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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

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

Narasi Religiusitas Politik : Strategi Calon Gubernur Kalimantan Selatan Pada Pemilukada 2020 Wahdini, Muhammad
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 1 (2023): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i1.4287

South Kalimantan, which is dominated by the Banjar tribe, has a strong religious culture in various sectors, including the political sector. Tuan Guru's role is very important in the political map of South Kalimantan, so that in every political contest, Tuan Guru's role cannot be ignored in gaining public support for candidates. As the one-election governor of 2020, the role of Tuan Guru is very influential in the process of winning one of the candidate pairs. This paper aims to analyze the pattern of religious narratives in politics that occur in Indonesia's Borneo South. In addition, this paper also analyzes the role of Tuan Guru in the world of politics in South Kalimantan. This writing was produced from a literature review with data sources in the form of important research results related to religious and political issues in Kalimantan. This paper also uses articles that are directly related to the issue at hand. This paper argues that the narrative of political religiosity is a strategy used by candidate pairs to gain the sympathy of voters. The approach with Tuan Guru carried out by the candidates was, in fact, very effective in gaining votes in the gubernatorial election process.

POLITIK HUKUM PERADILAN AGAMA DALAM PROSEDUR PENYELESAIAN SENGKETA EKONOMI SYARI’AH Tanjung, Ardi Akbar; Wahdini, Muhammad
Jurnal Hadratul Madaniyah Vol. 11 No. 1 (2024): Jurnal Hadratul Madaniyah
Publisher : Institute for Researches and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jhm.v11i1.7575

The existence of the judiciary for the Muslims is a discretion. The religious courts as litigation institutions have absolute authority. Since the birth of Act No. 3 in 2006, Sharia economic disputes have fallen within the scope of absolute jurisdiction. However, the legislative provisions that have been introduced recently have reduced the authority in question. Based on the Law on Religious Justice and reinforced by the Constitutional Court Decision No. 93 of 2012 has its own advantages and constraints in the exercise of its role. The results of this study show that the Religious Court, in addition to limiting the forms of non-litigation settlement that can be chosen, also constitutes a new norm that the parties are granted rights by means of obstacles which it makes shift the power of the court in the environment of religious justice to power in the general environment of justice. In addition to the settlement of economic disputes of the Shariah: Sources of the Law of Events (Formal Law) and Material Law Sources, consisting of: Regulations of Laws-Laws, Fatwa-fatwa of the National Council of Shari'ah (DSN), Aqad Treaty (Contract), Fiqih and Ushul Fiqich, Customary Habits, and Jurisprudence.

Pemikiran Fikih Perempuan dalam Kitab Parukunan Banjar Yamani, Antung; Ariyadi, Ariyadi; Muhammad Wahdini
Al-Qalam: Jurnal Kajian Islam dan Pendidikan Vol 15 No 2 (2023): Volume 15 Nomor 2 2023
Publisher : LP2M Universitas Islam Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-qalam.v15i2.2323

This paper discusses the thoughts of Banjar women scholars as outlined in the great Parkununan book. The book which was originally given the name "Parukunan Besar" is thought to have been written in the 1820s. Parukunan is a basic book which contains the basic pillars of purification or thhaharoh such as ablution, bathing, tayammum, prayer, attribute 20 and other important prayers. This Parkunan book was written by a Banjar woman scholar named Fatimah bint Syekh Abdul Wahab Bugis. The urgency of this research is shown that the role of female clerics at that time was evidently present in the absence of freedom of expression for women, even the Parukunan book by Fatimah had to attribute the author's name to her uncle, Sheikh Jamaludin. This research is classified as library research by studying literature or classic manuscripts. In this book, various chapters are explained, namely matters of Aqidah, Worship, and some of the interesting mu'amalahs, there are special chapters that discuss women's issues, namely menstruation, childbirth, wiladah and istihadhah

Efektivitas Lembaga Penyelenggara Pemilihan Umum Serentak 2019: Evaluasi Menyongsong Pemilu Serentak 2024 Wahdini, Muhammad
Jurnal Bina Praja Vol 14 No 1 (2022)
Publisher : Research and Development Agency Ministry of Home Affairs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21787/jbp.14.2022.123-134

The Presidential, Vice Presidential, and Legislative General Elections were held simultaneously for the first time in 2019 as a constitutional implication of the Constitutional Court Decision Number 14/PUU-XI/2013 and the enactment of Law Number 7 of 2017 concerning General Sorting. This study aims to identify the extent of the effectiveness of The General Election Supervisory Agency in the first simultaneous implementation as an effort to face the simultaneous general election in 2024 so that it can run optimally and minimize the occurrence of errors in the general election organizing sector. The method used in this study focuses on collecting data so that this research design is descriptive qualitative. In practice, there are still many problems that occur in the organizers of the General Election. Election organizers established by law are the General Election Commissions, The General Election Supervisory Agency and the Election Organizer Ethics Council In the context of the effectiveness of the General Election Supervisory Agency. In general, the General Election Supervisory Agency has carried out its duties to the fullest, still leaving a record that it is not yet effective. The General Election Commissions as technical organizers in the General Election noted very crucial problems such as human resources that were not directly proportional to the workload carried out, causing many to get sick and even die, besides that the Permanent Voters List is still a crucial problem in the 2019 simultaneous general election, asynchronous Permanent Voters List so that millions of people cannot cast their ballots. Various administrative sectors that also experienced many problems are still being evaluated. The General Election Supervisory Agency is experiencing problems with violations and crimes that occur in the implementation of general elections are also not maximized. The Election Organizer Ethics Council which is authorized to follow up on ethical code issues tends to be considered successful, although it still leaves a record for improvement. Facing the simultaneous general election in 2024, then a comprehensive evaluation of these problems will be treated.

