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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Jurnal Ushuluddin Jurnal Adabiyah Falah : Jurnal Ekonomi Syariah Kuriositas: Media Komunikasi Sosial dan Keagamaan Li Falah: Jurnal Studi Ekonomi dan Bisnis Islam FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Izzah: Jurnal Hasil-Hasil Penelitian Al-'Adl Al-Mashrafiyah : Jurnal Ekonomi, Keuangan, dan Perbankan Syariah International Journal of Supply Chain Management Istinbath: Jurnal Hukum dan Ekonomi Islam BILANCIA El-Usrah: Jurnal Hukum Keluarga Kuriositas: Media Komunikasi Sosial dan Keagamaan Tadbir: Jurnal Manajemen Dakwah Mazahibuna: Jurnal Perbandingan Mazhab Jurnal Iqtisaduna Talaa : Journal of Islamic Finance Tadayun: Jurnal Hukum Ekonomi Syariah Rausyan Fikr: Jurnal Ilmu Studi Ushuluddin dan Filsafat Legal Protection for the Partnership Agreement Parties Al-Istinbath: Jurnal Hukum Islam International Journal of Law and Society Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Amiruddin, Muhammad Majdy
Institut Agama Islam Negeri Parepare
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Transportation Other

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IMPOSISI FATWA TERHADAP REGULASI PERBANKAN SYARIAH: (Studi Komparasi Perbankan Syariah Indonesia dan Malaysia) Muhammad Majdy Amiruddin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 12 No. 1 (2018): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v12i1.334

Abstract

The imposition of fatwa as a source of law is varies in every Muslim-majority country. Some consider it as a source of legal hierarchy and government structure. Some of which place it outside the system. The difference also affects the independence of the fatwa as well as the issuing institution. In Brunei Darussalam, fatwa has a very important position because it includes in the legal structure of the country. In Malaysia, its position is very importan too because the position of mufti level under the sultan in religious affairs. In Indonesia itself, fatwas can only bind when absorbed into the legal system prevailing in Indonesia. Different Position fatwa is also affect the regulation of Islamic banking. This study compiles the imposition of fatwas against shariah banking regulations in Indonesia and Malaysia. Qualitative method used in preparing this research. The data were collected from related literature. The results of this study indicate that the position of fatwa in sharia banking regulation in both countries is very significant. In Malaysia, the Fatwa is issued by the Shariah Advisory Council (SAC) directly under the auspices of Bank Negara Malaysia and is binding upon the approval of the Majlis Raja-raja and issued in the form of a gazette. In Indonesia, the Indonesian Council of Ulama issued Fatwas through the badan Pengawas Syariah (DNS) which was then absorbed into Bank Indonesia Regulation (PBI)
Eco-Theological Insights on The Sasi Tradition: Analyzing Environmental Ethics and Sanctions Through Fiqh al-Bi'ah and Islamic Criminal Law Haq, Islamul; L, Sudirman; Amiruddin, Muhammad Majdy
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.9412

Abstract

Environmental preservation is a crucial issue that continues to receive attention, especially amid growing concerns about environmental degradation caused by human activities. This study aims to examine the implementation of the sasi mechanism by the people of Negeri Iha, Seram Island, and Ambon and to analyze the cultural significance of the sasi system regarding the concepts of Fiqh al-Bi'ah and Islamic criminal law. Using an empirical approach with qualitative methods, this research explores how the sasi mechanism contributes to community welfare and its relevance to Fiqh al-Bi'ah. The findings reveal that the implementation of the sasi tradition is managed by customary institutions with the authority to determine when sasi is enforced or lifted. There are two forms of traditional natural resource management in Negeri Iha: sasi laut (marine sasi) and sasi darat (land sasi). The study also shows that the sasi tradition's rules, goals, and punishments are similar to those in Fiqh al-Bi'ah. Both try to get the most suitable things done while doing the least environmental harm. Furthermore, violations of the sasi tradition are subject to customary sanctions, including physical punishment, fines, or spiritual consequences, such as the belief that violations could bring curses or illness as divine retribution. This research provides valuable insights into the harmony between the sasi tradition and the principles of Fiqh al-Bi'ah in preserving nature and maintaining the balance between humans and their environment.
Mappanre Adek and Strengthening Social Bonds in Bulukumba Community, South Sulawesi: Living Qur’an and Anthropology Perspective Basri, Halimah; Miswar, Andi; Amiruddin, Muhammad Majdy; Arsyad, Aisyah; Lahmuddin, Fakhruddin
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/54mkwr51

