al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143
ISSN: 1907-591X, E-ISSN: 2442-3084
DOI: https://doi.org/10.19105/al-lhkam.v20i1.18230

Smoking, Hijab and Gender Identity:
Social Jurisprudence Perspective on Indonesian
Muslim Women in Café Bars
Wahyu Nisawati Mafrukha

Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia
email: wmafrukha@gmail.com

Mohammad J. Thalgi

Yarmouk University, Jordan
email: mohammed.t@yu.edu.jo

Sarah Khairani Harahap

Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia
email: sarahkhairaniharahap@gmail.com

Ar Rasyid Fajar Nasrullah

Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia
email: rasyidfajarn@gmail.com

Hamida Nurul Azizah

Universitas Pendidikan Indonesia, Bandung, Indonesia
email: nahamida@upi.edu
Article history: Received: January 20, 2025, Accepted: May 12, 2025,
Published: May 31, 2025

Abstract

Indonesian Ulema Council (MUI) in 2009 declared that
smoking is ḥarām for women, and children, or when held in
public places. However, these practices still happen now. It
triggers researchers to explore; how the wider social
environment regulates the process of internalization and
normalization of smoking among Muslim women and the
uninvited norms that are religious and social; how religion,
gender, and socio-cultural relations shape the attitudes and
behavior of Muslim women smoking, and; how social
Author correspondence email: mohammed.t@yu.edu.jo
Available online at: http://ejournal.iainmadura.ac.id/index.php/alihkam/
Copyright (c) 2025 by Al-Ihkam, Jurnal Hukum dan Pranata Sosial

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

jurisprudence views those problems. This study uses a
qualitative approach, which includes observation, interviews,
and a literature review with descriptive analysis that considers
the principles of social jurisprudence in socio-religious
relations. Conducted with an interpretive qualitative paradigm
and from a phenomenological epistemology, the study
employs the habitus theory by Pierre Bourdieu as well as
agency, piety, and embodiment by Eva F. Nisa to explore the
intersectionality of faith, culture, and individual agency. Five
Muslim women interviewed from five different provinces of
Indonesia show how religious ideals clash with gender norms
and modernity. The study indicates that familial factors, peers,
and media socialization overshadow religious prohibitions
against smoking. People adjust religious teachings to specific
situations in the way they want since they do not wish the
fatwa to control their lives. The café bar is a counter space
where women perform defiance and assert ethnic otherness
while adhering to patriarchal and religious expectations.
Tobacco advertising, in particular, relates views of smoking to
economic factors that also contribute to the associated
stereotypes of modernity and freedom.

Keywords:

Muslim women; Smoking; Hijab; Social jurisprudence;
Gender norms

Introduction
Numerous cross-sectional and longitudinal studies conducted
over the past fifty years have demonstrated that individuals who are
more religious pay more attention to health aspects.1 A systematic
review of second-hand smoking in mass media campaigns (2002-2022)
found that exposure to second-hand smoke (SHS) can increase the risk
of chronic diseases in adults, as well as ischemic heart disease and
lung cancer, sudden infant death syndrome (SIDS), and other health
problems in children. The 2019 Global Burden of Disease Study
estimated that SHS exposure contributed to 1.3 million premature
deaths worldwide, with approximately 50,000 of these deaths
1 Harold G Koenig et al., “The Relationship Between Religious Activities and
Cigarette Smoking in Older Adults,” The Journals of Gerontology: Series A 53, no. 6
(1998): 426–34, https://doi.org/10.1093/gerona/53A.6.M426.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

117

Wahyu Nisawati Mafrukha, et al.

occurring in children under 14 years of age.2 Another study looked at
passive agencies owned by female smokers in Yogyakarta, which
serves to maintain the habit of smoking despite social pressure and
inherent stigma. The study shows that female smokers act within the
limits set by social norms and structures, but still have control over
their actions, such as choosing the type of cigarette, the comfortable
place to smoke, moreover the beverages they prefer.3
Interestingly, amid modernity, some Indonesian Muslim
communities have made smoking a necessity. As the author found in
the field and based on the results of preliminary interviews in this
research with five Indonesian Muslim women from different
provinces, they have a smoking habit and like to go to café bars. They
are two activities that Indonesian society generally considers to be
very contradictory to the pious values of Muslim women, particularly
those wearing hijab. The hijab, meanwhile, is often a symbol of piety
in public and private spaces.4 In scientific literature, it is stated that
pubs or bars are deemed as places that serve alcoholic drinks, which
are considered an essential element in informal work culture for
building professional networks. These norms impact Muslim women
who do not consume alcohol due to religious prohibitions, causing
emotional and professional challenges in their attempts to adapt to
the practice.5 Therefore, Muslim women are considered immoral and
2 Carmen C.W. Lim et al., “A Systematic Review of Second-Hand Smoking
Mass Media Campaigns (2002–2022),” BMC Public Health 24, no. 1 (2024): 1–12,
https://doi.org/10.1186/s12889-024-18222-5.
3 Tyas Aisyah Putri and Devy Riyanti Adi Wijaya, “Peran Teman Sebaya
dalam Menurunkan Perilaku Merokok pada Remaja Perempuan di Kota Yogyakarta,”
Journal of Health Promotion and Behavior 6, no. 1 (2024): 53–64,
https://doi.org/10.47034/ppk.v6i1.1082.
4 Muhammad Zain et al., “Hijab Discourse in Indonesia: The Battle of Meaning
Between Sharia and Culture in Public Space,” Samarah: Jurnal Hukum Keluarga dan
Hukum Islam 7, no. 3 (2023): 1661–81, https://doi.org/10.22373/sjhk.v7i3.19383;
Taufiq Hidayat, Raihanah Azahari, and Fauzi Fauzi, “Jeulame in Marriage in Banda
Aceh: Looking for a Common Thread Between Culture and Sharia,” Al-Risalah: Forum
Kajian
Hukum
dan
Sosial
Kemasyarakatan
20,
no.
1
(2020):
115,
https://doi.org/10.30631/al-risalah.v20i1.563; Achmad Fausi and Asmuni,
“Determination of the Minimum Age Limit for Marriage: Balancing Legal Supremacy
and the Objectives of Sharia in Indonesian Marriage Law,” Mazahib Jurnal Pemikiran
Hukum Islam 23, no. 1 (2024): 117–54, https://doi.org/10.21093/mj.v23i1.7611.
5 Shehla Arifeen, “British Muslim Women’s Experience of the Networking
Practice of Happy Hours,” Employee Relations: The International Journal 1, no. 1 (2020):
1–13, https://doi.org/10.1108/ER-04-2018-0110.

