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This qualitative study intends to identify and explore the trigger factors for the practice of nikah he yokal himago (nikah siri) in the dani tribal mulsim community in Jayawijaya, Papua. This qualitative study uses an empirical legal approach. The theory of effectiveness by Sarjono Soekanto became a theory of analysis. Data collection techniques use observation and interviews. Meanwhile, data analysis uses reduction, presentation, and verification. This study concludes that the factors of he yokal himago marriage vary, among others, the weak legal culture that assesses he yokal himago marriage has implications for financial attachment and social prestige for the woman. Then the low legal awareness that considers marriage as a private matter, and also yokal himago can be a solution for marriage that gets formal legal barriers. Furthermore, the role of non-legal legal structures is in the form of the role of religious figures in the implementation of he yokal himago marriage. The theoretical implications of this study show that serial marriage can be triggered by the complexity of the factors behind it, both socioeconomic, cultural, legal and religious. The limitations of this study have not examined the obstacles or challenges of government agencies, religious leaders and community leaders in preventing or minimizing he yokal himago marriage in the Dani tribal Muslim community in Jayawijaya

This research intends to identify the manifestations of religious moderation by Islamic groups in the history of the consesus of the basic formulation of the Indonesian state. This qualitative research uses a normative-historical approach. Various scientific literature on ideological struggles between Islamic and nationalist groups in the history of the basic formulation of the Indonesian state became the source of this research data. Four indicators of religious moderation formulated by the Ministry of Religious Affairs of the Republic of Indonesia became analytical theories in this study, including national commitment, tolerance, anti-violence, and accommodating to local culture. Data collection through documentation. The results showed that there are various indicators of religious moderation by Islamic groups in the history of acceptance of the basic consesus of the Indonesian state. First, indicators of tolerance and anti-radicalism in respecting and accepting the abolition of the 7 Words in the Jakarta Charter. Second, the indictor of national commitment in maintaining the integration of the nation and state. Third, indicators of accommodative indicators of local wisdom in upholding a culture of deliberation related to the plurality of socio-political life. The theoretical implications of this study show that it takes a paradigm and religious attitude of individual (group) Muslims that is inclusive, tolerant, symbiotic in the life of a multicultural society. The limitations of the research have not examined the pattern of understanding or religious attitudes of Islamic groups that do not want the consesus of Pancasila and the 1945 Constitution in the history of the basic formulation of the Indonesian state. This is urgent to be studied further

This study aims to identify the moderation of Huzaemah Tahido Yanggo's fiqh of the law of purity over homosexual acts. This is a qualitative research in the form of heirloom studies which uses a normative-philosophical approach. The paradigm of moderate fiqh conceptualized by M. Quraish Shihab becomes the theory of analysis. The results show that there is a paradigm basis for moderate fiqh in the construction of Huzaemah's fiqh on the law of purity over homosexual acts. This great conclusion can be seen from the following various aspects. The first aspect is the dimensions of the paradigm of fiqh al-maqashid and fiqh al-awlawiyat in the use of theological foundations that emphasize the realization of the benefit orientation of Islamic sharia, namely the regeneration of offspring (hifz al-nasl) and the protection of honor (hifz al-'ird). The second aspect is the paradigm pattern of fiqh al-muwazanat, and fiqh al-ma'alat in the basis of consideration of the impact of disease from a medical perspective, and violations of national legal norms in Indonesia. The pattern of the fiqh al-ma'alat paradigm can also be seen from Huzaemah's advice to the community and the government to realize preventive efforts, healing as well as rehabilitation and empowerment of homosexual actors to positive things. The theoretical implications of this study show that a holistic fiqh paradigm is needed in prohibiting homosexual acts, namely by involving multiple perspectives, such as medical, state norms, psychology and socio-cultural norms.

It is unfortunate that there is a bad stigma by some Muslims who view the mainstreaming of religious moderation in Indonesia as liberalization and secularization of religion in state life. This study intends to identify the values of maqasid shariah in the indicators of religious moderation formulated by the Ministry of Religion of the Republic of Indonesia. This literature research uses a normative-philosophical approach. The analytical theory used is the concept of the maqasid shariah approach developed by Jasser Auda. The results show that there are dimensions of maqasid shariah values in the four indicators of religious moderation in Indonesia. First, the dimension of the value of hifz waton (maintaining the benefit of the state) in the attitude indicator of national commitment. Hifz waton can be a paradigm in an effort to maintain the benefit of state life. Second, the value dimension of hifz 'ird (maintaining the benefit of honor and human dignity) in anti-radicalism indicators. The manifestation of hifz 'ird is in line with various efforts that uphold human values, including the safety of the human soul (hifz nafs). Third, the dimension of the value of the hifz ummah in the indicator of tolerance and accommodative to local culture. The manifestation of the hifz ummah through a tolerance and accommodative attitude towards the diversity of local Indonesian culture will be able to show the universal teachings of Islam, namely rahmatan lil alamin. The theoretical implication of this research is that the indicators of religious moderation in Indonesia are parallel to the universal benefit values that are the orientation of Islamic law (maqasid shariah). The limitation of this research is that it has not studied the form of transformation of religious moderation values in the positivity of Islamic law in Indonesia.

