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All Journal Al-Mizan: Jurnal Kajian Hukum dan Ekonomi
Erina Junaidi
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Ishlah dan Wasathah dalam Penyelesaian Sengketa Waris: Studi Kasus di Desa Waibau, Kecamatan Sanana Erina Junaidi; Muhamad Ibnal Trian Has Duwila
Al-Mizan: Jurnal Kajian Hukum dan Ekonomi Al-Mizan Vol.12 No 01 ( 2026)
Publisher : Sekolah Tinggi Agama Islam Babussalam Sula

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Abstract

Inheritance disputes among rural Muslim families are often triggered by one party's unilateral control over productive assets, such as land, houses, or plantations, before a division is agreed upon. Prior studies extensively examine dispute resolution through Religious Courts or formal sub-district mediation, yet empirical accounts of family deliberation and village mediation in archipelagic regions such as the Sula Islands remain scarce. This study describes the forms of inheritance dispute resolution in Waibau Village, Sanana, and examines them from an Islamic legal perspective. Using a qualitative descriptive case study approach, data were collected through in-depth interviews with the village head, a religious leader, and disputing parties, supported by observation and documentation. Findings reveal a tiered pattern: family deliberation first, mediation by the village head and religious leader when deliberation stalls, and litigation as a strongly avoided last resort. From an Islamic legal standpoint, this pattern reflects ishlah and wasathah, prioritizing hifzh al-nasl over hifzh al-mal. This study contributes an empirical account of inheritance law values practiced in a coastal village community
Penetapan Harga Jasa Angkut Gerobak Pelabuhan Sanana: Perspektif Hukum Ekonomi Syariah Erina Junaidi; Damarina Liambana
Al-Mizan: Jurnal Kajian Hukum dan Ekonomi Al-Mizan. Vol 11. No 02 ( 2025)
Publisher : Sekolah Tinggi Agama Islam Babussalam Sula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59115/almizan.vi.296

Abstract

The operational reality of cart transport services at Sanana Port is frequently plagued by unclear pricing mechanisms and rate fluctuations that trigger unfairness, despite their vital role in North Maluku’s logistics. This study critically examines these issues through the lens of Sharia Economic Law to formulate equitable transaction standards. Utilizing a normative-juridical qualitative method, the research reveals that the prevailing informal bargaining system potentially violates sharia principles due to inherent uncertainty (gharar) and the exploitation of bargaining power. From the perspective of the ijarah 'ala al-a'mal contract, transaction validity strictly requires wage transparency (ujrah) calculated based on objective indicators such as cargo volume and travel distance, rather than subjective estimation. The findings strongly recommend implementing the concept of ta'sir, or government price intervention, to establish reasonable rate limits. This regulation is crucial for protecting weaker parties, preventing monopoly, and ensuring public good (maslahah). Ultimately, synergy between rate standardization and strict supervision is expected to create a harmonious, transparent port ecosystem that ensures prosperity for all stakeholders.
Co-Authors Damarina Liambana Muhamad Ibnal Trian Has Duwila