118

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

even strange if they have the habit of smoking and going to café bars
while they wear the hijab and pray.
Muhammadiyah, through the fatwa of the Tarjīḥ and Tajdīd
Council, stipulates that the law of smoking is ḥarām. They reasoned
that smoking brings muḍarat (danger) both for themselves and others.
In addition, the evidence underlying the law of the ḥarām of smoking
includes verses of the Qur'an that prohibit acts that are harmful to
oneself and hadith that prohibits acts that are harmful to the body.6
Meanwhile, Nahdlatul Ulama is more flexible in viewing the smoking
law and does not directly prohibit it. In their view, the law of smoking
is makrūh, with the note that if smoking excessively or is proven to be
clearly harmful to health, then the law becomes ḥarām. They also
assessed that smoking could provide positive benefits, such as
helping relaxation, improving concentration, and providing energy
while working. The reason why smoking is prohibited is because it is
considered contrary to the goals of Islamic Sharia.7
As a country with a majority Muslim population, Indonesia
respects Islamic law without ignoring democratic values. Social
jurisprudence theory emphasizes the principles of social justice and
community rights governed by Islamic teachings. Social jurisprudence
aims to ensure that individual rights are respected and protected in a
broader social context.8 The principle of social jurisprudence,
according to K.H. Sahal Mahfud, as developed in his book “Nuansa
Fiqh Sosial”, is not only regulating laws based on texts, but also adapts
to the development of the times and the needs of society in
accordance with Islamic law.9 In the context of this study, the

6 Shubhi Mahmashony Harimurti, “The Effectiveness of Health Promotion on
the Tobacco Fatwa Issued by Tarjih and Tajdid Council of Muhammadiyah,” IJISH
(International Journal of Islamic Studies and Humanities) 5, no. 1 (2022): 63–78,
https://doi.org/10.26555/ijish.v5i1.4821.
7 Watni Marpaung et al., “Worshippers Smoking in Mosques: Violation of
Fatwas of Ulemas and Governor Regulation,” HTS Teologiese Studies/Theological
Studies
78,
no.
1
(2022):
1–9,
https://www.ajol.info/index.php/hts/article/view/247524.
8 Ezieddin Elmahjub, “Transformative Vision of Islamic Jurisprudence and the
Pursuit of Common Ground for the Social Good in Pluralist Societies,” Asian Journal of
Comparative Law 14, no. 2 (2019): 305–335, https://doi.org/10.1017/asjcl.2019.34.
9 Elmahjub; Issa Babatunde Oba, “The Dynamics of Islamic Marital
Jurisprudence in Islamic Courts: The Experience of the Kwara State and Zanzibar,”

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

119

Wahyu Nisawati Mafrukha, et al.

discussion of the life of Muslim women who smoke and enjoy life in
cafes and bars is assumed to be negotiable through social fiqh,
especially related to the principles of individual human rights and
social justice.
Accordingly, Pierre Bourdieu's concept of habitus and field is
crucial in his social theory and offers an in-depth understanding of
how individuals and social structures interact with each other.
Habitus refers to habits, skills, and dispositions that are embedded in
individuals. This habitus is not something fixed but is shaped by a
person's living conditions, especially through family, education, and
social class. Meanwhile, field refers to a social arena where
individuals or groups compete for resources, power, and recognition
with certain rules, hierarchies, and power relationships.10 In the
context of this research, Pierre Bourdieu's concept of habitus and field
is assumed to provide an idea of why these hijab-wearing Muslim
women go to the bars and smoke. Meanwhile, ṭā’ah agency, or what
can also be called obedient agency is a theory offered by Eva F. Nisa
in her book entitled "Face-Veiled Women in Contemporary
Indonesia".11 In the context of Eva's research, veiled women wear their
hijab purely because it is part of their way of expressing obedience to
God through it. Likewise, in this research, the informants all wore
hijab as a form of their obedience to the recommendations of Islam, in
addition to that because they felt comfortable wearing it.
Several previous research have been conducted in the same
field. Umaya12, for instance, stated that some cafés and bars have
Muslim female customers, both those who wear the hijab and those
who don't. Both researches tried to analyze in the Islamic law
perspective both for seller and buyer. Different to them, Anisa13,
IJoReSH: Indonesian Journal of Religion, Spirituality, and Humanity 2, no. 1 (2023): 43–67,
https://doi.org/10.18326/ijoresh.v2i1.43-67.
10 Lois McNay, “Gender, Habitus and the Field: Pierre Bourdieu and the Limits
of Reflexivity,” Theory, Culture & Society 16, no. 1 (1999): 95–117,
https://doi.org/10.1177/026327699016001007.
11 Eva F. Nisa, Cadari as Dedicated Actors (London: Routledge, 2022), 28.
12 Harjito Harjito, Nazla Maharani Umaya, and Muhajir Muhajir, “Indonesian
Labor Women (TKW) Habitus and Agency,” Kafa`ah: Journal of Gender Studies 8, no. 1
(2018): 15, https://doi.org/10.15548/jk.v1i1.194.
13 Zahratu Mutiara Anisa, Bunyamin Faisal, and Pepi Siti Paturohmah, “The
Image of Muslim Women in TV Series we are Lady Parts (2021),” Saksama: Jurnal
Sastra Vol. 3, no. 2 (2024): 96–108, https://doi.org/10.15575/sksm.v3i2.39849 96.

120

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

Alicia,14 and Linda15 stated that for many Muslim women, the hijab is
a form of expression of identity, protection, psychological comfort,
and even a tool for negotiating freedom and independence in public
spaces.
This research is different from those previous researches.
Researchers tried to fill the gap among those researches in which there
is no research shows about Muslim women wearing hijab with a habit
of smoking in café bars but still make the hijab a symbol of identity,
spirituality, and agency. Therefore, this research wants to explore 1).
How does the social environment organize the process of the
internalization and the normalizing of smoking among Muslim
women, and invite norms that are religious and societal? 2). How do
the religion, gender, and socio-cultural relations shape smoking
attitudes and behaviors of Muslim women? and 3). In what way can
or should social jurisprudence be utilized to address the utilitarian
and even Islamic permissibility of smoking, the Hijab, and café bars
for Muslim women?
Methods
This research type is interpretive qualitative, with the research
approach used namely phenomenology. The phenomenological
approach is chosen because it directly observes the lives of five
Indonesian Muslim women in cafe bars to provide an overview of the
dynamics of their lives amidst the current modernization. The sample
of this study was 5 (five) Muslim women from various provinces who
had the habit of smoking, wearing the hijab, and going to cafe bars
regularly. The researchers explore their daily experiences by
observing them directly and conducting in-depth semi-structured
interviews. All interviews were recorded using a voice recorder after
obtaining participant consent. The informant in this research is
performed in Table 1.
14 Alicia Izharuddin, “The Muslim Woman in Indonesian Cinema and the Face
Veil as ‘Other,’” Indonesia and the Malay World 43, no. 127 (2015): 397–412,
https://doi.org/10.1080/13639811.2015.1033162; Muhammad Ansor and Yaser Amri,
“Being Christians in the Acehnese Way: Illiberal Citizenship and Women’s Agency in
the Islamic Public Sphere,” Journal of Indonesian Islam 14, no. 1 (2020): 77–112,
https://doi.org/10.15642/JIIS.2020.14.1.77-112.
15 Linda S. Fair, “Muslims in Denmark: Discourse of the Veil,” Middle States
Geographer 36 (2003): 15–24, http://geographyplanning.buffalostate.edu/MSG
2003/3_Fair.pdf.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

121

Wahyu Nisawati Mafrukha, et al.

