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All Journal Al-Ahkam El-Mashlahah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Qist : Journal of Islamic Economics and Business (JIEB)
Samsudin, Muhammad Adib
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Islamic Law Meets Minangkabau Customs: Navigating Forbidden Marriages in Tanah Datar Fakhyadi, Defel; Samsudin, Muhammad Adib
El-Mashlahah Vol 14 No 1 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i1.7364

Abstract

Minangkabau community members in Tanah Datar have several prohibitions on marriage that must be obeyed and become standard rules because they contain sanctions of expulsion or ostracism. The prohibitions include marrying a cousin (father's sibling's child), marrying the ex-wife mamak (a man who is responsible for his children and nieces and nephews from the mother's side), and marrying the ex-wife's family. It indicates a contradiction between the provisions of Islamic law and customary law, which is very binding on the order of social life. The research aims to analyze the relationship between custom and Islamic law regarding the forbidden marriage that applies in Tanah Datar, which still maintains local culture and traditions. The method used empirical legal research with a socio-legal approach. Primary data was obtained using observation, interview, and documentation techniques, which were then analyzed using the maqashid sharia theory. The research showed that the Minangkabau community's prohibition on marriage in Tanah Datar is a customary rule that must be obeyed because it is a good habit ('urf) that aims to prevent damage to the social order in Minangkabau. Minangkabau society prioritizes the value of raso-pareso and friendly relationships between one person and another under the goals of marriage in Islamic law. These customary provisions are binding. If there is a violation, then customary sanctions are imposed in the form of exclusion, expulsion, and fines.
The Relationship of Disaster to the Islamic Economic System: An Analysis on Aspect of Maqāṣid Shari‘āh Framework Muttaqin, Aris Anwaril; Samsudin, Muhammad Adib; Salleh, Ahmad Dahlan; Ahmad, Azlin Alisa
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (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.v7i1.16014

Abstract

Disasters occurring in recent years across various parts of the world have affected the economy and social life of the global community. Although disaster economics has received prominent attention from scholars, studies adopting the maqāṣid shari‘āh approach remain limited. Therefore, this study aims to analyze the relationship between disasters and the economic system contained in Surah Yusuf based on the maqāṣid methodology and framework. The data were collected via document analysis and in-depth interviews with three experts from different disciplines to assess the reliability of the findings based on Cohen’s Kappa test. The data analysis was based on the maqāṣid methodology involving four stages: identification of verses concerning disasters and economic system, a reflection of the verses using themaqāṣid framework, critical literature studies, and formation of principles about disasters in the Islamic economic system. The findings show that the relationship between disasters to the Islamic economic system can be understood based on maqāṣid shari‘āh. In this regard, disasters that are detrimental to the community's economy from a positive economics perspective have provided many lessons to improve the economic agents’ behavior from a normative economics view based on the maqāṣid framework. The findings further depict that, the majority of past studies on disaster economics were conducted using a positive-materialist approach. Therefore, this study offers a new perspective on the relationship between disasters and the economic system by understanding the material and non-material reality based on the guidance of revelation.
Reconstructing Gender Relations for Family Resilience in Minangkabau: Integrating Islamic Law and Customary Law Fakhyadi, Defel; Samsudin, Muhammad Adib; Dasrianto, Vito; Danil, Muhammad; Wahyudi, Ade Arga
Al-Ahkam Vol. 35 No. 1 (2025): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.1.22906

Abstract

Women are social beings who hold a high position in continuing the kinship system, preserving the existence of inheritance, and being responsible for forming family ethics and morals. This study aims to reconstruct the legal perspective on gender relations by integrating Islamic law with the Minangkabau cultural customs to strengthen family resilience. This research uses a qualitative approach based on relevant documents from primary and secondary sources, including interviews, documentation, books, and articles. The collected data is analyzed using content analysis methods with phenomenological, feminist, and sociological approaches. The findings of this study indicate that the Minangkabau community views women as charismatic and respected figures. Bundo kanduang protects her kin, preserves the ancestral heritage, and maintains the kinship system to ensure the continuity of the family within the matrilineal kinship system. This research contributes to the discourse on Islamic law and gender by showing how the matrilineal society of Minangkabau aligns with Islamic principles and challenges conventional patriarchal interpretations that are not in line with Islamic values.
Mapping Maqāṣid Sharia Models in Islamic Economics: A Scoping Review of Literature (2018-2022) Muttaqin, Aris Anwaril; Samsudin, Muhammad Adib; Salleh, Ahmad Dahlan; Ahmad, Azlin Alisa; Hawa, Nabila Nurul
El-Qist: Journal of Islamic Economics and Business (JIEB) Vol. 15 No. 1 (2025): April
Publisher : Islamic Economics Department, Faculty of Islamic Economics and Business, Sunan Ampel State Islamic University, Surabaya Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/elqist.2025.15.1.66-82

Abstract

Maqāṣid Sharia is a foundational epistemological framework for developing Islamic economics. Despite increasing scholarly attention, prior studies have inadequately mapped the diversity of Maqāṣid Sharia models employed in the discipline. This study aims to address that gap through a scoping literature review of publications from 2018 to 2022 indexed in Scopus and Web of Science, identifying the primary models applied by researchers. The analysis reveals four dominant conceptualizations: maṣlaḥah and mafsadah, kulliyāt al-khams, contemporary maqāṣid, and ḥifẓ al-māl. While the overarching term "Maqāṣid Sharia" is prevalent, the application of its methodological elements—particularly the maqāṣid framework (al-suba‘iyyah al-taṣawwuriyyah)—remains underutilized. This study contributes significantly to the global discourse by offering a structured map of Maqāṣid-based models in Islamic economics, thereby enhancing theoretical clarity and bridging methodological gaps. It recommends further exploration of the Maqāṣid methodology to enrich the development of Islamic economic theory, especially in areas such as economic epistemology, Islamic finance, the halal industry, and Islamic fintech. Future research should incorporate diverse language sources and extended databases to ensure broader analytical representation and to support a more globally integrated approach to Maqāṣid-oriented Islamic economic development.
Co-Authors Ahmad, Azlin Alisa Dasrianto, Vito Defel Fakhyadi, Defel Hawa, Nabila Nurul Muhammad Danil, Muhammad Muttaqin, Aris Anwaril Salleh, Ahmad Dahlan Wahyudi, Ade Arga