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All Journal BILANCIA Madani: Multidisciplinary Scientific Journal Socius: Social Sciences Research Journal Ulil Albab Bilancia : Jurnal Studi Ilmu Syariah dan Hukum Parewa Saraq: Journal of Islamic Law and Fatwa Review
Alwi, Mujahid
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Produk Hukum Islam dan Implementasinya di Indonesia Kurniawan, Muhammad Zuhud; Alwi, Mujahid; R., Abdurahman
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 12 (2024): July
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12192812

Abstract

The aim of this study is to analyze Islamic legal products and their implementation in Indonesia. This research is qualitative research with the type of library research. The data collection method used in this research is literature study. This research focuses on Islamic legal products. This research aims to find out how Islamic legal products are applied to Indonesian society as a whole, such as fiqh, fatwas, legal decisions and legislation. Apart from that, this research also aims to assess the feasibility and impact of implementing Islamic regulations in Indonesia, including the difficulties and opportunities that have existed so far.
Perlindungan Hak Perempuan Dalam Fatwa MUI Bidang Munâkaḥat Perspektif Maşlaḥah Alwi, Mujahid; R, Rahmatullah; Maloko, H.M. Thahir
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 1 (2024): Madani, Vol. 2, No. 1 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10491481

Abstract

The aim of this research is to discuss the protection of women's rights in the MUI Fatwa in the field of Munâkaḥat from a Maşlaḥah perspective. This research is qualitative research with the type of library research. The data collection method used in this research is literature study. The research results show that there is Maşlaḥah obtained regarding the protection of women's rights in the MUI fatwa in the field of Munâkaḥat. The MUI or Indonesian Ulema Council, the main Islamic administrative body in Indonesia, considers such relations to be legally dangerous because they are considered to violate public regulations. The MUI generally underlines the importance of complying with Islamic norms and state regulations, which is legally dangerous because it is considered to violate public regulations requiring official registration.
The Traditional Land Inheritance System of The Awo Community Enrekang Regency: a Maslahah Perspective Alwi, Mujahid; Supardin, Supardin; Patimah, Patimah; Gassing, Abdul Qadir; Hamsir, Hamsir
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3797

Abstract

In general, there are three inheritance regulations that apply in Indonesia, namely Islamic inheritance regulations, customary inheritance regulations, and inheritance regulations governed by the state. The research focuses on: How is the practice of land inheritance in the Awo community of Baraka District? What are the obstacles in the implementation of Islamic inheritance in the customary inheritance law of the Awo community in Baraka District? And how is the Maslahah perspective on the land inheritance system in the Awo community of Baraka District? This study uses a qualitative field research method with a normative theological and ethnographic approach. The data sources are community leaders, religious leaders, and the Awo community. Data was collected through observation, interviews, and document studies. The findings of this study show that the land inheritance system in the Awo community has been maintained across generations through oral tradition. Inheritance land, known as "manah," is a family asset managed collectively. This system is based on the bilateral principle, which provides equitable inheritance rights to descendants. The implementation of the Islamic inheritance system in the Awo community faces challenges, as there is a conceptual difference between customary inheritance, which grants equal rights to both men and women, and Islamic law, where inheritance distribution differs. There is also a strong influence of local traditions and a lack of understanding of Islamic law. The land inheritance system in the Awo community can be analyzed through the Maslahah approach, which aims to achieve benefits in accordance with Islamic jurisprudence principles. Unlike Islamic law, this land inheritance practice provides benefits by maintaining the unity of assets and ensuring the sustainability of livelihoods. The collective system applied supports the Maqasid al-Syariah. By maintaining the inheritance system, the land remains a heritage passed down through generations, which has implications for the preservation of wealth (hifz mall) and descendants (hifz nasl).
Maṣlaḥah-Based Fatwa Formulation: The Indonesian Ulema Council’s Rejection of Mut'ah Marriage in the Context of Women's Rights Protection Alwi, Mujahid
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 2 (2023): 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.v2i2.41