Initials
INF 01
INF 02
INF 03
INF 04
INF 05

Table 1. The informant identity
Age
Province
Education
25 th
Yogyakarta
S1
24 th
West Sumatra
S1
24 th
North Sulawesi
S1
25 th
East Java
S1
24 th
West Java
S2

Table 1 shows the characteristics of participants and their
descriptive data related to the study variables. Respectively, they
come from the provinces of the Special Region of Yogyakarta,
Sumatra, Sulawesi, East Java, and West Java. It is written with the
initials “INF’. All the informants in Table 1 actually wear hijab,
smokes, going to cafe bars, and pray as a muslimah.
Result and Discussion
Social Environment, Muslim Women, and Smoking Culture
Muslim women build their culture, particularly smoking,
according to how their social milieu treats them. There is a typical
habit among women that teaches them similar to how guys smoke
and go to a café or bar. Researchers found several data about this from
the interview with some informants. Based on the results of
interviews with informants, several stated that the reason they
decided to smoke was social environmental factors. INF 01 stated:
The beginning of smoking started with curiosity when I
saw that there were many smokers in my family, one of
them was my own grandfather.
Then, a statement from INF 02:
This started from joining school friends when they
gathered together while some were not active smokers. I
tried it, and after a long time, I became an active smoker.
Furthermore, INF 03 argued about how religion discusses
cigarette laws:

122

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

In Islam, there are no laws that speak explicitly about
the prohibition of smoking. (It is) only the result of the
structure of human thought regarding religious texts
and cultural construction that assumes that smoking is
only done by men.
From those excerpts, it can be seen that in Indonesian culture,
smoking is generally a male activity. Adolescent boys feel social
pressure to start smoking because of strong cultural norms in which
smoking is identified as normal behavior for men. Teenage boys see
smoking as a way to show courage, maturity, and potential as real
men. They believe that not smoking can make them less masculine.16
Smoking is also generally considered a common male behavior in
Indonesian culture and is accepted in society without violating local
norms.17 Meanwhile, based on research results in 2023, the prevalence
of female smokers in Indonesia is relatively low compared to men,
with variations based on the region which is presented in Figure 118
Yogyakarta

East Java

North maluku

Papua

North Sulawesi

0,00%

1,00%

2,00%

3,00%

4,00%

5,00%

6,00%

7,00%

8,00%

9,00%

10,00%

Figure 1. Prevalence of female smokers by region in Indonesia
16 Nurul Widyaningrum and Jiang Yu, “Tobacco Use Among the Adult
Muslim Population in Indonesia: A Preliminary Study on Religion, Cultural, and
Socioeconomic Factors,” Journal of Drug Issues 48, no. 4 (2018): 676–88,
https://doi.org/10.1177/0022042618789491.
17 Fithria Fithria et al., “Indonesian Adolescents’ Perspectives on Smoking
Habits: A Qualitative Study,” BMC Public Health 21, no. 1 (2021): 1–8,
https://doi.org/10.1186/s12889-020-10090-z.
18 Sri Supadmi et al., “The Risk of Women Smokers against Birth Weight in
Urban Rural Indonesia,” in E3S Web of Conferences, vol. 448, 2023,
https://doi.org/10.1051/e3sconf/202344805011; Suranto et al., “Buddhist-Muslim
Relationship Through Local Wisdom as a Form of Multicultural Education,” IJoReSH:
Indonesian Journal of Religion, Spirituality, and Humanity 3, no. 2 (2024): 221–47,
https://doi.org/10.18326/ijoresh.v3i2.221-247.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

123

Wahyu Nisawati Mafrukha, et al.

It can be seen from Figure 1 that North Sulawesi has the
highest rates compared to the other four regions. Cultural factors and
social norms, especially in areas such as Java and Yogyakarta, restrict
women from smoking openly. From this explanation, it is clear that
cultural factors in Indonesia have placed men as a group of people
who are more culturally and socially accepted to have a smoking
habit than women.
On the one hand, Islamic law states that the basic rule for
everything that Allah has created is ḥalāl and permissible unless it is
expressly regulated as ḥarām by Sharia law. Therefore, if there is no
further explanation indicating the ḥarām of something, then the basic
assumption is permissibility and validity.19 As per the view of
smoking law in the contemporary era, according to Shahrūr's
approach, it depends on scientific data, community consensus, and
the relevance of the law to socio-economic conditions. If smoking is
scientifically proven to be dangerous, the smoking ban can be
considered in accordance with the principles of social jurisprudence to
protect people's lives and welfare.20
Furthermore, NU tends to be more flexible in its views on
smoking laws. There are several opinions that have developed among
NU scholars; mubāḥ (permissible), if cigarettes are considered not to
have a bad impact or harm. Makrūh, if smoking is seen as causing
harm but to a relatively small extent, it is not strong enough to be
used as a basis for prohibition. It can also be deemed as ḥarām if
smoking is proven to bring great harm, such as obvious health
damage. Meanwhile, the Indonesian Ulema Council (MUI) issued a
fatwa that prohibits smoking under certain conditions, namely; in
public places, in front of children, and in front of pregnant women. In
addition, smoking can also be punished as ḥarām under other certain

19 Khoiru Turmudzi et al., “Exploring The Epistemological Basis of Ushul Fiqh
(Priority Fiqh By Yusuf al-Qardawi),” Journal of Islamic Education 2, no. 2 (2025): 1–20,
https://doi.org/10.47134/pjpi.v2i2.1167; Fokky Fuad Wasitaatmadja and Wasis
Susetio, “Philosophical Sufism and Legal Culture in Nusantara: An Epistemological
Review,” Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 20, no. 1 (2020): 75,
https://doi.org/10.30631/al-risalah.v20i1.558.SS
20 Arip Purkon, “Rethinking of Contemporary Islamic Law Methodology:
Critical Study of Muhammad Shahrūr’s Thinking on Islamic Law Sources,” HTS
Teologiese
Studies
/
Theological
Studies
78,
no.
4
(2022):
1–7,
https://doi.org/10.4102/hts.v78i4.7152.

124

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

conditions, such as for people who are seriously ill or for those who
experience economic difficulties.21
Meanwhile, Muhammadiyah said different things. Some of
the reasons underlying this opinion include; smoking is considered a
wasteful act that can increase the poverty rate, cigarettes contain
addictive substances and toxins that harm health, and smoking is
contrary to sharia principles in Islam which prohibits acts that can
damage the body and endanger others. Another consideration is that
a religious and social environment can strengthen norms against
smoking; adherence to religious norms is often stronger than secular
norms in encouraging smoking cessation behavior, and the support
of religious communities provides a supportive social environment
for individuals to abandon smoking habits.22
The social environment includes the norms, values, and
practices that apply in a society. It creates a framework of thinking
and behavior that underlies a person's habitus. Habitus functions as a
mechanism that reproduces social structures. Individuals act
according to internal dispositions that reflect the norms of their social
environment. INF 01 stated that:
The beginning of smoking started due to the influence of
the family environment that normalized it. But when I
went to college, with a very religious environment and
did not accept the culture of smoking for women, I was
forced to smoke in a private space or in an environment
that normalized it such as a café bar.
It can be seen from the excerpt that the social environment not
only shapes habitus but also ensures that existing structures are
maintained through individual actions that conform to social
expectations. However, a changing social environment can lead to a
transformation of habitus. Changes in the social field, such as changes
in cultural values, technological developments, or policy reforms, can
21 Muhammad Ihsan, “Merokok dalam Perspektif Muhammadiyah dan
Nahdhatul Ulama,” Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 4, no. 1
(2017): 16–33, https://doi.org/10.32505/qadha.v4i1.174.
22 A Junainah et al., “Religiosity and Its Relationship with Smoking Cessation:
A Systematic Review,” IIUM Medical Journal Malaysia 20, no. 4 (2021): 85–94,
https://doi.org/10.31436/IMJM.V20I4.1654.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

