Browsing by Author "Moh. Muafiqul Khalid MD"

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    Tracing the trialectic : the process and influence of three laws in the establishment of religious courts in Indonesia
    (Institut Agama Islam Negeri Ponorogo, 2024-06-25) Moh. Muafiqul Khalid MD; Aldi Hidayat; Muhammad Alan Juhri; Solehah, Elvina Lintang
    This article discusses the legal trialectic in establishing the Religious Courts in Indonesia. Since its establishment in 1882, the Religious Courts have not fully represented Islamic law as its primary source. To trace this trialectic, the author uses Ebrahim Moosa's theoretical framework of "transculturation, counterpoints, social imaginary, networks, and legal orientalism." For this purpose, the author proposes two problem formulations. First, what is the process of trialectic attraction between Islamic law, positive law, and customary law in the establishment of the Religious Courts? Second, what is the extent of the influence of positive and customary law in limiting the role of Islamic law? The author offers two novelties, namely methodological novelty in Indonesian Islamic studies, by adopting Ebrahim Moosa's theory. Finally, the conclusive novelty is that the Religious Court is not derived from Islam but from the trialectic of three laws. The practical contribution of this study is to re-question the roles of religious courts in formalizing and implementing Islamic law in Indonesia, with the hope that religious courts will become a dialectical space where Islamic law continues to develop so that it can make a practical contribution to contemporary Indonesian society.
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    Transformations and contestations of Islamic authority : traditionalist Muslim resistance to Bā’alawī in contemporary Indonesia
    (Universitas Islam Internasional Indonesia, 2024) Moh. Muafiqul Khalid MD; Syamsul Rijal
    This thesis investigates the growing resistance over the past three years by certain traditionalist Muslim leaders and scholars in Indonesia towards the Bā’alawī, a Hadhrami group claiming descent from the Prophet Muhammad. Initiated by Imaduddin Utsman through a critical examination of lineage records, this initial rejection has led to widespread reactions against the Bā’alawī lineage. These narratives of rejection (Bā’alawī rejectionists) have proliferated across social media, Islamic study assemblies (majlis taklim), and academic platforms. Conversely, responses from the Bā’alawī and their traditionalist supporters (Bā’alawī supporters) affirm the authenticity of their lineage. This phenomenon is unprecedented, given the historically esteemed position of the Bā’alawī within traditionalist Muslim contexts. This research identifies this phenomenon as a contestation of religious authority within traditionalist circles. It elucidates the underlying reasons, the processes through which it unfolds, and its impact on both the religious authority of the Bā’alawī and the broader authority of traditionalist Islam. Drawing on Anthony Giddens' structuration theory, this study indicates that the traditionalist rejection and reactions towards the Bā’alawī is a sociological phenomenon arising from the interaction between actors (Bā’alawī rejectionists) and social structures. Employing a qualitative approach that includes interviews, observations, and documentation, this research uncovers the motives and reasons behind the rejection from traditionalist NU circles towards the existence of the Bā’alawī. Through analyzing narratives from both Bā’alawī rejectionists and supporters, the study argues that the rejection is driven not only by theological differences but also by complex socio-political dynamics. The transformation of traditionalist societal structures, influenced by globalization and digitalization, reshapes the perception and practice of religious authority, leading to contests between traditional actors and new authorities, as well as among traditional authorities themselves.