Browsing by Author "Zezen Zaenal Mutaqin"

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    Absent husband between tradition and modernity : examining the implementation of Islamic family law in contemporary Indonesia
    (Universitas Islam Internasional Indonesia, 2024) Inna A’thoina; Zezen Zaenal Mutaqin
    This thesis examines the status of absent husbands in contemporary Indonesia from a socio-legal perspective, which demonstrates the dynamics in determining the law between classical Islamic law and the modern legal system on the implementation of family law that occurred when applied in a modern context. This research with a socio-legal approach employed an integrated method between normative juridical legal research by obtaining court decisions from the last five years (2020-2024) to make it relevant to current conditions and statutory documents as primary data and empirical juridical research by conducting an in-depth interview, consisting of an abandoned wife of the absent husband and the lawyer who dealt with this case. This study presents two key arguments: First, the Compilation of Islamic Law (KHI) in Indonesia, intended to codify and unify Islamic law, has not adequately addressed the issue of absent husbands, leading to varied judicial interpretations and potential legal injustice, unlike the clear guidelines provided by classical Islamic jurisprudence. Second, the common waiting period of two years for an abandoned wife to file for divorce in absent husband cases appears to be related to the form of "taklik talak" (a unilateral divorce declaration by the husband) that has existed since the Dutch colonial era. The research also highlights the significantly higher number of "ghaib" cases (where the wife files for divorce due to the husband's disappearance) compared to "mafqud" cases (where the court determines the legal status of a missing person) in Indonesia over the last five years, with a 10% increase in divorce rates during 2020-2021 due to the economic impact of the COVID-19 pandemic. This study contributes to the scholarly discourse on the evolving nature of Islamic family law in the face of modern challenges, emphasizing the need for a more holistic and comprehensive approach that combines formal legal requirements with a deeper understanding of the underlying social and ethical issues to achieve greater equality and justice for abandoned wives in absent husband cases.
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    Countermarginalization and fostering a sense of belonging : a case study of Muslim sexual minorities in Indonesia
    (Universitas Islam Internasional Indonesia, 2023) Maysa Sonia Alam Rahman; Zezen Zaenal Mutaqin
    This study aims to fill the existing gap in the discussion between Islam and sexual minority groups by exploring the strategies and methods that are employed by Muslim sexual minorities group in Indonesia in claiming their part as wider Indonesian Muslims. The research object of this study is Amar Alfikar, a transmale individual that represents an understudied subject within sexuality discourse. This thesis intends to particularly observe the trajectory of the advocacy of Alfikar in promoting alternative interpretation in Islamic studies. By employing Social Identity Theory developed by Henri Tajfel and John Turner as the theoretical framework, this thesis delves further into the advocacy and community of Alfikar and argues that Iqamah, an Islamic study community established by him serves as a representation of a new reality. The research methodology involves qualitative method, which focuses on analyzing his book 'Queer Menafsir: Islamic Theology for Diverse Bodies' and observing the Iqamah community. Literature review was used to critically analyze the ideas and alternative interpretations that Alfikar advocates in "Queer Menafsir,' while digital ethnography is employed by being part of Iqamah to observe the activities of the members. The findings of the study indicate that to be part of the wider Indonesian Muslim community, Iqamah serves as an alternate reality that caters for their experiences as part of Indonesian Muslims and fosters their sense of belonging. This research also emphasizes the paradox of tolerance that is applied towards sexual minority communities in Indonesia and suggests that equating the definition of tolerance as one of possible solution in situating the position of minorities community within the wider Indonesian community.
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    Forced marriage and sex trafficking under the guise of nikah siri in Indonesia
    (Center for the Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University (UIN) Jakarta, 2024) Zezen Zaenal Mutaqin; Yayan Sopyan
    Prostitution, forced marriage, and sex trafficking have long been practiced in the Puncak area of West Java, Indonesia. The practice is condoned not only by the surrounding community but also by state officials. This paper resulted from our field research, interviews, and observation in the Puncak area. In addition, it includes an extensive literature review, which encompasses the study of Indonesian and international law regulation, academic writing, and media reports. This paper seeks to uncover the reasons why the practices of sex trafficking and forced marriage are tolerated and what has led to this approval. By dwelling on legal, historical, and anthropological studies, this paper argues that the practices are tolerated because they hide behind a thick veil of cultural-religious justification and are obscured by legal tricks/stratagems, which we call 'trafficking framing.' This framing conceals and camouflages sex trafficking and forced marriage under accepted legal-cultural practices. This paper seeks to uncover the veil of trafficking framing and reveal that the practice of secret marriage (nikah siri) in Puncak is nothing but sex trafficking.