Abstract

The Mappanre adek tradition is not only a traditional identity but also a religious identity practiced by the Bugis-Makassar community in Bulukumba, South Sulawesi. This study aims to discuss the strengthening of social ties through the Mappanre adek tradition from the perspective of the living Qur'an and anthropology. The article is important because it explains how Islamic values ​​are acculturated with traditional ceremonies among the Bulukumba community, South Sulawesi. This study uses an empirical legal method analyzed with the theory of Islamic legal anthropology. Data refers to the results of interviews and literature studies. Interviews were conducted to validate data on key informants, while literature refers to journal articles, books and research fields related to the focus of the discussion. The article concludes that it shows that traditional ceremonies, in addition to functioning as a glue for society, also contribute to the sustainability of social order through the integration of the community involved in the ceremony. This traditional ceremony exemplifies an attitude of mutual respect and sharing happiness. In addition, this traditional ceremony also structures social classes that almost never change. In the context of living Qur’an and anthropology, the tradition of mappaenre adek is an implementation of the values ​​of the Quran, such as ukhuwah Islamiyah, litaarafu, mutual respect practiced by the community. Tradition as custom contains beneficial values, namely maintaining social ties and social cohesion in society. So that the values ​​of the Quran and local culture are able to create a harmonious acculturation and accommodation
Unlocking The Potential of "Kalosara": An Extensive Analysis of Adultery Instances Dispute Resolution in the Tolaki Tribe through the Lens of al-Ishlah Concept Haq, Islamul; Hannani, Hannani; Syatar, Abdul; Amiruddin, Muhammad Majdy; Musmulyadi, Musmulyadi
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1488

Abstract

This article delves into the comprehensive examination of the dispute resolution in adultery cases within the Tolaki Tribe, specifically through the traditional practice of "Kalosara." The research also explores the relevance of Kalosara to the al-Ishlah concept in Islamic criminal law. This research uses the literature review method to establish a robust theoretical foundation. This research indicates a significant relevance between the Kalosara custom and the concept of Ishlah in the context of Islamic criminal law. The practice of Kalosara in resolving cases of adultery within the Tolaki Tribe reflects the principles of Ishlah, emphasizing reconciliation, restoration, and conflict resolution. The stages of the resolution process, from the acknowledgment of the perpetrator to the purification ceremony, mirror a holistic approach to achieving restorative justice. The research results show that the integration of Kalosara customary law in the Ishlah process reflects the aspirations of the Tolaki community for a comprehensive resolution and effective recovery at various levels, including individual, social, and broader community contexts. In the settlement through Kalosara, adulterers are expected to admit their actions, express regret, and carry out a purification process with a holistic approach to resolving conflicts and restoring social relations.
I'adah al-Nadzr (Reconsideration): A Critical Comparative Study between Indonesian Law and Saudi Arabian Law Perspectives (Fiqh Murafa’at) Haq, Islamul; Muliati, Muliati; Amiruddin, Muhammad Majdy; Maddolangeng, Nur Misyuari; Hammad, Hamza Abed Al Karim
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (596.202 KB) | DOI: 10.29240/jhi.v7i2.5248

