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All Journal DE JURE Progresiva : Jurnal Pemikiran dan Pendidikan Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Journal of Humanities and Social Studies BILANCIA TSAQAFAH Ekspose: Jurnal Penelitian Hukum dan Pendidikan Jurnal Al-Dustur Atta'dib Jurnal Pendidikan Agama Islam Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Jurnal Al-Kharaj: Studi Ekonomi Syariah, Muamalah, dan Hukum Ekonomi Familia: Jurnal Hukum Keluarga Al-Aqwal : Jurnal Kajian Hukum Islam Al-Bayyinah Indonesian Journal of Islamic Literature and Muslim Society Bilancia : Jurnal Studi Ilmu Syariah dan Hukum Jurnal Ar-Risalah Parewa Saraq: Journal of Islamic Law and Fatwa Review
Ma’adul Yaqien Makkarateng
Institut Agama Islam Negeri Bone
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Unveiling Gender Disparities in Legal Traditions: A Study of Deferred Mahar within Customary Law Ilmiati, Ilmiati; Nazhifah, Lazimatun; Iqbal, Muhammad; Makkarateng, Ma'adul Yaqien; Arake, Lukman
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.30466

Abstract

In the framework of Indonesia's legal pluralism, the deferred mahar tradition leads to societal disputes, raises divorce rates, and encourages debt-related crimes by placing financial burdens on the groom’s side. Such systemic issues critically need policy reforms. This paper primarily aims to critically analyse this phenomenon—the mowindahako tradition—within the legal plurality system observed by the Tolaki ethnic community in Southeast Sulawesi, Indonesia. Data was gathered through observation and in-depth interviews and subsequently analysed within the theoretical framework of Living Customary Law (LCL). The findings suggest that the practice of deferred mahar in Indonesia can be attributed to the complex interplay between customary law, the state, and religion within the country's framework of legal pluralism. Both legal politics and gender biases influence this phenomenon, evident in traditional institutions' policies that empower women to dictate substantial dowry sums, thereby imposing a financial burden on men. Concurrently, customary institutions provide men with credit to help them pay dowries, thereby enhancing their convenience. This approach has led to prolonged societal disputes, reflected in increased divorce rates and rising criminal prosecutions due to debt-related issues. This paper provides a comprehensive analysis of the Deferred Mahar policy implemented by the Tolaki tribal customary institution.
Socio-Ecological Readiness Of Protected Forest Buffer Villages In Eastern Kalimantan (Case Study: Wain River Protected Forest) Hudthaibah, Hudthaibah; Makkarateng, Makkarateng; Suprapto, Thotok; Paselle, Enos
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 9, No 2 (2025): Journal of Humanities and Social Studies
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v9i2.12494

Abstract

Climate change and ecological pressures such as forest fires, land conversion, and natural resource degradation have a significant impact on the sustainability of the lives of protected forest buffer village communities in East Kalimantan. This research aims to assess the social-ecological readiness of the community in facing these pressures and design an adaptive and contextual community-based strategic model, with a case study of the Sungai Wain Protection Forest (HLSW). The method used was a mixed-methods approach consisting of three main techniques: (1) household survey of 200 respondents from two villages (RT 38 Karang Joang Village (Sungai Wain Village) and Lamaru Village) directly adjacent to the HLSW area, (2) focus group discussions (FGDs) and in-depth interviews with 30 key informants from village government, customary, NGOs, and forestry agencies, and (3) social ecological mapping using a participatory approach with the help of GIS technology. The results identified three clusters of community readiness, namely: “strong adaptive”, “transition moderation”, and “ecologically vulnerable”. Villages active in social forestry programs and involved in initiatives such as ProKlim and Green Growth Compact showed better economic and institutional readiness than villages dependent on traditional agriculture. This research has led to the development of community-based adaptation strategies that can be adopted by other forest buffer villages in Indonesia. This approach can increase the effectiveness of policy interventions within the framework of locally-based natural resource management and disaster risk reduction. 
The Islamic Perspective on Political Asylum: Analysis of The Rohingya Refugee Issue in Aceh, Indonesia Makkarateng, Ma'adul Yaqien; Arake, Lukman
Indonesian Journal of Islamic Literature and Muslim Society Vol. 9 No. 1 (2024): June 2024
Publisher : UIN Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/islimus.v9i1.8642

