Parewa Saraq: Journal of Islamic Law and Fatwa Review

The Comparison of Marital Property Division Between Indonesia and Malaysia from the Perspective of Fiqh Rules

2025-01-09T10:21:03+07:00

The regulations regarding the division of marital property post-divorce in Indonesia and Malaysia are the result of the juristic interpretation by scholars that has been adjusted to the socio-cultural context of the society and subsequently legislated into law. The regulations governing the division of marital property post-divorce in Indonesia refer to Law No. 1 of 1974 articles 34—37 and the Compilation of Islamic Law (KHI) articles 85-97, while in Malaysia it refers to Act 303 Islamic Family Law (Federal Territories) 1984. The majority of scholars in Indonesia and Malaysia analogize it to shirkah abdan (partnership in skill). This research is a literature study using a normative research type with a comparative study approach using the analysis of the principle of al-kharaj bi al-dhaman. This fiqh rules desire that the right to profit must be proportional to the obligation to bear risks. This principle is generally used in matters of transactions. Therefore, if the marital relationship in marital property is analogized to shirkah abdan, then it is only appropriate that this principle can also be applied in the rules of marital property division between spouses. This study concludes that the division of marital property in Indonesia, which adopts a civil law legal system, tends to divide marital property equally. Meanwhile, in Malaysia, which adopts a common law system, it considers the contributions made by the husband or wife. Through the analysis of the principle of al-kharaj bi al-dhaman , the provisions regarding the division of marital property post-divorce by considering the contributions of the husband or wife in marital property are more relevant to this principle.

The Compliance with Tarjih Fatwa on the -18° Dawn Criterion: A Study of Muhammadiyah Mosques in Gowa Regency

2025-05-10T05:18:06+07:00

Differences of opinion regarding the determination of dawn time in Indonesia have become increasingly prominent, especially after Salafi groups claimed that the dawn time determined by the Ministry of Religious Affairs (KEMENAG RI) using the -20° criterion is 15–23 minutes too early. In response, Muhammadiyah conducted further research based on the recommendations of the 27th National Conference of Tarjih (Munas Tarjih) held on April 1–4, 2010. The research led to the Tanfidz Decision of the XXXI Tarjih National Conference, which concluded that the previously used dawn criterion was too early by about 8 minutes. As a result, Muhammadiyah adopted the -18° criterion as a more accurate standard and instructed all levels of its organization to follow this guideline in determining prayer times. This study aims to analyze the level of understanding and compliance among Muhammadiyah members regarding the Tanfidz Decision on the -18° dawn criterion. It also seeks to identify the obstacles faced in implementing the decision, particularly by mosque administrators in Muhammadiyah mosques in Gowa Regency. Using a qualitative approach and a case study method, data were collected through in-depth interviews and observation of dawn time practices. The findings show that most Muhammadiyah members in Gowa Regency understand and comply with the new guideline. However, several technical and social challenges remain, including limited access to precise observational tools and varying levels of understanding among mosque administrators. Nevertheless, the majority of Muhammadiyah mosques have made efforts to implement the -18° criterion in accordance with the directives of the Muhammadiyah Central Leadership.

Between Transaction and Partnership: The Juridical Discrepancy in MLM Member Onboarding Based on DSN-MUI Fatwas in Makassar

