Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan最新文献

Tengka, identity politics, and the Fiqh of civilization: The authority of Madura’s Kiai in the post-truth era Tengka、身份政治和文明教法：后真相时代马都拉基艾人的权威

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-07-26 DOI: 10.18326/ijtihad.v24i1.139-165

Muhammad Taufiq, J. Syahidah, Muhammad Fauzinudin Faiz, Erie Hariyanto

{"title":"Tengka, identity politics, and the Fiqh of civilization: The authority of Madura’s Kiai in the post-truth era","authors":"Muhammad Taufiq, J. Syahidah, Muhammad Fauzinudin Faiz, Erie Hariyanto","doi":"10.18326/ijtihad.v24i1.139-165","DOIUrl":"https://doi.org/10.18326/ijtihad.v24i1.139-165","url":null,"abstract":"This paper explores the role of tengka, a distinctive moral ethic of Madurese culture, in addressing the escalating identity politics in the post-truth era. It focuses on how religious leaders, known as Kiai, in Pamekasan, Madura, respond to identity politics by applying the concept of Fiqh of civilization as a framework for analysis. The study uses a socio-legal approach to explore three key aspects of the Kiai's role: the shifting dynamics of identity politics among the Kiai, the integration of tengka into their approach to identity politics, and the potential benefits and obstacles in this integration process. The findings reveal that the identity politics of the Madura’s Kiai authorities have experienced substantial evolution in the post-truth era. Despite various challenges faced by tengka in the context of identity politics, it presents substantial opportunities for internalization as a strategy to tackle these issues. This aligns with the Fiqh of civilization, which formulates the anticipation of identity politics in realizing al-mashālih al-'ammah (public interest) and strengthening religious moderation. The academic contribution of this research lies in the Fiqh of civilization, which is the contextualization of Fiqh al-siyāsah in analyzing identity politics, offering a unique perspective on the interaction between traditional moral and ethical values and the challenges of modern society.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":"59 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141799480","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}

引用次数: 0

Local Wisdom in Sebambangan Traditional Marriage Practices: A Maqāṣid Sharī’ah Perspective Sebambangan 传统婚姻习俗中的地方智慧：伊斯兰教法的视角

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-07-26 DOI: 10.18326/ijtihad.v24i1.119-137

Habib Iman, Nurdin Sholeh, Ahmad Zaenul Muttaqin

{"title":"Local Wisdom in Sebambangan Traditional Marriage Practices: A Maqāṣid Sharī’ah Perspective","authors":"Habib Iman, Nurdin Sholeh, Ahmad Zaenul Muttaqin","doi":"10.18326/ijtihad.v24i1.119-137","DOIUrl":"https://doi.org/10.18326/ijtihad.v24i1.119-137","url":null,"abstract":"This research examines the traditional marriage custom of Sebambangan in Lampung. It involves a man abducting the girl he intends to marry without the consent of her family and taking her to his family's residence. This socio-legal research gathered data through interviews with traditional leaders, indigenous community members, and religious figures. Maqāṣid Sharī’ah is used as an analytical tool to address the social problems arising from the practice of Sebambangan marriage. The finding reveals that Lampung culture and Islam have been acculturated into the social system. The traditional marriage system in Lampung can be divided into two types: marriage through a formal proposal process, which is conducted as a grand traditional ceremony (gawei besar) or a simpler traditional ceremony (gawei kecil), and marriage without a formal proposal process, known as kawin larian (elopement), or in Lampung terms, kawin Sebambangan. It is part of the local cultural wealth; however, the series of traditional marriage processes must respect the applicable legal provisions and consider the main purpose of marriage. The Sebambangan marriage tradition, with its various processes, currently lacks the value aspects found in maqāṣid sharī’ah, especially the preferences of hifẓ an-nafs, hifẓ al-‘aql, and hifẓ al-‘irdh. It is hoped that the Sebambangan tradition, as a local cultural and wisdom asset in Lampung, can pay more attention to and consider important aspects of marriage, such as the maslahah (well-being) value, the main purpose of marriage in religion, and the protection of a sense of justice, so that local wisdom can be preserved and does not become a social problem for the community. This research is expected to serve as a reference for stakeholders to evaluate and oversee the practice of cultural preservation in harmony with universal values, such as well-being and justice","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":"21 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141799122","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}

