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All Journal AL QUDS : Jurnal Studi Alquran dan Hadis SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam TAHKIM Jurnal Ulunnuha Tahdis: Jurnal Kajian Ilmu Al-Hadis Mazahibuna: Jurnal Perbandingan Mazhab Jurnal Al-Mubarak: Jurnal Kajian Al-Qur'an dan Tafsir Jurnal Studi Islam Muqaranah Legal Protection for the Partnership Agreement Parties Ihyaussunnah : Journal of Ulumul Hadith and Living Sunnah International Journal of Law and Society IJBLPS Jurnal Al-Mubarak: Jurnal Kajian Al-Qur'an dan Tafsir J-CEKI
H. Rajab
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

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Ethical Governance in Public Service: A Comparative Study of Hadaya al-‘Ummal in Islamic Law and Gratification in Indonesian Law H, Rajab; Paee, Rokiah; Thalhah; Nurdin, Rustina
International Journal of Law and Society Vol 3 No 3 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i3.120

Abstract

Corruption continues to undermine governance, economic growth, and public trust in Indonesia. This study compares the Islamic concept of Hadaya al-’Ummal which strictly prohibits public officials from accepting any gifts that might compromise their integrity with the Indonesian legal framework on gratification, which permits gift acceptance provided that such benefits are reported within a specified period. Employing a qualitative comparative analysis grounded in Principal-Agent theory, the research examines five dimensions: the definition of gift-giving, the scope of recipients, legal sanctions, reporting mechanisms, and the handling of gifts. Data were collected from classical Islamic texts, legislative documents, and recent empirical studies to offer a comprehensive perspective on how ethical principles and legal measures interact in the context of corruption control. The findings reveal that Hadaya al-’Ummal offers a clear ethical guideline rooted in Islamic teachings, yet its informal enforcement limits its practicality in modern public institutions. In contrast, while the Indonesian legal framework provides explicit sanctions and formal reporting channels, its broad definitions and cultural nuances result in ambiguities and inconsistent application. High-profile cases have highlighted these challenges and underscored the need for clearer definitions and more effective oversight. The study argues that an integrated approach that refines legal definitions improves reporting systems and promotes comprehensive bureaucratic reforms while maintaining ethical accountability is essential to reduce corruption. These insights have important implications for developing anti-corruption strategies that enhance transparency, accountability, and ultimately, public trust.
The Abdau Tradition as a Living Hadith: Interplay of Islamic Law and Local Customs in Qurban Ritual at Tulehu, Maluku Rajab, Rajab; Ode, Wa Ulfa; Achyar, Gamal; M.Yunus, Fakhrurrazi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v9i2.28679

Abstract

Abdau represents a tradition of slaughtering Qurban practiced by the Muslim community of Tulehu during Eid al-Adha. This tradition commences with the meticulous preparation of three goats, which are bathed, dressed, and perfumed. They are then paraded through the village to the mosque for slaughter, accompanied by the chanting of salawat, dhikr, poems, and the pursuit of the tauhid flag along the route. This parade also showcases various cultural attractions, transforming it into a carnival that draws numerous tourists. Currently, Abdau faces significant criticism for allegedly breaching numerous fundamental principles of sharia. This research seeks to reveal the origins of this celebration and elucidate its connection to the practices derived from the Prophet's hadiths that persist within the community. This is a qualitative study, utilizing data gathered from written sources pertaining to the Abdau celebration, complemented by interviews with religious leaders, traditional authorities, and government officials in the Tulehu region who possess a deep understanding of the intricacies of the Abdau celebration. The data were subsequently examined utilizing the living hadith methodology. This study reveals that Abdau is an Islamic teaching rooted in the societal tradition, rather than a practice of a society that has undergone Islamization. The celebration of Abdau did not exist prior to the arrival of Islam; instead, it emerged concurrently with the establishment of the Tulehu region, which is home to a Muslim community. Examining the living hadith, the Abdau tradition in each of its ritual series reveals connections to the hadiths of the Prophet and its relevance to the Islamic law. Abdau is a tradition that involves the living hadith in Tulehu, particularly in the context of Qurban and its relation to the Islamic law.
Co-Authors Afdhal Yaman Arizal Hamizar Dahlan, Mohd Akram bin Dato Dahaman Dety Aryani Relubun Fatmah Watty Pelupessy Gamal Achyar Hasan Hj. Rustina N Husin Wattimena Kamal, Latri M.Yunus, Fakhrurrazi Malawat, Fadli Fendi Marlina Wally Muammar W. Maruapey Muhammad Reza Nacikit Muhammad Saiful Manilet Mulyana Mulyana Nurdin, Roswati Ode, Wa Ulfa Paee, Rokiah Rahman, Mustafa Roswati Nurdin Roswati Nurdin Thalhah