Ramadhan, Munawwir
Universitas Islam Negeri Sumatera Utara

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Keadilan Gender Dalam Keluarga Perspektif Amina Wadud Fadhil, Muhammad; Ramadhan, Munawwir
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Publisher : Fakultas Syariah dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v1i1.28461

Abstract

This study examines the concept of gender justice in Muslim families through the perspective of Amina Wadud, particularly in the reinterpretation of the concept of qiwamah contained in QS. An-Nisa verse 34. The concept of qiwamah is traditionally often interpreted as the legitimacy of superiority and absolute leadership of men over women in the family structure, which creates a gender hierarchy and places women in a subordinate position. This study uses a normative juridical method with a hermeneutic approach to analyze Amina Wadud's thoughts sourced from her works, especially "Qur'an and Woman" and "Inside the Gender Jihad". The results of the study show that Amina Wadud offers an alternative interpretation of qiwamah as a conditional functional responsibility, not a hierarchy based on gender. In the contemporary socio-economic context where women also play a role in the family economy, qiwamah can be reciprocal or even shifted to women. The implications of Amina Wadud's concept of qiwamah for gender justice in the family include: (1) flexible division of roles between husband and wife according to ability and agreement; (2) participatory decision-making through deliberation without giving veto rights to the husband; (3) firm rejection of domestic violence by interpreting the word "dharaba" as temporary separation from home, not hitting; and (4) equality in rights and obligations based on the principle of reciprocity as stated in QS. Al-Baqarah verse 228
SHARIA BUSINESS LEGAL PROTECTION FOR CUSTOMERS WHO ARE VICTIMS OF FRAUD AT INDONESIAN SHARIA BANKS Ramadhan, Munawwir; Fadhil, Muhmmad
AT-TAFAHUM: Journal of Islamic Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Abstract

The increasing incidence of fraud in the Islamic banking sector, particularly at Bank Syariah Indonesia (BSI), indicates a gap in the supervision system and legal protection for customers. This study aims to analyze the forms of legal protection under Islamic business law for BSI customers who have become victims of fraud between 2023 until 2025, as well as to assess the effectiveness of the application of Sharia principles and positive law regulations in safeguarding customers’ rights. The research employs a juridical-normative method by using a statute approach and a case approach, with secondary data derived from court decisions, Financial Services Authority (OJK) reports, and official national media publications. The results show that the legal protection mechanisms for BSI fraud victims have not been fully optimal. Although dispute resolution mechanisms exist through the Financial Services Authority (OJK) and the Alternative Dispute Resolution Institution for the Financial Services Sector (LAPS SJK), their implementation still faces challenges regarding transparency and case-handling efficiency. From the perspective of Islamic law, the principles of amanah (trustworthiness), ‘adālah (justice), and maslahah (public interest) have not been fully applied in protecting customers, particularly in cases of internal and cyber fraud. This study recommends strengthening the responsibilities of Islamic banks, including ensuring data confidentiality, regulatory compliance, employee training, and the implementation of comprehensive digital security systems. Technological innovations such as data encryption and blockchain utilization are essential strategies for protecting customers’ data from potential misuse. Furthermore, banks are obliged to provide compensation to affected customers as a form of legal accountability, either through non-litigation mechanisms (LAPS) or litigation in Religious Courts, in accordance with the characteristics of Islamic Business Law. Therefore, the protection of Islamic business law for customers should not only be reactive after fraud occurs but also preventive, aiming to maintain public trust and ensure the sustainability of Islamic banking in Indonesia.