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Journal : HIKMATUNA: Journal for Integrative Islamic Studies

Cryptocurrency and Crypto Assets in the Perspective of Islamic Legal System Philosophy Abadi, Khafid; Ahmad Taufiq; Rizka Roikhana
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1216

Abstract

The purpose of this research is to determine whether or not cryptocurrencies are legitimate in Islam as both a currency and a commodity. This is research done in a library. The research is descriptive-analytical and uses Jasser Auda's Islamic legal philosophy approach to try to explain cryptocurrency law. The findings demonstrate that, from the standpoint of Islamic legal philosophy, the law governing cryptocurrency as a currency is comprehensive (tafsil). Whether it is halal or not by looking at how the goal was achieved, specifically (benefit). If the cryptocurrency has clear benefits, such as the existence of underlying assets and the government's role in realizing the general benefit (maslahah ammah), it can be considered halal. Similarly, cryptocurrencies that lack clear regulations and are not backed by assets will be haram due to the possibility of mafsadat. Despite the fact that cryptocurrencies are regarded as al-Ma'l al-ma'nawiyyah because they do not conform to the objectives of sharia in assets (maqashid as-shari'ah fi al- mal), the law of cryptocurrencies as assets (crypto assets) is not valid. This research certainly has limitations, especially related to field data, namely interviews with cryptocurrency business actors. Therefore, to develop further research, not only juridical research but also juridical-empirical research.
Juridical and Socio-Cultural Analysis of Inheritance Distribution Under the Customary Law System of the Dayak Community in Indramayu Busthomi, Achmad Otong; Jaelani, Aan; Setyawan, Edy; Abadi, Khafid; Syam, Roqiyul Ma’arif
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 1 (2025): Hikmatuna: Journal for Integrative Islamic Studies, June 2025
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i1.10963

Abstract

This study aims to analyze the inheritance distribution system within the Dayak community in Indramayu using a juridical-socio-cultural approach. The research employs a qualitative-descriptive method, integrating the analysis of positive law and customary law with local socio-cultural values specific to the community’s unique context. Data were collected through field observations, document studies, and semi-structured interviews with customary leaders and members of the Dayak community. The data analysis technique is based on the interactive model of Miles and Huberman and utilizes a normative-juridical and cultural-interpretive approach to explore the ongoing dynamics. The findings reveal that the bilateral kinship structure and customary principles such as Sejarah Alam Ngaji Rasa (the natural history of internal reflection), Menyatu dengan Alam (oneness with nature), and Ngaula Ning Anak Rabi (dedication to one's offspring and their spouses) influence an egalitarian inheritance system, although variations exist among subgroups. However, within the framework of legal pluralism and distributive justice, the system still reflects disparities, particularly concerning the rights of women and adopted children in matters of inheritance. The study recommends reformulating customary law to be more responsive to contemporary social justice values and to ensure the principles of non-discrimination and equality in the inheritance distribution process.