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All Journal JURNAL PENELITIAN KEISLAMAN AL-FALAH : Journal of Islamic Economics SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Istinbath: Jurnal Hukum dan Ekonomi Islam Jurnal Ilmiah Profesi Pendidikan
Musawar Musawar
Institut Agama Islam Negeri (IAIN) Mataram
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TRADISI NYANDAK MASYARAKAT SASAK DALAM PERSPEKTIF FIQH MU’AMALAH Musawar, Musawar
JURNAL PENELITIAN KEISLAMAN Vol 7, No 2 (2011): (Juni)
Publisher : LP2M IAIN Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article discusses sandak, a common tradition of muamalah (Islamic transaction) among the Sasak in Lombok. The tradition constitutes a model of transaction that contains commercial and economic value where the creditor takes over the debtor’s land or rice field as a secure deposit. There is no exact equivalent term for sandak in Islamic law, and yet it can still be classified as sale, lease and crop sharing which is clearly part of mua’malah. However, seen from the concept of al-rahn (mortgage), al-qarld (loan/lease) and al-riba (interest), sandak is legally problematic because some aspects of it are forbidden. To avoid being trapped in an illegal transaction, the Sasak, who mostly follow the Shafi’ite School, tend to be flexible by adopting the Hanafite school which is believed to be more accommodative to this tradition than the first school. There are two models of sandak. First, the creditor takes benefits of the secure deposit such as the rice field or garden upon the debtor’s approval, a practice permitted by the Hanafite. Second, the parties involving in this transaction use the principle of ba’y al-wafa’, that is transaction to fulfill human’s need, arguing that the need may elevate emergency.
The Typology of Sasaknese Muslim Scholars’ Views in Lombok toward the Hybrid Contract as a Problem-Solving in Islamic Finance Musawar, Musawar
AL-FALAH : Journal of Islamic Economics Vol 3, No 2 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/alfalah.v3i2.522

Abstract

This paper studies the views of Sasaknese Muslim Scholars toward the Hybrid Contract, in Lombok Island Indonesia in terms of their argumentations, typologies, and applications which becomes confusion in the society. The paper argues that problem in the transaction exists clearly. It is because of the limited meaning of Riba which is very strict that raises the society to fear to do the both in individual and group transactions since Riba have been prohibited by Al-Qur’an. While, the globalization of economic world rapidly runs which people must catch up with it. Then, related to the financial aspect of the Islamic teaching is tasted that it is running at its place. Hence, it needs to the solution. One of the solutions is applying Hybrid Contract in the view of TGH where they are very influential the life of society. Moreover, Lombok island is popularly known as thousands mosque island and soon as being seen from different references and facts. Consequently, for understanding the above phenomenon, the researcher used qualitative approach, juridical approach, and sociology by collecting data through observation, and interview to know typology Muslim scholars about hybrid contract by a hope to be the contributions for the government to take a policy. .
The Character of Legal Products in Indonesia: A Study of Changes to the Marriage Law from a Political-Law Perspective Nasrullah, Nasrullah; Andriawan, Wawan; Musawar, Musawar
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): 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.v8i1.17302

Abstract

Politics and law are two variables that can influence each other in a legal system. Legal politics is a form of state policy carried out through authorized state institutions to establish the desired regulations, which are expected to be used to express what is contained in society and to achieve the desired goals. This research aims to examine the character of statutory legal products, namely the character of legal products of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is normative legal research which makes norms the object of study using a legal approach analyzed using legal political theory. The data collection technique used is literature study. Research findings show that in general the character of the legal product of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage is responsive in view of the birth of the law. However, the provisions of Article 7 paragraph (2) of Law Number 16 of 2019 do not show a responsive or conservative character. The provisions in this article are not in accordance with the spirit of change based on Constitutional Court Decision Number 22/PUU-XV/2017 and seem ahistorical. Theoretically, the conservative character in legal politics is a legal product that is not democratic, different from responsive legal products, namely legal products that accommodate a variety of opinions. Other findings show that there is no judicial institution that has the authority to check the consistency between the provisions of one article or paragraph and another in one form of legal product.
Community Empowerment: Through The CAHAYA YBM PLN Village Program From The Educational Perspective In North Lombok Regency Hadi, Zahrul; Musawar, Musawar; Azkar, Muh.
Jurnal Ilmiah Profesi Pendidikan Vol. 8 No. 2 (2023): Mei
Publisher : Fakultas Keguruan dan Ilmu Pendidikan, Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jipp.v8i2.2485

