Claim Missing Document
Check
Articles

Found 13 Documents
Search

Reconciling Customary Debt and Islamic Economic Law: A Legal-Anthropological Study of Mappajalang Dowi' in Tolitoli, Indonesia B., M. Taufan; Marzuki, Marzuki; Nasaruddin, Nasaruddin; Amrullah, Amiruddin
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3776

Abstract

This article analyzes mappajalang dowi', a harvest-linked debt practice among Bugis farmers in Puse, Tolitoli, through a legal-anthropological lens that connects Islamic legal doctrine with community practice. Limited access to salaried employment and formal financial services sustains villagers' dependence on pre-harvest borrowing, with repayment due after the harvest season. Based on a qualitative case study employing observation, in-depth interviews, and document analysis, this research reconstructs the contractual structure of the practice, particularly ijab–kabul, mutual expectations, and the proportional ziyādah (increase) that may rise when repayment is delayed. A normative assessment grounded in classical Islamic jurisprudence covering benevolent lending (qardh al-hasan), gratuitous transactions (tabarru'), and unlawful gain (riba), as well as contemporary Indonesian Sharia economic regulations and fatwas, shows that the pre-agreed ziyādah converts the arrangement into a benefit-bearing loan and therefore constitutes indicators of riba. To maintain both Sharia compliance and rural social solidarity, the study proposes alternatives such as genuine benevolent lending with explicit anti-promise clauses, the use of sale-based contracts like salam and murābahah for agricultural inputs, and the establishment of community tabarru' funds. The study presents a context-sensitive framework for enhancing Islamic economic practices in agrarian smallholder contexts.
Empowering Communities: Contextualizing Living Hadith on Mosque Building for Modern Islamic Development Ahmad Siddiq Setiawan; Amrullah Harun; Nasaruddin
Al-Manar: Jurnal Kajian Alquran dan Hadis Vol. 11 No. 2 (2025)
Publisher : UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/amn.v11i2.135

Abstract

This article examines the contextualization of hadith interpretation in relation to the construction of mosques at the Darul Muttaqin Mosque in Makassar City. The research stems from mosque management practices believed to be rooted in pro-phetic traditions (hadith). This article aims to understand the mosque administrators' comprehension of the hadith on mosque construction that forms the foundation of their understanding. This is a field study employing a descriptive-qualitative method, grounded in a phenomenological approach. Primary data was obtained through interviews, and secondary data was sourced from relevant literature. The research findings and discussion indicate that the administrators of the Darul Muttaqin Mosque understand the hadith on building mosques as encompassing not only the construction of a mosque from scratch, but also the management of the mosque through infrastructure improvements and community empowerment within the mosque, which are also considered essential components of building a mosque. The research demonstrates that the hadith on mosque construction can be contextualized beyond literal building to include ongoing management, infrastructure development, and community empowerment, providing a practical framework for modern mosque administration rooted in prophetic traditions. Additionally, it highlights the "living hadith" approach in a real-world setting, offering a model that integrates theological motivation with socio-economic initiatives to enhance mosques as multifaceted community hubs.
Analisis Normatif Pengabulan Isbat Nikah Tanpa Kemaslahatan Mendesak: Tinjauan Maqashid Al-Ghazali dan Teori Tujuan Hukum Radbruch Khairiyah Khairiyah; Nasaruddin Nasaruddin; Gani Jumat
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus (Inprogress)
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/7q6cqe27

Abstract

This study examines the Decision of the Palu Religious Court Class IA Number 199/Pdt.P/2025/PA.Pal, which granted an application for isbat nikah (marriage legalization) despite the fact that Applicant II was only 16 years and 7 months old at the time the marriage took place—far below the minimum age limit of 19 years as stipulated in Law Number 16 of 2019—without explicit elaboration regarding urgent public benefit (kemaslahatan mendesak) in the legal reasoning. Using an empirical juridical approach with a qualitative method, data were collected through in-depth interviews with two informants and document analysis of the court decision. The analysis employed two theoretical frameworks: Al-Ghazali’s theory of maslahah and Radbruch’s theory of the objectives of law. The findings reveal three normative failures in the judges’ legal reasoning: negligence in age verification resulting in three different age data versions within a single decision; disregard for the hierarchy of norms, where Law Number 16 of 2019 was not mentioned even once; and the absence of an assessment of urgent public benefit as the material threshold for isbat nikah. From the perspective of Al-Ghazali’s maqashid, three of the five essential objectives of sharia at the dharuriyyah level were not fulfilled. From the perspective of Radbruch’s theory, the decision suffers deficits in all three fundamental legal values: justice, utility, and legal certainty. This study concludes that Islamic law and Indonesian positive law are not contradictory but rather complementary in their shared orientation toward protecting vulnerable parties.