Ulumuna

Navigating Disability: Perspectives and Practices in Indonesian Religious Courts

Arif Maftuhin — 2025-12-20

This study explores how disability is defined and addressed in Indonesia’s Islamic religious courts, drawing on court decisions from the Direktori Putusan Mahkamah Agung Republik Indonesia (Directory of Supreme Court Decisions of the Republic of Indonesia) spanning 2005 to 2023. The central research question is: how are persons with disabilities perceived and treated within the context of Islamic legal proceedings in Indonesia? Despite national laws promoting inclusive justice, this study reveals a sustained misalignment between statutory commitments, judicial practice, and the lived accessibility of justice for people with disabilities. Through analysis of over 200 relevant cases, the research identifies four key patterns: (1) the inconsistent and often outdated definitions of disability used by judges; (2) the continued equation of disability with legal incapacity; (3) the unique challenges faced by disabled individuals in marriage and divorce proceedings; and (4) the inadequate provision of reasonable accommodations in courtroom settings. These findings underscore the enduring influence of traditional paradigms and call for a more integrated approach to disability within Islamic legal practice in Indonesia. The paper contributes to broader discussions on disability rights, Islamic law, and the transformation of religious legal systems toward greater inclusivity.

From the Balkans to Istanbul: The Legal Politics of Social Mobilities through Devshirme in the Ottoman Empire from the 14th to the 17th Century

Entol Zaenal Muttaqin — 2025-12-20

The Ottoman Empire rose to prominence as a dominant force from the 13th to the 19th centuries, establishing a vast empire and nurturing cultures that continue to enrich global heritage today. A notable feature of their sociopolitical structure was the practice of devshirme. This unique policy facilitated new forms of social mobility by transforming Balkan Christian youths into Muslim elites serving the sultan. This strategy significantly bolstered the Ottomans' ability to annex European territories over several centuries. In this context, the following discussion explores various aspects, including the origins of Devshirme as a pivotal legal policy, the extent of social mobility during the 1400s and 1600s, and the methodologies employed within Devshirme to strengthen the empire's stability. A historical methodology will be used, incorporating heuristic steps that begin with verification and historiographic analysis. Ultimately, this study demonstrates that the fundamental aim of the devshirme was social engineering, intended to maintain control over subjugated regions in Europe. Moreover, the social mobility fostered by this policy transformed the lives of Christian working-class children into elite status, with some even rising to become the sovereign's most trusted advisors. Finally, the recruitment strategies for the Devshirme involved selecting children for educational institutions, providing them with training, and assigning roles that matched their abilities.

Reframing Islamic Family Law Through Web-Based Tafsir: The Case of Nushuz in the Indonesian Tafsir Online

Suqiyah Musafa'ah — 2025-12-20

One of the most effective strategies for disseminating tafsīr al-aḥkām today is through digital platforms, particularly Islamic web portals. These sites offer accessible, thematic, and concise interpretations that appeal to diverse audiences, especially on gender-sensitive issues such as nushūz, which has often been read in ways that marginalize women’s rights. This article draws on the theories of Cyber Islamic Environments (CIEs) and virtual community. This study conceptualizes Islamic tafsīr websites as interactive digital spaces where individuals with shared religious commitments form interpretive communities. These communities not only consume religious content but also participate in reinterpreting Islamic law through inclusive, rights-based frameworks. Focusing on two Indonesian websites, tanwir.id and tafsiralquran.id, this normative study combines conceptual analysis with a comparison of digital content. The findings reveal two key points: first, both platforms advance progressive interpretations of nushūz that prioritize women’s protection from psychological and physical harm, reframing it through ethical accountability and gender equity; second, the interactive nature of these platforms fosters virtual tafsīr communities, enabling collective knowledge production that challenges patriarchal norms and advances interpretations aligned with maqāṣid al-sharīʿa. In this way, digital tafsīr not only contributes to reforming Islamic family law in Indonesia but also democratizes religious authority and embeds Islamic ethics in lived online experiences.

