Al-Risalah Jurnal Ilmu Syariah dan Hukum

The Application of Minority Fiqh in Muslim Communities: A Case Study of Religious Adaptation in Tana Toraja

Abdul Wahid Haddade — 2025-01-28

The concept of minority fiqh (fiqh al-aqalliyyat) addresses the unique challenges faced by Muslim communities living as minorities in non-Muslim-majority societies. Tana Toraja, a region in Indonesia with a predominantly Christian population, presents a distinct sociocultural context where Muslims must navigate religious practices while adapting to local customs. This study aims to examine the application of minority fiqh in the daily lives of the Muslim minority in Tana Toraja and explore how Islamic law is contextualized within this pluralistic society. Using a qualitative case study approach, data were collected through in-depth interviews with religious leaders and community members, participatory observations, and document analysis. The findings reveal that the Muslim community in Tana Toraja adopts a flexible approach to religious practices, particularly in matters of interfaith marriage, religious celebrations, and social interactions, emphasizing principles of maslahah (public interest) and tolerance. This study contributes to the existing literature by providing empirical insights into the practical implementation of minority fiqh in a unique cultural setting. The research highlights the importance of an adaptive and contextualized approach to Islamic jurisprudence to ensure the preservation of religious identity while fostering social harmony. These findings offer valuable implications for policymakers, religious scholars, and minority Muslim communities worldwide in addressing the complexities of religious coexistence in diverse societies.

The Role of Situa-Tua in Divorce Mediation: A Study of Customary Dispute Resolution in Desa Karing, Kecamatan Berampu, Kabupaten Dairi

Rakha Dzaky Irvi Nasution — 2025-02-13

This study examines the role of Situa-Tua in mediating divorce cases in Desa Karing, Kecamatan Berampu, Kabupaten Dairi, with a focus on customary and religious approaches. The research aims to analyze the effectiveness of Situa-Tua in reducing divorce rates and resolving marital disputes outside the formal judicial system. Using a qualitative approach, this study employs in-depth interviews with Situa-Tua, religious leaders, and community members, as well as direct observation of the mediation process. The data were analyzed using an interpretive method to understand the strategies and challenges faced by Situa-Tua in handling divorce cases. The findings indicate that Situa-Tua primarily mediate through spiritual counseling and family involvement, following the principles outlined in Q.S. An-Nisa: 35. Their approach emphasizes privacy, cost efficiency, and reconciliation, making it a preferred alternative to litigation. However, the success of mediation depends on the willingness of both parties to cooperate and adhere to religious and customary values. This study contributes to the existing literature by highlighting the integration of customary and Islamic mediation practices in divorce resolution. Unlike formal legal proceedings, Situa-Tua mediation fosters a communal approach to dispute resolution, reinforcing local traditions and religious teachings. The findings suggest that strengthening non-litigation mediation mechanisms, particularly those rooted in local wisdom, can enhance social harmony and reduce the burden on religious courts. Future studies should explore the applicability of this model in other cultural contexts.

Dispensation of Marriage on the Grounds of Dating: A Case Study at the Sungai Penuh Religious Court in 2023

Eli Artia — 2025-02-14

This study examines the judicial considerations in granting marriage dispensation at the Sungai Penuh Religious Court, particularly focusing on cases where applicants cited dating as a primary reason. The research aims to analyze the factors influencing judicial decisions beyond legal certainty, emphasizing the role of social and religious considerations. A qualitative case study approach was employed to provide an in-depth understanding of judicial decision-making. Data collection involved interviews with court clerks and an analysis of court decision documents to identify the key determinants shaping judges' rulings. The findings reveal that judges' decisions are not solely based on legal certainty but are influenced by multiple factors, including the physical and mental readiness of the prospective spouses, the duration of their relationship, and the urgency of the social context. The application of fiqh principles and maqāṣid sharī‘ah played a crucial role in ensuring that rulings prioritized the protection of children's lineage (nasab) and the prevention of adultery. This study offers a unique perspective on marriage dispensation by highlighting the intersection of legal, social, and religious considerations in judicial decision-making. It contributes to the broader discourse on Islamic family law in Indonesia and the evolving role of judges in applying fiqh-based principles to contemporary issues. The findings provide valuable insights for legal practitioners, policymakers, and scholars in understanding the dynamics of marriage dispensation cases. This research can serve as a reference for future studies on judicial discretion and the implementation of Islamic legal principles in Indonesia's religious courts.

