Whose Authority? Contesting and Negotiating the Idea of a Legitimate Interpretation of Islamic Law in Indonesia

Alfitri, -

doi:10.1017/asjcl.2016.1

Cited by 7 publications

(4 citation statements)

References 14 publications

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“…In the Islamic legal system on inheritence in Indonesia, wills are stipulated in CIL Chapter V Articles 194-209 and the President's Instruction No.1 of 1991. Article 194 clause (1) of CIL implies that a person who is at least 21 years old and mentally healthy may voluntarily make a will concerning the distribution of his wealth to other people or institutions (those who are not heirs) (Alfitri, 2015).…”

Section: Considerations Of the Religious Court Judge In Determining T...mentioning

confidence: 99%

Conflicts occurring due to the application of different legal inheritance systems in Indonesia

Suwarti

Khunmay

Abannokovya

2022

LJIH

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The Republic of Indonesia applies three legal systems on inheritance, namely the Islamic law, the Civil Code, and the Indigenous law. Conflicts occur when families use different legal systems in splitting inheritance. This paper aims to analyze: (1) The considerations of the judge in deciding the right of heirs with different religions to obtain inheritance; (2) Whether or not using wasiat wajibah in distributing inheritance to non-Muslim heirs violates Islamic laws; and (3) The legal efforts which may be taken if heirs who follow a different religion from the decedent do not obtain an inheritance. This is normative prescriptive legal research employing a comparative approach. Primary and secondary data were collected from the literature review. Results showed that the Supreme Court judge decided that a non-Muslim widow has the right to obtain an inheritance from her deceased Muslim husband based on the wasiat wajibah stipulations, considering that the widow had been married to the deceased for 18 years. Referring to wasiat wajibah to give inheritance to non-Muslim heirs does not violate Islamic law, in which the maximum amount is a third of the inheritance. This paper suggests two ways to resolve conflicts on inheritance: (1) Let the inheritance laws be plural. If there are legal conflicts, they can be resolved in court, (2) Unify the laws by creating new inheritance national laws to achieve national unity. This research provides novelty, recalling that there has not been any previous research on the same theme in Ternate City.

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Section: Considerations Of the Religious Court Judge In Determining T...mentioning

confidence: 99%

Conflicts occurring due to the application of different legal inheritance systems in Indonesia

Suwarti

Khunmay

Abannokovya

2022

LJIH

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“…28 of 1977 regarding representation which has been renewed by Law No. 41 of 2004 concerning endowments [7]. The birth of Law No.…”

Section: Islamic Banking In Indonesiamentioning

confidence: 99%

“…Purwokerto Religious Court is a court under the auspices of the Supreme Court located on Jl. Guerrilla No 7. A Purwokerto with Accredited I A. PA Purwokerto is currently led by chairman Drs.…”

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confidence: 99%

The Mapping of Sharia Economic Dispute Decisions in Religious Courts

Ridwan¹,

Zain²,

Maula³

2021

Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Mag

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This article analyzes Law No. 3 of 2006, which has extended competence to the Religious Courts in the resolution of Sharia economic disputes. The research data came from the results of the judge's interview on the court's decision regarding the validity and competence of the judge. The author finds that in judicial legal considerations in case No. 2074/Pdt.G/2017/PA.Pwt gave rise to the theory that the restructuring of murabaha contracts should not be carried out on debtors who are unable to pay installments by the agreement and auction off collateral items that are correct and not deeds against the law. While case No. 2449/Pdt.G/2018/PA.Pwt in the musharaka contract reject the potential loss by referring to Fatwa DSN No. 43/DSN-MUI/VIII/2014, which states that the amount of compensation in the participation contract is the value of the real loss that must be experienced in a transaction. Legal discovery using the material and formal legal basis with the method of interpretation of the legislation and restrictive method by limiting or narrowing the interpretation of the legislation in the framework of prudence so as not to make a mistake in making a decision.

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“…56 When Muslim countries gain their independence and want to Islamize their laws, instead of promulgating the fiqh as the law of the land, the state gives the authority to its organs (legislature, Supreme Court, or Ministry of Religious Affairs), which often do not apply Islamic legal theories when drafting the law. 57 This authority conflict is partly solved with siyāsa sharʿiyya, where ulama and the government create and share Islamic law vision. 58 Some Muslim countries institutionalize siyāsa sharʿiyya: the Grand mufti in Egypt, for example, is called Dār al-Iftā; it is a government agency established in 1895.…”

Section: Quasi Legislature and The Return Of Epistemic Authority In Tmentioning

confidence: 99%

Bureaucratizing Fatwā in Indonesia: The Council of Indonesian Ulama and Its Quasi-Legislative Power

Alfitri¹

2020

ujis

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The state has given de-jure recognition of the Council of Indonesian Ulama's (MUI) authority in establishing sharīʿa principles for the running of Islamic financial service in Indonesia. Given this extensive design, does MUI then expand this authority into other Islamic law fields, and if so, why and how MUI does that. This paper aims to examine MUI's policy to bureaucratize fatwā by making its Fatwa Commission the single institution, administratively and substantively, for fatwā production in Indonesia. It considers this issue in light of secondary data gathered through the documentation of Ijtima Ulama resolutions. It examines their inclusion or exclusion into the MUI's official fatwā compilation employing both normative-doctrinal and socio-legal analysis. As its formal role in the state system for the administration of Islamic legal traditions has been acknowledged, MUI continues expanding its authority by enabling its Fatwa Commission like a legislature, which will further review the Ijtima Ulama resolutions before promulgating them as a fatwā. Therefore, some of the resolutions that do not pass the review cannot/are not promulgated as a fatwā. MUI adopts this measure to increase the efficacy of its fatāwā by polishing the collective ijtihād resolutions of Ijtima Ulama which are assumed to represent all ulama in Indonesia.

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Whose Authority? Contesting and Negotiating the Idea of a Legitimate Interpretation of Islamic Law in Indonesia

Cited by 7 publications

References 14 publications

Conflicts occurring due to the application of different legal inheritance systems in Indonesia

Conflicts occurring due to the application of different legal inheritance systems in Indonesia

The Mapping of Sharia Economic Dispute Decisions in Religious Courts

Bureaucratizing Fatwā in Indonesia: The Council of Indonesian Ulama and Its Quasi-Legislative Power

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