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Humanitarian Dalam Penerapan Hukum Ekonomi Syari’ah Muhammad Hasan
Khatulistiwa Vol 6, No 1 (2016)
Publisher : The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (488.918 KB) | DOI: 10.24260/khatulistiwa.v6i1.636

Abstract

Humanitarianism in Islamic economic law is interesting to study because as stated by Chaprah that the objectives and functions of monetary and banking systems have some similarities with those in the capitalist system. However, despite many similarities, there are significant differences in emphasis due to divergences in the commitment to spiritual values, social and economic justice, and human brotherhood. In Islamic economic law, production, distribution, and consumption are not only limited by the horizontal rights, but is also limited by the vertical rights. Humanitarianism in Islamic economic law is attached to the egalitarianism, justice and humanity. Egalitarianism is a concept that is needed in modern society, in which the tendency of modern society is individuality. Justice and humanity basically is something that is aspired by modern society but difficult to realize.
Model Pengembangan Hukum Islam Berbasis Kedaerahan: Kajian Terhadap Ijma’ Ahl Al-Madīnah dan Implikasinya Muhammad Hasan
Ulumuna Vol 19 No 1 (2015): June
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ujis.v19i1.1255

Abstract

The basic spirit of Islamic law is s\ālih\un likulli zamān wa makān. Meanwhile, Islamic law delivered by the Prophet Muhammad and developed by his companions, even by Imam of the schools, is still limited to the mindset and culture of Arab society. Therefore, efforts to resolve various issues of Islamic law that arise in different parts of the world need a prototype methodology of thinking so that the Islamic law produces humanist characteristics. This paper offers a study on the development of Islamic law methods by taking a model of ijmā‘ ‘ahl al-Madīnah. In this case, ijmā‘ ‘ahl al-Madīnah is seen as a model of manhaj istinbāt\ of Islamic law on the ground of region. In the present context, in addition to masādir al-ah\kām, ijmā‘ ‘ahl al-Madīnah needs to be positioned as the methodology of Islamic law which results in humanist Islamic legal perspective. Since ijmā‘ ‘ahl al-Madīnah as masādir al-ah\kām has grounded reason then ijmā‘ ‘ahl al-Madīnah as manhaj al-fikr has a logical argument. Its implication is that the consensus (ijmā‘) based on the regional jurisprudence has become a valid method and source of Islamic law. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1255
PENETAPAN UANG PANAI BERDASARKAN MUSYAWARAH PADA MASYARAKAT BUGIS DI KELURAHAN SAIGON, KOTA PONTIANAK Putri Irda Ardha; Muhammad Hasan; Dwita Wahyuni
Al-Usroh Vol. 5 No. 2 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v5i2.5039

Abstract

This research aims to: 1) investigate the determination of uang panai among the Bugis nobility in Saigon Sub-District, East Pontianak; 2) analyze the determination of uang panai among the non-noble class in the same location; and 3) explore the application of the deliberation principle in the determination process.The study employs a qualitative approach with a descriptive-analytical field research design.Primary data were collected through in-depth interviews and documentation with customary leaders, religious figures, and members of the Bugis community from both social strata.Secondary data were sourced from relevant academic literature.Data were analyzed thematically to identify patterns and meanings behind the existing practices.The results indicate that among 1).the nobility, uang panai is determined based on lineage, noble titles, and educational level, with values that can reach hundreds of millions of rupiah as a symbol of honor and social responsibility.2).among the non-noble class, the determination of uang panai is more flexible, adapting to economic conditions and emphasizing the appreciation of the groom's education and seriousness.3).The principle of deliberation is found to play a crucial role in both strata as a mechanism for reaching a mutual agreement without coercion, albeit influenced differently by social status factors.These findings contribute to the discourse on harmonizing customary law, Islamic values, and social reality within a pluralistic society.