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All Journal Mazahibuna: Jurnal Perbandingan Mazhab AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Al-Manahij : Jurnal Kajian Hukum Islam
Kamsi
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts Hasanudin; Kamsi; Anshori, Ahmad Yani
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11934

Abstract

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.
Harmonization of Customary Law, Green Constitution and Green Fatwa: Case Forest Burning and Land for Agriculture in Central Kalimantan Muhammad Wahdini; Hasse Jubba; Kamsi; Achmadi; Ardi Akbar Tanjung; Ahamed Sarjoon Razick
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.55190

Abstract

Central Kalimantan is a province that often has large-scale forest and land fires. The problem is then associated with the local wisdom of the Dayak tribe as the indigenous tribe of Central Kalimantan who still carry out the manugal tradition where one of the stages is to burn land before farming. The practice of the manugal tradition includes burning land before farming with the aim of fertilizing the soil. In the realm of positive law, many environmental laws and regulations, which are then called green constitutions, regulate the anticipation of forest and land fires. In addition, Islamic law also talks a lot about the concept of environmental management, in the context of Indonesia, the Muslim community responds to various environmental issues with various responses such as issuing environmental fatwas which are then known as green fatwas. Therefore, the question arises how the green constitution and green fatwa review the manugal custom as a local wisdom or customary law. The frequent contradiction between customary law, Islamic law and positive law encourages the author to conduct research in this perspective. This research method is normative juridical using statutory and conceptual approaches. The results of this study indicate that in the perspective of green constiution from the level of the Constitution to the legislation has accommodated the custom as long as it does not cause widespread forest and land fires. In the green fatwa perspective, only MUI specifically issued a fatwa on forest and land burning through fatwa number 30 of 2016 which legally prohibits, but there are exceptions for controlled forest and land burning and aims for benefits. So that the manugal custom remains in the corridor of harmonization with the green constitution and green fatwa
Acceptance of Special Mining Business License by Muhammadiyah : Siyasah Shar'iyyah Perspective Muhammad Wahdini; Hasse Jubba; Kamsi; Wahdini, Muhammad; Jubba, Hasse; Kamsi, Kamsi
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.27325

Abstract

This research originates from a shift in Muhammadiyah’s stance toward ecological, legal, and political policies in Indonesia. While Muhammadiyah was previously known as a movement critical of natural resource exploitation and unjust environmental policies, in the case of the government’s issuance of the Special Mining Business License (Izin Usaha Pertambangan Khusus or IUPK), it has instead adopted an accepting attitude. This study aims to critically analyze the reasons and normative justifications behind Muhammadiyah’s acceptance of the IUPK through the perspective of Siyāsah Syar‘iyyah, and to examine the transformation of its political-legal position within the ecological context. Employing a normative legal approach, this research collects data through document analysis and in-depth interviews with relevant stakeholders. The findings reveal that, from a ratio legis perspective, Muhammadiyah’s acceptance of the IUPK is driven by the spirit of empowering the people’s economy and the aspiration to serve as a model for equitable and sustainable mining governance. This position is further reinforced by the Majelis Tarjih and Tajdid’s fatwa on mining and energy transition, which does not categorically prohibit mining activities in light of the nation’s dependency on the sector. Within the framework of Siyāsah Syar‘iyyah, this stance may be classified as siyāsah shar‘iyyah ijtihādiyyah—a form of public policy derived from ijtihād to realize the common good (maṣlaḥah ‘ āmmah) as long as it does not contradict the fundamental principles of Sharia
Co-Authors Achmadi Ahamed Sarjoon Razick Ahmad Yani Anshori, Ahmad Yani Ardi Akbar Tanjung Hasanudin Jubba, Hasse Kamsi Kamsi, Kamsi Muhammad Wahdini