Muhammad Ikram Nur Fuady
School of Law and Social Justice, University of Liverpool, United Kingdom

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Legal Pluralism based on World Policy Hybridization: A Comparison of Malaysian and Iranian Asset Forfeiture Muhammad Djaelani Prasetya; Amir Ilyas; Arnita Pratiwi Arifin; Muhammad Ikram Nur Fuady; Yasin Saeedi
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.28698

Abstract

Asset forfeiture has developed into a global policy adopted by various countries as an instrument of corruption eradication. The United States and Australia already have asset forfeiture programs, as do countries in Asia. The direction is to strengthen the state to fight corrupt behaviors. This study analyzes the development of the contemporary criminalization of corruptors through a doctrinal comparative study of asset forfeiture policies in Iran and Malaysia. The results of the study showed that both countries adopted the policies of the United Nations Convention Against Corruption (UNCAC) and the recommendations of the Financial Action Task Force (FATF). Malaysia retains the influence of the British legal system with adjustments to customary law, while Iran implements a more revolutionary model through the practice of expanding sharia-based confiscation. In the Indonesian context, normative and institutional obstacles remain challenges, but implementation opportunities are open through the passage of the Asset Forfeiture Bill. This study recommends that the Bill regulate policies, mechanism models, proof, institutional, execution, and penal-non-penal practices, including the implementation of expanding confiscation. Thus, Indonesia can strengthen its anti-corruption regime through asset forfeiture instruments that are in line with international standards, the practices of other countries, and Indonesia's needs.
Integrating Contemporary Islamic Law and Local Custom: A Study on the Teseng Agreement in the Bugis-Makassar Community Zainuddin; Salle; Al Mudadzir; Muhammad Ikram Nur Fuady
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i2.12221

Abstract

This study examines the integration of contemporary Islamic law and local culture through the Teseng agreement practiced within the Bugis–Makassar community. Employing normative legal research, it analyzes the Teseng institution using conceptual and comparative legal approaches. The findings reveal that Teseng represents a compelling example of the organic integration of customary law and Islamic law, in which both legal traditions reinforce rather than contradict one another. This integration did not originate from formal state authority but evolved from the community's collective pursuit of justice, mutual trust, and social harmony, with respected local leaders serving as key mediators between the two normative systems. Core customary values, including siri' and pacce, interact harmoniously with Islamic legal principles such as ʿadl (justice), amānah (trustworthiness), and taʿāwun (mutual cooperation), creating a normative framework that often proves more effective than formal legal sanctions. Despite the pressures of modernization, Teseng continues to develop as a dynamic form of living law while providing a contextually grounded and sustainable model for the development of contemporary Sharīʿah economic law. The study makes a significant theoretical contribution by strengthening the concept of living law within the framework of normative legal pluralism, demonstrating that the relationship between Islamic law and customary law is shaped through an organic, bottom-up process of negotiation rather than a hierarchical legal structure. It further enriches contemporary Islamic legal scholarship by showing that muzāraʿah and mukhābarah can be harmonized with local customary institutions when mediated by shared ethical values such as siri', taʿāwun, and amānah. Practically, the study offers a culturally grounded model of dispute resolution that promotes peaceful and equitable outcomes, while academically contributing to broader debates on legal pluralism by affirming that community-based legal traditions remain adaptive, resilient, and relevant in addressing contemporary legal challenges.