125

Wahyu Nisawati Mafrukha, et al.

create pressure to revise dispositions previously considered natural.
This shows the dialectical relationship between habitus and social
environment.23 If women grow up in a social environment that
supports or accepts smoking as normal, their habitus may reflect this
disposition. Therefore, this social condition indirectly also affects how
women who have the same habit, even though this phenomenon
commonly occurs.
Religion, Gender, and Socio-Cultural Relations Beyond Smoking
Behaviors of Muslim Women
In addition to initiating the habit for the first time, smoking
behavior in Muslim women is furthermore and largely shaped by
religion, gender identity, and sociocultural relations. The statement of
an informant in this research, INF 05, confirmed it as follows:
I started smoking when I was in undergraduate school.
The organizational environment on my campus is
mostly smokers, especially in the religion that I
understand there is no clear prohibition on smoking
(only makrūh), and more importantly, every human
being (including women) has power over the needs of
his/her own body. Smoking makes my mind and body
more relaxed.
In the context of religion, the field can be understood as a
space where various institutions and individuals compete to maintain
or improve their position in society. Bourdieu defined the field as a
social space with objective boundaries, formed by power relations
and conflicts between existing positions.24 Three main views on the
field of religion according to Bourdieu exist; the religious field as a
dominant institution that has authority and relations with the state
monopolizing the interpretation of religion, the religious field as a
more diversified space where the religious profession, and religious
23 McNay, “Gender, Habitus and the Field: Pierre Bourdieu and the Limits of
Reflexivity.”
24 Stephen Grusendorf, “Bourdieu’s Field, Capital, and Habitus in Religion,”
Journal for the Sociological Integration of Religion and Society 6, no. 1 (2016): 1–13,
https://sociologyandchristianity.org/index.php/jsc/article/view/84.

126

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

people share power, and the religious field as a market, with various
religious institutions competing for the attention of the people,
creating competitive dynamics in it. It is like how the Muslim
community views cigarette laws in Indonesia in which the religious
field plays a big role in this.
In Islam, the rules regarding smoking law do not have definite
textual prohibitions; the ulama negotiates them from the perspective
of social jurisprudence which emphasizes the principle of individual
human rights, namely social jurisprudence recognizes the basic rights
of every individual, such as the right to life, freedom of religion,
freedom of opinion, and the right to honor. These rights are
guaranteed to protect the dignity and freedom of individuals in
society.25 In this case, the habit of smoking in Muslim women is
associated with individual freedom of expression in the social
environment, moreover, there is no ḥarām label in religion to the
habit, although there are known many negative effects of cigarettes.26
In a psychological context, smoking often serves as a “safety
behavior” that appears to provide short-term comfort but reinforces
anxiety and depression through a cycle of addiction. Research in the
United States shows that many individuals, especially women with
mental disorders or trauma, use cigarettes to relieve stress, anxiety,
and depression. Cigarettes are considered an "escape tool" from
emotional pain or difficult situations. Women often face greater
stigma related to smoking, especially during pregnancy or as mothers.
This can affect their mental health, exacerbating feelings of guilt and
social pressure.27 Another study in Bangladesh showed that most
smokers (48.8%) cited addiction as the main reason for smoking,

25 Watni Marpaung, “The Impact of Dharar (Damage), Maslahat (Benefits) and
Religiosity to Smoking Behaviour,” Contagion: Scientific Periodical Journal of Public
Health
and
Coastal
Health
2,
no.
2
(2020):
118,
https://doi.org/10.30829/contagion.v2i2.14857.
26 Gemma M.J. Taylor et al., “Views about Integrating Smoking Cessation
Treatment within Psychological Services for Patients with Common Mental Illness : A
Multi-Perspective Qualitative Study,” Health Expectations 24, no. 2 (2021): 411–20,
https://doi.org/10.1111/hex.13182.
27 Angela Trosclair and Shanta R. Dube, “Smoking among Adults Reporting
Lifetime Depression, Anxiety, Anxiety with Depression, and Major Depressive
Episode, United States, 2005-2006,” Addictive Behaviors 35, no. 5 (2010): 438–43,
https://doi.org/10.1016/j.addbeh.2009.12.011.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

127

Wahyu Nisawati Mafrukha, et al.

followed by depression (25.6%).28 Some informants are also aware of
the dangers of smoking, as INF 04 said:
“I am aware that smoking is dangerous for me, but the
most important thing is to know where and when to
smoke, such as not smoking around women, children, or
someone who is not used to smoking. If not, then
smoking does not harm others. I am used to smoking in
private spaces such as café bars”
The excerpt shows a habitus; a concept that refers to the
disposition system or habitual patterns that individuals have as a
result of social experiences that shape the way of thinking, acting, and
behaving. Bourdieu argues that this habitus is not only shaped by
personal experience, but also by the individual's position in the social
structure.29 This habitus functions to unconsciously regulate
individual behavior and perceptions, thereby strengthening
dominance in a particular social field.30 Smoking is often associated
with masculinity, as previously explained. In a field that holds
traditional gender stereotypes, Muslim women who smoke can be
considered to be violating applicable gender norms. However,
smoking for women, which was previously considered taboo, is
increasingly accepted in modern society because it is considered a
symbol of freedom and gender equality. In some cases, women who
smoke consider this behavior as a symbol of freedom and
emancipation from restrictive traditional norms. For some women,
smoking helps create a relaxed atmosphere in social interactions and
builds friendships.

28 Fakir M.Amirul Islam and Alexandra Walton, “Tobacco Smoking and Use of

Smokeless Tobacco and Their Association with Psychological Distress and Other
Factors in a Rural District in Bangladesh: A Cross-Sectional Study,” Journal of
Environmental and Public Health, 2019, 1–11, https://doi.org/10.1155/2019/1424592.
29 Grusendorf, “Bourdieu’s Field, Capital, and Habitus in Religion.”
30 McNay, “Gender, Habitus and the Field: Pierre Bourdieu and the Limits of
Reflexivity”; Ristina Yudhanti, Saru Arifin, and Fauziah Rismadini, “The Protection
to Victims of Violence Based on Gender as a Fulfillment of the Constitutional Rights
in the Perspective of Human Rights in Boyolali’s District, Indonesia,” Journal of
Indonesian
Legal
Studies
2,
no.
1
(2017):
15–24,
https://doi.org/10.15294/jils.v2i01.16638.

