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All Journal JSE: Jurnal Sharia Economica Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Pradana, Neco Erlin
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Praktik Muamalah Tradisional dan Penyelesaian Sengketa dalam Masyarakat Banjar Safitri, Maulidita; Pradana, Neco Erlin; Ramadhana, Yulia; Rukmawati, Desyana Putri; Putri, Riska Yunita; Rahmaniah, Amelia; Hanafiah, M.
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1544

Abstract

The Banjar community is recognized as an ethnic group with a strong integration of Islamic teachings and local customs in its social and economic life. Traditional muamalah practices, particularly in buying and selling transactions, reflect the internalization of Islamic legal principles within long-standing local traditions. In addition, the Banjar people have a distinctive mechanism for dispute resolution known as adat badamai, which emphasizes deliberation, peace, and the restoration of social harmony. This study aims to examine traditional muamalah practices of the Banjar community and their dispute resolution mechanisms from the perspective of Islamic economic law and local wisdom. This research employs a qualitative approach using library research methods. Data were collected from relevant literature, including books, academic journals, and previous studies. The findings indicate that the tradition of explicitly pronouncing contractual statements (ijab qabul) in Banjar buying and selling transactions is consistent with the principles of Islamic muamalah and does not contradict Islamic law. Furthermore, dispute resolution through adat badamai reflects the values of justice, public interest (maslahah), and peace, which are central objectives of Islamic law. This study concludes that Banjar traditional muamalah practices and dispute resolution mechanisms remain highly relevant as models of local wisdom–based dispute settlement within contemporary Islamic legal and social contexts.
PEMBATASAN HAK KHIYAR DALAM PERDAGANGAN SAHAM: ANALISIS TERHADAP KEBIJAKAN NON-CANCELLATION PERIOD BURSA EFEK INDONESIA Abduh, Muhamad Rahmani; Akbar, Ilham; Ilmi, Fajrul; Pradana, Neco Erlin
JSE: Jurnal Sharia Economica Vol. 5 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/j1nqs143

Abstract

This study aims to analyze the stock trading mechanism on the Indonesia Stock Exchange (IDX) and examine the Non-Cancellation Period policy from the perspective of Islamic law, particularly through the concept of khiyar. This research employs a normative legal method with a conceptual approach, focusing on the analysis of fiqh muamalah principles in relation to modern stock trading practices. The findings indicate that stock trading on the IDX is conducted through a structured electronic system, where transactions are deemed to occur upon the matching of buy and sell orders. The Non-Cancellation Period policy restricts the modification and cancellation of orders within a specific timeframe to maintain price stability and prevent potential market manipulation. From an Islamic law perspective, this restriction does not fundamentally contradict the concept of khiyar majlis, as orders that have not yet been matched cannot be considered legally binding contracts. Furthermore, based on the fiqh principles of dar’u al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ (preventing harm takes precedence over attaining benefit) and lā ḍarar wa lā ḍirār (no harm and no reciprocating harm), the policy can be justified as it aims to prevent collective harm and preserve market integrity. Therefore, the Non-Cancellation Period reflects an adaptation of Islamic legal principles within modern trading systems while maintaining justice and public interest
Co-Authors Amelia Rahmaniah Ilham Akbar Ilmi, Fajrul M. Hanafiah Muhamad Rahmani Abduh Putri, Riska Yunita Ramadhana, Yulia Rukmawati, Desyana Putri Safitri, Maulidita