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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial JHCLS
Raihanah Abdullah
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Religion Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction Zaidah, Yusna; Raihanah Abdullah
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i2.229

Abstract

Ihdad is a form of mourning carried out by families. The sharia mandates ihdad for women who have lost their husbands. There is no fiqh regarding ihdad for husbands. It often gives rise to the perception that there is a tendency to discriminate against women. However, customary law has regulations for mourning periods for husbands. This article aims to determine the relevance of Islamic law in regulating the mourning period for women and men with the value of protecting human rights. The research was carried out normatively by comparing shariah, positive legal regulations in Indonesia, notably the customs of the Banjar community, and regulations in Malaysia. The theories underlying this research include customary law theory, al-maslahah, and human rights protection. The results of this research illustrate that Islamic fiqh does not regulate ihdad for husbands. In Indonesia, KHI regulates the mourning period (ihdad) not only for wives but also for husbands. Meanwhile, in Malaysia, there is no ihdad for husbands, and the rules are explicit in the Enactment of the Islamic Family Law. The customary law of the Banjar community regulates the mourning period for the husband by not remarrying and not interfering with inheritance matters during the mourning period for a period of one hundred days. Customary laws that do not conflict with sharia and meet the requirements for implementing 'urf can be implemented. Ihdad is and will continue to be relevant to protecting human rights by prioritizing the values of maslahah and respect. The rules in Indonesia and Malaysia are based on Islamic law, considering religious and humanist values in the form of leniency.
The Legal Culture of Samin Community of Family Law in Central Java Nur Wakhidah; Zulfa Jamalie; Mujiburohman Abas; Raihanah Abdullah; Jalaluddin Jalaluddin
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 19 No. 1 (2024)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v19i1.10341

Abstract

This article seeks to examine the legal culture of the Samin community in relation to their preferences in family law, the persistence of the customary law in the community, and the transformations that have taken place in Samin family law. The data of this article is derived from an ethnographic study conducted at various Samin villages in Central Java between 2022 and 2023. Information was gathered via in-depth interviews, observation, and document analysis. The study's findings suggest that the government does not officially recognize marriage within the Samin community. However, the Samin family law has undergone a significant transformation. It underwent a substantial change which involved the government officially acknowledging the Samin beliefs. The research findings reveal symptoms of the Samin family law which underwent a transformation from customary law to local fiqh characterized by a mystical style. Efforts are being made to establish formal legal frameworks that accept the belief in God Almighty and incorporate legal practices. The legal negotiations led to the emergence of natural law plurality which in practice, is influenced by politics, social, and culture.
Co-Authors Jalaluddin Jalaluddin Mujiburohman Abas Nur Wakhidah Yusna Zaidah Zulfa Jamalie