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Sompa Tanah in Makassar Bugis Customary Marriages: Legal, Religious, and Cultural Perspectives Maloko, M. Tahir; Indiyanto, Agus; Fernando, Henky; Larasati, Yuniar Galuh
Jurnal Ilmiah Peuradeun Vol. 12 No. 3 (2024): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v12i3.1309

Abstract

The submission of dowry in the form of land (Sompa Tanah), as practiced by the Bugis community in Bone, reflects the flexibility of local mechanisms in addressing real-world challenges based on the ideal values of tradition. This study is important in the broader discourse on dowry, which often highlights cultural legitimacy in perpetuating violence and the subordination of women. The provision of Sompa Tanah in Bugis society serves as a cultural, legal, and religious mechanism to establish legal certainty regarding rights and obligations in marital relations. This descriptive qualitative research draws on observation and interview data, which are then analyzed contextually to understand their relevance to social management within the community. The findings indicate that Sompa Tanah functions as a legal mechanism that not only regulates rights and obligations in marriage but also provides legal certainty within the marital bond. The legal security afforded to women serves as a safeguard for their rights as wives and mothers within a patriarchal society. As a legal mechanism, Sompa Tanah ensures social order and gains customary and cultural legitimacy, which strengthens the position of women in the Bugis social structure. Additionally, marriage, as a social bond, carries the risk of divorce, which is also legally acknowledged. Consequently, this paper recommends further comparative studies to explore the practice of Sompa Tanah across different regions to gain more comprehensive and in-depth knowledge.
Transaksi Digital dan Aset Kripto dalam Tinjauan Fikih Muamalah Kontemporer Wahid, Khaerunnisa; Fatimah, Nurul; Idrus, Achmad Musyahid; Maloko, M. Tahir
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 10 (2025): November
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18217187

Abstract

The rapid advancement of digital technology has transformed global financial systems and introduced new instruments such as cryptocurrencies, which have attracted widespread attention in modern society. This article, titled “Digital Transactions and Cryptocurrency in the Perspective of Contemporary Fiqh al-Muamalah,” aims to analyze the legal status, ethical dimensions, and socio-economic implications of digital assets within the framework of Islamic jurisprudence. The study employs a qualitative-descriptive approach, drawing upon classical and contemporary fiqh sources, scholarly fatwas, and modern Islamic financial regulations. The findings indicate that digital transactions, including cryptocurrency usage, are permissible (mubah) under Islamic law, provided they fulfill the principles of Islamic muamalah—namely contractual clarity (al-aqd al-sarih), justice (al-adl), and avoidance of gharar (uncertainty), riba (usury), and maisir (gambling). Cryptocurrencies may be recognized as a legitimate form of investment and medium of exchange when their intrinsic value, transparency, and purpose align with Shariah principles. However, the volatility of value and potential misuse in illicit transactions necessitate strong Shariah oversight and state regulation. Therefore, from the standpoint of contemporary fiqh al-muamalah, cryptocurrencies can be classified as mal istibdali (substitutable assets), permissible under Shariah when they serve public benefit (maslahah ammah) and uphold ethical financial practices.
Delaying the Age of Marriage From the Perspective of Contemporary Fiqh and Maqāṣid Al-Sharīʿah Assiddiq, Mahfuz; Khaerunnisa, Nadia; Maloko, M. Tahir; Musyahid, Achmad
Al-Fikru: Jurnal Ilmiah Vol. 19 No. 2 (2025): Desember (2025)
Publisher : STAI Serdang Lubuk Pakam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51672/alfikru.v19i2.870

Abstract

The trend of delaying marriage in contemporary Muslim societies has increased in line with social, economic, and cultural changes. This phenomenon has sparked normative debates in Islamic law as it conflicts with the recommendation to marry early and raises concerns about moral and social impacts. This study aims to analyze the social and moral implications of delaying marriage age through the perspective of contemporary fiqh using the maqāṣid al-syarī‘ah approach. The research uses a qualitative method with a literature review, with data sources in the form of classical and contemporary fiqh literature, works on maqāṣid al-syarī‘ah, as well as secondary data from official reports from the Central Statistics Agency and BKKBN and relevant scientific articles. The analysis was conducted descriptively and analytically by considering the practice of postponing marriage based on the principle of jalb al-maṣāliḥ wa dar’ al-mafāsid. The results of the study show that postponing marriage can be beneficial if it serves to mature economic, psychological, and social readiness, but has the potential to become harmful if it opens up space for moral violations and weakens self-control. A reinterpretation of the concept of istiṭā‘ah based on maqāṣid is necessary so that legal assessments are contextual and proportional.