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All Journal USRATY : Journal of Islamic Family Law Hakamain: Journal of Sharia and Law Studies
Fadli Januaris
Universitas Muhammadiyah Sumatera Barat
Law, Crime, Criminology & Criminal Justice

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Inheritance Disputes Over Assets Still Under Debt Collateral Status from an Islamic Law Perspective Fadli Januaris; Mahlil Adriaman
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8798

Abstract

Inheritance disputes involving assets under debt collateral status present unique challenges in the context of Islamic law, where debt repayment takes precedence over the distribution of inheritance. In Islamic banking, assets pledged as collateral (marhun) are considered the debtor's property but remain under the creditor's claim until the associated debt is fully paid. This creates legal and ethical complexities when the debtor passes away, as the heirs' right to inheritance may conflict with the creditor's right to the pledged asset. This study examines these disputes from an Islamic law perspective, focusing on the balance between fulfilling financial obligations and ensuring justice for heirs. The research analyzes relevant principles in Islamic inheritance law, including the prioritization of debt repayment and the distribution of remaining assets to heirs. It also evaluates the regulatory framework of Islamic banking, which often introduces contractual obligations affecting inheritance claims. Case studies are used to illustrate practical scenarios and highlight potential conflicts between creditors and heirs. The findings reveal that the resolution of such disputes requires a harmonization of traditional Islamic jurisprudence with contemporary banking practices. Proposed solutions include transparent debt documentation, equitable mechanisms for settling debts from the estate, and clear guidelines for managing collateralized assets in inheritance cases. By addressing these issues, this study contributes to the development of legal frameworks that uphold sharia principles, ensuring justice and fairness for all parties while maintaining the integrity of financial transactions and inheritance systems.
Combating Corruption in Indonesia Through Islamic Criminal Law and Customary Criminal Law Fadli Januaris; M. Khairul Arwani; Adi Jumanda; Ilham Utama Yazid; Yernati Ulfazah; Rahimatul Fikri
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.333

Abstract

Corruption is a big problem for the Indonesian nation that cannot be resolved temporarily. Now the practice of corruption occurs in almost all levels of society. Indonesia has become one of the leading countries in eradicating corruption. Even though the majority of Indonesia's population is Muslim. The purpose of this study is to formulate a definition of corruption in Indonesia from the perspective of Islamic law and how the concept of corruption works in Indonesia from the perspective of Islamic law. Use in this research descriptive-analytic method with a normative approach. The research results show that corruption in Indonesia is from the perspective of Islamic law an attempt to enrich oneself or others by violating the law contrary to the principles of justice (al-'is), accountability (al-amanah) and being in a position of responsibility. Corruption in Indonesia when viewed in terms of jinayat law in Islam is the same as the concept of Ghulul (fraud), and Risywah (bribery), and al-Ghasab (exploitation of other people's rights without permission). corruption so that it is included in the offense of Islam prohibiting corruption, then committing acts that are contrary to the texts, such as for example. However, the perpetrators are people who can be prosecuted according to law.
Implementation of the Prohibition on Withholding Diplomas and Personal Documents by Companies in Indonesia Fadli Januaris
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1394

Abstract

This study aims to analyze the implementation of the Circular Letter of the Minister of Manpower No. M/5/HK.04.00/V/2025 concerning the prohibition on withholding diplomas and personal documents by companies, focusing on its implications for the protection of workers’ rights and industrial relations in Indonesia. The research employs a juridical-empirical approach, combining a normative review of labor regulations with empirical data gathered through in-depth interviews and field observations in both formal and informal sector companies. The findings show that the policy strengthens the legal basis to prevent document retention practices, which have often been used as a form of control over workers. However, its implementation still faces challenges, including employer resistance, limited managerial understanding of the regulation, weak government supervision, and low worker awareness of their rights. These issues indicate that the effectiveness of the policy depends not only on legal provisions but also on stakeholder awareness and participation. The study concludes that the circular letter has strong potential to transform industrial relations toward a more balanced and trust-based partnership. Nevertheless, this requires continuous policy dissemination, improved enforcement mechanisms, and stronger involvement of labor unions. The academic contribution of this study lies in providing a comprehensive understanding of the interaction between labor regulation and industrial practices, while offering strategic recommendations to enhance the implementation of similar policies in the future. Keywords: Penahanan Ijazah, Menteri Ketenagakerjaan, Perlindungan Pekerja    
Co-Authors Adi Jumanda Ilham Utama Yazid M. Khairul Arwani Mahlil Adriaman Rahimatul Fikri Yernati Ulfazah