Promoting New Muslim Romance in the Digital World: State Law in Society in Advocating Early Marriage

Ahmad Bunyan Wahib — 2025-12-31

Religious conservatism among urban Muslim youth in Indonesia has become an important phenomenon in the development of Islam in Indonesia. In the context of marriage law, this phenomenon is marked by the emergence of Muslim romance among urban Muslim youth with the young marriage movement. This paper examines the phenomenon of the Muslim romance movement in the digital space, focusing on content analysis of messages uploaded by the Instagram account @gerakannikahmuda. This paper shows that, unlike the early 2000s young marriage movement campaigns using print media, which tended to ignore marriage administration, the digital space campaigns view marriage procedures and administration as important. The @gerakannikahmuda account uses legal regulations and policies regarding marriage administration procedures as a medium to campaign for the young marriage movement. Drawing on Migdal's state-in-society concept, which emphasizes the state's presence within society, this article argues that the use of marriage administration to campaign for the young marriage movement demonstrates the presence of state law within society, even when society holds ideas that oppose state regulations.

The Oran Fatwa as an Emergency Fiqh Strategy Addressing the 16th-Century Identity Crisis of Morisco Muslims

Chaerul Mundzir — 2025-12-31

The Oran fatwa, issued by Ahmad ibn Abi Jum'ah al-Maghrāwī in the early 16th century, emerged as a religious response to the tragic circumstances faced by the Morisco Muslims in Spain following the fall of Granada. This fatwa provides legal guidance for Muslims who maintained their faith while being outwardly compelled to adhere to Catholic practices. This study provides the Oran Fatwa by placing it within the broader discourse of Islamic jurisprudence on minority issues under repressive regimes. The analysis employs a historical-normative framework, concentrating on Islamic legal principles while acknowledging exceptional circumstances, specifically al-ḍarūrāt tubīḥ al-maḥẓūrāt and ikrāh. The results indicate that the fatwa exemplifies a form of contextual ijtihād influenced by emergency circumstances, serving not only as a legal concession but also as a strategic measure to protect Muslim identity in the face of systematic conversion pressures. This form of contextual ijtihād illustrates the contextual approach of Islamic law in addressing oppressive political circumstances by Spanish Inquisition. This study improves our understanding of how Islamic legal thought has changed over time and how religious scholars have helped to balance law, faith, and authority during times of severe persecution. It is still important for modern discussions about religious freedom and the rights of minorities.

Deconstructing Misogynistic Interpretations: A Gender-Just Fiqh Approach to the Role of Women in Family and Career

Zulfi Ida Syarifah — 2025-12-31

This study focuses on gender injustice within families, particularly as experienced by women working in environments where misogynistic ideologies continue to dominate and shape domestic relations. The theoretical framework suggests that this problem stems from gender-biased interpretations of traditional fiqh, especially concerning concepts such as qawāmah. The research examines how ideology influences decision-making, role distribution, and women's financial autonomy, thereby creating burdens and obstacles. By offering a more just perspective, the study seeks to deconstruct misogynistic tendencies embedded in family. A mixed-methods approach was employed, combining critical analysis of Qur'anic exegesis with empirical data collected from 100 respondents and in-depth interviews with 10 informants in South Tangerang. The findings show that misinterpretations of fiqh reinforce family injustices, while progressive perspectives aligned with contextual and justice-oriented interpretations also emerge. The study concludes that both social and theological factors shape gender injustice. Consequently, achieving egalitarian and just relationships requires a paradigm shift through the progressive revision of Islamic family law toward gender justice.

The History of the Malay Fiqh Development: An Analysis of the Manuscript ‘Qawānīn al-Mubtadi’fī al-Fiqh’ Work by Abdurrahman Husin al-Kelantani, Mufti of ‘Amantubillah’

Patmawati Patmawati — 2025-12-31

This study examines the development of Malay fiqh by analyzing the manuscript Qawānīn al-Mubtadi’ fī al-Fiqh by the Mufti of Mempawah, Abdurrahman Husin al-Kelantani. This manuscript is part of the intellectual heritage of Islamic scholarship in the Nusantara, especially in the field of fiqh. This study focuses on tracing the background of the manuscript's compilation, its structure and content, and its influence on the development of Islamic law in the Malay region. This study uses a historical approach, which combines philological and contextual analysis of the manuscript. The results of the study show that this manuscript is related to the Syafi’i school of thought and the ijma’ fuqaha. This manuscript reflects the characteristics of fiqh that developed in the Malay region in the 19th century. Abdurrahman’s thoughts made a significant contribution to Islamic legal education and practice in the Mempawah Sultanate and its surrounding areas. This study also highlights that the development of fiqh in the Malay region was greatly influenced by the role of local scholars in producing fiqh works relevant to their communities' socio-cultural contexts.

