Claim Missing Document
Check
Articles

Found 12 Documents
Search

CUSTOMARY DIVORCE PRACTICES IN THE PANYABUNGAN SOCIETY: A REVIEW OF ISLAMIC LAW Edi, Sabrun; Ritonga, Raja; Dongoran, Irham
Islamic Circle Vol. 3 No. 1 (2022): Islamic Circle
Publisher : Prodi Hukum Ekonomi Syari'ah STAIN Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/islamiccircle.v3i1.1921

Abstract

In the Panyabungan community, customary law plays a strong role in regulating various aspects of life, including matters of divorce. However, these customary practices often do not align with the provisions of Islamic law, which has strict principles regarding divorce. This study aims to understand how customary divorce is practiced, the reasons for divorce recognized by customary law, and to compare these with the regulations of divorce in Islamic law. The approach used is qualitative with a descriptive-analytical method. Data were collected through field observations, interviews with customary leaders and the community, as well as literature reviews related to Islamic law and customary practices. The results of the study indicate that although there are similarities in some basic principles, such as the mutual consent of both parties, there are significant differences in the procedures and reasons for divorce between customary law and Islamic law.
Criticism of Murabahah Practices in Islamic Banks: Between Fiqh Ideals and Banking Reality Rinaldy, Fachri; Dongoran, Irham; Rivai, Andri; Muhammad Akbar, Jalaluddin; Rabbani, Muhammad Naufal
JPS (Jurnal Perbankan Syariah) Vol 7 No 1 (2026): JPS (Jurnal Perbankan Syariah) - April
Publisher : LPPM ISNJ Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46367/jps.v7i1.2940

Abstract

The development of Islamic banking in Indonesia shows that the use of murabahah contracts is more dominant than profit-sharing contracts such as mudharabah and musyarakah. This occurs because murabahah is considered simpler to implement and involves lower risks. Purpose: This study aims to examine the extent to which murabahah financing practices in Islamic banks comply with the principles of muamalah fiqh. Method: This research uses a normative legal method with a normative–critical approach by analyzing various sources, including literature on fiqh and Islamic economics, articles from scientific journals, fatwas issued by the Dewan Syariah Nasional–Majelis Ulama Indonesia, and official reports from the Otoritas Jasa Keuangan as the basis for theoretical and empirical analysis. Findings: The findings indicate that the practice of murabahah in Islamic banks has not fully complied with sharia principles, particularly regarding the obligation of ownership of goods, the clarity of the cost price, and the application of murabahah contracts in inappropriate contexts, which in some cases makes it resemble interest-based financing mechanisms. Implication: This study implies the need to strengthen compliance with sharia principles and to apply the values of muamalah fiqh more comprehensively in Islamic banking financing practices