128

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

This furthermore means that the field is not static; it can
change along with social or cultural transformations. In the context of
smoking for Muslim women, the representation of smoking as a
symbol of freedom and modernity in global media can influence
norms in the local field. New interpretations of health in Islam can
strengthen smoking prohibitions while changes in the dynamics of
smoking culture among Muslim women and urbanization can
influence the habitus of Muslim women, especially those living in big
cities.
The concepts of habitus and field furthermore help to
understand the relationship between individual dispositions, social
norms, and power structures. In this context, the presence of Muslim
women in cafe bars reflects resistance to traditional norms that limit
their movement in public spaces, and attempts to convey to the public
that the hijab is not only a religious attribute but also a symbol of
obedience to God and freedom of expression. Research from the UK
shows that Muslim women who visit semi-public spaces such as cafe
bars not only challenge gender stereotypes but also reconstruct the
meaning of women's presence in public spaces.31
To some extent, this is in line with what INF 02 conveys as
follows:
“Meanwhile, I usually go to cafe bars for certain events.
There, I ordered a drink, sat back, and went home.
However, women who wear the hijab, like me, are often
considered immoral. I was looking for space to unwind
without forgetting my identity as a Muslim."
Cafe bars are also deemed a safe zone for expression according to INF
01:
"The ambiance in the cafe bar makes me comfortable. I
can sing and shout without feeling watched but still
maintain boundaries, such as not drinking alcohol or

31 Arifeen, “British Muslim Women’s Experience of the Networking Practice of

Happy Hours”; Kusmana, “Modern Discourse of Woman’s Ideal Role in Indonesia
Tafsir Al-Qur’an of Ibu and Female Agency,” Journal of Indonesian Islam 9, no. 1 (2015):
25–58, https://doi.org/10.15642/JIIS.2015.9.1.25-58.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

129

Wahyu Nisawati Mafrukha, et al.

being influenced by the negative influence of the men
there.”
Apart from resistance, Muslim women in café bars also
negotiate their identities. They try to balance religious values with
social needs. Muslim women create new spaces for expression
without abandoning religious values. INF 05 stated:
“Smoking and going to cafe bars are not a lifestyle, but a
way to find peace and happiness. I still wear the hijab
and pray, but I have space to be myself.”
The socio-cultural implications of this phenomenon reflect the
complexity of the relationship between religiosity, gender, and
modernity. The cafe bar becomes a symbol of resistance and an arena
for identity negotiation, creating a safe space for Muslim women
wearing the hijab to challenge traditional stereotypes while embracing
modernity. Semi-public spaces such as cafe bars help Muslim women
develop a hybrid identity that honors traditional values while
meeting modern needs. This social transformation broadens our
understanding of the social dynamics of Muslim women in the
modern era.
Overall, Muslim women's presence in cafe bars represents
their efforts to fight social stigma, balance religious values and
modern life, and find a safe space for expression. This phenomenon
reveals the challenges faced in maintaining religious identity amidst
modernity and their creative adaptation in creating new spaces that
accommodate social and spiritual needs.
Smoking, the Hijab and Café Bars for Muslim Women: Social
Jurisprudence Perspective
In this recent era, especially in the urban city, it is common
that women Muslim follow the modern life styles such as smoking
and going to café bars. Researchers found some informant in café bars
who wear hijab and enjoy the situation as presented in Figure 2.

130

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

a
b
Figure 2. Women Muslims in Café bars at Yogyakarta
Women Muslims in Figure 2, both a and b, were attending the
café bars. They enjoy listening to the live music, as seen in Figure 2a,
and enjoy the situation with Westerners who drink alcoholic
beverages in Figure 2b. Actually, the theory of social jurisprudence
emphasizes the principles of social responsibility and the rights of
society governed by Islamic teachings, including in observing the
problem of smoking hijab Muslim women in café such as presented in
Figure 2. Moreover, INF 03 said:
“In Islam, there is no law that talks about whether
smoking is permissible or not. There is only a cultural
construction that assumes that smoking is only done by
men.”
Meanwhile, accordingly, INF 05 said:
“I argued that as a Muslim woman, there is no definite
prohibition in religion for us to smoke. It is only
makrūh, not ḥarām. Moreover, every woman has
authority over her own body, so others do not have the
right to regulate the needs of other people's bodies.”

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

131

Wahyu Nisawati Mafrukha, et al.

The excerpts show how Muslim women have agency over
themselves in living a smoking life choice. In this context, social
jurisprudence aims to ensure that individual rights are respected and
protected in a broader social context. Some of its key concepts are
emphasizing the principles of individual rights, socioeconomic rights,
political rights, and social justice.32 A full explanation can be seen in
Table 2.
Table 2. The Concept of Social Jurisprudence
People's Rights
Individual Human
Rights

Socio-Economic Rights

Political Rights

Social Justice

Information
Social jurisprudence recognizes the basic
rights of each individual, such as the right to
life, freedom of religion, freedom of opinion,
and the right to honor. These rights are
guaranteed to protect the dignity and
freedom of individuals in society.
This includes the right to meet basic needs
such as adequate food, clothing, shelter,
education,
and
health
care.
Social
jurisprudence promotes equality and welfare
in access to these resources.
Social jurisprudence also recognizes political
rights, such as the right to participate in the
political process, freedom of opinion, and the
right to fair legal protection. Active
participation in the political process is
considered essential to ensure freedom and
justice.
Social jurisprudence emphasizes the fair
distribution of resources and equal treatment
before the law. This involves eliminating
poverty, social inequality, and equal
opportunities in education, employment, and
public services.

32 McNay, “Gender, Habitus and the Field: Pierre Bourdieu and the Limits of
Reflexivity”; Michael N Nwoko and Clement Chimezie Igbokwe, “Biblical Gender
Equality and Women’s Participation in Leadership,” IJoReSH: Indonesian Journal of
Religion,
Spirituality,
and
Humanity
2,
no.
2
(2023):
210–32,
https://doi.org/10.18326/ijoresh.v2i2.210-232.

132

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

Based on the analysis in Table 2, especially in the context of
this research, researchers will focus on principles that emphasize
individual human rights and social justice.
First is individual human rights. These rights are guaranteed
to protect the dignity and freedom of individuals in society. K.H.
Sahal Mahfud, a figure who put forward the idea of social
jurisprudence in his book "Nuansa Fiqh Sosial", said that social
jurisprudence is known as cultural fiqh, which not only regulates laws
based on texts but also adapts to the development of the times and
the needs of society in accordance with Islamic law.33 The habit of
Muslim women who smoke finds much relevance to the principles in
social jurisprudence. In social jurisprudence, the right to health is a
fundamental right that must be maintained, both by individuals and
society. In the context of this study, smoking habits in Muslim
women can be seen as a part of the way humans express their right to
get the comfort of life although on the other hand, cigarettes can also
harm the human soul.
From the explanation of the law on cigarettes, it can be said
that smoking in Islam is regulated by flexible legal rules. In social
jurisprudence, each individual has the freedom to choose their
behavior within the limits that do not damage the rights of others.
Muslim women, like any other individual, have the freedom to make
decisions about their habits, including whether or not they smoke.
However, if the habit of smoking causes harm to oneself or others,
such as exposure to secondhand smoke in people around, this can be
considered a violation of the right of others to live a healthy life. In
social jurisprudence, the right to freedom of each individual over his
or her life is explained through several postulates from the Qur'an
that emphasize the importance of the right to life.
Second is social justice which is inherited from social
jurisprudence. Social jurisprudence also teaches social justice. Every
individual is expected to contribute to creating a healthy and
productive society. Smoking habits that damage personal health can
reduce a person's ability to contribute optimally to society. Smoking
can also create an economic burden, both for individuals (the cost of
33 McNay, “Gender, Habitus and the Field: Pierre Bourdieu and the Limits of

Reflexivity”; Muhammad Iqbal Juliansyahzen et al., “Sharia, Gender, and Science in
the Construction of ‘Iddah: The Response of Banyumas’ Ulamas,” El-Mashlahah 14, no.
1 (2024): 189–210, https://doi.org/10.23971/el-mashlahah.v14i1.7917.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