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

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

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

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

The Making of Character through Local Culture: Scrutinizing the Madihin Tradition in the Banjar Community Abdillah, Muhammad Torieq; Budiarti, Erlita; Fikrianoor, Ardiyan; Fatmawati, Amelia; Wahdini, Muhammad
Contemporary Society and Politics Journal Vol. 2 No. 2 (2023): Contemporary Society and Politics Journal (CSPJ)
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32939/cspj.v2i2.3238

Numerous incidents and reports concerning behaviors deviating from societal norms have marred the nation's character. One of the causes is the orientation of education itself, which predominantly focuses on cognitive aspects. Therefore, it is crucial to establish a new educational paradigm based on character education. The objective of this research is to understand how the local art form of Madihin can be implemented as a new paradigm in education, serving as a learning tool through the wisdom embedded in it to shape a cultured and charactered society. The research employs a qualitative descriptive approach with field research. The findings reveal that Madihin can serve as a learning tool with cultural significance. The implementation of Madihin as a learning tool to shape a cultured and charactered society can be provided to the community in the form of: First, serving as 'moral excellence' within the Madihin verses themselves to shape character through the development of virtues that have meaning in life. Secord, focusing on soft skills to maintain noble cultural values and cultivate a holistic mindset. Third, providing knowledge about character with cultural education as the basis for daily behavior. Keywords: Learning Tool, Madihin, Cultural, Character Education

Legal Products and Political Configuration in Post-Amendment Indonesia: Narratives, Actors, and the Influence of the Digital Society Wahdini, Muhammad; Habibi, Ahmad; Shaleh, Muhammad Noor
Contemporary Society and Politics Journal Vol. 4 No. 1 (2025): Contemporary Society and Politics Journal (CSPJ)
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32939/cspj.v4i1.5678

This research discusses the dynamic relationship between political configuration, the character of legal products, and the role of the digital society in Indonesian legal politics post the Fourth Amendment of the 1945 Constitution of the Republic of Indonesia. Two classical views on the relationship between law and politics, between law as a social controller and law as a product of societal dynamics, serve as a foundation for understanding contemporary realities. Mahfud MD's findings on the relationship between political configuration and the character of legal products indicate that political changes have direct consequences on the orientation of the regulations that emerge. However, this study highlights that the current political configuration is no longer solely determined by elites and formal structures, but also by a new force: the digital society. The emergence of actors such as influencers, online activists, and political buzzers marks a shift in the way the public participates and influences the course of legislation. On the other hand, the open digital space also presents threats in the form of polarization, disinformation, and digital oligarchy. Through a qualitative approach and literature study, this research finds that Indonesia's legal politics today are becoming increasingly complex, full of challenges, but also hold new hope for broader and more meaningful public participation. The implications of this study emphasize the importance of adaptive legal reforms, paying attention to digital dynamics, and strengthening media ethics as part of the Indonesian legal political ecosystem that upholds decency.

PERSEPSI ULAMA MUHAMMADIYAH KALIMANTAN TENGAH TERHADAP PENGAKUAN KAWIN BELUM TERCATAT: (Rekognisi Fatwa Majelis Tarjih Tentang Pencatatan Nikah) Wahdini, Muhammad; Norcahyono, Norcahyono
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 14 No. 1 (2022): September 2022
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v14i1.1648

This paper aims to analyze two key variables between the policy of acknowledging marriages that have not been recorded by the Dukapil and the fatwa of the Muhammadiyah Tarjih Council through the perceptions of Muhammadiyah scholars in Palangkaraya City. The type of field research is that researchers conduct direct interviews with careful objects with a phenomenological approach. The results of this study indicate that several sources chose to look at different spaces for the case of unregistered marriage, there is a condition that non-sirri marriage is done intentionally. So it is not absolutely forbidden to marry siri. Regarding the Dukcapil policy, Muhammadiyah Ulama see the positive side with the intention to accommodate and provide administrative convenience to the perpetrators of unregistered marriages who may not know the obligation to register marriages. However, it is certain that the Dukcapil must pay attention to the provisions of the Marriage Law in order to create harmonization between policies. The Muhammadiyah cleric of Palangkaraya city has the principle of Maslahah in this case.

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