Abstract

The purpose of this study was to ascertain the murafa’at fiqh (Saudi Arabian Law) and the Indonesian Criminal Procedure Code's perspectives on a convict's plea for i’adah al-nadzr (reconsideration). This was a normative juridical inquiry, which entailed poring over relevant material to gather data, assess content, and draw similarities between positive law and Islamic criminal law. The findings of this study indicated that review in positive law, referred to in Saudi Arabia's murafa’at fiqh as i’adah al-nadzr/al-muhakamah, attempted to ensure legal justice and judge justice in their rulings. There were parallels between positive law and murafa’at fiqh in terms of the justifications for filing reconsideration. There were, however, distinctions regarding the giyabi case as a basis for submitting reconsideration. In Saudi Arabia's murafa’at fiqh, the reconsideration application in the giyaby case could be accepted, although positive law did not cite the giyaby ruling as a reason to seek reconsideration. Positive law, on the other hand, provides for the possibility of resistance (verzet) if the defendant was not present in court and has not protested Verstek's ruling. Another parallel between positive law and Saudi fiqh murafa’at was seen in the reconsideration application regulations, which prohibited suspending the execution of rulings. However, the researcher notes that this rule cannot be applied universally.
Waqf Conflict Resolution Through Mediation (Islamic And Bugis Norm Perspective) Amiruddin, Muhammad Majdy
Li Falah: Journal of Islamic Economics and Business Vol. 4 No. 1 (2019): June 2019
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/lifalah.v4i1.1373

Abstract

The purpose of this study is to identify the causes of disputes and to describe the dispute resolution process through non-litigation mediation in Islamic and Local Norm Perspective. The type of research that compilers use is field research, namely by obtaining data from interviews, observations, and related file searches. Furthermore, this research is supported by library research as a complement. The approach in this study is a juridical-empirical approach. The results of the study concluded that  The dispute that occurred was related to the status of the land that was built on top of the Madrasah DDI Labukkang. The cause of the dispute is based on two theories, the theory of Principle negotiation and the Theory of basih human needs. The mediation process is carried out through 3 stages. First is pre-mediation. Mediation conducts the plans related to the preparation of mediation. Second is the execution of mediation. The mediator presents the disputing parties, gives an opportunity to all parties to provide information. The last is the emplementation of mediation. From the syariah perspective, the mediation complies with the 12 basic principles in Islamic Mediation. From the Bugis Norms, it complies with the five norms called pangngadareng.
Co-Authors Abdul Rahman Said, Rukman Achmad Abubakar Achmad Abubakar Agung Hadi Endaryanto Ahmad Yusuf Ahrar, Muhammad Rifki Aisyah Arsyad, Aisyah Ali Halidin Andi Miswar, Andi Arif Rahman Arif Rahman Arifuddin Arifuddin Budiman Sulaeman, Budiman Damira, Damira darwis darwis, darwis Haerul Anwar Halimah Basri Hammad, Hamza Abed Al Karim Hannani Haris, Asmaddy hasana, Nur Hasanuddin Hasanuddin Hasanuddin Hasanuddin Hasim, Hasanuddin Husain, Saddan Ilham, M. Islamul Haq Kamaluddin Nurdin Marjuni Lahmuddin, Fakhruddin M. Ilham Maddolangeng, Nur Misyuari Muammar Bakry Muhammad Ali Rusdi Bedong Muhammad Arief Muhammad Haramain Muhammad Ilham Muhammad Ismail Muhammad Ismail Muliati Muliati, Muliati Mundzir, Chaerul Musmulyadi Musmulyadi Najamiah Amir Nasir, Nur Alviana Nur Alviana Nasir Nur hasana Nurfadhilah, Nurfadhilah Nusair, Abuyamen Qaed, Issa Rahman Ambo Masse Rezky Meilia Sari Rusdi, Mikdar Salsabila, Unik Hanifah Sapa, Nasrullah Bin Sudirman L, Sudirman Syatar, Abdul Umsini, Ratna Widyawati