133

Wahyu Nisawati Mafrukha, et al.

buying cigarettes) and for society as a whole (health care costs due to
diseases caused by smoking).34 Regarding the phenomenon of
Muslim women who smoke and go to café bars, several unique and
interesting facts were found in some following excerpts. INF 03 said:
“In my opinion, the hijab for women is not just a head
covering, but also a symbol of obedience wherever we
are, including when I am in a cafe bar. Talking about
obedience to religion, the law of smoking in religion is
flexible and there are no restrictions for men or women.
So, between the habit of smoking, the hijab that I wear,
and also the cafe bar, these three elements are not a (n
intertwined; editor) problem.”
Meanwhile, INF 05 said:
“I don't want to interpret the hijab as a symbol of
confinement that limits us from expressing ourselves,
such as smoking and relaxing in a cafe bar. As long as
we don't commit sins, don’t disturb others, it's okay.”
The two excerpts imply how religious values are realized
through the body and physical actions. This resonates with Eva’s
explanation that the hijab can be seen as a form of body technique that
reflects an individual's relationship with religious values.35 The hijab
is not only a religious symbol but also a medium that women use to
navigate their identity and values amidst social demands and
religious norms.36 In this study, the use of the hijab reflects a form of
embodiment of these values, which often involves negotiations
between religious norms, culture, and individual aspirations. INF 01
said:

34 McNay, “Gender, Habitus and the Field: Pierre Bourdieu and the Limits of
Reflexivity.”
35 Eva F. Nisa, Face-Veiled Women in Contemporary Indonesia, Face-Veiled Women
in Contemporary Indonesia (London: Routledge, 2022).
36 Siddik Firmansyah, “Jilbab as an Accessory in the Modern Era and His View
on Hadith,” An-Natiq Jurnal Kajian Islam Interdisipliner 2, no. 2 (2022): 94,
https://doi.org/10.33474/an-natiq.v2i2.14822.

134

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

“My family background and Islamic boarding school
education made me feel that I had to maintain my
dignity through wearing the hijab. However, I also
experienced a dilemma. The hijab is our own choice
even though religion requires it. I appreciate societal
norms and ethics that dictate women should wear the
hijab, but I also feel bound by restrictions that I dislike,
such as the idea that smoking makes a woman in the
hijab immoral, so sometimes it's preferable for me to
remove it.”
INF 01 admits that she feels happier when she is in an
environment that accepts her choices, both in wearing and removing
the hijab, because for her, freedom of choice is the key to happiness.
From INF 01's experience, it can be seen that the hijab is not only a
form of religious identity but also a symbol of self-negotiation in
dealing with social norms and family expectations. The hijab as an
embodiment of religious and cultural values shows the complexity of
the relationship between personal identity, religious demands, and
social pressure. INF 01's experience highlights how wearing the hijab
can be a means for individuals to reflect on their identity and
existence, even when facing internal or external conflict. Further,
remaining to wear hijab indicates their obedience agency. According
to the theory by Eva F. Nisa, this is called an agency of Muslim
women which also correlates with what INF 03 said:
“The hijab for women is not just a head covering but
also a symbol of obedience. The influence of the
environment that many people decided to wear the hijab
is one of the reasons.”
From the data above, it can be seen that these Muslim women
or informants show obedient agency by still choosing to wear the
hijab even though they are in the midst of modernity and the "night
environment" in bars which tends to have a "less Islamic" impression,
coupled with the habit of smoking which adds to the negative

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

135

Wahyu Nisawati Mafrukha, et al.

impression toward them.37 However, it also needs to be understood
that these Muslim women/informants wear the hijab not only
because of transcendental religious factors but also educational factors
as well as the environment and customs or culture of society in
general. This situation leads them to wear the hijab in various places
including in bars to show their identity as part of a Muslim group. At
this point, we can see that these "Muslim women smokers" who wear
the hijab are the result of a dialectic between social culture and
personal choice. There is no compulsion when choosing, but the
environment still has an influence so these women decide to choose to
wear the hijab. The hijab in this context therefore not only reflects
obedient agency based on religious values but also becomes a form of
obedient agency towards a social structure and the influence of
education and cultural background that shape the identity of Muslim
women. Their choice to remain wearing hijab even in an environment
that has a negative impression shows a complex relationship between
personal beliefs, social environment, and self-expression.
Along with the obedience, choice of the informants implies
piety; one that is often not always on a linear track and like to appear
in various phases of life when someone is facing a crisis or challenge.38
The hijab is often a symbol of piety both in public and private
spaces.39 To overcome identity conflicts, some informants decided to
focus on more individual and flexible spiritual aspects of Islam.40 The
following excerpts make it clear how the hijab is used as a form of
obedience to religious norms and social norms, as INF 02 said:
“The hijab for women is a symbol of being a Muslim
woman so that other people know that we are Muslims.
37 Fauzia Ahmad, “Rethinking Muslim Women and the Veil,” American Journal
of Islam and Society 19, no. 4 (2002): 121–25, https://doi.org/10.35632/ajis.v19i4.1901.
38 Firmansyah, “Jilbab as an Accessory in the Modern Era and His View on
Hadith.”
39 Zain et al., “Hijab Discourse in Indonesia: The Battle of Meaning Between
Sharia and Culture in Public Space.”
40 Shabana Mir, “‘I Didn’t Want to Have That Outcast Belief about Alcohol’:
Muslim Women Encounter Drinking Cultures on Campus,” Educating the Muslims of
America, 2011, 209–30, https://doi.org/10.1093/acprof:oso/9780195375206.003.0010;
Asrizal Saiin et al., “Walking Together: Dynamics of Muslim Wives’ Dual Role in
Rural Areas Pursuing Career and Household Responsibilities,” El-Mashlahah 14, no. 1
(2024): 127–48, https://doi.org/10.23971/el-mashlahah.v14i1.7827.

136

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

Additionally, it is one of our religious obligations, so
wherever we are, we should still wear it.”
Meanwhile, INF 01 said:
“Wearing hijab is my own choice. I'm at the stage where
I don't feel worried if I sometimes take off the hijab but
still wear the hijab at other times as a form of respecting
the customs, ethics, and morals created of Indonesian
society, especially Muslim. They consider that women
must wear the hijab, so personally I know when to wear
the hijab to respect and when to take it off as a form of
my own authority.”
From these facts on the ground, it is obvious that hijab
becomes a form of piety they try to apply in various situations. It is
undeniably true, furthermore, that apart from religious norms, what
they take into consideration are social norms. Therefore, it confirms
the notion that piety, whether religious or social, is often not linear
with the habits of some Muslims, is subjective, and can be diverse in
how it looks. In this case, on the one hand, they respect general norms
in wearing the hijab but on the other hand, they want to break the
general stigma about cigarettes and café bars life.
Conclusion
The main findings of this research show that even though the
practice of smoking while going to a café bar is considered contrary to
social and religious norms, the hijab-wearing Muslim women in this
study still demonstrate unique agency in navigating modern life
without completely abandoning religious values. Indonesian Muslim
women can integrate religious values and modern needs into their
lives through resistance and identity negotiation. This phenomenon
provides important insights into social change in an increasingly
complex and plural society. While providing novelty by combining
theories from Nisa and Mahmood, this research contributes to the
broader study of Muslim feminism by highlighting Muslim women's
agency in a contemporary context that appears to be at odds with
dominant religious and social values. This research also seeks to
overcome the tension between women's agency and religious norms

