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All Journal Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Hakamain: Journal of Sharia and Law Studies
Kartikasari, Yunia
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Religion Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Social Transformation of Tompangan Marriage in Contemporary Madurese Society through Islamic Legal Sociology Perspective Maulana, Ilham; Kartikasari, Yunia
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1359

Abstract

Abstract: This research aims to analyze the social transformation of the tompangan marriage tradition in the contemporary society of Bragung Village through the lens of Islamic legal sociology. The study explores how this unique marital practice—where monetary value is converted into goods as part of the marriage agreement—has evolved in response to changing socio-cultural and religious dynamics. Employing a qualitative field research method with a sociological approach to Islamic law, data were collected through in-depth interviews with community leaders, religious figures, and married couples, as well as through direct observation and documentation of local practices. The findings reveal that the traditional practice of tompangan, which was once a symbol of communal prestige and obligation, has experienced significant shifts in meaning and implementation. Economic modernization, individualistic values, and increasing awareness of Islamic legal norms have contributed to the transformation of tompangan from a collective social expectation into a more personalized, negotiable aspect of marriage. It has also led to debates around its compatibility with Islamic legal principles, especially concerning fairness and avoidance of burdensome dowries. The study concludes that the practice of tompangan in Bragung Village demonstrates the fluidity of customary law when interacting with Islamic jurisprudence, showing that Islamic legal norms are not static but responsive to social change. The academic contribution of this research lies in its demonstration of how Islamic legal sociology offers a robust analytical framework for understanding the interplay between tradition, religion, and social transformation in marriage practices in Muslim-majority societies.
Addition of Non-Official Public Transportation Fares in Palembang City: A Study of Ijārah Contracts and Contemporary Fiqh Kartikasari, Yunia; Wijaya, Sandy
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.15382

Abstract

This study examines the practice of adding city transportation fares (angkot) outside the official provisions that occur in the KM 5 Palembang area, this is reviewed from the perspective of the ijārah contract  in the fiqh muʿāmalah and its relevance in the context of contemporary fiqh. This practice often occurs without transparency and explicit agreement between the driver and passengers, raising questions regarding the validity of the lease-hire contract (ijārah) in transportation service transactions. This study uses a juridical-normative and sociological approach with data collection techniques through observation, interviews, and documentation. The results of the study show that the practice of increasing rates outside of official provisions does not fully meet the principles and conditions of the validity of the ijārah contract, especially in the aspects of willingness (tarāḍī) and clarity of rewards (ujrah). From the perspective of contemporary fiqh, the practice also has the potential to contain elements of gharar and harm the service users. Therefore, stricter regulations and education on sharia economic law are needed to create justice and openness in transportation service transactions.
Addition of Non-Official Public Transportation Fares in Palembang City: A Study of Ijārah Contracts and Contemporary Fiqh Kartikasari, Yunia; Wijaya, Sandy
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.15382

Abstract

This study examines the practice of adding city transportation fares (angkot) outside the official provisions that occur in the KM 5 Palembang area, this is reviewed from the perspective of the ijārah contract  in the fiqh muʿāmalah and its relevance in the context of contemporary fiqh. This practice often occurs without transparency and explicit agreement between the driver and passengers, raising questions regarding the validity of the lease-hire contract (ijārah) in transportation service transactions. This study uses a juridical-normative and sociological approach with data collection techniques through observation, interviews, and documentation. The results of the study show that the practice of increasing rates outside of official provisions does not fully meet the principles and conditions of the validity of the ijārah contract, especially in the aspects of willingness (tarāḍī) and clarity of rewards (ujrah). From the perspective of contemporary fiqh, the practice also has the potential to contain elements of gharar and harm the service users. Therefore, stricter regulations and education on sharia economic law are needed to create justice and openness in transportation service transactions.
Co-Authors Ilham Maulana Wijaya, Sandy