated with diverse communities and contributed to the acceptance and propagation of moderate Islamic values in different parts of the world. This research contributes to the existing body of knowledge on Islamic scholarship by shedding light on the significant role played by Imam Abu Hanifah in the dissemination of moderate Islam. It underscores the importance of balanced interpretations and contextual understanding in promoting a moderate and inclusive understanding of Islamic teachings. Keywords: Imam Abu Hanifah, Al-Islam Al-Wasatiyyah, Al-Madhhab Al-Hanafi, Al-Islam Al-Mu'tadil","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"71 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139187053","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}
MazahibPub Date : 2023-06-27DOI: 10.21093/mj.v22i1.6317
A. Prianto, Sunyoto Usman, Aqmal Reza Amri, Achmad Nurmandi, Zuly Qodir, H. Jubba, Goran Ilik
{"title":"Faith-Based Organizations’ Humanitarian Work from the Disaster Risk Governance Perspective: Lessons from Covid-19 Pandemic in Indonesia","authors":"A. Prianto, Sunyoto Usman, Aqmal Reza Amri, Achmad Nurmandi, Zuly Qodir, H. Jubba, Goran Ilik","doi":"10.21093/mj.v22i1.6317","DOIUrl":"https://doi.org/10.21093/mj.v22i1.6317","url":null,"abstract":"The Covid-19 pandemic has represented a risk to human life. “What is the role of religion in disaster risk governance” is a critical question for Faith-Based Organizations (FBOs) in times of crisis. As a religious observance form, FBOs must correlate sacred religious doctrines with practical problems of human life and build sustainable actions in disaster governance. This study seeks to examine further the significance of religion-based organizations in the agenda for handling the adverse effects of the Covid-19 pandemic. This paper uses qualitative research methods with NVivo 12 Plus as a data processing tool. The results of this study indicate that in emergency response, recovery, prevention, and preparedness, FBOs in Indonesia are integrated and encourage interfaith collaboration in handling the COVID-19 pandemic. The FBOs demonstrate the ability to collaborate across non-state sectors and play a multidimensional role. Through the sacred doctrine of religion, FBO mobilizes its members to comply with government policies and participate in efforts to mitigate the adverse effects of the covid 19 pandemic. Thus, maslahah, also known as the objectives of sharia, is an essential Islamic law principle that encourages Islamic organizations to engage in disaster risk governance efforts during the Covid 19 pandemic.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42507828","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}
MazahibPub Date : 2023-06-25DOI: 10.21093/mj.v22i1.5477
Darmawati Darmawati, Dian Hardiana, Dedy Mainata, Muhammad Birusman Nuryadin
{"title":"Halal Industry: A literature Bibliometric Review on Halal Studies","authors":"Darmawati Darmawati, Dian Hardiana, Dedy Mainata, Muhammad Birusman Nuryadin","doi":"10.21093/mj.v22i1.5477","DOIUrl":"https://doi.org/10.21093/mj.v22i1.5477","url":null,"abstract":"The halal industry has become the fastest-growing global business and has reached 1.8 billion consumers globally with an estimated value of USD 2.1 trillion and has become the main focus for developing halal recognition processes or regulatory agencies in making the halal industry growth. This study aims to find out the most influential writers and what issues are most explored in the halal industry, the pattern of halal industry research, which countries and their relationship with publications can be used as benchmarks for further research, present findings from the most written articles, and provide direction for further research on the theme of the Halal Industry. This study quantitatively analyzes the literature on the halal industry, represented by 141 English articles from the Scopus database from 2009 to 2022. By using a bibliometric approach plus content analysis. This study found that Malaysia was the most relevant country: The University of Technology MARA is the most relevant institution, International Journal of Supply Chain Management, the Journal of Islamic Marketing, Malaysian Journal of Consumer and Family Economics, and Pertanika Journal of Social Sciences and Humanities. There are three main clusters of research: (1) Halal Business, (2) Halal Industry and Tourism, and (3) Halal Marketing and Certification. \u0000 \u0000 ","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42563510","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}