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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Jurnal Hukum Progresif Tribakti: Jurnal Pemikiran Keislaman Khazanah Hukum
Imaro Sidqi
KU Leuven
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Re-Reading Al-Uqud Al-Murakkabah: Types and Models of Hybrid Contracts Concept in Fatwa DSN-MUI Pitriani Pitriani; Doli Witro; Muhamad Izazi Nurjaman; Iib Hibaturohman; Imaro Sidqi
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.34717

Abstract

The aims of this research is to clarify the type of multi-contract used by National Sharia Council-Indonesian Ulama Council (DSN-MUI) in its product innovation, so that the multi-contract concept used is a multi-contract concept that is in accordance with sharia rules and principles. This research is sharia economic law research that uses descriptive literature research methods. This research uses a normative juridical approach. The primary data used in this research is the DSN-MUI Fatwa which is related to the concept of hybrid contracts in the innovation of sharia banking products. Meanwhile, Secondary data sources include various sources of literature such as laws, scientific articles, books, and others. The data analysis technique used was the cumulative data analysis technique of Miles et al., namely data condensation, data presentation, and drawing conclusions. This study found that so far, the DSN-MUI has used the type of multi-contract for similar contracts (a combination of muawadhat contracts) and also non-similar contracts (a combination of muawadhat contracts and tabarru’ contracts) provided that there is a separation of agreement documents to avoid usury schemes for the use of these contract combinations and income (both margins, ujrah, and profit sharing) is obtained from the use of muawadhat contracts. This non-similar contract combination scheme is confirmed in the Fatwa on the Income of Islamic Financial Institutions (LKS) During the Construction Period (Fatwa No. 142 of 2021), namely Al- Uqud al-Murakkabah al-Muta’addidah. Meanwhile, the hybrid contracts scheme for similar contracts uses the Al-Uqud al-Murakkabah al-Mutajanisah hybrid contracts scheme
Digital Assets and Islamic Inheritance Law: Reinterpreting the Concept of Māl through Maqāṣid Sharī‛ah Bunga Desyana Pratami; Yos Johan Utama; Ana Silviana; Imaro Sidqi; Iqbal Kamalludin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 2 (2026): Vol. 9, No. 2, April 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i2.51899

Abstract

Purpose - The rapid development of the digital economy has engendered new forms of wealth that challenge classical concepts of ownership within Islamic law, particularly in the context of inheritance law. Digital assets—such as cryptocurrency, non-fungible tokens (NFTs), and economically valuable digital accounts—present significant legal questions regarding their status as inheritable property, especially given their intangible nature and reliance on technological systems. In practice, many digital assets become inaccessible following the owner's death, often due to the loss of passwords or private keys. This situation creates a disparity between classical legal doctrines and contemporary realities. This study aims to analyse the legal status of digital assets within Islamic inheritance law through a reinterpretation of the concept of wealth (māl) employing an objective of the Islamic law (maqāṣid al-sharīʿah) approach.Methodology/approach - This research employs a normative juridical methodology, utilising both conceptual and maqāṣid-based approaches. It is conducted through a comprehensive literature review of classical Islamic jurisprudence (fiqh) texts and maqāṣid theory, supplemented by an analysis of contemporary practices concerning digital asset.Findings - Although some classical scholars—particularly within the Ḥanafī school—emphasised the material aspect of māl, the majority of scholars recognise lawful economic value and benefit (manfaʿah mubāḥah) as the primary criteria for determining property status. From this perspective, digital assets qualify as māl because they possess economic value, can be owned, and are transferable. Furthermore, the framework of maqāṣid al-sharīʿah, particularly the principles of protection of wealth (ḥifẓ al-māl) and protection of lineage (ḥifẓ al-nasl), provides a robust normative basis for recognising digital assets as inheritable property. Therefore, the reinterpretation of māl through a maqāṣid approach facilitates the integration of digital assets into Islamic inheritance law in both a normative and contextual manner.Conclusion - This study concludes by advocating the establishment of legal and technical mechanisms designed to protect the rights of heirs in the digital age, thereby minimising the disparity between doctrinal principles and practical application.
The Ritual Tradition of Esoteric Scientific Practices in Islamic Boarding Schools: A Study of Khizib Kubro Ismul Haq’s Practical Book Faizin; Hendro Kartika Juniawan; Doli Witro; Moh. Nailul Muna; Imaro Sidqi
Tribakti: Jurnal Pemikiran Keislaman Vol. 36 No. 1 (2025): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v36i1.6360

