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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 Pena Justisia: Media Komunikasi dan Kajian Hukum 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 Parewa Saraq: Journal of Islamic Law and Fatwa Review Referensi Islamika: Jurnal Studi Islam
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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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.
Integrating Wasthiyah Paradigm to the Issuance of COVID-19 Fatwa; Indonesia Case Abdul Syatar; Achmad Abubakar; Muhammad Majdy Amiruddin; Chaerul Mundzir; Muammar Bakry
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.1717

Abstract

This article aims to integrate the wasathiyah paradigm of the Majelis Ulama Indonesia (MUI) fatwa product and the reality of religious social issues in the midst of the pandemic coronavirus disease 2019 (COVID-19).  This article adopts the normative-sociological approach. This article found that MUI fatwa products acted on strong aspects of moderation (wasathiyah), not just issuing fatwas. Various aspects of considerations (al-muwazanat) in fatwa products are marked by revealing strict arguments by expressing the opinions of the Qur'an, sunna, ijma, qiyas, the opinion of the Imam of the school and credible scholars and the views of other experts who support the issuance of fatwa in accordance with the needs of Muslims. The Washatiyah paradigm of MUI fatwa product is not influenced by political interests. It is in accordance with the maqashid al-shari'ah. The paradigm of MUI fatwa was reflected when recommending to Muslims to support and obey the government.
Re-evaluating Islamic Banking Fatwas in Indonesia: Governance, Legal Certainty, and Global Harmonization in Contemporary Sharia Finance Amiruddin, Muhammad Majdy; Hidayati, Ulfa; Rasyid, Nur Fitriani; Arwin; Faradiba, Besse
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v5i1.75

Abstract

The rapid expansion of Islamic finance has intensified scrutiny of how religious authority is institutionalized within modern regulatory systems, particularly in Indonesia where fatwas issued by the Dewan Syariah Nasional – Majelis Ulama Indonesia (National Sharia Board - Indonesian Council of Ulama) become binding only after incorporation into regulations issued by the Otoritas Jasa Keuangan (OJK) or Financial Services Authority. This study aims to re-evaluate Indonesia’s Islamic banking fatwa framework by examining its institutional translation mechanisms, degree of alignment with international standards issued by the Accounting and Auditing Organization for Islamic Financial Institutions and the Islamic Financial Services Board, and its impact on substantive maqasid realization. Using a qualitative institutional-regulatory design, the research analyzes 42 DSN-MUI fatwas, 27 OJK regulations, 18 AAOIFI standards, 12 IFSB standards, and Islamic banking portfolio data from 2015 to 2024. The findings indicate that Indonesia’s hybrid model ensures procedural legal certainty and structured fatwa-to-regulation incorporation but exhibits only partial global harmonization and a persistent dominance of debt-based contracts, reflecting a gap between formal compliance and outcome-based governance. Theoretically, the study introduces the concept of regulatory theology to explain how religious interpretation becomes embedded within the regulatory state, extending norm diffusion theory by incorporating epistemic sovereignty as a mediating variable. Practically, the research recommends stronger institutional independence, clearer codification, measurable maqasid performance indicators, and phased harmonization strategies. The originality of this study lies in reframing Islamic banking fatwa analysis from doctrinal validity toward governance-centered institutional performance grounded in empirical regulatory and portfolio evidence
Critical Review on Sharia Regulation of Halal Tourism and Its Contribution to Creative Economies Amiruddin, Muhammad Majdy
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.33522

Abstract

Sharia Regulation of Halal Tourism and Its Contribution to Creative Economics should be enhanced. Current regulations have not accommodated the creative economy in Makassar. The aim of this study is to 1. Analyze the Halal Regulations associated with the development of halal tourism in the province of South Sulawesi; 2. Analyze the contribution of the Halal Regulations associated with the development of the creative economy in the South Sulawesi province and 3. Analyze the strategy to develop a creative economy in the province of South Sulawesi. In this qualitative study, the collected data, which was specifically from several primary data sources, including the Fatwas, South Sulawesi BPS, the South Sulawesi Tourism Office, and the Tourism Offices of countries that practice halal tourism, was analyzed. Furthermore, the Sharia regulations governing Halal Tourism were extremely restrictive. Only Fatwa No. 08/DSN-MUI/X/2016 regulated it. This constraint harmed several economic sectors, including the availability of infrastructures, information services, and promotional events. It was suggested that policymakers, particularly the Indonesian Ulema Council, should enact regulations that facilitate the development of the creative economy in South Sulawesi, especially those pertaining to infrastructure, information services, and promotion.
SHARIA COMPLIANCE CHALLENGES IN THE ISLAMIC PAWNSHOP INDUSTRY: A STUDY OF RAHN-BASED FINANCIAL SERVICES Nasrullah Bin Sapa; Rahman Ambo Masse; Muhammad Majdy Amiruddin
Referensi Islamika: Jurnal Studi Islam Vol. 4 No. 3 (2026): JUNI
Publisher : Academic Bright Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66053/ri.v4i3.462