Al-Juwaini's Ideas and the Development of Islamic Law: A Shifting Paradigm from the Inadequacy of Qiyas as a Method of Ijtihad to Mashlahah

M. Harir Muzakki — 2025-12-31

This article examines the emergence of maslahah in the legal thought of Imām al-Haramayn al-Juwaynī and argues that it constitutes a critical methodological intervention in the development of Shāfiʿī legal theory. While remaining committed to textual universalism and the supremacy of revelation, al-Juwaynī identified structural limitations in conventional qiyās in addressing increasingly complex socio-political realities. Employing a philosophical-historical hermeneutic approach and drawing on Thomas Kuhn’s theory of paradigm shift, this study interprets maslahah as an instance of extraordinary science that recalibrates established methods to address epistemic anomalies. Focusing on al-Burhān fī Uṣūl al-Fiqh, the article shows how qiyās maʿnā and munāsabah reformulated ʿillah as an intelligible indicator of divine legislative intent, enabling purposive legal expansion without endorsing autonomous ethical rationalism. The study positions al-Juwaynī as a decisive methodological link between al-Shāfiʿī and the later systematization of maqāṣid al-sharīʿah, contributing to contemporary debates on legal change in Islamic law.

Female Leadership of Islamic Philanthropic Institutions in Indonesia

Indah Piliyanti — 2025-12-31

This study aims to examine the experiences of female leaders in Islamic philanthropy in managing zakat in Indonesia from the perspective of Maqāṣid al-Sharīʿah and gender justice. Through the phenomenological method, this study aims to analyze the description of women's involvement as important actors in the structure of Islamic philanthropic institutions in Indonesia, their bureaucratic systems, and the obstacles they face. By focusing on data on the Zakat Management Organization (Organisasi Pengelola Zakat), which includes The National Amil Zakat Agency (Badan Amil Zakat Nasional/BAZNAS) and Privtae Amil Zakat Institution (Lembaga Amil Zakat/LAZ), it becomes clear that women's involvement in the governance of Islamic philanthropy in Indonesia remains very low. Even though there are no limiting regulations, women's participation in the structure is still hampered by several things, such as the conservative religious views of leaders, patriarchal-misogynistic culture in the workplace, limited human resources with the required qualifications, and limited awareness among women regarding participation to social work. Enforcing the principles of organizational professionalism, adhering to the applicable merit and bureaucratic systems, and educating on the importance of gender awareness in the work environment must also be accompanied by efforts to improve the quality of human resources, so that Islamic philanthropic work can provide fair benefits for both men and women.

Typology and Characteristics of Typology and Characteristics of 9th Hijri/15th-Century CE Astronomical Manuscripts in CairoAstronomy Manuscripts of The 9th/15th Century in Cairo

Muh. Arif Royyani — 2025-12-31

Cairo’s astronomical manuscripts (falak) are abundant, yet many remain understudied and insufficiently analyzed in contemporary scholarship. This study focuses on astronomical manuscripts produced in the 9th century Hijri (15th century CE), which display distinct typologies and characteristics compared to earlier periods, particularly in terms of structure, content organization, and methodological orientation. These differences are shaped by evolving socio-religious and intellectual dynamics, including changes in educational institutions, scholarly networks, and the patronage of scientific knowledge. The production of these manuscripts was driven not only by the practical needs of the community—such as calendrical calculation, prayer times, and determination of the qibla—but also by intellectual pursuits and the development of astronomical science as a scholarly discipline. To some extent, these typologies share affinities with falak manuscripts found in Indonesia, especially in their practical orientation. However, significant differences remain, particularly in the depth, mathematical rigor, and complexity of the discussions.