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    Gus Yahya and the NU’s New Path: Note on the 34th Congress
    (Pusat Pengkajian Islam dan Masyarakat (PPIM) Universitas Islam Negeri Syarif Hidayatullah Jakarta, 2022) Zezen Zaenal Mutaqin
    The 34th Nahdlatul Ulama (NU) Congress in Lampung was organized in an unusual situation. It was the first kind of NU congress organized in the era of a global pandemic. The date of congress itself was a subject of controversy and debated by competing candidates due to the lockdown, a standard measure taken by the government to control the spread of the Covid-19 virus. There was even an idea to postpone the congress altogether and asked K.H. Said Aqil Siradj, the incumbent leader, to stay indefinitely until the situation is back to normal. However, after a tussle and negotiation, finally, all factions agreed that the congress would be organized at the initial date planned by the Central Board of NU (Pengurus Besar Nahdlatul Ulama, PBNU), which was at the end of December (22-23 December 2021). At that time, the case of Covid-19 was relatively low, and the gap was perfect for a congress.
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    Religious, customary marriage, and legal boundaries : navigating between recognition and effective implementation in Ivorian family law
    (Universitas Islam Internasional Indonesia, 2024) Abdoulaye, Bamba; Zezen Zaenal Mutaqin
    Religious, cultural, and ethnic diversity are intrinsic to humanity, and their harmonization is a central topic of intellectual debate. Since its independence, Ivory Coast has implemented a family law that ignores these aspects, creating a gap between the legislation and the matrimonial practices of Ivorians. This research argues that Ivory Coast must adopt a pluralistic legal system within its civil code to better reflect the diversity of its population. To achieve this goal, we used socio-legal theory to examine the interaction between law and society, collecting data from administrative documents, articles, and interviews with participants from religious and customary structures. The findings are as follows: First, the exclusion of religious and customary marriages since independence is due to various factors, such as the colonial legacy of the constitution, the founding president’s vision of unity, administrative challenges, international human rights agreements, and a societal reality that hinders the integration of these marriages. Second, establishing a pluralistic system in family law poses administrative challenges, but this can be overcome through close collaboration between legislators and experts in religious jurisprudence, as well as through the involvement of customary leaders. Finally, the interviews revealed the urgent need to revise Ivorian family law to better represent the country’s ethnic, religious, and cultural diversities. This research therefore proposes to adopt a pluralistic system that takes this diversity into account. It offers new perspectives for religious, customary, and legislative practitioners to find solutions to the recognition of religious and customary marriages. For future research, we recommend adopting a mixed methodology to more precisely identify these marriages, conducting empirical research among institutions and the population, as well as comparative studies between Ivory Coast and other countries. These studies could help authorities envision a pluralistic legal system that protects the rights of all Ivorian citizens.
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    The progressive female ulama : negotiating views in the public and domestic sphere
    (Universitas Islam Internasional Indonesia, 2023) Rachma Vina Tsurayya; Zezen Zaenal Mutaqin
    This study focuses on the public and domestic negotiations of pesantren's progressive female ulamas. The interlocutors are six Nyai, a female pesantren leader, and women activist selected from several public organizations. This thesis indicates the two sides of domestic progressive negotiation, specifically "the changing and the unchanging" progressive perspective. The changing perspective indicate the lack of consistency in their progressive view (progressive in public life but yet conservative in their domestic sphere) while the unchanging ones show that those actors uphold their progressive view consistently both at domestic and public sphere. The factors that triggered inconsistency or "the changing progressive view" are culture, family background, and religious-dogma. Meanwhile, the consistency of the progressive view or "the unchanging one" is caused by education, social and family support, as well as other direct personal experience. I argue that these factors greatly influence the negotiation of progressive female ulama in domestic life.