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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Millah: Journal of Religious Studies Unisia al-Mawarid Jurnal Syariah dan Hukum (JSYH) Journal of Islamic Economics Lariba JPNM : Jurnal Pustaka Nusantara Multidisiplin
M. Roem Syibly, M. Roem
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Religion Humanities Astronomy Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Unisia

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Legal Culture of Customary Inheritance Division in the Sasak Community: A Review from the Perspective of Legal Plurality and Islamic Legal Anthropology Syibly, M. Roem; Walijah, Nurhasanah
Unisia Vol. 42 No. 2 (2024)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol42.iss2.art3

Abstract

This study aims to discuss the legal culture of inheritance distribution in a Sasak community in Jerowaru Village, Lombok by reveal the interaction of customary law and Islamic law used in distributing inheritance. This study is a qualitative descriptive which considers normative legal research and empirical legal research, as well as Islamic law anthropology and legal pluralism perspective. Qualitative data was collected by conducting in depth interviews with religious leaders, traditional leaders and community members. Number three: Sasak community has a pattern of heritage distribution (inheritance distribution) in the form of "Sak Mame Belembah Sak Nine Bereson" sons get more than daughters. It illustrates the give and take of customary law with its emphasis on social equilibrium and family responsibility, together with Islamic legal practices tailored to local realities. The analysis by Griffiths and Hooker in legal pluralism theory, as well as from Clifford Geertz and John Bowen in Islamic legal anthropology, shows that the law in the Sasak community has appeared not static law but dynamic law, which is responsive against social change. Inheritance law integrates customary law, and Islamic law eventually produces an inheritance legal system that is broad and flexibly ensures substantive and distributive justice; one way is to amalgamate cultural values and religious needs embraced by the society. To its academic contribution, this research is an answer revealing how complex the legal dynamics are in a plural societies context, and there is a new way of looking to create Islamic Law in line with Consuetudo Law to build a legal system that is fair and responsive by referring to local wisdom.
Islamic Environmental Jurisprudence and Ecological Justice: A Case Study of the Tumpang Pitu Mining Conflict Napitupulu, Abdul Khaliq; Syibly, M. Roem; Ilfansyah, Muhammad Ananda; Dinanta, Imam
Unisia Vol. 43 No. 2 (2025)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol43.iss2.art12

Abstract

The gold mining conflict in Tumpang Pitu, Banyuwangi, illustrates the clash between economic interests, environmental sustainability, and local community rights. This study aims to explore the relevance of environmental jurisprudence from an Islamic perspective, particularly in addressing ecological degradation and social inequality caused by mining activities. Using a qualitative case study approach, the research analyzes the environmental and social consequences of mining operations in Tumpang Pitu, focusing on Islamic principles such as environmental preservation, the objectives of Islamic law, and human responsibility as stewards of the earth. The findings reveal that the conversion of protected forests into production forests, driven by corporate and political interests, led to significant ecological damage, including floods and deteriorating water quality. Local communities, particularly fishermen, have suffered from the environmental degradation that mining caused. The study highlights how Islamic environmental jurisprudence provides a framework for ecological justice, advocating for sustainable practices and equitable resource distribution. It underscores the importance of integrating Islamic values into environmental policy and development, emphasizing the need for a holistic approach that combines spirituality, rationality, and social responsibility. Ultimately, this research calls for the adoption of environmental jurisprudence as a foundation for promoting ecological sustainability and justice in the face of modern industrial practices.
Co-Authors Ahsani, Muhammad Farhan Al Hadid, Hanip Dinanta, Imam Ilfansyah, Muhammad Ananda Maulidah, Fidia Nurul Muhammad Riyadi Napitupulu, Abdul Khaliq Qolbunnuzuli, Dzikrina Walijah, Nurhasanah Zulkarnain , Rifki