Abstract

This study aims to critically examine the Sharia compliance challenges in the Islamic pawnshop industry in Indonesia, particularly within Rahn-based financial services. It focuses on key issues such as contract structuring, fee (ujrah) determination, collateral management, governance effectiveness, regulatory implementation, and customer-related factors influencing compliance. The research employs a qualitative descriptive approach combined with normative legal analysis and supported by limited quantitative surveys. Data were collected through in-depth interviews, direct observations, and document analysis of DSN-MUI fatwas, regulatory frameworks, standard operating procedures, contracts, and financial reports. Additionally, stakeholder perspectives were gathered through questionnaires involving management, operational staff, Sharia Supervisory Board members, regulators, and customers. A case study was also conducted at an Islamic pawnshop institution in Makassar to provide contextual insights. The findings reveal that the implementation of Rahn and Ijarah contracts in Islamic pawnshops generally complies with DSN-MUI Fatwas, particularly No. 25/2002, No. 26/2002, and No. 92/2014, and successfully avoids explicit elements of riba. However, several critical challenges persist. These include the improper calculation of administrative and storage fees based on loan value rather than actual costs, which potentially introduces elements of riba. Furthermore, the use of multi-contract schemes (e.g., Qardh–Ijarah combinations) creates ambiguity and raises concerns regarding prohibited hybrid contracts. Issues of gharar are also identified in certain pricing and discounting practices. Additional challenges include inconsistencies in collateral management, uneven effectiveness of Sharia governance, and limited staff competency. From the demand side, while customer religiosity supports the adoption of Islamic pawnshop services, low levels of Sharia financial literacy contribute to information asymmetry, potentially masking non-compliance and affecting trust and satisfaction. This study highlights the need for strengthening Sharia governance frameworks, including more rigorous auditing and monitoring mechanisms. It underscores the importance of implementing cost-based ujrah calculations, enhancing regulatory clarity on multi-contract structures, and improving transparency in pricing and disclosure practices. Furthermore, capacity-building programs for staff and systematic efforts to improve public literacy in Islamic finance are essential to ensure sustainable compliance. Policymakers and regulators are also encouraged to develop standardized compliance metrics and enforce more consistent supervision across the industry. This research offers a comprehensive and integrative analysis of Sharia compliance challenges in the Islamic pawnshop sector by combining legal, operational, and behavioral perspectives. It contributes to the literature by bridging the gap between normative Sharia principles and practical implementation, particularly in the context of Rahn-based financial services in Indonesia, and provides actionable insights for enhancing both compliance and institutional credibility.
Co-Authors Abdul Rahman Said, Rukman Achmad Abubakar Agung Hadi Endaryanto Ahmad Yusuf Ahrar, Muhammad Rifki Aisyah Arsyad Ali Halidin Andi Miswar Arif Rahman Arif Rahman Arifuddin Arifuddin Arwin 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 Hidayati, Ulfa Husain, Saddan Ilham, M. Islamul Haq Kamaluddin Nurdin Marjuni Lahmuddin, Fakhruddin M. Ilham M.M, Besse Faradiba Maddolangeng, Nur Misyuari Moh. Ismail Muammar Bakry Muhammad Ali Rusdi Bedong Muhammad Arief Muhammad Haramain Muhammad Ilham Muhammad Ismail Muliati Muliati, Muliati Mundzir, Chaerul Musmulyadi, Musmulyadi Najamiah Amir Nasir, Nur Alviana Nasrullah Bin Sapa Nur Alviana Nasir Nur hasana Nurfadhilah, Nurfadhilah Nusair, Abuyamen Qaed, Issa Rahman Ambo Masse Rasyid, Nur Fitriani Rezky Meilia Sari Rusdi, Mikdar Salsabila, Unik Hanifah Sudirman L, Sudirman Syatar, Abdul Umsini, Ratna Widyawati