Abstract

This research aims to investigate the community empowerment program through the CAHAYA YBM PLN Village Program from an educational perspective in North Lombok Regency. The research method used is qualitative with a case study approach. Data collection techniques include in-depth interviews with various stakeholders, participatory observation, and documentary study. Data analysis employs thematic analysis to identify major thematic patterns related to the impacts of the empowerment program. The findings indicate that the CAHAYA YBM PLN Village Program has significantly positive impacts on the local community. The program successfully enhances the quality of life by improving access to electricity, education, and skills training. In conclusion, this community empowerment program contributes significantly to enhancing local capacity in managing resources sustainably. The implications of this research underscore the need for continuous support for community empowerment programs like CAHAYA YBM PLN to ensure the sustained benefits for the community.
Prevent Child Marriage by Improving Education in West Nusa Tenggara Through Sister Province Relations with Kujawsko-Pomorskie, Poland Musawar, Musawar; Riadhussyah, M.; Bukhari, Ahmad Saifuddin; Subarkah, Alwafi Ridho
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): 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.v6i1.9198

Abstract

This study aims to determine the local government's efforts to prevent child marriage by establishing foreign relations with other countries in education, in this case, the Province of West Nusa Tenggara (NTB) and Kujawsko-Pomorskie, Poland. This foreign relationship is carried out by NTB as an effort to increase human resources through education with a country with very good quality education, namely Poland. This research method is descriptive-qualitative with the concept of sister province and the concept of Para diplomacy, which provides space for local governments to conduct foreign relations with other countries. The technique of collecting data by conducting a literature study is by examining various secondary sources in the form of books, articles, official news, and online news that are relevant to this research. The data analysis technique is through the stages of data collection, data reduction, data presentation, then drawing conclusions. The results of this study indicate that the existence of foreign relations in the context of sister provinces carried out by the Provinces of NTB, Indonesia, and Kujawsko-Pomorskie, Poland was initiated by the leaders of each province which then paved the way for educational cooperation between institutions in the two provinces. So that through this educational collaboration, the NTB Provincial Government can encourage the improvement of the quality of education which is expected to strengthen human development and prevent child marriage.
ISLAMIC FAMILY LAW AND GENDER PERSPECTIVE ON NOBLE AND LOWER CLASS MARRIAGES (CASE STUDY OF MANGKUNG VILLAGE, WEST PRAYE, CENTRAL LOMBOK) Pratama, Muhammad Izziya; Musawar, Musawar
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.959

Abstract

This research was conducted because, in the Merariq tradition, the Sasak tribe has a social hierarchy. Which, at every layer, influences Islamic Family Law and the Gender perspective. This research aims to analyze, from Islamic Family Law and perspectives, marriage among aristocratic and coralline descendants, with a research focus on case studies in Mangkung village, Central Lombok. Regarding gender equality and Islamic Law, different prices for Ajikrame occur when intermarriages occur between groups, especially those of noble descent and those of Jajarkarang descent. The incident of determining Ajikrame has a significant impact on marriage at the social level and affects Islamic Law, particularly in Islamic Family Law. Therefore, researchers are interested in exploring two research questions, namely (1) What is the practice of aristocratic and Jajarkarang marriages in Mangkung village, West Praya District, Central Lombok? (2) What is the Islamic Family Law perspective on noble and Jaja Karang marriages in Mangkung Village, West Praya District, Central Lombok? This research employs a qualitative approach with a descriptive type. The data collection method employed is a combination of documentation and interviews, while the data analysis method used is content analysis. The research utilizes both primary and secondary sources. The research results show that in the context of the marriage between Ningrat and Jajarkarang in Mangkung Village, West Praya District, Central Lombok, which was influenced by the determination of "Aji Krame," there are several aspects from the perspective of Islamic Family Law and Gender that can influence the social and cultural life of the local community. These aspects include societal alienation and its impact on gender justice. The practice of marriage between Ningrat and Jajarkarang in Mangkung Village, West Praya District, Central Lombok, is valid because it has fulfilled the conditions and requirements of a valid marriage transaction.
Co-Authors Andriawan, Wawan Bukhari, Ahmad Saifuddin Hadi, Zahrul Muh. Azkar, Muh. Nasrullah Nasrullah Pratama, Muhammad Izziya Riadhussyah, M. Subarkah, Alwafi Ridho