Browsing by Author "Syafiq Hasyim"

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    A study of Fatwa-making : Indonesian Ulama Council (Majelis Ulama Indonesia, MUI) and classical Islamic discourse on interfaith marriages
    (Universitas Islam Internasional Indonesia, 2023) Muhammad Arrafii; Syafiq Hasyim
    The issue of interfaith marriage has become a religious polemic that continues to exist in society. In Indonesia, the Indonesian Ulama Council (or Majelis Ulama Indonesia) has issued fatwas banning religious differences since 1975, 1981, 1986, until 2005. All of which prohibit the marriage of Muslim men with non-Muslims. Interestingly, the MUI's fatwa opposed the majority of classical scholars, because Muslim men with non-Muslim women are permissible in classical literature. On the other hand, Muslim communities in Muslim-majority countries have progressively transcended racial, religious, and social differences. The rate of interfaith marriage in Muslim countries is increasing due to globalization, which has raised such controversial issues that some contemporary scholars have reinterpreted the issue based on understanding the related scriptural text. However, this study will examine the interfaith marriage of the MUI fatwa by reviewing the views of classical scholars on the issue. This study aims to answer questions about: first, how legal doctrine proposed by classical scholars and contemporary scholars is; second, the background to the MUI fatwa and the basis for the arguments presented; and third, the dynamics of the emergence of interfaith marriage rules in Indonesia. This study compared Islamic legal tradition with MUI fatwa arguments in its analysis. This study employs classical Islamic literature such tafsir books, the book of comparative figh madhhab (or schools), and MUI's document related to the study's topic. However, this research revealed that the Islamic legal tradition has influenced the formulation of the fatwa-making on interfaith marriage from the MUI'S standpoint, which disregarded modern viewpoints when examining the interfaith marriage issue. This study adds to the body of information or range of perspectives on the subject of interfaith marriage.
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    Prioritizing Life over Religion in Indonesia’s Covid-19 Fatwas : The Fatwas of NU, Muhammadiyah, and MUI
    (Center for the Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University (UIN) Jakarta, 2023) Syafiq Hasyim
    The outbreak of Covid-19 in early 2020 introduced a new angle on the use of Islamic legal argument in Indonesian fatwas. The argument of prioritizing life (ḥifẓ al-ḥayā), rarely considered as a legal argument of fatwa-making, arose during the outbreak of Covid-19. This article seeks to examine the espousal of prioritizing life in Indonesian fatwas in relation to Covid-19. It uncovers the theological, social, and political reasons behind the decision to prioritize the ḥifẓ al-ḥayā. It examines fatwas on Covid-19 issued by three mainstream Islamic organizations NU, Muhammadiyah, and MUI that indicate their reluctance to adopt the argument of prioritizing life in their fatwas. This article uses an interdisciplinary approach combining the interpretation of Islamic legal theory, Islamic jurisprudence, and social sciences analysis. Finally, this article demonstrates how pro-life fatwas, by adapting to the pandemic era by prioritizing life as legal argument, benefits religion in general.
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    The development of fatwa on house of worship in Hanafi school : study on changes, dynamics, and justifications
    (Universitas Islam Internasional Indonesia, 2024) Waskito Wibowo; Syafiq Hasyim
    This thesis seeks to reveal the development of fiqh rule regarding non-Muslim houses of worship, which is a sensitive object in the history of Muslim societies across the periods. This thesis has two main objectives they are 1) to portray how Hanafi jurists' opinions on non-Muslim houses of worship undergo change and continuity among them along with the influencing factors by taking objects across time and place, and 2) to reveal how several modern Muslim countries, especially countries with the majority of Hanafi madhab adherents, determine their attitude between implementing Islamic law or accommodating the needs of non-Muslims. By employing a literature study using a sociolegal approach that combines legal analysis and sociological perspectives, this thesis proposed an argument that the intellectual pattern and framework of the Hanafi School, which tends to use rationality, often interplay and negotiate intricately with socio-political conditions so that the existence of a fiqh rule on the house of worship occasionally becomes erratic between sticking to norms by prohibiting them or being more open by giving permission but with certain conditions.
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    The Politics of ‘Halal’: From Cultural to Structural Shariatisation in Indonesia
    (SSRN, 2022-03-01) Syafiq Hasyim
    This article seeks to explain the politics of halal and its connection to the model of ongoing ‘shariatisation’ through an investigation of the institutionalisation of shariatisation of goods in Indonesia. It illustrates the historical steps of halal institutionalisation in Indonesia, fom from the issuance of early fatwas on halal to the establishment of a state halal body. It assesses a contest between the two models of shariatisation: first, state-enforced shariatisation, epitomised by the Ministry of Religious Affairs; and second, community-enforced shariatisation, epitomised by Council of Indonesian Ulama. This article argues that contest between the state and society over the shariatisation of goods in Indonesia is part of a dynamic process towards shariatisation. The shariatisation of goods is not merely about politics and theology but also involves lifestyle and commodification issues. I conclude that shariatisation that begins as cultural shariatisation has more sustainability and legitimacy than ‘structural’, that is, state-imposed, shariatisation.
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    Women leadership at higher education in Indonesia and Malaysia : a comparative study on muslim society
    (Universitas Islam Internasional Indonesia, 2024) Alifia Zahratul Adha; Syafiq Hasyim
    This study explores the leadership experiences of women in Indonesia and Malaysia at universities. As is currently being discussed, women's leadership is still below 30%, both in the government and education sectors, even though there are many governments and non-government programs that emphasize the importance of women's leadership and also about the rights of women who should also be able to lead, such as SDGS number 5 which socializes the importance of gender equality in various sectors. This phenomenon persists despite significant progress made in increasing women's participation in higher education. Here researchers explore the history, reasons and solutions for the lag behind women in leadership at universities in Muslim-majority countries, namely Indonesia and Malaysia. Using qualitative methods, researchers conducted literature studies and also interviewed several faculty deans from both Indonesia and Malaysia. And the glass ceiling theory explains that there are obstacles for women to advance to higher levels of office, so that it is difficult for women to become leaders. And in this research, researchers found that several factors with the most influential values, such as religious interpretation and patriarchy, are no longer strong barriers. The results of this research in interviews show that women in Indonesia and Malaysia do not have a mature readiness to lead and prioritize family in comparison. leadership itself. This is certainly caused by various factors such as the lack of leadership training for women. By acknowledging and addressing the cultural, religious, and institutional barriers that hinder women's leadership, this study proposes strategies for bridging the gender gap in senior academic leadership and promoting gender justice and equality in these contexts. Finally, this research contributes to a deeper understanding of the complex factors that shape women's leadership in higher education and suggest practices that can help to break the glass ceiling and promote women's empowerment in these two countries.