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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.
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.
Analyzing Financial Performance at Bank Sulselbar Using Activity and Investment Ratios Umsini, Ratna Widyawati; Nurfadhilah, Nurfadhilah; Darwis, Darwis; Damira, Damira; Amiruddin, Muhammad Majdy
Talaa : Journal of Islamic Finance Vol. 4 No. 1: June 2024
Publisher : Department of Sharia Financial Management, Institut Agama Islam Negeri Sultan Amai Gorontalo, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54045/talaa.v4i1.742

Abstract

The financial condition of Bank Sulselbar has shown fluctuations in recent years. This study aims to evaluate the bank's financial performance through the Activity Ratio and Investment Ratio. A quantitative research method uses financial statements from 2018-2022 as the sample. The secondary data is sourced from the published financial reports of Bank Sulselbar. The findings indicate that: (1) Based on the Activity Ratio, specifically the Fixed Assets Turnover, Bank Sulselbar's financial performance is good, as the FAT results over five years exceed the measurement standard. However, the total assets turnover is rated poorly since its value did not meet the measurement standard during the same period. (2) Regarding the Investment Ratio, the Return On Investment is deemed unsatisfactory, as the five-year calculations reveal that the ROI has not surpassed the required measurement standard. Conversely, the Return On Equity calculations for five years are classified as very good, meeting the established measurement criteria.
Harmonizing Tradition and Sharia: Istishab in Managing a Deferred Non-Negotiated Fish Transactions in Indonesia Amiruddin, Muhammad Majdy; Sulaeman, Budiman; Ahrar, Muhammad Rifki; Yusuf, Ahmad; Nusair, Abuyamen
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 2, DECEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.51573

Abstract

This study aimed to analyze the application of Istishab, a tenet of Islamic jurisprudence, to address the issues of non-negotiated fish prices within the Iha community, Central Maluku, Indonesia. The community was characterized by complicated relationships between religious principles and cultural traditions, which frequently led to tension. The analysis addressed a significant issue which included the reconciliation of the centuries-old traditions of the community with the Sharia law to prevent disagreements and ensure the group's economic viability. Using in-depth interviews with stakeholders, detailed market observations, and thorough document analysis, this study investigated the social, financial, and normative dynamics of Istishab through a qualitative case study methodology. The results showed that Istishab stabilized prices, reduced conflicts, and supported the community's economic resilience by mediating between Islamic legal principles and cultural practices. This showed the adaptability of Islamic law in adopting and reinforcing local traditions. Furthermore, the study showed how Istishab served as a bridge between cultural and Sharia disputes. It concluded that Istishab provided a practical solution for maintaining harmony in economic transactions within multicultural communities. The results possessed broader implications for the integration of Islamic legal concepts with local practices to promote communal stability.
Zakat for Mama Biang in Maluku, Indonesia: Ulama Opinion on Fīsabīlillāh in the Perspective of Islamic Legal Anthropology Hannani, Hannani; Haq, Islamul; Amiruddin, Muhammad Majdy; Haramain, Muhammad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): 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.v7i2.17044

Abstract

Giving zakat to mama biang is one of the problems of zakat distribution that has attracted controversy. In the people of Negeri Iha, Maluku, the giving of zakat mama biang has become a tradition that has survived into the modern era. The purpose of this study is to study the practice of distributing zakat to Mama Biang, the opinions of tafsir scholars and  the implications for  Islamic law. The study uses empirical legal studies with an anthropological approach to Islamic law. While data collection techniques are in-depth interviews and literature studies. This study concluded that the controversy over the distribution of zakat mama biang occurred due to differences in scholars' interpretations of the meaning of fīsabīlillāh which had implications for differences in people's understanding of Islamic law. People who maintain the tradition of zakat mama biang understand that the distribution of zakat mama biang is in accordance with Islamic law, relying on the opinion of scholars who expand the meaning of fīsabīlillāh to include mama biang. Meanwhile, some people understand that mama biang zakat is not in accordance with Islamic law.  The controversy over the distribution of zakat to mama biang also occurs because zakat is not distributed evenly to all existing asnaf, this  can also trigger gaps in society. Therefore, in the perspective of legal anthropology, the practice of giving to mama biang can continue as a local tradition, but this gift can be categorized as infaq or sadaqah, not zakat. So that this can give birth to harmonious legal implications between Islamic law and adat which has become living law.
Reforming Fiqh Al-Bi’ah (Ecological Jurisprudence) based on Islam Hadhari: An Integration Conservation Framework of Muamalah and Culture Amiruddin, Muhammad Majdy; Haq, Islamul; Anwar, Haerul; Haris, Asmaddy
International Journal of Law and Society Vol 3 No 3 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i3.99

Abstract

This study seeks to reconstitute Fiqh al-Bi’ah through the Islam Hadhari framework, amalgamating Muamalah and cultural aspects into a holistic ecological management model. The research employed a grounded theory methodology in Terengganu, Malaysia, utilizing data collection methods that included in-depth interviews with local community members and participatory observations of marine conservation practices. The gathered data were subjected to thematic analysis to discern patterns and correlate them with Islamic ecological principles. Data validation was accomplished via triangulation, guaranteeing consistency across many sources and methodologies. The results indicate that local traditions, including mangrove conservation, sustainable fishing methods, and spiritual ceremonies, correspond with the tenets of tawazun (balance), adl (justice), and ri’ayah al-bi’ah (environmental stewardship). This reformulation presents new dimensions, including Muwafaqah Ruhiyah Ma’a al-Tabi’ah (spiritual harmony with nature) denoting the religious aspect, Istimrariyah Bayn al-Ajyal (intergenerational sustainability) emphasizing economic sustainability across generations, and Taqdir al-Iqtisad al-Mahalli (empowerment of local economies), which illustrates the amalgamation of cultural heritage and economic resilience in ecological management. This approach's primary strength is its amalgamation of Islamic ideals with pragmatic conservation measures, promoting a balance between environmental sustainability and community welfare. Nonetheless, the study's restricted geographic emphasis on Terengganu poses a hurdle for generalizing its application to broader contexts. Subsequent studies should extend this model to more regions characterized by varied ecological and cultural contexts, affirming its universal applicability. This study significantly contributes to Islamic environmental discourse by presenting a reproducible methodology for tackling global ecological concerns through a value-oriented approach.
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