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All Journal Jurnal Ilmiah Al-Syir'ah Referensi Islamika: Jurnal Studi Islam
Amiruddin Amrullah
Auckland University of Technology
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Reconciling Customary Debt and Islamic Economic Law: A Legal-Anthropological Study of Mappajalang Dowi' in Tolitoli, Indonesia M. Taufan B.; Marzuki Marzuki; Nasaruddin Nasaruddin; Amiruddin Amrullah
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3776

Abstract

This article analyzes mappajalang dowi', a harvest-linked debt practice among Bugis farmers in Puse, Tolitoli, through a legal-anthropological lens that connects Islamic legal doctrine with community practice. Limited access to salaried employment and formal financial services sustains villagers' dependence on pre-harvest borrowing, with repayment due after the harvest season. Based on a qualitative case study employing observation, in-depth interviews, and document analysis, this research reconstructs the contractual structure of the practice, particularly ijab–kabul, mutual expectations, and the proportional ziyādah (increase) that may rise when repayment is delayed. A normative assessment grounded in classical Islamic jurisprudence covering benevolent lending (qardh al-hasan), gratuitous transactions (tabarru'), and unlawful gain (riba), as well as contemporary Indonesian Sharia economic regulations and fatwas, shows that the pre-agreed ziyādah converts the arrangement into a benefit-bearing loan and therefore constitutes indicators of riba. To maintain both Sharia compliance and rural social solidarity, the study proposes alternatives such as genuine benevolent lending with explicit anti-promise clauses, the use of sale-based contracts like salam and murābahah for agricultural inputs, and the establishment of community tabarru' funds. The study presents a context-sensitive framework for enhancing Islamic economic practices in agrarian smallholder contexts.
The Novaya customary sanction among the Kaili tribe: An analysis of al-‘urf and the maqasid al-shari’ah Ahmad Syafii; Fifin Sefriani; Sitti Nurkhaerah; Suhri Hanafi; Amiruddin Amrullah
Referensi Islamika: Jurnal Studi Islam Vol. 4 No. 5 (2026): October
Publisher : Academic Bright Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66053/ri.v4i5.1073

Abstract

Purpose – This study aims to analyze the forms and application of Novaya customary sanctions among the Kaili people, as well as to examine their compatibility with the concept of ‘urf and the principles of maqashid sharia. Design – The research method used was a qualitative approach, employing interviews and documentation as data collection methods. The study was conducted in Bulubete Village, South Dolo Subdistrict, Sigi Regency. The informants consisted of one traditional leader and four members of the indigenous community. Informants were selected using purposive sampling. The data were validated through triangulation and analyzed using the Miles and Huberman model. Findings – The findings identify seven categories of conduct addressed through the Potangara Nuada customary-hearing process. The analysis distinguishes three dimensions of Novaya: (1) customary norms defining prohibited conduct, (2) the customary procedure for reporting, hearing, deliberation, reconciliation, and restitution, and (3) material sanctions such as livestock, customary objects, and monetary payments. The first two dimensions show substantial compatibility with the requirements of ‘urf ṣaḥīḥ when they do not contradict Sharia or cause harm; the material sanctions require separate contextual assessment and cannot automatically be treated as Islamic-law sanctions. The maqāṣid analysis focuses on ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-‘ird because these are the dimensions directly evidenced by the reported cases and procedures. Research Implications – This study focuses only on Bulubete’s Kaili community, limiting broader understanding of Novaya variations across other Kaili regions. Originality – The study contributes an integrated analysis using ‘urf and maqāṣid al-Syarī‘ah. Its contribution lies in distinguishing the legal evaluation of customary norms, dispute-resolution procedures, and material sanctions, while interpreting the latter through proportionality and harm-prevention considerations.    
Co-Authors Ahmad Syafii Fifin Sefriani M. Taufan B. Marzuki Marzuki Nasaruddin Nasaruddin Sitti Nurkhaerah Suhri Hanafi