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

137

Wahyu Nisawati Mafrukha, et al.

in more liberal and global social settings, such as cafe bars in
Indonesia, through a social jurisprudence approach. This research can
be developed again on a wider scope that is not limited to the lives of
Muslim women in Indonesia, but in various countries with minority
and majority Muslim populations.
Acknowledgment
Researchers express our sincere appreciation to everyone who
participated in the interview. Besides, researchers thanks to the
support of the Indonesian Endowment Fund for Education Agency
(LPDP) as well as Bangkit Indonesia Scholarship (BIB)-Ministry of
Religious Affairs (Indonesia).
Bibliography
Ahmad, Fauzia. “Rethinking Muslim Women and the Veil.” American
Journal of Islam and Society 19, no. 4 (2002): 121–25.
https://doi.org/10.35632/ajis.v19i4.1901.
Anisa, Zahratu Mutiara, Bunyamin Faisal, and Pepi Siti Paturohmah.
“The Image of Muslim Women in TV Series we are Lady Parts
(2021).” Saksama: Jurnal Sastra Vol. 3, no. 2 (2024): 96–108.
https://doi.org/10.15575/sksm.v3i2.39849 96.
Ansor, Muhammad, and Yaser Amri. “Being Christians in the
Acehnese Way: Illiberal Citizenship and Women’s Agency in
the Islamic Public Sphere.” Journal of Indonesian Islam 14, no. 1
(2020): 77–112. https://doi.org/10.15642/JIIS.2020.14.1.77-112.
Arifeen, Shehla. “British Muslim Women’s Experience of the
Networking Practice of Happy Hours.” Employee Relations: The
International
Journal
1,
no.
1
(2020):
1–13.
https://doi.org/10.1108/ER-04-2018-0110.
Elmahjub, Ezieddin. “Transformative Vision of Islamic Jurisprudence
and the Pursuit of Common Ground for the Social Good in
Pluralist Societies.” Asian Journal of Comparative Law 14, no. 2
(2019): 305–335. https://doi.org/10.1017/asjcl.2019.34.
Fair, Linda S. “Muslims in Denmark: Discourse of the Veil.” Middle
States
Geographer
36
(2003):
15–24.
http://geographyplanning.buffalostate.edu/MSG
2003/3_Fair.pdf.
Fausi, Achmad, and Asmuni. “Determination of the Minimum Age
Limit for Marriage: Balancing Legal Supremacy and the

138

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

Objectives of Sharia in Indonesian Marriage Law.” Mazahib
Jurnal Pemikiran Hukum Islam 23, no. 1 (2024): 117–54.
https://doi.org/10.21093/mj.v23i1.7611.
Firmansyah, Siddik. “Jilbab as an Accessory in the Modern Era and
His View on Hadith.” An-Natiq Jurnal Kajian Islam Interdisipliner
2,
no.
2
(2022):
94.
https://doi.org/10.33474/annatiq.v2i2.14822.
Fithria, Fithria, Muhammad Adlim, Syarifah Rauzatul Jannah, and
Teuku Tahlil. “Indonesian Adolescents’ Perspectives on
Smoking Habits: A Qualitative Study.” BMC Public Health 21,
no. 1 (2021): 1–8. https://doi.org/10.1186/s12889-020-10090-z.
Grusendorf, Stephen. “Bourdieu’s Field, Capital, and Habitus in
Religion.” Journal for the Sociological Integration of Religion and
Society
6,
no.
1
(2016):
1–13.
https://sociologyandchristianity.org/index.php/jsc/article/vie
w/84.
Harimurti, Shubhi Mahmashony. “The Effectiveness of Health
Promotion on the Tobacco Fatwa Issued by Tarjīḥ and Tajdīd
Council of Muhammadiyah.” IJISH (International Journal of
Islamic Studies and Humanities) 5, no. 1 (2022): 63–78.
https://doi.org/10.26555/ijish.v5i1.4821.
Harjito, Harjito, Nazla Maharani Umaya, and Muhajir Muhajir.
“Indonesian Labor Women (TKW) Habitus and Agency.”
Kafa`ah: Journal of Gender Studies 8, no. 1 (2018): 15.
https://doi.org/10.15548/jk.v1i1.194.
Hidayat, Taufiq, Raihanah Azahari, and Fauzi Fauzi. “Jeulame in
Marriage in Banda Aceh: Looking for a Common Thread
Between Culture and Sharia.” Al-Risalah: Forum Kajian Hukum
dan Sosial Kemasyarakatan 20, no. 1 (2020): 115.
https://doi.org/10.30631/al-risalah.v20i1.563.
Ihsan, Muhammad. “Merokok dalam Perspektif Muhammadiyah dan
Nahdhatul Ulama.” Al-Qadha : Jurnal Hukum Islam dan
Perundang-Undangan
4,
no.
1
(2017):
16–33.
https://doi.org/10.32505/qadha.v4i1.174.
Islam, Fakir M.Amirul, and Alexandra Walton. “Tobacco Smoking
and Use of Smokeless Tobacco and Their Association with
Psychological Distress and Other Factors in a Rural District in
Bangladesh: A Cross-Sectional Study.” Journal of Environmental
and
Public
Health,
2019,
1–11.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

139

Wahyu Nisawati Mafrukha, et al.

https://doi.org/10.1155/2019/1424592.
Izharuddin, Alicia. “The Muslim Woman in Indonesian Cinema and
the Face Veil as ‘Other.’” Indonesia and the Malay World 43, no.
127
(2015):
397–412.
https://doi.org/10.1080/13639811.2015.1033162.
Juliansyahzen, Muhammad Iqbal, Eva Fadhilah, Syufaat, and
Anisatuz Zahro. “Sharia, Gender, and Science in the
Construction of ‘Iddah: The Response of Banyumas’ Ulamas.”
El-Mashlahah
14,
no.
1
(2024):
189–210.
https://doi.org/10.23971/el-mashlahah.v14i1.7917.
Junainah, A, S. E.Sharifah Munirah, N. Mohd Said, and M. M.Hanida
Hani. “Religiosity and Its Relationship with Smoking Cessation:
A Systematic Review.” IIUM Medical Journal Malaysia 20, no. 4
(2021): 85–94. https://doi.org/10.31436/IMJM.V20I4.1654.
Koenig, Harold G, Linda K George, Harvey J Cohen, Judith C Hays,
David B Larson, and dan G Blazer. “The Relationship Between
Religious Activities and Cigarette Smoking in Older Adults.”
The Journals of Gerontology: Series A 53, no. 6 (1998): 426–34.
https://doi.org/10.1093/gerona/53A.6.M426.
Kusmana. “Modern Discourse of Woman’s Ideal Role in Indonesia
Tafsir Al-Qur’an of Ibu and Female Agency.” Journal of
Indonesian
Islam
9,
no.
1
(2015):
25–58.
https://doi.org/10.15642/JIIS.2015.9.1.25-58.
Lim, Carmen C.W., Brienna Rutherford, Coral Gartner, Caitlin
McClure-Thomas, Shaun Foo, Fang Yi Su, Roman Scheurer, et
al. “A Systematic Review of Second-Hand Smoking Mass Media
Campaigns (2002–2022).” BMC Public Health 24, no. 1 (2024): 1–
12. https://doi.org/10.1186/s12889-024-18222-5.
Marpaung, Watni. “The Impact of Dharar (Damage), Maslahat
(Benefits) and Religiosity to Smoking Behaviour.” Contagion:
Scientific Periodical Journal of Public Health and Coastal Health 2,
no.
2
(2020):
118.
https://doi.org/10.30829/contagion.v2i2.14857.
Marpaung, Watni, Muhammad A Adly, Rustam Rustam,
Akmaluddin Syahputra, Putra A Siregar, Syahrial Arif
Hutagalung, Muhammad S A Nasution, et al. “Worshippers
Smoking in Mosques: Violation of Fatwas of Ulemas and
Governor Regulation.” HTS Teologiese Studies/Theological Studies
78,
no.
1
(2022):
1–9.