The Effectiveness of Memorizing Islamic Doctrines as a Prerequisite for Marriage Registration: A Case Study in Teluk Pulai Dalam Village

Muhammad Syafri Yansyah — 2025-02-14

This study aims to evaluate the effectiveness of requiring individuals to memorize the obligatory, impossible, and permissible attributes of Allah, along with the pillars of obligatory bathing, as a prerequisite for marriage registration in Teluk Pulai Dalam Village. Despite not being aligned with the provisions of Government Regulation No. 9 of 1975, this practice is widely implemented within the community. This research employs a qualitative subjective approach with an empirical juridical method. Field research was conducted to gather direct insights into the application and impact of memorizing theological and ritual requirements for marriage registration in Teluk Pulai Dalam Village, Kualuh Leidong Subdistrict. Findings indicate that the memorization requirement positively influences the local community. Although it does not comply with formal legal provisions, it enhances individuals’ understanding of Islamic theological principles and the correct procedures for obligatory bathing. As a result, worship practices within the community are perceived as more valid and spiritually meaningful. This study provides a unique perspective on the intersection of religious education and marriage registration practices outside formal state regulations. It highlights how local customs shape religious literacy and compliance with Islamic rituals. The research suggests that integrating religious education into marriage-related practices can strengthen community understanding of Islamic obligations. However, it also raises questions about the legal and administrative alignment of such practices with national regulations. Further studies may explore how similar initiatives can be harmonized with formal legal frameworks.

Legal Sanctions for Child Rape in Indonesia: A Comparative Study of National Law and Islamic Criminal Law

Muhammad Syauqi Nasution — 2025-02-14

This study examines the legal framework surrounding child rape cases in Indonesia by comparing national law and Islamic criminal law. The purpose of this research is to assess the effectiveness of existing legal sanctions and explore the relevance of Islamic principles, particularly hudud and ta’zir, in addressing such crimes. Given the severe psychological and social consequences for victims, an evaluation of whether current penalties provide sufficient deterrence and justice is necessary. This study employs a qualitative legal research methodology, utilizing a normative-juridical approach. Data collection includes an analysis of statutory regulations, court decisions, and Islamic legal principles. The study focuses on Putusan Nomor 1590/Pid.Sus/2023/PN.Mdn as a case study, alongside an examination of the Child Protection Law and Islamic criminal law doctrines. The findings reveal that both national and Islamic law recognize child rape as a grave offense requiring strict punishment. While Indonesian law mandates imprisonment for perpetrators, Islamic law prescribes hudud or ta’zir penalties, depending on the offender’s status. However, questions remain regarding whether national legal sanctions are adequate in providing justice and deterrence. This research offers an original contribution by bridging the gap between national law and Islamic criminal law in the context of child protection. It highlights the potential incorporation of ta’zir-based punishments into Indonesia’s legal framework to enhance judicial flexibility. The study’s implications suggest the need for legal reform to strengthen child protection laws by integrating principles of Islamic criminal law. This could ensure more effective deterrence and greater justice for victims.

Judicial Analysis of Defendant Acquittal in Human Exploitation Cases: A Study on Evidentiary Principles in Criminal Law

Irvan — 2025-02-14

This research analyzes the judicial considerations in Decision Number 555/Pid.Sus/2023/PN STB, which acquitted the former Regent of Langkat, TRPA, in a human exploitation case. The study evaluates whether the judges' reasoning aligns with the legal provisions of Law Number 21 of 2007 on the Eradication of Human Trafficking and Law Number 39 of 1999 on Human Rights. This study employs a normative juridical approach, focusing on court decisions, statutory regulations, and relevant legal theories in criminal law and human rights. The analysis is conducted through doctrinal research, examining the legal reasoning behind the verdict and its conformity with established legal principles. The findings indicate that the court ruled the indictment’s elements were not legally and convincingly proven. The judges based their decision on the principle of presumption of innocence, emphasizing the lack of sufficient evidence to establish the defendant’s direct involvement. The absence of mens rea (malicious intent), material benefits from exploitation, and direct participation in acts of violence further supported the acquittal. Additionally, accountability for the crime had already been attributed to another perpetrator in a prior ruling. This study contributes to the discourse on evidentiary standards and judicial reasoning in human exploitation cases. It offers a critical assessment of the challenges in prosecuting high-ranking officials and the legal gaps that may affect accountability in similar cases. The findings highlight the need for a more robust evidentiary framework in human exploitation trials, particularly in cases involving structural actors. The study suggests that legal reforms and enhanced prosecutorial strategies are necessary to prevent loopholes that could hinder justice in crimes of exploitation and human trafficking.