Islamic Economics: Concepts and Applications—An Empirical Study of Songkhla Province, Thailand

Sorfina Densumite — 2025-12-31

This study aims to contribute to the concept and application of Islamic economics in mainstream economics, particularly in Thailand, as an alternative worldview to promote the welfare of humankind. The study examines the impact of zakāt distribution on growth, as measured by gross provincial product (GPP) per capita, in Songkhla Province, Thailand. An econometric analysis is conducted using various procedures, including unit root tests, cointegration tests, Granger causality tests, correlation tests, and multiplier effect analysis. The study's findings suggest that zakāt distribution is positively and significantly associated with GPP per capita. The Granger causality test indicates that zakāt distribution causes changes in GPP per capita and vice versa, with changes in GPP per capita influencing zakāt distribution. The study also demonstrated that the zakāt distribution multiplier shows a positive impact on growth. Conclusively, this research found that zakāt distribution could boost GPP per capita in the Songkhla province of Thailand in the long run. It is suggested that a national zakāt institute be established in Thailand to provide higher-quality welfare for the Thai population.

Navigating Diversity: FKUB’s Contribution to Religious Harmony in the Digital Age

Kaharuddin Kaharuddin — 2025-12-31

In an increasingly digitalized social environment, maintaining interreligious harmony has become a critical challenge for multicultural societies such as Indonesia. This study examines the strategic role of the Religious Harmony Forum (Forum Kerukunan Umat Beragama/FKUB) in fostering social cohesion amid religious, ethnic, and cultural diversity within the framework of the Unitary State of the Republic of Indonesia. Using a qualitative research design with a phenomenological approach, this study integrates document analysis, academic literature, and empirical data collected through questionnaires distributed to 50 respondents involved in or knowledgeable about FKUB activities. The findings indicate that FKUB plays a significant role as a mediator of interreligious conflict, a facilitator of dialogue, and a promoter of tolerance, particularly through digital platforms such as webinars, social media campaigns, and educational content. However, its effectiveness remains constrained by limited institutional resources, uneven local legitimacy, and challenges in reaching digitally under-literate communities. Therefore, the study highlights the need for adaptive digital communication strategies and stronger collaboration among FKUB, government institutions, civil society, and religious communities to sustain interreligious harmony in the context of ongoing social and technological transformation.

Implementation of Post-Divorce Alimony Policies from a Gender Justice Perspective: A Comparative Legal Study of Indonesia, Malaysia, and Brunei Darussalam

Shofiatul Jannah — 2025-12-31

Divorce does not only ends the marriage bond, but also gives birth to legal obligations in the form of post-divorce maintenance for women and children who are in socioeconomically vulnerable positions. Indonesia, Malaysia, and Brunei Darussalam already have their own legal frameworks to govern these obligations, but the effectiveness of implementation differs. This study employs a normative legal research method with conceptual and comparative approaches through regulatory analysis, court decisions, and related legal documents. The perspective of gender justice and maqāṣid al-sharī'ah is used to assess the extent to which alimony policies actually provide substantive protection. The results of the study show that normatively the three countries have the same goal, but the realization of justice is uneven across jurisdictions. In Indonesia, the weak enforcement mechanism prevents the fulfillment of alimony obligations at the time of verdict. In Malaysia, the existence of the Family Support Division increases the certainty of child support, even though the protection of ex-wives is not optimal. In Brunei, the strict legal framework is still constrained by sociocultural resistance. This finding confirms that the issue of alimony is not only a matter of legal text, but also of social constructions that affect legal compliance. Livelihood uncertainty has a direct impact on the sustainability of education, health, and socioeconomic stability, and has not fully fulfilled the purpose of protecting maqāṣid al-sharī'ah. Therefore, institutional strengthening, gender-responsive enforcement mechanisms, and regional cooperation are needed.