The problem of the motive or ideological pattern of da'wah that is scattered, both in the real and virtual world, has prompted the Indonesian Ulema Council (MUI) in 2017 to set guidelines for preachers in Indonesia. These guidelines are intended to be a code of ethics for da'i who carry out da'wah activities in Indonesia. This qualitative research in the form of a literature study intends to identify the dimensions of mainstreaming religious moderation values in the orientation of da'wah in Indonesia as formulated by the MUI. This study uses a normative-philosophical approach. The analytical theory used, namely four indicators of religious moderation formulated by the Ministry of Religion of the Republic of Indonesia in the form of anti-radicalism values, national commitment, tolerance, and accommodative to local culture. The results of the study conclude that there are dimensions of mainstreaming religious moderation values, dimensions of religious moderation values in da'wah orientation in Indonesia which were formulated by the Indonesian Ulema Council. First, the value of anti-radicalism in the orientation of religious-humanist Islamic religious character formation. Second, the value of national commitment and tolerance in the orientation of forming a nationalist and pluralist Islamic religious character. Third, the accommodative value of culture in the orientation of forming an innovative and harmonious Islamic religious character. The theoretical implication of this research shows that the prophetic Islamic social values contained in the da'wah orientation can be objectified in the life of a country that has a pluralistic social and religious background.

Behind the pro-contra polemic of imposing castration legal sanctions for criminals of pedophilia in Indonesia, doctors have a dilemma as a profession that is considered to have medical competence and is worthy of being executors. It is due to the principle of maintaining the safety of human souls and the prohibition of taking action that endangers the lives of others in the code of ethics for the medical profession. The research seeks to present the perspective of Islamic legal philosophy in analyzing the arguments in the Indonesian Doctors Association (IDI) rejection as the executor of the punishment for castration. This research is qualitative in the form of a literature review. This type of legal research is included in the category of philosophical normative Islamic law research using Islamic law principles (qawaid fiqhiyah). This research concludes that the principle of not endangering the safety of others in the medical profession is parallel to the rules of Islamic law (fiqh) which reads al-ḍararu yuzālu (fade must be eliminated). However, the provisions of the fiqh rule are not absolute. It means that under certain conditions, the act of harming someone is allowed in order to create public benefit (al-maslahat al-ammah). Therefore, a doctor who serves as executor in applying the caste penalty for pedophile offenders does not contradict the philosophy of Islamic law.

This study aims to explore and identify the philosophical basis and features of Abdurrahman Wahid's approach to Islamic law regarding the implementation model of Islamic law in Indonesia. This research is a qualitative research in the form of literature review. This research is included in the category of philosophical normative Islamic law research. The theory used as a theory of analysis is the theory of the formalization paradigm of Islamic law. There are two major conclusions in this study. First. First, the indigenousization of Islam is Abdurrahman Wahid’s philosophical foundation for the implementation model of Islamic law through the method of contextual interpretation and contextualization of classical Islamic law. Second, Abdurrahman Wahid’s approach related to the implementation of Islamic law in the context of people's life in Indonesia is a cultural substantive approach

The spread of hoax news related to whether it is safe or not and whether or not the use of the Covid-19 vaccine is lawful has created a pro-contra attitude among the Indonesian people towards the Covid-19 vaccination program. For this reason, the Indonesian Ulema Council (MUI) has issued a fatwa to provide legal enlightenment on the halal use of the Covid-19 vaccine. This study examines in depth the construction of the fatwa and identifies the Islamic law development model used in constructing the fatwa. This research is purely philosophical normative and uses the models of Islamic legal development proposed by Jasser Auda. The results of the study conclude that the construction of the MUI fatwa on the halalness of the Sinovac vaccine had used a holistic model of Islamic law. This is indicated by some characteristics inherent in the construction of the fatwa namely : (i) the wholeness and multidimensional character, which is indicated by the use of universal textual arguments ('aam). (ii) the purposive character, which isindicated by the use of various fiqh rules emphasizing the realization of benefit as the basis and orientation of legal determination. (iii) the openness characterwhich is indicated by the acceptance of the health and medical science principles which incidentally is outside the field of Islamic law