Postponing Pregnancy for Economic Reasons: An Islamic Juridical-Empirical Study in Air Genting Village, Asahan

Fatia Aisyah Putri — 2025-02-20

This study aims to examine the perspectives of scholars in Asahan regarding the postponement of pregnancy due to economic factors and its implications for married couples in Air Genting Village. While Islam encourages procreation as part of the sunnah, couples often consider financial stability, health, and psychological readiness before deciding to have children. This research employs a qualitative field study with a juridical-empirical approach. Data were gathered through observations and in-depth interviews with married couples who have chosen to delay pregnancy, as well as discussions with local scholars to understand the Islamic legal perspective on this issue. The collected data were analyzed descriptively, with triangulation applied to ensure the validity of findings. The findings reveal that economic concerns, particularly the ability to provide for children’s basic needs such as food, education, and healthcare, are the primary reasons for delaying pregnancy. However, scholars from the Indonesian Ulema Council (MUI) in Asahan assert that postponing pregnancy for financial reasons is not permissible in Islam, as each child’s sustenance is believed to be guaranteed by Allah. Nonetheless, delaying pregnancy is considered acceptable if done for health-related reasons or to ensure maternal and child well-being through birth spacing. This study contributes to the discourse on Islamic family planning by providing empirical evidence on how economic factors influence reproductive decisions within the framework of Islamic law, specifically in the local context of Asahan. The study highlights the need for educational programs on pregnancy planning that align with Islamic teachings while addressing economic realities. Additionally, policymakers should consider strategies to improve the economic welfare of young couples, enabling them to make informed reproductive choices without financial distress.

The Fear of Marriage in Islamic Legal Perspective: Religious Scholars’ Views on Unmarried Individuals in Asahan Regency

Ade Sri Antika — 2025-02-20

This study aims to explore the factors influencing individuals to choose not to marry and examine the perspectives of religious scholars in Asahan Regency regarding this decision. Employing an empirical approach with a sociological legal framework, this research utilizes a qualitative descriptive method. Primary data were collected through in-depth interviews with eight residents of Sei Renggas and five religious scholars in Asahan Regency, while secondary data were sourced from journals and relevant literature. The findings reveal that the decision to remain unmarried is primarily driven by fear, stemming from past relationship trauma, economic constraints, aspirations for career advancement or further education, and adverse family experiences. From an Islamic legal perspective, postponing marriage for economic reasons is permissible, as marriage law is contextualized based on individual circumstances. This study provides a nuanced understanding of the fear of marriage phenomenon within a specific socio-religious context. It highlights the interplay between personal, economic, and cultural factors in shaping marital decisions and contributes to the discourse on religious scholars’ roles in addressing such concerns. Addressing the fear of marriage in Asahan Regency requires a collaborative effort. Policymakers should develop marriage education programs that emphasize mental, economic, and social preparedness while expanding access to premarital counseling. Religious scholars must offer balanced guidance on marriage rulings, providing appropriate solutions for those hesitant to marry. Additionally, the community should foster a supportive environment by reducing the stigma against unmarried individuals and promoting open family communication to prevent intergenerational trauma. A coordinated approach among the government, religious scholars, and society is essential to fostering a more informed and constructive discourse on marriage.

Reevaluating Leadership Criteria in Village Governance: A Comparative Analysis of Law No. 3 of 2024 and Imam al-Mawardi’s Political Thought

Dion Saputra — 2025-02-21

This study examines the implementation of Article 33 of Law No. 3 of 2024 concerning village governance, analyzing its leadership eligibility criteria through the lens of Imam al-Mawardi’s political thought. The research aims to evaluate whether the existing legal framework adequately reflects the moral and intellectual standards emphasized in Islamic governance. Employing a qualitative approach with a normative juridical method, the study conducts a comparative analysis between the administrative and legal requirements for village head candidates and the leadership principles outlined by al-Mawardi. The findings reveal that while the law ensures compliance with legal and technical criteria, it lacks sufficient emphasis on moral integrity (‘adalah) and intellectual competence—two key qualities stressed by al-Mawardi. This research highlights the gap between modern legal frameworks and classical Islamic governance models, suggesting the need for a more comprehensive leadership selection process that integrates ethical and intellectual dimensions. The originality of this study lies in its critical assessment of contemporary village leadership regulations using classical Islamic political thought, offering a unique perspective on governance. The implications of these findings are significant for policymakers and scholars, as they emphasize the necessity of refining leadership criteria to align with both traditional Islamic values and modern governance needs.