引用次数: 0

The King’s Decree: Integration of Customary Law and Islamic Law in the Clove Lease Agreement 国王的法令：丁香租赁协议中习惯法与伊斯兰法的融合

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-07-23 DOI: 10.18326/ijtihad.v24i1.97-118

M. Ali Rusdi, Syafa'at Anugrah Pradana, Rustam Magun Pikahulan, Faisal Nur Shadiq Shabri, Dirga Achmad

{"title":"The King’s Decree: Integration of Customary Law and Islamic Law in the Clove Lease Agreement","authors":"M. Ali Rusdi, Syafa'at Anugrah Pradana, Rustam Magun Pikahulan, Faisal Nur Shadiq Shabri, Dirga Achmad","doi":"10.18326/ijtihad.v24i1.97-118","DOIUrl":"https://doi.org/10.18326/ijtihad.v24i1.97-118","url":null,"abstract":"This study examines the impact of the king’s decree on creation of legal products in Iha Village, Maluku. In Iha, legal products are primarily in the form of village regulations that serve as the foundation for government activities within each village. However, Iha distinguishes itself by utilising the king’s decree. This research employs an empirical juridical approach with a socio-legal perspective, which involves examining the legal realities within society and comparing them with applicable positive law. The study finds that the community views the king’s decree as customary decision that must be adhered to, thereby granting the king absolute, as in a case of authority in the execution of the clove lease agreements. Unlike the other village, Iha follows a different procedure for conduction clove lease agreements, as determined by the king’s decree. In addition, the king’s order is also used as a guiding principle for the preservation of local culture and environmental sustainability through the application of local laws in social cultural, and environment contexts. This research can assist the government in formulating draft laws and regulations pertaining to customary law.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":"129 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141811442","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}

引用次数: 0

Dynamics of Thought in the Fiqh of Civilization Halaqah at Pesantren Affiliated with Nahdlatul Ulama (NU) in Yogyakarta 日惹伊斯兰教祈祷团（NU）所属 Pesantren 的文明教法哈拉卡的思想动态

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-07-23 DOI: 10.18326/ijtihad.v24i1.71-95

Fathorrahman, A Hashfi Luthfi, Riyanta, Ach Fatayillah Mursyidi

{"title":"Dynamics of Thought in the Fiqh of Civilization Halaqah at Pesantren Affiliated with Nahdlatul Ulama (NU) in Yogyakarta","authors":"Fathorrahman, A Hashfi Luthfi, Riyanta, Ach Fatayillah Mursyidi","doi":"10.18326/ijtihad.v24i1.71-95","DOIUrl":"https://doi.org/10.18326/ijtihad.v24i1.71-95","url":null,"abstract":"This paper explains the dynamics of thought in the Halaqah Fikih Peradaban (Fiqh of Civilization Halaqah, HFP) at pesantren (Islamic boarding school) ideologically affiliated with NU. The spirit of fiqh contextualization developed in the Fiqh of Civilization Halaqah is a key idea of PBNU in initiating civilization fiqh as a new approach to understanding and studying Islamic heritage. This paper elaborates on two aspects. First, why PBNU initiated the Fiqh of Civilization Halaqah and how the dynamics of thought occur within it. Second, how pesantren affiliated with NU discuss one of the main focuses of the Fiqh of Civilization Halaqah related to nationality and statehood. The authors use the theory of Islamic Law Sociology to explain the reciprocal relationship between the socio-religious topics discussed in the Fiqh of Civilization Halaqah and the dynamic and critical way of thinking. This paper uses qualitative research. The primary data was obtained through interviews with several sources and five caretakers who conducted the Fiqh of Civilization Halaqah in five pesantrens. Supporting data was obtained from documents and other news sources that review the Fiqh of Civilization Halaqah. The research results show that the reason for the Fiqh of Civilization Halaqah initiated by PBNU is to create a discourse space for contextualizing progressive fiqh understanding and developing a dynamic way of thinking. Through this approach, fiqh can be used as an inclusive perspective in understanding social change and the development of the times. This study also shows that the theme of nationality and statehood (fiqh siyāsah) discussed in the Fiqh of Civilization Halaqah in five Pondok Pesantren (Islamic boarding school) promotes dynamic and progressive thinking while critiquing fiqh siyāsah studies limited to the khilāfah. This attitude aligns with the spirit of civilization fiqh initiated by PBNU, which emphasizes a dialectical perspective in studying Islamic heritage.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":"11 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141813481","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}

