Regulation issued by the Ministry of Research, Technology and Higher Education Number 30 of 2021 about prevention and handling of sexual violence in campus has raised pros and cons among Indonesian Muslims because several articles allegedly provide sexual freedom on campus with an editorial “except with the victim consent”. The editorial seems to strongly prioritize one of the principles of Progressive Islam activists; on the other hand, there are philosophical values of the Islamic law that are not realized, especially in protecting dignity and heredity (hifz al-nasb). This study aims to reveal the implementation of progressive Islam in the regulation, and then the realization of progressive Islam will also be seen from the philosophical point of view of Islamic law. This research is qualitative by using data from library research. The results of the study indicate that the Ministerial Regulation has implemented one of the progressive Islamic concepts by prioritizing international human rights as the rationale, and the implementation of progressive Islam that relies on international human rights is not in line with the philosophy of Islamic law which highly upholds the protection of dignity and heredity (hifz al-nasb) from the side of maslahah al-hajiya. Therefore, the editorial must be changed, in order to achieve the benefit of the world and the hereafter for Indonesian Muslims.
<p>High heirloom assets are assets that are jointly owned by a people who have blood ties and are inherited from generation to generation from previous ancestors, and these assets are under the management of the head of the inheritance (eldest male in the clan). High heirlooms do not belong to individuals, but belong to a group together. Inheritance from high inheritance applies a collective system, namely the property is not divided and delivered to the recipient group in the form of an undivided unit. To guarantee land ownership for its people, the government makes rules regarding land ownership, namely Law no. 5 of 1960. With this law, many people have certified their land, including high inheritance in the form of ulayat land in Muaro Paiti village, as private property rights recognized by law. As a result of the certificate of high inheritance into private property, of course, the system of inheritance of high inheritance has changed into inheritance according to the laws in force in Indonesia, namely Islamic inheritance.</p>
This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.
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