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All Journal Bayan: Jurnal Studi Islam dan Humaniora
Erniawati
Universitas Islam Negeri Alauddin Makassar
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Concept Of Ownership In Prophet’s Hadits: A Study Of The Principles Of Property Rights And Their Relevance To Contemporary Economics Erniawati; Maghfirah; Asiqah Usman Ali
BAYAN: Jurnal Studi Islam dan Humaniora Vol. 1 No. 1 (2025): Juli 2025
Publisher : PT. Nawa Edukasi Nusantara

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Abstract

The gap between prophetic ownership principles in hadith and contemporary economic practices forms this research background. This study aims to analyze ownership concepts in hadith and explore their relevance to modern economics. The research employs qualitative methodology with descriptive-analytical approach through literature review. Findings reveal that ownership from hadith perspective constitutes trust (amanah) rather than absolute right. Three fundamental principles emerge: moral and social responsibility of owners, limitations preventing economic exploitation, and lawful wealth acquisition mechanisms. Implementation of these principles in modern economic systems manifests through Islamic banking, anti-monopoly regulations, and ethical digital economic development. The study formulates a tiered ownership model based on maqashid syariah with equitable redistribution mechanisms as alternative solution addressing global economic disparities.
The Position of Testimony in the Court Evidentiary System: A Juridical-Normative Analysis of Indonesian Law and Islamic Courts Erniawati; Abdul Halim Talli; Zulhas’ari Mustafa; Mohamad Subli
BAYAN: Jurnal Studi Islam dan Humaniora Vol. 2 No. 1 (2026): Januari 2026
Publisher : PT. Nawa Edukasi Nusantara

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Testimony constitutes an essential evidentiary instrument within Indonesian and Islamic judicial systems, yet its application encounters practical complexities. This research aims to analyze the position of testimony in court evidentiary systems through a juridical-normative approach by comparing Indonesian positive law and Islamic law. The method employed is normative juridical with qualitative analysis of legal norms, testimony concepts, and case studies. Research findings indicate that: (1) Testimony regulation in KUHAP adheres to the negative legal system, while Islamic judiciary implements testimony hierarchy based on case types with more rigid standards; (2) Validity requirements for testimony in positive law emphasize procedural-formal aspects, whereas Islamic law applies the principles of 'adalah and dhabt with comprehensive tazkiyah al-syuhud mechanism; (3) The evidentiary position of testimony in Indonesian system is flexible with Constitutional Court Decision No. 65/PUU-VIII/2010 expanding acceptance of testimonium de auditu, while Islamic system applies the principle of "dar'u al-hudud bi al-syubuhat" for maximum prudence. This research concludes that despite different approaches, both systems converge toward justice objectives through mutually complementary mechanisms within Indonesia's legal plurality context.
Co-Authors Abdul Halim Talli Asiqah Usman Ali Maghfirah Mohamad Subli Zulhas’ari Mustafa