Abstract

This article discusses the issue of Rohingya refugees in Aceh, Indonesia, from an Islamic perspective. The Rohingya refugees flee from violence and discrimination in Myanmar, seeking asylum in neighboring countries, including Indonesia. This research employs a qualitative method to gather and analyze data to understand the concepts, opinions, and experiences related to this issue. The findings indicate that Islam emphasizes the importance of humanity, even towards non-Muslims. The majority of Acehnese people oppose the Rohingya refugees due to concerns over economic security and social cohesion. However, they do not justify the violation of human dignity and rights. Islam teaches tolerance, justice, and kindness to all of God's creatures. Despite the challenges in handling refugees, support and cooperation from the government and the international community are crucial in seeking comprehensive long-term solutions to the Rohingya crisis. This article also examines political asylum policies from the perspective of Islamic law, emphasizing that Islam is a religion that acknowledges and respects human rights, encouraging its followers to be just and kind to all people, including non-Muslims.
Integrasi Hukum Islam dalam Sistem Pluralisme Hukum Papua: Telaah Normatif terhadap Peraturan Daerah: Integration of Islamic Law in Papua’s Legal Pluralism System: A Normative Review of Regional Regulations Ansar, Lukman; Makkarateng, Ma'adul Yaqien; Tarmizi, Tarmizi; Mustafa, Mustafa; Sari, Dewi Arnita
ISTIDLAL Vol 4 No 02 (2025): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v4i02.1899

Abstract

This article aims to analyze the integration of Islamic law into the legal pluralism system in Papua through a normative study of various Regional Regulations containing Islamic legal norms. The study focuses on how Islamic law negotiates with Papuan customary law and state law in the context of a highly multicultural society. This research uses qualitative methods with a normative approach through analysis of legislation and legal pluralism theory. The research findings show that the integration of Islamic law in Papua is not uniform, but rather a mosaic of diverse norms and practices, reflecting the social character of the community. Specific applicability models, such as the requirement for Muslim students to read and write the Quran in Fakfak, provide space for the expression of religious identity while maintaining social sensitivity. Conversely, inclusive models, such as the regulation of zakat and mosque management in South Sorong, demonstrate a more adaptive strategy to diversity. In certain cases, such as inheritance disputes, communities choose hybrid mechanisms that combine sharia and customary principles to maintain harmony. The success of integrating Islamic law into the Papuan legal system is largely determined by policy sensitivity to diversity, the involvement of local leaders, and the flexibility of legal norms.
Fatwa and Virtual Reality: The Maqāṣid al-Sharīʿah Perspective on the Metaverse and Virtual Life Ahmad; Najib, Muhammad; Makkarateng, Ma'adul Yaqien
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 4 No. 2 (2025): 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.v4i2.61

Abstract

This study aims to explore the relevance of Maqāṣid al-Sharīʿah in facing the challenges and opportunities presented by the Metaverse, as well as offering an adaptive Islamic legal framework for the virtual world. In an increasingly complex digital era, challenges such as the spread of false information, identity manipulation, digital addiction, economic exploitation, and negative impacts on family relationships have become major issues that require a Shariah-based approach. A literature analysis method was used to review previous relevant and in-depth studies on Maqāṣid al-Sharīʿah, digital technology, and contemporary issues in the Metaverse. The results showed that Maqāṣid al-Sharīʿah could be flexibly applied in five main dimensions, namely protection of religion (al-dīn), life (al-nafs), reason (al-‘aql), offspring (al-nasl), and property (al-māl). Protection of religion includes the development of virtual spaces that support interactive education and da'wah. The dimension of life includes the psychological well-being of technology users through moderation and digital literacy, while reason emphasises the importance of information verification to prevent hoaxes and manipulation. The protection of offspring focuses on Islamic-based platforms to support children education and strengthen family values. The property dimension underscores the need for Shariah regulation in digital economic transactions to ensure fairness and transparency. In conclusion, Maqāṣid al-Sharīʿah is not only relevant but also capable of becoming an ethical and normative foundation for creating an ethical, inclusive Metaverse ecosystem consistent with Islamic values. This study also opens up opportunities for further investigations on the practical implementation of Islamic law in the virtual world.
Co-Authors Abdul Rachman Achmad Syarif Ahmad Amin, Abd. Rauf Ansar, Lukman Arafah, Muh Baharuddin, Elviana Hamsah Hasan, Hamsah Hudthaibah, Hudthaibah Hukmiah Husain, Hukmiah Ilmiati Ilmiati Imron Rizki A. Jumriani Nawawi Kadir, Agussalim Kurniati Abidin, Kurniati Lukman Arake Mangenre, Muhammad Fadli Mayyadah Mayyadah Muammar Bakry Muhammad Iqbal Muhammad Najib Muhammad Yusuf Mustafa Mustakim La Dee Nazhifah, Lazimatun Nurul Fadhilah Paselle, Enos S, Samsidar Sari, Dewi Arnita Suprapto, Thotok Syam, Anna Rahma Tarmizi