引用次数: 0

Formulating Policies for Halal Tourism in Indonesia Based on Islamic Law 根据伊斯兰法制定印度尼西亚清真旅游政策

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-07-23 DOI: 10.18326/ijtihad.v24i1.47-70

Yudha Trishananto, Fuad Mas’ud, Setiawan, Ulfah Nurul Fauziah

{"title":"Formulating Policies for Halal Tourism in Indonesia Based on Islamic Law","authors":"Yudha Trishananto, Fuad Mas’ud, Setiawan, Ulfah Nurul Fauziah","doi":"10.18326/ijtihad.v24i1.47-70","DOIUrl":"https://doi.org/10.18326/ijtihad.v24i1.47-70","url":null,"abstract":"This research aims to examine the implementation of Islamic law, the role of ulama’s thoughts and authority, and the appropriateness of government policies on halal tourism in Indonesia. A qualitative method was employed to gather primary data, specifically through a one-day symposium on “Halal Tourism and Hospitality” held by Ministry of Tourism and Creative Economy in Semarang, Indonesia. This symposium invited 100 participants from various sectors, including the tourism and hospitality industry, government representatives, community leaders, and politicians. The data underwent content analysis utilising word cloud and narrative analysis for the preliminary and Leximancer and narrative analysis for the panel discussion. The study shows that the implementation of Islamic law in formulating halal tourism policies in Indonesia involves several steps and practices aimed at ensuring compliance with Islamic principles within the tourism industry. Furthermore, the thoughts and authority of ulama play a pivotal role in shaping and influencing policies related to halal tourism. Lastly, the Indonesian government has established policies consistent with Islamic principles, such as regulations on the management and provision of halal food, the development of family-friendly tourist destinations, the promotion of spiritual tourism, the prohibition of practices and services conflicting with sharia, the development of sharia-based ecotourism, and the utilisation of Islamic language and symbols in tourism promotion. The study contributes to identifying gaps and opportunities for further incorporating Islamic principles into tourism policies.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":"137 32","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141810902","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}

引用次数: 0

Legal Awareness of Micro and Small Enterprise Operators Regarding Halal Certification: A Maslaha Perspective 小微企业经营者对清真认证的法律意识：清真寺的视角

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-07-18 DOI: 10.18326/ijtihad.v24i1.23-45

Dedi Sunardi, Azri Bhari, Muhammad Najib Bin Abd Wakil

{"title":"Legal Awareness of Micro and Small Enterprise Operators Regarding Halal Certification: A Maslaha Perspective","authors":"Dedi Sunardi, Azri Bhari, Muhammad Najib Bin Abd Wakil","doi":"10.18326/ijtihad.v24i1.23-45","DOIUrl":"https://doi.org/10.18326/ijtihad.v24i1.23-45","url":null,"abstract":"The halal certification of food products is essential for consumer protection and should be harmonized with the practices of small-scale micro-producers to ensure security and mutual benefits in accordance with Islamic teachings. However, micro-businesses have been observed to possess varied perceptions toward the certification program. Based on this understanding, the present study aims to categorize awareness of the benefits and legal aspects of digitalizing the process of obtaining the certification using a theoretical legal system approach. In order to achieve the stated objective, qualitative data was gathered from different sources such as micro-business owners, halal certifiers, and beneficiaries of halal-certified food products. The obtained results showed that micro-businesses in serang-Banten often register for halal certification due to regulatory requirements and potential sanctions, rather than a deep understanding of the benefits of halal-certified products. This finding emphasized the persistence of a lack of significant awareness among micro-businesses regarding the advantages of obtaining halal certification. Accordingly, during the course of the investigation, the dominant challenges experienced include administrative complexities in the self-declaration process and the availability of qualified halal certifiers for high-risk food ingredients. To address these issues, there is an essential necessity for the development of a streamlined certification system that supports micro-businesses, facilitates application processes, and monitors the potential misuse of fake halal logos. Lastly, following the observations made, it can be inferred that digitizing the process of halal certification for both the registration and labeling of food products would improve consumer confidence and ease supervision.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":" 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141824052","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}