Islamic Law and Maritime Management: How the Sultanate of Banten Managed Its Territorial Waters in the 16th –17th Centuries

Fahmi Irfani — 2025-12-31

This article examines the role of Islamic law in shaping maritime governance in the Sultanate of Banten during the 16^thand 17^th centuries, with particular emphasis on its incorporation into administrative and regulatory practices. Rather than approaching Islamic law as a fixed or purely doctrinal system, the study conceptualizes it as a set of normative references embedded in port administration, commercial regulation, and maritime security. Adopting a socio-legal historical approach, the analysis draws on Bantenese legal manuscripts, European travel accounts, and Dutch colonial records. The findings demonstrate that Islamic legal norms operated in interaction with political authority and mercantile institutions through the consultative involvement of religious scholars, institutional coordination between the Sultan and port officials (syahbandar), and the selective application of legal sanctions and fiscal arrangements to govern a plural trading community. This article offers empirically grounded insights into Islamic law as a context-specific practice within Southeast Asian maritime societies.

Law and Identity: Cinematic Depictions of Muslim Women in Indonesia

Anas Ahmadi — 2025-12-31

Many studies have been conducted on Muslim women. However, little research has been carried out about Muslim women in legal-themed films by global researchers. In this regard, this study aims to fill the research gap by exploring Muslim women in Indonesian films with legal content. The study employed a qualitative-interpretive approach, utilizing data collected from the films Perempuan Berkalung Sorban and Tuhan, Izinkan Aku Berdosa. The results of the study showed three categories of Muslim women’s portrayals in the films: first, Muslim women oppressed by the law that is dominated by male perspectives; second, Muslim women who challenge the law; and third, Muslim women who become agents of change in the law These findings suggest that Muslim women’s roles in responding to conservative interpretations of Islamic law include accepting, challenging, and transforming them. This study contributes to the discourse on Islamic law by examining how conservative interpretations of Islamic legal authority—particularly in the domain of family law—are represented, contested, and renegotiated through cinematic portrayals of Muslim women in Indonesian films.

Redefining Leadership Frames: Understanding the Frames of Female Leaders in Indonesian Islamic Higher Education Institutions

Siti Nur Hidayah — 2025-12-31

This study aims to uncover the leadership frames of women in Indonesian Islamic higher education institutions (HEIs). Drawing on in-depth interviews with eleven women leaders serving as rectors and deans, the study employs a theory-driven thematic analysis to explore leadership meaning-making through the leadership frames framework developed by Deal and Bolman (1984). The findings show that women leaders employ structural, human resource, political, and symbolic/religious frames in fluid, interconnected ways rather than as discrete leadership orientations. Structural authority is exercised as an ethical stewardship oriented toward organizational responsibility and reform, while relational practices associated with the human resource frame, such as trust, care, and nurturing, function as strategic mechanisms for sustaining organizational cohesion and legitimacy. Contrary to assumptions that women avoid organizational politics, participants demonstrate strong political consciousness, engaging in negotiation and alliance-building to secure representation, amplify women’s voices, and advance gender equity. This study highlights the limitations of the symbolic leadership framework in non-Western, religiously embedded contexts. Participants view leadership as amānah (divine trust), worship, and sacred responsibility, framing religious belief as a moral framework that shapes accountability, decision-making, and ethical use of power in leadership. This study emphasizes women's leadership narratives in Muslim-majority higher education, broadening leadership theory beyond Western models. It offers a culturally responsive and decolonial perspective by defining power as relational, ethical, political, and spiritually grounded.

Women’s Agency and Institutional Transformation in Pandeglang: A Study of Gender Mainstreaming in the Context of Indonesian Islam

Encop Sopia — 2025-12-31

This qualitative case study examines women’s agency in advancing gender mainstreaming in Pandeglang Regency, Indonesia. It specifically analyzes how Regional Regulation (Perda) No. 5/2021 on Gender Mainstreaming (PUG) is negotiated within a complex socio-religious context. Drawing on feminist historical institutionalism, the study highlights the role of women in building coalitions, reinterpreting religious norms, and navigating various forms of resistance. The findings indicate that gender institutional transformation in Pandeglang is a gradual and dynamic process shaped by women’s agency, institutional structures, and prevailing socio-religious norms. Rather than being monolithic, Islamic law emerges as a contested arena in which reinterpretation becomes essential for promoting inclusiveness. This study emphasizes the need to consider the dynamics of local Islamic laws. The challenges include patriarchal norms and conservative religious interpretations. The policy implications are that interventions must be culturally sensitive, aligned with local values, and led by cross-sectoral collaboration. The role of stakeholders, such as progressive religious leaders, women’s organizations, and female legislators, is crucial. This study contributes to the understanding of sustainable gender mainstreaming in the Islamic local context of Indonesia.