Abstract

This study aims to examine the protection of women's rights in the fatwa issued by the Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) concerning mut'ah marriage, through the lens of the Maṣlaḥah (public interest) principle. The research adopts a qualitative library-based approach, focusing on textual analysis of primary sources such as the Qur’an, classical and contemporary Islamic legal literature, and scholarly articles. Using the Maṣlaḥah framework, the study analyzes the MUI's legal reasoning and its implications for safeguarding women’s welfare. The findings reveal that the MUI fatwa rejects the practice of mut'ah marriage on the grounds that it undermines legal certainty and moral integrity, especially for women, and contradicts the objectives of Islamic law in ensuring justice, protection, and public benefit. The MUI asserts that marriage must comply with both Islamic teachings and national legal standards, including formal registration, to ensure women’s legal protection. This research contributes originality by highlighting how Maṣlaḥah serves not only as a legal tool but also as an ethical framework in contemporary fatwa formulation. The implications of this study suggest that integrating Maṣlaḥah into fatwa development can reinforce the protection of vulnerable groups, such as women, and align religious rulings with broader societal interests.
Pembagian Harta Waris pada Masyarakat Awo’: Perspektif Hukum Kewarisan Islam Alwi, Mujahid; Shuhufi, Muhammad; Amin, Abd. Rauf Muhammad
ULIL ALBAB : Jurnal Ilmiah Multidisiplin Vol. 3 No. 8: Juli 2024
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jim.v3i8.4045

Abstract

Inheritance in Islam has principles, procedures, and things that need to be fulfilled. The division of inheritance must be done fairly and transparently to avoid inheritance disputes. However, in Indonesia, the customary inheritance system has been used since long ago and has become a tradition, but most people already understand how the Islamic inheritance system works. The purpose of this discussion is to examine the inheritance distribution system in the awo' community, from the perspective of Islamic law. This research is qualitative research. The data collection method used in this research is by conducting field observations, interviews, and literature review. This research emphasizes the division of inheritance property in awo' society. This research aims to find out how the application of the division of inheritance property in awo' society from the perspective of Islamic law and customary law. In addition, this research also aims to find out the advantages and disadvantages that exist in the application of the inheritance system.
The Traditional Land Inheritance System of The Awo Community Enrekang Regency: a Maslahah Perspective Alwi, Mujahid; Supardin, Supardin; Patimah, Patimah; Gassing, Abdul Qadir; Hamsir, Hamsir
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3797

Abstract

In general, there are three inheritance regulations that apply in Indonesia, namely Islamic inheritance regulations, customary inheritance regulations, and inheritance regulations governed by the state. The research focuses on: How is the practice of land inheritance in the Awo community of Baraka District? What are the obstacles in the implementation of Islamic inheritance in the customary inheritance law of the Awo community in Baraka District? And how is the Maslahah perspective on the land inheritance system in the Awo community of Baraka District? This study uses a qualitative field research method with a normative theological and ethnographic approach. The data sources are community leaders, religious leaders, and the Awo community. Data was collected through observation, interviews, and document studies. The findings of this study show that the land inheritance system in the Awo community has been maintained across generations through oral tradition. Inheritance land, known as "manah," is a family asset managed collectively. This system is based on the bilateral principle, which provides equitable inheritance rights to descendants. The implementation of the Islamic inheritance system in the Awo community faces challenges, as there is a conceptual difference between customary inheritance, which grants equal rights to both men and women, and Islamic law, where inheritance distribution differs. There is also a strong influence of local traditions and a lack of understanding of Islamic law. The land inheritance system in the Awo community can be analyzed through the Maslahah approach, which aims to achieve benefits in accordance with Islamic jurisprudence principles. Unlike Islamic law, this land inheritance practice provides benefits by maintaining the unity of assets and ensuring the sustainability of livelihoods. The collective system applied supports the Maqasid al-Syariah. By maintaining the inheritance system, the land remains a heritage passed down through generations, which has implications for the preservation of wealth (hifz mall) and descendants (hifz nasl).
Co-Authors Amin, Abd. Rauf Muhammad Gassing, Abdul Qadir Hamsir Hamsir Kurniawan, Muhammad Zuhud Maloko, H.M. Thahir Muhammad Shuhufi, Muhammad Patimah Patimah R, Rahmatullah R., Abdurahman Supardin Supardin, Supardin