Abstract

This paper examines the ritual tradition of esoteric scientific practices in Islamic boarding schools (pesantren), with a focus on the practical teachings outlined in the Kitab Amalan Khizib Kubro Ismul Haq. The study employs a qualitative research approach, utilizing library research methods. The primary data source is the Kitab Amalan Khizib Kubro Ismul Haq, along with supporting literature such as books, academic articles, and journals relevant to the research topic. Data collection is carried out through documentation, and content analysis is used for data analysis, incorporating techniques of data condensation, presentation, and conclusion drawing. The research findings reveal three main points. First, Islamic boarding schools (pesantren) are key institutions in preserving and developing Islamic traditions, including esoteric scientific practices. Second, esoteric practices are often misunderstood or negatively stigmatized due to a lack of comprehensive understanding, where the outward forms of the practices are emphasized over their deeper meanings. Third, the esoteric practices within pesantren share common ground with Sufism, as both emphasize inner spiritual transformation and the unveiling of hidden truths, with the ultimate aim of attracting benefits and avoiding harm for the practitioner. This paper aims to offer a fresh perspective on the esoteric ritual traditions in Islamic boarding schools and contribute to a deeper understanding of their role in Islamic spiritual practices.
SUBMERGED OR DESTROYED? RECONSTRUCTING AGRARIAN JUSTICE FOR COASTAL COMMUNITIES AFFECTED BY TIDAL FLOODING IN INDONESIA Bunga Desyana Pratami; Imaro Sidqi
Jurnal Hukum Progresif Vol 14, No 2 (2026): October 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.2.459-495

Abstract

Tidal flooding increasingly threatens coastal land tenure in Indonesia by altering the physical condition, legal status, and socio-economic function of land. The central problem is the absence of clear legal parameters distinguishing temporarily submerged land from permanently destroyed land, despite the different consequences for land rights, certificates, registration records, and state responsibility. This study examines and reconstructs the legal protection of tidal-flood-affected land through Ronald Dworkin’s theory of justice as integrity. It employs doctrinal legal research using philosophical-hermeneutic, statutory, and conceptual approaches, focusing on the Basic Agrarian Law, Article 28H(4) of the 1945 Constitution of the Republic of Indonesia, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 17 of 2021. The study finds that the existing framework remains predominantly administrative, lacks firm criteria for transitional land conditions, and provides inadequate remedies for affected rights holders. Land should be classified as submerged where its boundaries remain identifiable, its legal relationship with the rights holder continues, and its physical or socio-economic function can still be restored. In such cases, land rights, certificates, and registration records must remain protected, supported by rehabilitation and administrative safeguards. Land may be classified as destroyed only where it has permanently lost its physical existence, identifiability, and socio-economic function. Although this classification may terminate land rights, it does not extinguish the state’s obligations toward former rights holders. Applying justice as integrity, this study reconstructs land-status determination by placing constitutional rights, equal concern and respect, socio-economic continuity, and proportional state responsibility at its core. Accordingly, the legal framework should require transparent procedures, meaningful participation, objections and remedies, fair compensation, appropriate relocation, and long-term socio-economic recovery. Indonesian agrarian law therefore requires reformulation to integrate administrative legal certainty with substantive justice and progressive climate-responsive protection for coastal communities affected by tidal flooding.
Co-Authors Ana Silviana Bunga Desyana Pratami Bunga Desyana Pratami Doli Witro Faizin Hendro Kartika Juniawan Iib Hibaturohman Iqbal Kamalludin Moh. Nailul Muna Muhamad Izazi Nurjaman Pitriani Pitriani Yos Johan Utama