引用次数: 0

Legal Culture Review and Judicial Track Record of the Kesultanan Cirebon in the Manuscript Pepakem Jaksa Pepitu 手稿《Pepakem Jaksa Pepitu》中对吉苏尔坦尼翁的法律文化回顾和司法记录

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-07-18 DOI: 10.18326/ijtihad.v24i1.1-21

Edy Setyawan, Ahmad Alamuddin Yasin, Rahman Dahlan

{"title":"Legal Culture Review and Judicial Track Record of the Kesultanan Cirebon in the Manuscript Pepakem Jaksa Pepitu","authors":"Edy Setyawan, Ahmad Alamuddin Yasin, Rahman Dahlan","doi":"10.18326/ijtihad.v24i1.1-21","DOIUrl":"https://doi.org/10.18326/ijtihad.v24i1.1-21","url":null,"abstract":"The Manuscript of Pepakem Jaksa Pepitu is a compilation of various legal texts including Kutaramanawa Darmasastra, Purwadigama, Pepakem Raja Niscaya, Jayalengkera, Adhilullah, Angger Surya Ngalam, and Angger Angger Mataram, which consist of legal codes from Javanese kingdoms of their time. This study aims to explore the legal history and culture found in the manuscript within the Kesultanan Cirebon, using a qualitative descriptive method with a juridical-sociological approach. The data were obtained through interviews, observations, and documentations. According to Lawrence Friedman, law is always influenced by politics and power. Initially, the legal system in the Kesultanan Cirebon was governed by Islamic law due to the influence of the Walisongo. However, the politics of Amangkurat I from Mataram changed this, dividing the Kesultanan Cirebon into Kesultanan Kasepuhan, Kesultanan Kanoman, and then Kesultanan Kacirebonan in the early 18th century. Despite the division of the Kesultanan Cirebon, the law continued to apply Islamic law and customary law under the same courts. When the Vereenigde Oostindische Compagnie (VOC or Dutch East India Company) entered, they introduced Western law, but customary law was still maintained. From the legal history and culture in the Kesultanan Cirebon, Pepakem Jaksa Pepitu formed a combination of legal elements, namely Islamic law, customary law, and Western law. This combination created a unique legal system in Cirebon, reflected in Pepakem Jaksa Pepitu as the main legal reference. This manuscript contributes to the tradition of law, cultural preservation, and the promotion of multicultural values.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":" 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141827109","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}

引用次数: 0

Exploring the monogamy principle in the Samin community’s customary marriages in Kudus: Harmonisation of tradition and state law 探索库都斯萨明社区习俗婚姻中的一夫一妻制原则：传统与国家法律的统一

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-01-22 DOI: 10.18326/ijtihad.v23i2.281-304

Iman Fadhilah Iman, Tedi Kholiludin, Muhammad Lutfi Hakim, Ubbadul Adzkiya'

{"title":"Exploring the monogamy principle in the Samin community’s customary marriages in Kudus: Harmonisation of tradition and state law","authors":"Iman Fadhilah Iman, Tedi Kholiludin, Muhammad Lutfi Hakim, Ubbadul Adzkiya'","doi":"10.18326/ijtihad.v23i2.281-304","DOIUrl":"https://doi.org/10.18326/ijtihad.v23i2.281-304","url":null,"abstract":"This article explores the practice of monogamy in customary marriage within the Samin community in Larikrejo Village, Kudus, rooted in the principle of “bojo siji kangge saklawase”. The uniqueness of this customary marriage practice is evident in the reflection of the values of Samin society, passed down through generations by their ancestors. Its significance becomes more pronounced considering the prevalence of polygamous practices in customary marriages across various regions of Indonesia. Despite the allowance of polygamy within certain limits by state law, the Samin community chooses to uphold their customary marriage traditions. This article presents the findings of field research involving four key informants and direct observations of customary marriage practices as the primary source. The research reveals that the practice of monogamy within Samin community marriages reflects the embodiment of the “bojo siji kangge saklawase” principle, manifested through a solemn pledge to one wife made by prospective grooms during the paseksen stage, the final step in the customary marriage ceremony following nyumuk (betrothal) and pasuwitan (marriage contract). The obligation to make this pledge aims to prevent potential conflicts within Samin families. This monogamous practice aligns with the principles of monogamy and the objectives of marriage in state law, creating harmony and stability within the family institution. This study provides in-depth insights into the unique relationship between local values and state regulations amidst the challenges of modernization and ongoing social changes.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":"92 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139606483","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}

