NEGOTIATING STATE RULES WITH MANHAJ: PRACTICES OF ISLAMIC FAMILY LAW WITHIN SALAFI MUSLIMS IN WIROKERTEN YOGYAKARTA

Fatum Abubakar, NIM.: 1630016031 (2020) NEGOTIATING STATE RULES WITH MANHAJ: PRACTICES OF ISLAMIC FAMILY LAW WITHIN SALAFI MUSLIMS IN WIROKERTEN YOGYAKARTA. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (NEGOTIATING STATE RULES WITH MANHAJ: PRACTICES OF ISLAMIC FAMILY LAW WITHIN SALAFI MUSLIMS IN WIROKERTEN YOGYAKARTA) 1630016031_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (9MB) | Preview
	Text (NEGOTIATING STATE RULES WITH MANHAJ: PRACTICES OF ISLAMIC FAMILY LAW WITHIN SALAFI MUSLIMS IN WIROKERTEN YOGYAKARTA) 1630016031_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (14MB) | Request a copy

Abstract

This dissertation deals with the negotiation of state rules with manhaj in relation to practices of Islamic Family Law within the Salafi Muslim community in Wirokerten, Yogyakarta. Drawing on Anthony Gidden’s theory of structure and agency, this dissertation will answer the following research questions: 1) How is marriage law practiced in the Salafi community in Wirokerten?; 2) How are the Salafi teachings negotiated with Indonesian marriage law in Wirokerten?; and 3) Who has played an important role in shaping the Wirokerten Salafi Community's understanding of marital law and regulations? Supporting data has been obtained from both bibliographical and empirical investigations. The state has decided on legal guidelines regarding marriage regulations, called the Compilation of Islamic Law (the KHI), in 1991 as a form of refinement of Law No. 1 of 1974 concerning Marriage. This law aims to regulate and provide legal guidelines for carrying out Islamic legal practices in terms of marriage, inheritance and so on. The existence of a single legal guideline issued by the state, however, does not rule out the possibility of practical diversity of marriage law in the Indonesian Muslim community. The door of ijtihad is always open for Muslims to find a legal basis for their context at hand and allows the possibility of the emergence of diversity in schools or manhaj within Islam. As found in the reform movement that entered Indonesia after the fall of the New Order regime (post 1998), the teachings have returned to the Qur’an and the Hadith, also referred to as the Salafi manhaj, which has raised a new style of religious democratic practice in Indonesia. The form of negotiation carried out by the state with the Wirokerten Salafi community is the same negotiation that is carried out by the state with the community in general, that is, applying marriage law which is in accordance with the law of Indonesia. The Salafi Wirokerten community comply with marital law as stipulated by the state, including laws that govern marriage procedures and the recommendation or obligation to register marriages, both monogamous and polygamous. In addition, they agree on the existence of two types of guardians, namely the nasab guardian and wali hakim (authorized guardian). The also agree to record polygamous marriages in accordance with the state requirements by including a statement of willingness from the first wife or previous wives, disagree with sirri> marriage because it could be detrimental to the women, and do not practice underage marriage. The Salafi women view polygamy as sharing. All this leads to the Salafi women of Wirokerten being more empowered, as has been put forward by Samia Huq with her discussion of self-interest and self- expression. The cooperative attitude of the Wirokerten Salafi community concerning the marital regulations set by the state are basically for the needs and interests of the Salafi community itself, i.e., for attaining legal protection, for administrative requirements for registration of children at educational institutions, for obtaining social assistance from the state, and for accessing health services. In general, the marriage law practiced by the Wirokerten Salafi community is based on shari>’ah according to the Salafi manhaj. As previously mentioned, the Wirokerten Salafi community complies with state regulations, unless there are discrepancies between the state law and Salafi manhaj. In the incidence of this, the community prefers to follow the shari'ah according to the Salafi manhaj rather than the state regulations. The author refers to this as ideological-substantial accommodation: the decision to obey state rules specifically for their ideological substances. Meanwhile, the parties that shape the understanding of marital law of the Salafi Wirokerten community are generally the Usta>dh in religious forums. The Usta>dhah has a significant role in transferring the understanding of Salafi manhaj, including in the marriage law issues, to both the akhwa>t (girls) and ummaha>t (mother) circles of the Wirokerten Salafi> community. In the sense of theoretical implication, drawing on Gidden’s theory of structuration led the author to not only analyze the practices of marriage that have resulted in a change of legal understanding but also to uncover agent patterns in the empowerment of the Salafi women. That being said, on numerous occasions the research data and findings of this dissertation are supported by other theories. The theory of MacLeod, ‚Accommodation Protest‛ was found to strengthen Gidden’s theory about the relationship between Agent and Structure.

Share this knowledge with your friends :

Actions (login required)

View Item