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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-'Adalah Al-Ahkam Nurani: Jurnal Kajian Syariah dan Masyarakat EDUCARE ATIKAN Syariah: Jurnal Hukum dan Pemikiran Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman Khazanah: Jurnal Studi Islam dan Humaniora JHCLS i-Latinnotary Journal: Internasional Journal of Latin Notary
Alias Azhar, Alias
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Religion Arts Humanities Astronomy Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) Wahidah, Wahidah; Azhar, Alias
al-'adalah Vol 16 No 2 (2019): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i2.4578

Abstract

This research illustrates the practice of inheritance in the Banjar community of South Kalimantan. The aim is to see the extent to which the provisions of Islamic inheritance law (farāidh) are applied by the member of society in everyday life. This phenomenon is revealed through several field research methods, especially in-depth interviews, the results of which are then analyzed to obtain conclusions. This study found the fact that although in general, the majority of Banjar people of South Kalimantan resolved their inheritance cases by farāidh (Islamic inheritance law), there was a tendency for some citizens to put forward the spirit of "Badamai (Keeping Peace)" to bring up ways of resolving inheritance cases that seemed varied and unique. In such a model, the formulation of the inheritance distribution specified in the farāidh is not fully implemented but is modified through the hibah wasiat (testamentary grant) method. In the case of ashābah bi al-ghair (heirs of a different gender), the pattern of division of "two to one" is not carried out by the mushi (testator)  because of certain reasons/considerations related to the real condition of the heirs (economic level, marital status, age, etc).
Family Resilience in Coastal Java Communities in the Context of Climate Change: Perspectives from Walsh and Islamic Law Zaenurrosyid, A; Azhar, Alias; Hasanah, Uswatun; Sholihah, Hidayatus
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.35062

Abstract

This study aims to explore various patterns of family resilience influenced by diverse interpretations of fiqh within Javanese coastal Muslim communities. The significance of this study is underscored by the impact of climate change along the north coast of Java, particularly due to the cross-national toll road project, which causes tidal flooding in Bonang, Demak, affecting family resilience in the coastal areas of Java. This qualitative research employs a socio-anthropological approach alongside Islamic law. Data were collected from religious leaders (kyai), village officials, and Muslim families across four coastal villages in Bonang, Demak, Central Java. The data collection techniques included semi-structured interviews and direct observation, supplemented by relevant documents and references. The research identifies three primary findings: Firstly, various forms of resilience among coastal Muslim families in North Java are uniquely shaped by the impacts of climate change. Secondly, the effects of climate change have fostered a new understanding that emphasizes integration and equality in the rights and responsibilities of husbands and wives. Thirdly, the family resilience models of coastal communities in the islands of Java are based on interpretations of family fiqh influenced by economic capacity, education, and social networks. This study contributes to the development of a dynamic understanding of fiqh that impacts the resilience of coastal community families in adapting to the challenges posed by climate change. Further recommendations include strengthening the economic capacity of coastal families through the provision of progressive education to enhance the religious and social resilience networks of coastal Muslim families.
Legal and governance issues of donations based crowdfunding: an appraisal Nor, Mohd Zakhiri Md; Azhar, Alias; Rachmawati, Irma; Sumadikara, T. Subarsyah; Turmantar, Firman; Sumantry, Deden; Mulyadi, Leni Wini; Santika, Tisni; Septianita, Hesti; Saba, Irum
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i1.54

Abstract

Donation-based crowdfunding is now common in many countries in the world. It has been increasingly important, particularly during Covid-19, and is viewed as one of the strategies for addressing financial challenges in some segments of society. Government and non-governmental organizations. However, the scammer activities via crowdfunding are increasing and Malaysian laws are only regulated the Equity Crowdfunding (ECF) and Peer to Peer Financing (P2P) This paper will focus the discussion of Malaysia's legal framework for crowdfunding. The paper investigates the issues surrounding donation-based crowdfunding in Malaysia. This paper employs qualitative methodology and phenomenology as a case design. Data will be gathered from statues, journals, and other written materials. Thematic and content analysis will be used to analyse the data. This paper discovered that there are issues with donation-based crowdfunding conducted by individuals or non-governmental organizations. This paper concludes thatthere is a pressing need to regulate donation-based crowdfunding in Malaysia in order for it to achieve the donor goals and Maqasid Syariah.
Female Circumcision in Banjar Culture: Navigating Customary Law, Islamic Law, and Human Rights Muzainah, Gusti; Firqah Annajiyah Mansyuroh; Rusdiyah, Rusdiyah; Azhar, Alias
Al-Ahkam Vol. 35 No. 2 (2025): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.2.27814

Abstract

This study examines the practice of female circumcision (basunat) among Banjar communities in South Kalimantan-Indonesia, where customary law and Islamic belief intersect with global human rights discourse. The research addresses the legal tension between the international prohibition of Female Genital Mutilation (FGM) and local acceptance grounded in 'urf and maqāṣid al-sharī‘a. Using a normative legal approach supported by qualitative field data—interviews, local regulations, and fiqh analysis—the study reveals that basunat is a purely symbolic, non-cutting, and non-invasive ritual performed hygienically by trained midwives. Distinct from FGM, it functions as a rite of purification and moral responsibility, strengthening social cohesion and spiritual identity. The findings demonstrate a form of localized legal consciousness that reconciles cultural practice with Islamic legal reasoning. The study contributes to scholarship on legal pluralism, urging context-sensitive legal frameworks that differentiate symbolic basunat from FGM while safeguarding both human rights and cultural heritage in pluralistic societies.
Co-Authors A Zaenurrosyid Deden Sumantry Firqah Annajiyah Mansyuroh Gusti Muzainah Hidayatus Sholihah Hussain, Mohammad Azam Ibnu Elmi AS Pelu Jalaluddin Jalaluddin M. Fahmi Al Amruzi, M. Fahmi Maruf, Irma Rachmawati Mohd Nizho bin Abdul Rahman, Mohd Muhsin Aseri, Muhsin Mulyadi, Leni Wini Nor, Mohd Zakhiri Md Nor, Mohd Zakhiri Md. RUSDIYAH RUSDIYAH Saba, Irum Septianita, Hesti Sumadikara, T. Subarsyah Syaikhu Syaikhu, Syaikhu Syarifuddin Syarifuddin Tisni Santika Tri Hidayati Turmantar, Firman Uswatun Hasanah Wahidah Wahidah