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All Journal AJIS : Academic Journal of Islamic Studies Al-Kawakib
Birahmat, Budi
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Religion Humanities Education Social Sciences

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Customary Land Rights in Positive Law (Agrarian Law) and Islamic Law in Indonesia Falahy, Lutfi El; Giyarsi, Giyarsi; Birahmat, Budi
Jurnal Kawakib Vol 5 No 02 (2024): Studi Keislaman
Publisher : Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/kwkib.v5i02.227

Abstract

Abstract This study examines the intersection of customary land rights (hak ulayat) and Islamic inheritance law within Indonesia's positive legal framework. Customary land rights, deeply embedded in the social fabric of indigenous communities, represent collective ownership and stewardship that have been integral to Indonesia's agrarian system. These rights are formally recognized in the 1945 Constitution and the Basic Agrarian Law of 1960, reflecting the nation's cultural heritage and communal values. The integration of adat law and Islamic law highlights the adaptability of these legal systems, particularly through concepts such as musha' (collective ownership) and ihya’ al-mawat (revitalizing unused land), which align with the principles of maqasid shariah to ensure justice, public welfare, and sustainability. Despite their alignment, the implementation of these principles faces challenges, including regulatory complexities and conflicts between national development goals and indigenous claims. This paper employs a qualitative, descriptive-analytical approach to explore how communal land rights and inheritance practices are recognized and adapted within Islamic and national legal frameworks. It underscores the potential for harmonizing customary law with modern legal structures to promote equitable resource management, protect indigenous rights, and achieve sustainable development. The findings emphasize the critical role of maqasid shariah in reconciling traditional practices with contemporary governance, offering insights into fostering legal and social integration in Indonesia.
Ahl Al-Kitab and the Laws of Marriage (Implementation of Interpretation Method) Birahmat, Budi; Dedi, Syarial
AJIS: Academic Journal of Islamic Studies Vol. 8 No. 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v8i2.8146

Abstract

The issuance of SEMA (Supreme Court Circular Letter) No. 2 of 2023, revived the discussion about the meaning of ahl al-kitab in surah al-Maidah verse 5. Al-Qur'an as a holy book is responsible for explaining the terms used so that people do not misunderstand them, according to one of its functions, namely, al-baiyyinah (explainer). One of them is the term ahl al-kitab. This study is very important because it relates to the issue of marriage. This paper aims to understand the meaning of ahl al-kitab in the Qur’an by using the interpretation method that has been passed down by scholars. This was done to be guided and avoid mistakes. This study is in the form of library research (literature) with a method (content analysis) in the form of reduction, verification, and inference steps. This paper concludes that Ahl al-kitab are Jews and Christians descended from the Children of Israel who still believe, and they are the ones who are allowed to marry. Even so, reality teaches that a new marriage will be lasting and peaceful, if there is conformity in the views of life between husband and wife, especially in matters of religion.
Co-Authors Giyarsi, Giyarsi lutfi el falahy, lutfi el Syarial Dedi