140

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

https://www.ajol.info/index.php/hts/article/view/247524.
McNay, Lois. “Gender, Habitus and the Field: Pierre Bourdieu and
the Limits of Reflexivity.” Theory, Culture & Society 16, no. 1
(1999): 95–117. https://doi.org/10.1177/026327699016001007.
Mir, Shabana. “‘I Didn’t Want to Have That Outcast Belief about
Alcohol’: Muslim Women Encounter Drinking Cultures on
Campus.” Educating the Muslims of America, 2011, 209–30.
https://doi.org/10.1093/acprof:oso/9780195375206.003.0010.
Nisa, Eva F. Cadari as Dedicated Actors. London: Routledge, 2022.
———. Face-Veiled Women in Contemporary Indonesia, Face-Veiled
Women in Contemporary Indonesia. London: Routledge, 2022.
Nwoko, Michael N, and Clement Chimezie Igbokwe. “Biblical Gender
Equality and Women’s Participation in Leadership.” IJoReSH:
Indonesian Journal of Religion, Spirituality, and Humanity 2, no. 2
(2023): 210–32. https://doi.org/10.18326/ijoresh.v2i2.210-232.
Oba, Issa Babatunde. “The Dynamics of Islamic Marital Jurisprudence
in Islamic Courts: The Experience of the Kwara State and
Zanzibar.” IJoReSH: Indonesian Journal of Religion, Spirituality, and
Humanity
2,
no.
1
(2023):
43–67.
https://doi.org/10.18326/ijoresh.v2i1.43-67.
Purkon, Arip. “Rethinking of Contemporary Islamic Law
Methodology: Critical Study of Muhammad Shahrūr’s Thinking
on Islamic Law Sources.” HTS Teologiese Studies / Theological
Studies
78,
no.
4
(2022):
1–7.
https://doi.org/10.4102/hts.v78i4.7152.
Putri, Tyas Aisyah, and Devy Riyanti Adi Wijaya. “Peran Teman
Sebaya dalam Menurunkan Perilaku Merokok pada Remaja
Perempuan di Kota Yogyakarta.” Journal of Health Promotion and
Behavior
6,
no.
1
(2024):
53–64.
https://doi.org/10.47034/ppk.v6i1.1082.
Saiin, Asrizal, Firdaus, Maulana Yusuf, Supani, Muchimah, and
Anwar M. Radiamoda. “Walking Together: Dynamics of
Muslim Wives’ Dual Role in Rural Areas Pursuing Career and
Household Responsibilities.” El-Mashlahah 14, no. 1 (2024): 127–
48. https://doi.org/10.23971/el-mashlahah.v14i1.7827.
Supadmi, Sri, Hadi Ashar, Ina Kusrini, Sidiq Purwoko, and Marizka
Khairunnisa. “The Risk of Women Smokers against Birth
Weight in Urban Rural Indonesia.” In E3S Web of Conferences,
Vol. 448, 2023. https://doi.org/10.1051/e3sconf/202344805011.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

141

Wahyu Nisawati Mafrukha, et al.

Suranto, Izak YM Lattu, Tony Tampak, and Suwarto. “BuddhistMuslim Relationship Through Local Wisdom as a Form of
Multicultural Education.” IJoReSH: Indonesian Journal of Religion,
Spirituality, and Humanity 3, no. 2 (2024): 221–47.
https://doi.org/10.18326/ijoresh.v3i2.221-247.
Taylor, Gemma M.J., Katherine Sawyer, David Kessler, Marcus R
Munafò, Paul Aveyard, and Alison Shaw. “Views about
Integrating Smoking Cessation Treatment within Psychological
Services for Patients with Common Mental Illness : A MultiPerspective Qualitative Study.” Health Expectations 24, no. 2
(2021): 411–20. https://doi.org/10.1111/hex.13182.
Trosclair, Angela, and Shanta R. Dube. “Smoking among Adults
Reporting Lifetime Depression, Anxiety, Anxiety with
Depression, and Major Depressive Episode, United States, 20052006.” Addictive Behaviors 35, no. 5 (2010): 438–43.
https://doi.org/10.1016/j.addbeh.2009.12.011.
Turmudzi, Khoiru, Noni Sherlya, Yasmin Ramadhani, Alvin Faiz
Rusdian, Nauval Karim, Kartika Maulida, and Ahsan Prawira
Mukti. “Exploring The Epistemological Basis of Ushul Fiqh
(Priority Fiqh By Yusuf Al-Qardawi).” Journal of Islamic
Education
2,
no.
2
(2025):
1–20.
https://doi.org/10.47134/pjpi.v2i2.1167.
Wasitaatmadja, Fokky Fuad, and Wasis Susetio. “Philosophical
Sufism and Legal Culture in Nusantara: An Epistemological
Review.” Al-Risalah: Forum Kajian Hukum dan Sosial
Kemasyarakatan 20, no. 1 (2020): 75. https://doi.org/10.30631/alrisalah.v20i1.558.
Widyaningrum, Nurul, and Jiang Yu. “Tobacco Use Among the Adult
Muslim Population in Indonesia: A Preliminary Study on
Religion, Cultural, and Socioeconomic Factors.” Journal of Drug
Issues
48,
no.
4
(2018):
676–88.
https://doi.org/10.1177/0022042618789491.
Yudhanti, Ristina, Saru Arifin, and Fauziah Rismadini. “The
Protection to Victims of Violence Based on Gender as a
Fulfillment of the Constitutional Rights in the Perspective of
Human Rights in Boyolali’s District, Indonesia.” Journal of
Indonesian
Legal
Studies
2,
no.
1
(2017):
15–24.
https://doi.org/10.15294/jils.v2i01.16638.
Zain, Muhammad, Sitti Aaisyah, Asriaty Alimuddin, Akhmad

142

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

Smoking, Hijab and Gender Identity: Social Jurisprudence
Perspective under Indonesian Muslim Women in Café Bars

Mughzi Abdillah, and Muhammad Fahmi Basyhah Fauzi.
“Hijab Discourse in Indonesia: The Battle of Meaning Between
Sharia and Culture in Public Space.” Samarah: Jurnal Hukum
Keluarga dan Hukum Islam 7, no. 3 (2023): 1661–81.
https://doi.org/10.22373/sjhk.v7i3.19383.

al-Ihkam: Jurnal Hukum dan Pranata Sosial, 20 (1), 2025: 116-143

143