Analysis of Student Product Quality in Integrative, Collaborative, and Project-Based Learning Viewed from Islamic Religious Education in Higher Education

Lenny Herlina — 2025-12-31

In the globalisation era, universities in Indonesia, including Universitas Mataram, are required to produce graduates who are not only technically competent but also capable of incorporating religious values into their professional and social lives. Islamic religious education, as a compulsory subject, plays a strategic role in shaping students’ character through the understanding and application of Islamic values. One of the approaches employed is integrative, collaborative, and project-based learning (ICPBL), which provides students with opportunities to internalise religious values while developing practical skills. This study employs a qualitative descriptive method, focusing on Islamic religious education at Universitas Mataram. We collected data through document analysis of students’ articles and assessment rubrics, and through in-depth interviews with students and teaching professors. Source triangulation and member checks were used to ensure the data were correct. Thematic analysis was used to identify important patterns. The findings indicate that ICPBL learning produces student outputs that demonstrate a profound understanding of Islamic values, such as justice, compassion, and knowledge. We successfully linked these values to contemporary social issues, such as gender equality and mental health. However, we identified weaknesses in aspects of creativity, depth of analysis, and article structure, underscoring the need for further guidance. The ICPBL approach also makes a significant contribution to strengthening students’ understanding of Islamic values and collaborative skills. Social-issue-based projects not only internalise Islamic principles in practice but also enhance the relevance of religious teachings in real-life contexts.

Integration of Religion and Culture in Hadrah Nurun Nabi in Aceh: Perspective of Symbolism and al-’Urf

Syarifuddin Syarifuddin — 2025-12-31

Hadrah Nurun Nabi is an art tradition that integrates ṣalawāt, dhikr, poetry reading, and hadrah music with the Acehnese rapai art. This study aims to analyse the integration of religion and culture within the Hadrah Nurun Nabi tradition in Aceh. The study employs a qualitative approach with field research methods. Data were collected through interview observation and documentation, and analyzed using the theory of symbolic interpretation and al-'Urf. They were validated through several readings, consultation of source texts, the presence of researchers at hadrah performances, and olleagues’ debates. The analysis included comparisons, categorizations, presentations, and inferences of textual information content. The findings indicate a significant integration between religious practice and local cultural expression in Aceh. The hadrah tradition symbolises conveying religious messages that deliver spiritual values, messages of monotheistic messages, expressions of joy at the birth of the Prophet, and praise to the Prophet. At the same time, the hadrah tradition has the concept of al-'Urf, specifically al-'urf al-shahih, namely a tradition that aligns with the interests of sharia and offers useful values and benefits to the Muslim community. Other findings also show that the use of social media is a positive response to technological developments.

Da‘wah in Sabah, Malaysia (1963-1973): Tun Datu Mustapha Effort and Contributions

Zaifuddin Md Rasip — 2025-12-31

This study examines the development of da‘wah in Sabah after independence, focusing on the strategies and socio-political factors that led to the declaration of Islam as the state religion in 1973. Although Islam had been introduced earlier through the Sultanates of Brunei and Sulu, its institutional expansion remained limited under British colonial rule due to weak political support and the dominance of Christian missionary structures. Employing qualitative thematic analysis of archival documents, official reports, the Sabah State Constitution, and relevant secondary sources, this study analyzes how Tun Datu Mustapha and the United Sabah Islamic Association (USIA) strengthened Islam’s institutional presence. Key initiatives included mosque construction, Islamic education, welfare support for mualaf, and the mobilization of transnational preachers. Interpreted through post-colonial governance, religious economy, and pluralism frameworks, the findings demonstrate that organized da‘wah combined with political leadership significantly reshaped Sabah’s religious demography and institutional structure, culminating in the constitutional recognition of Islam under Article 5(A). By foregrounding Sabah as an under-examined case within Southeast Asian Islamic history, this study contributes empirically to debates on Islamization in plural societies, highlighting how state authority, organizational capacity, and inter-religious competition interact in shaping religious transformation.