This study aims to find the pattern of ijtihad in the renewal of waqf law in Indonesia as stipulated in Law No. 41 of 2004. The focus of the object of this research is Article 1 regarding the existence of waqf, Article 16 regarding waqf objects, and Article 40 concerning changes in the status of property. waqf. This research is a qualitative research in the form of literature review. This type of Islamic legal research is included in the category of philosophical normative legal research. The analytical theory used is the contemporary typology of ijtihad proposed by Yusuf al-Qaradawi. This research concludes that the construction of waqf legal reform in Article 1 regarding the existence of waqf, Article 16 regarding the object of waqf, and Article 40 regarding changes in the status of waqf assets tends to use the ijtihad intiqa'i approach, which is to choose a legal opinion of the classical fiqh school which is relevant to developmental conditions and needs of modern society. However, in article 40, the author considers that there is a selection of legal opinions from the jurisprudence schools that do not allow to sell or replace waqf objects which will cause problems in their application. This is because the waqf object in certain conditions can suffer damage and loss of benefit. Therefore, the legal construction in article 40 can be reconsidered.

This research aims to understand the existence of the Compilation of Islamic Law (KHI) and its status in the political perspective of the formation of law. In addition, it is also to understand the existence of KHI in the midst of the liberalism movement of Islamic legal thinking in Indonesia. This research is a qualitative research in the form of literature review. While the type of legal research in this study, namely historical normative legal research. There are two big conclusions from the results of this study. The First, the formation of KHI accommodates orthodox and responsive legal strategies. The second, the existence of KHI remains consistent even though there have been many thoughtful efforts and studies that have criticized it. This is due to the criticism only as the impact of the opening of the democratic climate for the liberal movement of Islamic thought in the public sphere.

This study aims to reveal social prophetic values ​​in the principles of political ethics in Indonesia. This research is a qualitative research in the form of literature review. This type of legal research is normative legal research with a philosophical approach. The primary data source of this research is the text of the code of ethics of politicians and political parties. Meanwhile, secondary data sources use various scientific studies that are relevant to the object of discussion. The analytical theory approach used is Kuntowijoyo's social prophetic paradigm theory. This study concludes that the various principles of political ethics in Indonesia are parallel with the values ​​of humanization, liberation and transcendence. First, the principle of public benefit is parallel to the teachings of ukhuwah insaniyah and ta'awun insani. Second, the principle of honesty is parallel to the nature of shiddiq. Third, the principles of integrity and professionalism are parallel to the teachings of the khaira ummah, justice, deliberation, ulul albab, Imamat, and tauhid which are liberating. Fourth, the principle of accountability parallel with amanah. Fifth, this principle of justice is parallel to the universal teaching of Islam in the form of al-adalah.

This study aims to reveal the philosophical values of Islamic law in the three ethical codes of NetizMu Muhammadiyah. This research is a literature review. The type of Islamic legal research in this study is a philosophical normative Islamic law research with an Islamic legal philosophy approach. The primary data source of this research, namely the NetizMU Muhammadiyah code of ethics), and secondary data using various relevant scientific researches. The theory used is a systems philosophy approach in Islamic law initiated by Jasser Auda.. This study concludes that there are values ​​of Islamic law philosophy in the three NetizMU codes of ethics. First, the value of religious protection (hifz al-din) in the context of making the prophetic social values ​​of religion the main basis for the code of ethics for the use of social media. Second, the value of public benefit (al-maslahat al-ammah) in the code of ethics for the use of social media as a medium for humanization (amar makruf) and liberation (nahi munkar). Third, the value of intellectual protection (hifz al-'aql) in the context of a code of ethics limiting freedom of expression, both in the form of information and communication on social media.

Whether we realize it or not, gender inequality is one of the social problems that we can easily find in people's lives. The problem of gender bias can occur in various aspects of life, including the aspect of legal rights, such as the right as guardian of marriage in Indonesia. This study aims to find a discourse analysis of the opportunities for women as marriage guardians in Indonesia. This study employs empirical normative legal method. The primary data sources are the Compilation of Islamic Law (KHI) and social observation. The secondary data sources used were various other relevant studies. Meanwhile, the theory used as a tool of analysis is the sociological theory of Islamic law from Ibn Qayyim al-Jauzi regarding changes in Islamic law. This study concludes that based on the pattern of equality of gender relations in Indonesian society, granting the right of authority as guardian of marriage to female relatives is a form of istihsan bi al-'urf, the change of law from general law (kulii) to special or casuistic law (juz'i) based on existing culture or custom. This is parallel with Ibn Qayyim's theory of change in Islamic law which makes conditions (ahwal) and culture ('adat) part of the factors of changing Islamic law.