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All Journal MAQASIDI Al Hurriyah : Jurnal Hukum Islam
Muhammad, Alfan Jawahir
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Practice of Equal Inheritance Distribution in Karangbanyu Village, Ngawi Lahuri, Setiawan Bin; Nurafni, Fina; Muhammad, Alfan Jawahir
Alhurriyah Vol 10 No 2 (2025): December 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v10i02.9984

Abstract

This study explores the practice of inheritance distribution between men and women, where the majority of the community applies an equal 1:1 division rather than the 2:1 ratio prescribed in Islamic inheritance law. While the Qur’an establishes the 2:1 distribution as just and beneficial (maṣlaḥah), reflecting the distinct rights and responsibilities of men and women, the community interprets justice as equal shares. Factors influencing this practice include customary traditions, parental instructions, the desire to avoid family disputes, the longer caregiving role often carried out by daughters, and the perception that all children deserve equal rights. This research uses a qualitative juridical-sociological approach, drawing data from interviews, documentation, and supporting literature. The findings indicate that the 1:1 practice is viewed locally as fair and beneficial because it prevents conflict, maintains family harmony, and ensures individual ownership of assets. However, from the perspective of Islamic law, true maṣlaḥah lies in the 2:1 provision, which balances men’s financial duties with women’s honored but non-financial roles. The study highlights the tension between local customs and Islamic legal principles, suggesting the need for broader awareness and dialogue to align community practices with the objectives of the Sharī‘ah
Investment in Non-Fungible Token (NFT) Digital Assets from Hadith Perspective: An Analysis of Gharar and Maisir Elements Muhammad, Alfan Jawahir; Arif, Zainal; Nurafni, Fina
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/10.47498/maqasidi.v5i2.6335

Abstract

 The advancement of blockchain technology has introduced new digital economic instruments, notably Non-Fungible Tokens (NFTs), which function not only as representations of digital asset ownership but also as investment vehicles with highly volatile values. This development has sparked debates within Islamic law, particularly regarding the presence of gharar (excessive uncertainty) and maisir (speculative gambling) in NFT investment practices. This study examines the legal status of NFT investment from the perspective of ḥadīth-based muʿāmalah and analyzes the extent to which gharar and maisir are inherent in its transactional mechanisms. Employing a qualitative library research approach, this study uses descriptive-analytical methods to examine Prophetic ḥadīths prohibiting gharar and maisir, and contextualizes them within the technical characteristics and transaction structures of NFTs. Data sources include classical ḥadīth collections, ḥadīth commentaries, fiqh al-muʿāmalah literature, and relevant contemporary scholarly works. The findings indicate that NFTs, as digital assets, possess definable objects, ownership clarity, and verifiable delivery through blockchain technology, and therefore do not inherently constitute gharar. However, the use of cryptocurrency, extreme price volatility, and short-term speculative behavior may introduce elements of gharar and maisir if not accompanied by clear valuation, utility, and investment objectives. Consequently, the permissibility of NFT investment cannot be generalized but must be assessed contextually to uphold justice and the protection of wealth (ḥifẓ al-māl).
Co-Authors Arif, Zainal Nurafni, Fina