Harmonization of Islam and human rights: judges’ legal arguments in rejecting child marriage dispensation in Sukadana, Indonesia

Nawawi, M. Anwar; Sulastri, Sulastri; Edi, Relit Nur; Setiawan, Agus

doi:10.18326/ijtihad.v22i1.117-134

Cited by 7 publications

(7 citation statements)

References 4 publications

(4 reference statements)

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“…31-32;Mundzir & Muthmainnah, 2022). Besides these Islamic organizations, judges in religious courts also refer to various fiqh books when deciding Islamic family cases (Nawawi et al, 2022;Hakim & Nasution, 2023).…”

Section: Mui Fatwa On Covid-19: Legal Arguments and Fatwa Methodsmentioning

confidence: 99%

Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19

Hakim,

Prasojo,

Masri

et al. 2023

Khazanah Hukum

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The Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) was stigmatised as an institution accommodating conservative Islamic groups’ interests post-New Order. However, the religious fatwas produced by the MUI during the Covid-19 pandemic in 2020 had prioritised independence so that it returned to its original role, namely as a translator of government policies. For this reason, this article aims to examine the MUI fatwas and its relationship to state policies in tackling the spread of Covid-19. It is a qualitative research study with a historical approach, examining the content of seven fatwas issued by the Fatwa Commission (Komisi Fatwa) between March and July 2020 as the primary data sources. This study found that MUI’s legal arguments and methods are more inclusive, flexible, and progressive towards socio-religious problems. These fatwas have become a reference for the government in taking policies to suppress the spread of Covid-19. It is reinforced by the fact that several fatwas issued by MUI were used as guidelines by the government in formulating policies to curb the spread of Covid-19. Therefore, the authors argue that the MUI’s fatwa politics not only serve the interests of the Muslim community but also align with the state’s interests in tackling the spread of Covid-19. Thus, the debate regarding the stigmatisation of the role of MUI can be dismissed through these findings, providing new insights into the dynamic interplay between religious and legal frameworks.

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Section: Mui Fatwa On Covid-19: Legal Arguments and Fatwa Methodsmentioning

confidence: 99%

Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19

Hakim,

Prasojo,

Masri

et al. 2023

Khazanah Hukum

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“…Marriage is the same as protecting dignity and therefore married couples can avoid things that are prohibited by Islamic law. Marriage can protect Muslims from negative things, allowing them to avoid adultery and carry out marriages better (Salma & Firdaus, 2016;Nawawi et al, 2022).…”

Section: The Purpose Of Marriage In the Frame Of Maqasid Al-shari'amentioning

confidence: 99%

Dynamics of Childless Marriage Through the Lens of Maqasid Al-Shari’a

Rasyid,

Jarudin,

Saleh

et al. 2024

jip

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There is a trend among Muslims, especially married couples, not to or delay having children. Meanwhile, having children horizontally is one of the main goals of marriage to continue the human race. This literature research used secondary data which were collected in two ways: manually and online. Manual data comprised information derived from major books on marriage, maqasid al-shari’a, and others. Online data were acquired in the form of articles attributed to research themes using an open journal system. The collected data were subsequently analyzed through data reduction, data display, and verification techniques. This research found that the goal of marriage in Islamic law referred to both horizontal and vertical aspects. Vertically, marriage aimed to display one’s level of allegiance to God, who created him. This obedience was accompanied by a faith test in the shape of the ability to restrict and control desires in the face of the magnitude of human sexuality’s challenges and God’s call to produce pious offspring. Horizontally, the aim of marriage was directly tied to oneself, others, and the surrounding environment. Marriage, in this perspective, served a social function by creating a communal family. Families could be formed and developed when there were children and offspring. As a result, the presence of children in a marriage is essential for establishing society, nation, and civilization, because those all cannot exist without children.

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“…Tolerance Tolerance is defined as the existence of the existence of the existence and greatness of the soul in responding to differences. Students in a school tend to carry or at least be influenced by the family environment in various forms of habits and community environment with their cultural background and also influenced by the religious values they embrace (Nawawi, Sulastri, Edi, & Setiawan, 2022;Nawawi et al, 2022).…”

Section: Democratic Valuesmentioning

confidence: 99%

Implementation of Multicultural Education Values in Senior High School

Rohmah,

Rena,

Pahrurraji

et al. 2023

At-tadzkir

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This research aims to describe and analyze the implementation of multicultural education values at Kharisma Bangsa Global Education High School in South Tangerang City and know the obstacles and challenges of implementing multicultural bathing there. This research uses a qualitative approach with this type of case study research. Data sources are obtained from primary data sources (Principals, PAI Teachers, Academic Staff, and Kharisma Bangsa Learners) and secondary data sources from several books and others that support primary data. Data collection techniques are used through observation, interviews, and documentation. Then from some of the data that has been obtained the author performs data analysis techniques. The results of this study show that 1). The implementation of multicultural education values at Kharisma Bangsa Global Education High School in South Tangerang City is the value of democracy, humanism, and tolerance, and the learning of multicultural Agama Islam (PAI) Education. These values are implemented through a whole school approach, dan 2). Obstacles and challenges in the implementation of multicultural educational values at Kharisma Bangsa High School are the adaptation of early learners into school, digital multicultural literacy, and awareness of understanding of multicultural education.

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Harmonization of Islam and human rights: judges’ legal arguments in rejecting child marriage dispensation in Sukadana, Indonesia

Cited by 7 publications

References 4 publications

Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19

Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19

Dynamics of Childless Marriage Through the Lens of Maqasid Al-Shari’a

Implementation of Multicultural Education Values in Senior High School

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