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All Journal Family Law and Legal Culture
Eka Suriansyah
State Islamic University of Palangka Raya

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Juriprudence in Islamic Perspective: An Analysis of the General Rules of Fikih in Al-Qawāʻid Al-Fiqhiyyah Al-‘Āmmah against the Dynamics of Change Herpraditya Sinar Panggalih; Shafratul Az-Zahra; Selly Agustina; Eka Suriansyah
Mir'ah: Family Law and Legal Culture Vol. 2 No. 1 (2025): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v2i1.380

Abstract

The rules of fiqh, known as al-qawāʻid al-fiqhiyyah, are the basic principles of Islamic law that are made to facilitate the determination of the law on various issues in life. These rules are not only related to worship, but also muamalah and social life. The purpose of this study is to analyze the concept of fiqh rules as a whole, see the main principles in al-qawāʻid al-fiqhiyyah al-ʻāmmah, and see how fiqh rules develop over time. The research method used is normative method with descriptive analysis approach. Data were obtained from modern and classical literature, such as fiqh books and fatwas of scholars, using descriptive-analytical qualitative methods. The results show that Islamic law has the ability to adapt without losing its sharia principles, with rules such as “fatwas change according to changes in time, place, circumstances, intentions and customs” and “preserving the old that is beneficial and taking the new that is more beneficial”. Therefore, the principles of fiqh are still useful as a basis for dealing with legal challenges in the contemporary era.
Negotiating Islamic Law and State Law: Legal Culture of Informal Torn Money Exchange in Central Kalimantan, Indonesia Siti Fatimah; Eka Suriansyah; H. Kamal Hasuna
Mir'ah: Family Law and Legal Culture Vol. 3 No. 1 (2026): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v3i1.508

Abstract

The practice of informal torn-money exchange remains prevalent in traditional markets despite the availability of official exchange services provided by authorized financial institutions. This study aims to examine the legal culture underlying informal torn-money exchange practices at Pasar Sabtu, Selat District, Kapuas Regency, Central Kalimantan, and to analyze their conformity with Islamic law and Indonesian monetary law. This research employed an empirical legal design using a socio-legal approach. Data were collected through observations, in-depth interviews with money exchangers, traders, community members, and banking officials, as well as document analysis, and were analyzed using a qualitative descriptive method. The findings reveal that the persistence of informal exchange practices is driven by pragmatic legal culture, where accessibility, efficiency, and convenience are prioritized over compliance with religious and state legal norms. From the perspective of Islamic law, the practice contains elements of ribā al-faḍl, gharar, and ambiguity of contract, making it inconsistent with the principles of al-ṣarf. Simultaneously, it contradicts Law Number 7 of 2011 on Currency, which guarantees the exchange of damaged banknotes at their full nominal value through authorized institutions. This study contributes to socio-legal scholarship by demonstrating that informal financial practices represent an ongoing negotiation between Islamic law, state law, and local legal culture in responding to community economic needs. The study is limited to a single research location; therefore, broader comparative studies are recommended to strengthen the generalizability of the findings.
Co-Authors H. Kamal Hasuna Herpraditya Sinar Panggalih Selly Agustina Shafratul Az-Zahra Siti Fatimah