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All Journal El-Mashlahah Tarbawi: Jurnal Pendidikan dan Keagamaan
Akhmad Sukris Sarmadi
UIN Antasari Banjarmasin
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Restorative Justice Principles in Banjar Customary Inheritance Disputes: A Normative Analysis of Out-of-Court Settlement Institutions through Adat Badamai Akhmad Sukris Sarmadi; Anwar Hafidzi; Nurul Listiyani; Tetiana Kolomoiets; Afif Khalid
El-Mashlahah Vol 15 No 2 (2025)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.10047

Abstract

Inheritance disputes in Banjar communities continue to increase as families confront controversies over unwritten norms, generational change, and rising land value, creating a growing need for culturally grounded solutions. These disputes reflect a broader trend in Indonesia where communities prefer non-court settlement when judicial rulings risk disrupting social cohesion. Within this plural legal landscape, families must navigate overlapping expectations from customary norms, Islamic law, and state regulations. This study addressed a key gap by examining how restorative justice principles operate within Banjar inheritance practices. Using a qualitative normative method, the research analyzed primary legal materials, documented customary procedures, court decisions, and academic literature. The findings showed that adat badamai integrated restorative values through open dialogue, inclusive deliberation, and relational repair among heirs. The study concluded that adat badamai provides an effective culturally rooted model of restorative justice and recommends stronger legal recognition and enhanced mediator training.
KEWAJIBAN PENCATATAN PERKAWINAN DI INDONESIA PERSPEKTIF HUKUM ISLAM Muhammad; M. Fahmi Al-Amruzi; Akhmad Sukris Sarmadi
Tarbawi Vol. 14 No. 01 (2026): TARBAWI
Publisher : STIT Darul Hijrah Martapura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62748/ekghcr24

Abstract

Marriage registration is one of the legal provisions in Indonesia regulated in Law No. 1 of 1974, Article 1 concerning Marriage. The status of the legal provisions for those registration is mentioned by legal experts as something that must be carried out for married couples without exception. The main purpose of this registration is not only to provide legal certainty for married couples and children born from the marriage, but it is also important to prevent unwanted occurrences when carrying out the marriage covenant, including wath syubhat and even adultery. In the context of Islamic law, a valid marriage is generally considered for the marriage pillar determined by sharia. In earlier Islamic practice, this also had its own way, one of which was with witnesses and walimah. Marriage registration has become important to avoid legal problems that may arise later on through verification. This regulation even more important than muamalah because of its systematic impact. The methodology I use is qualitative method and normative method to analyze the legal basis from the perspective of Qiyas Aulawi theory and Maqasid al-Shariah. This article shows this registration is not only important for legal certainty, is in accordance with the principles in Islamic law that promote maslahah and the protection of individual rights.
Co-Authors Afif Khalid Anwar Hafidzi M. Fahmi Al-Amruzi Muhammad Nurul Listiyani Tetiana Kolomoiets