2024-12-19T13:18:23+07:00

This research aims to analyze the recruitment methods used by Multi-Level Marketing (MLM) practitioners and to assess the relevance and compliance of these practices with the contractual provisions outlined in DSN-MUI fatwas. Employing a qualitative research approach, data were collected through observation, interviews, and documentation involving MLM companies in Makassar. The findings reveal that recruitment strategies commonly involve personal selling, hypnoselling techniques, promises of success, and flexing or marketing signaling. Notably, at the closing stage, companies apply the al-Ba’i Murabahah contract with prospective members, framing it as a business partnership within the same company. However, al-Ba’i Murabahah is inherently a transactional contract and not suited for intermediation purposes. The study demonstrates that the application of DSN-MUI fatwa-based contracts in MLM recruitment has not yet fully aligned with Sharia principles, particularly in terms of intermediation contracts. The appropriate model for member recruitment should be based on Mudharabah, where prospective members contribute effort, time, and skills to product distribution without initial capital investment. This study offers a novel critique of fatwa implementation in the context of MLM operations, highlighting the juridical disconnect between theoretical contract types and actual recruitment practices. The findings have practical implications for Sharia supervisory bodies and MLM operators to realign recruitment mechanisms with valid intermediation contracts, ensuring greater compliance with Islamic commercial ethics.

A Fiqh-Based Solution to Worship Practices During the Covid-19 Pandemic and Natural Disasters

2025-04-30T20:21:07+07:00

This study aims to explore the fiqh-based solutions for the implementation of Islamic worship during the Covid-19 pandemic and natural disasters. It examines how Islamic jurisprudence provides flexibility and prioritizes public safety without compromising religious obligations in emergency contexts. Using a qualitative normative approach, this research analyzes primary sources of Islamic law, including the Qur’an, Hadith, and classical fiqh literature, supplemented by contemporary fatwas and scholarly opinions. The study also applies maqāṣid al-sharī‘ah (objectives of Islamic law) principles to interpret worship practices amid health crises and natural disasters. Findings indicate that contemporary ulama universally emphasize the obligation to preserve life (ḥifẓ al-nafs) while maintaining religious duties. Fiqh accommodates emergency circumstances by permitting modifications or delays in worship, such as congregational prayers and fasting, without nullifying their spiritual value. The research highlights consensus on using protective health measures and endorsing vaccination during fasting, emphasizing that safeguarding health takes precedence. This research contributes to the growing body of Islamic jurisprudential discourse by offering a comprehensive fiqh framework tailored to unprecedented global health emergencies and environmental catastrophes. It bridges classical legal principles with modern public health concerns, providing practical religious guidance in times of crisis. The study serves as a reference for policymakers, religious authorities, and Muslim communities to develop informed, flexible worship protocols during emergencies. It also encourages further research into fiqh responses to socio-religious challenges beyond health crises, such as in economic and family law during pandemics or disasters.

The Fulfillment of Post-Divorce Rights for Former Wives and Children in Bantaeng Regency

2024-01-06T19:41:16+07:00

This study investigates the public understanding and practical realization of post-divorce rights for ex-wives and children in Bantaeng Regency, where 379 divorce cases were recorded in 2022. Despite clear legal provisions, many of these rights remain unfulfilled, reflecting a gap between legal rulings and social implementation. The purpose of this research is to examine how the local community perceives and practices the fulfillment of these rights in light of Maqāṣid al-Sharī‘ah, the higher objectives of Islamic law. This study investigates the public understanding and practical realization of post-divorce rights for ex-wives and children in Bantaeng Regency, where 379 divorce cases were recorded in 2022. Despite clear legal provisions, many of these rights remain unfulfilled, reflecting a gap between legal rulings and social implementation. The purpose of this research is to examine how the local community perceives and practices the fulfillment of these rights in light of Maqāṣid al-Sharī‘ah, the higher objectives of Islamic law. The findings reveal a significant disconnect between legal provisions and societal behavior. Although the Bantaeng Religious Court implements Supreme Court Circular (SEMA) No. 1 of 2017, which mandates the inclusion of post-divorce obligations (e.g., maintenance of iddah, mut'ah, and child support) in court verdicts, enforcement remains weak. When fathers neglect their responsibilities, mothers are often unaware of their right to request legal execution of these obligations. This research contributes original insights into the socio-legal dynamics of post-divorce justice in rural Indonesia. It highlights the need for broader legal literacy and institutional support. The study recommends that legal authorities and local governments actively disseminate information about SEMA No. 1 of 2017 to ensure post-divorce rights are properly understood and enforced.