引用次数: 0

Baby engagement within the traditional ulama of the Madurese ethnicity: a Maṣlaḥa analysis 马都拉族传统乌拉玛中的婴儿参与：Maṣlaḥa 分析

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-01-04 DOI: 10.18326/ijtihad.v23i2.261-280

Ali Imron, Ilyya Muhsin, Mustla Sofyan Tasfiq, Razizi Tarmuji

{"title":"Baby engagement within the traditional ulama of the Madurese ethnicity: a Maṣlaḥa analysis","authors":"Ali Imron, Ilyya Muhsin, Mustla Sofyan Tasfiq, Razizi Tarmuji","doi":"10.18326/ijtihad.v23i2.261-280","DOIUrl":"https://doi.org/10.18326/ijtihad.v23i2.261-280","url":null,"abstract":"This study delves into the practise of infant betrothals within the traditional Madurese ulama’s lineage, designed to preserve the clerical lineage. However, practical application reveals discrepancies where not all betrothals align with the initially arranged intentions. Instances of mismatches arise due to potential rejection by the children involved. This phenomenon is analysed through the lens of maṣlaḥah-mafsadah. This analysis unveils a nuanced perspective on the Madurese ulama’s tradition of infant betrothal, highlighting its significance beyond local custom to encompass its associated benefits and risks. Employing qualitative methods, this research draws upon in-depth interviews using purposive sampling techniques with Madurese community leaders well-versed in the region’s marital customs. This study finds underscore that infant engagement practises, within Islamic law, do not contravene sharia provisions. The infant betrothal tradition, conducted by the Madurese ethnic ulama’s lineage, aims to fortify kinship bonds among ulama families and identify optimal partners for children, considering familial background and religious erudition. Nevertheless, the study emphasises the imperative to prioritise the interests and preferences of the child throughout the engagement and marriage process.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":"40 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139385921","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}

引用次数: 0

Developing ecological piety in pesantren: the Kyai’s cognition and the practice of living fiqh al-bī’ah in Banten 在长老会中发展生态虔诚：万丹省 Kyai 人对生活教法的认知和实践

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Pub Date : 2024-01-02 DOI: 10.18326/ijtihad.v23i2.235-259

Liza Diniarizky Putri, Catur Nugroho, Abdul Malik, M. Nastain

{"title":"Developing ecological piety in pesantren: the Kyai’s cognition and the practice of living fiqh al-bī’ah in Banten","authors":"Liza Diniarizky Putri, Catur Nugroho, Abdul Malik, M. Nastain","doi":"10.18326/ijtihad.v23i2.235-259","DOIUrl":"https://doi.org/10.18326/ijtihad.v23i2.235-259","url":null,"abstract":"This study investigates the formation of ecological devotion within pesantren, led by kyai in the application of fiqh al-bī’ah. It delineates the developmental stages into three components aligned with Berger and Luckmann’s social construction theory: externalisation, objectification, and internalisation. Using qualitative methods and field studies, data were gathered through semi-structured interviews with three religious leaders from two eco-pesantren in Banten Province. Externalization is exemplified by the kyai’s teachings on humanity as caliphs, advocating against harming the Earth, emphasizing cleanliness as integral to faith, and prioritising thahhārah in fiqh. Objectification is seen in the prohibition of deforestation and embedded environmental preservation duties within the schools’ hidden curriculum. Internalisation reflects practical implementation aligned with established objectives, observed through growing pro-environmental consciousness, attitudes, and behaviours among school members, evolving progressively. This construction of ecological devotion resulted in tangible contributions to groundwater conservation and flood risk mitigation by the two schools. The findings highlight Islamic boarding schools’ potential to elevate environmental standards via fiqh al-bī’ah-rooted ecological wisdom. Collaborative efforts involving stakeholders, such as financial support and training programmes, are vital to enhancing the environmental management capacity, particularly in establishing impactful water management systems within these institutions.","PeriodicalId":512649,"journal":{"name":"Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan","volume":"54 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139452775","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}

引用次数: 0