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All Journal Maqashiduna: Jurnal Hukum Keluarga Islam
Nor Fadillah
Sekolah Tinggi Agama Islam (STAI) Al-Falah Banjarbaru
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INTEGRASI HUKUM ISLAM DAN HUKUM ADAT DALAM TRADISI BADAMAI MASYARAKAT BANJAR Anisah Norlaila Hayati; Nor Fadillah
MAQASHIDUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Keluarga Islam STAI Al-Falah Banjarbaru

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47732/maqashiduna.v4i1.1013

Abstract

Abstract The Badamai tradition is an alternative dispute resolution system deeply rooted in the collective memory of the Banjar people since the era of the Sultan Adam Law (1835). As a local institution, this tradition plays a crucial role in maintaining social cohesion, but the dialectic of integrating norms within it requires in-depth theoretical study. This study aims to analyze the integration of Islamic law and customary law within the Badamai tradition as an instrument for informal conflict resolution in Banjar society. This research is a qualitative, descriptive field research. The approaches used are juridical-empirical (socio-legal) and legal pluralism. Primary data were obtained through in-depth interviews with Banjar traditional leaders (tetuha), peacemakers, and witnesses to the conflict. Secondary data were extracted from the Sultan Adam Law manuscript, Banjar cultural literature, and the concept of ishlah (reconciliation) in Islamic legal texts. The results show that the Badamai tradition effectively integrates the substantive values ​​of Islamic law (the principles of ishlah and benefit) with local Banjar culture. The family deliberation mechanism implemented was able to restore social harmony, maintain the dignity of the parties, and break the cycle of hostility without resorting to formal litigation. This study concludes that the integration of interlegality between Islamic and customary law in the Badamai tradition has successfully created a robust local restorative justice model. In the modern context, this tradition remains relevant and holds significant significance in supporting the harmonization of the national legal system based on local wisdom in Indonesia.  
نظرية الشريعة الإسلامية في الحقوق و الواجبات الزوجية Wahyu Fitrianoor; Anisah Norlaila Hayati; Nor Fadillah
MAQASHIDUNA: Jurnal Hukum Keluarga Islam Vol. 3 No. 2 (2025): December 2025
Publisher : Program Studi Hukum Keluarga Islam STAI Al-Falah Banjarbaru

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47732/maqashiduna.v3i2.947

Abstract

The Prophets sent by Allah SWT to realize human potential itself. In their role the Prophets and Apostles brought teachings called Sharia, the contents of which were in the form of efficient and concessional rules for mankind. These mature regulations must contain obligations and rights that must be carried out and fulfilled. This paper aims to reveal the position of human rights and obligations in the perspective of Islamic philosophy, including ontology studies, in the form of: Ontology covers, what is the meaning of Islamic law, rights, and obligations? Epistemology includes about, how are rights and obligations equal, what are rights as a consequence of carrying out obligations, what are the rights of God and the rights of servants, and does God have obligations? Axiology includes: paying for rights immediately, and having Islamic character. There are three findings in this discussion, namely: 1) Islamic law is an absolute idea from Allah SWT as the Creator of the Universe, which was given through revelation to his messenger, which is complex, universal, systematic, and continuous. 2) obligations are demands that have an impact on rights, a balance between the two is a necessity according to Islamic law, where this balance will create harmony and peace for mankind itself. 3) God Almighty, and Willing, does not depend on any absolute power, so that this obligation or right does not detract from his majesty, and balancing the two is purely for the benefit of mankind itself, both in life in this world and in the hereafter. Keywords: Rights & Obligations, Islamic Philosophy, Islamic Law.
Co-Authors Anisah Norlaila Hayati Wahyu Fitrianoor