At-Tafkir

Reinterpreting Talik Talak in Indonesia: Harmonizing Fiqh and the Compilation of Islamic Law in Indonesia

Ach. Ainul Yaqin, Fadil SJ, Zaenul Mahmudi — Fri, 26 Dec 2025 00:00:00 +0800

This study addresses the conceptual tension between classical fiqh and the Indonesian Compilation of Islamic Law (Kompilasi Hukum Islam or KHI) in regulating ta‘lik talak, particularly in relation to the protection of women’s rights and marital justice. It aims to reinterpret ta‘lik talak through a harmonization framework that integrates classical Islamic jurisprudence with contemporary statutory regulation in Indonesia. Employing a normative comparative method, this research is based on a comprehensive literature review of primary legal sources, including the Quran, hadith, classical fiqh texts, and the KHI, supported by relevant secondary legal materials. The findings reveal that classical fiqh conceptualizes ta‘lik talak as a flexible and consensual mechanism grounded in private agreement, whereby divorce takes effect automatically upon the fulfillment of stipulated conditions. In contrast, the KHI institutionalizes ta‘lik talak within a formal legal framework that requires judicial intervention through religious courts to activate its legal consequences, thereby prioritizing women’s legal protection and procedural certainty. The harmonization of these two approaches illustrates the transformation of Islamic family law from a predominantly moral individual paradigm toward a legal formal system, while maintaining the substantive objectives of Shari‘ah in response to Indonesia’s socio legal context. This study contributes to the development of Islamic family law by affirming ta‘lik talak as a dual legal instrument that is both normative religious and statutory, capable of enhancing women’s rights protection, safeguarding marital stability, and operationalizing the principles of maqasid al shari‘ah within Indonesia’s positive legal order.

Gender, Authority, and Islamic Legal Administration: Rethinking Women’s Eligibility as Penghulu in Indonesia

Jamiliya Susantin, Yusron Palevi, Wahyuni Danial Khotimah, Ahmad Izzuddin — Sun, 28 Dec 2025 00:00:00 +0800

The position of penghulu holds a strategic role in the administration of Islamic family law in Indonesia. Although existing state regulations do not explicitly restrict this position based on gender, women’s participation as penghulu remains limited, indicating a gap between legal norms and institutional practice. This research aims to examine the position of female penghulu by clarifying the conceptual distinction between penghulu as an administrative state office and wali hakim as a judicial-religious authority, a distinction that is often blurred in policy implementation and public perception. This study employs a qualitative literature-based approach using normative-critical analysis grounded in legal feminism. The analysis is supported by Buya Husein Muhammad’s gender-responsive Islamic thought and Prof. Hasbi As-Shiddiqi’s concept of Indonesian fiqh, which emphasizes contextual and sociological considerations in Islamic legal interpretation. The findings reveal that obstacles to women’s participation as penghulu do not stem from Islamic legal prohibitions, but rather from public policy designs that conflate administrative and judicial functions, as well as from entrenched patriarchal social constructions. From a fiqh perspective, penghulu is not a pillar (rukun) of marriage, and therefore there is no normative basis requiring the position to be held exclusively by men. Furthermore, female penghulu contribute significantly to premarital education and the protection of women’s rights within marriage. This study concludes that gender-responsive reform in penghulu policy is essential to promoting inclusive, just, and contextually grounded Islamic family law services in Indonesia. Such reform has important implications for strengthening legal certainty, enhancing gender equality, and improving the quality of public religious services within the framework of national Islamic law administration.

Enhancing Governance and Community Welfare from the Perspective of Islamic Legal Politics: A Case Study of Musrenbang in Aceh

Muhammad Bin Abubakar, Nanda Herijal Putra — Sun, 28 Dec 2025 00:00:00 +0800

This study examines the implementation of the Sub-District Musrenbang (Development Planning Deliberation Forum) in Pandrah, Aceh Province, from the perspective of Islamic political law, with a focus on its role in enhancing community welfare and legitimizing local governance. The research aims to analyze the participation of the sub-district head and community members in planning and executing development programs in accordance with the principles of consultation (syura), justice, and welfare as emphasized in Islamic political-legal theory (maqasid al-syariah). A qualitative method with a descriptive-analytical approach was employed. Data were collected through non-participant observation, unstructured interviews, and documentation, and analyzed to assess procedural implementation, compliance with Islamic legal principles, and the legitimacy of participatory decision-making in local governance. The findings reveal that the musrenbang process contributes significantly to community welfare across sectors such as agriculture, trade, fisheries, education, health, and infrastructure development. The sub-district head coordinates with higher authorities to ensure programs meet public needs, while local residents actively provide input and proposals. Participation grounded in syura strengthens political legitimacy, social justice, and equitable welfare in line with Islamic law. This study contributes to Islamic political-legal studies by illustrating how participatory governance mechanisms operationalize syura and maqasid al-syariah, offering practical guidance for local governments to align development planning with Sharia-compliant social and political objectives.

Building an Islamic Development Paradigm: Criticism of Gerard Clarke and the Relevance of SDGs in Contemporary Da'wah

Aslichan Aslichan, Taufiq Rahman, Asep Sahid Gatara, Tata Sukayat — Tue, 13 Jan 2026 00:00:00 +0800

This article re-examines the dominant secular-liberal paradigm in international development through a critical engagement with Gerard Clarke’s analysis in “Religion and International Development” (2009). While Clarke acknowledges the expanding role of faith-based organizations in development practice, his framework remains largely instrumental and does not sufficiently conceptualize religious and spiritual values as an alternative epistemological foundation for development. Employing a qualitative methodology based on critical textual analysis and comparative examination of development policies and practices, this study explores how key Islamic principles, including Tawhid, Islah, and Maqashid Syariah, inform normative understandings of sustainable and ethical development. Drawing on selected cases from Malaysia, Bangladesh, and Indonesia, the analysis highlights the potential contribution of Islamic social finance instruments, such as zakat, waqf, and sharia-compliant microfinance, to inclusive development outcomes. The findings suggest that, when effectively institutionalized, these instruments can support social justice, women’s economic participation, and environmental responsibility. This study contributes to development studies by extending faith-based development debates beyond instrumental approaches and offers policy-relevant insights for integrating Islamic ethical frameworks into contemporary development strategies