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All Journal Jurnal Sosiologi Dialektika Sosial MILRev: Metro Islamic Law Review
Ma'adul Yaqien Makkarateng
Ankara University, Türkiye
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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TÜRKIYE AND THE TRANSFORMATION FROM OTTOMAN TO A MODERN REPUBLIC: A SOCIAL HISTORICAL PERSPECTIVE Ma'adul Yaqien Makkarateng; Andi Darna; Fauzan Samad; Fahmi Yusuf
Jurnal Sosiologi Dialektika Sosial Vol. 12 No. 1 (2026): Maret
Publisher : Program Studi Sosiologi Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jsds.v12i1.15966

Abstract

This study aims to discuss Turkey, an empire that emerged after the end of the Umayyad, Abbasid, Fatimid, Seljuk, Ayyubid, and Mamluk periods. This study uses a qualitative method with a social history approach. The social history theory is a way to systematize, categorize and provide a social historical interpretation of the development of the Ottoman Empire until it became Modern Turkey. This study concluded that the Ottomans became one of the great Islamic empires with a huge territory that defeated the previous dynasties. The territory of power stretches from the continent of Asia, Africa and even to Europe. In 1942 the Ottoman caliphate changed from an empire to the Republic of Turkiye spearheaded by Mustafa Kemal Attaturk. In this phase Turkey was subjected to a wave of secularism and westernization that turned into a massive revolution and the jargon that emerged was the absolute separation of religious and state affairs in the truest sense. The next phase was the re-emergence of Islamic power which was started by Necmettin Erbakan by founding the Refah party. Despite being overshadowed by a powerful military force, the Islamist group has gained public sympathy. Today, modern Islamist groups continue to have public support led by Recep Tayyip Erdoğan with the AKP party. Various political, social, economic and influential achievements continued to be achieved during this leadership. Domestic political stability with the Kurds has improved in addition to socio-political stability in the Middle East, Asia and Europe. In the context of social history, Turkey underwent a transformation starting from a monarchical caliphate, then to a secular republic and finally entering the phase of the modern Islamic republic.
A Benefit-Based Reconstruction of Contemporary Copyright Inheritance in Indonesian Islamic Law Syabbul Bachri; Zaenul Mahmudi; Khoirul Hidayah; Ma'adul Yaqien Makkarateng
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i2.13719

Abstract

The emergence of intellectual property as an economically productive asset has challenged the traditional conception of inheritance in Islamic law, particularly regarding the transfer of copyright after the author's death. Although the Kompilasi Hukum Islam (KHI) serves as the primary legal framework for inheritance adjudication in Indonesia's Religious Courts, its provisions remain predominantly oriented toward tangible property, generating normative uncertainty regarding contemporary intangible assets. This study aims to examine the legal status of copyright inheritance within Indonesian Islamic law through the case of the copyrighted Al-Barqy Qur'anic learning method and to formulate a benefit-based reconstruction of inheritance norms capable of accommodating productive intellectual assets. Employing an empirical socio-legal approach, the research integrates qualitative fieldwork through semi-structured interviews with the heirs responsible for managing the Al-Barqy copyright and doctrinal analysis of Articles 171(e) and 189 of the KHI in conjunction with Indonesian copyright legislation. The collected data were analyzed using the interactive model of Miles and Huberman, while the normative reconstruction was developed through Fazlur Rahman's Double Movement theory and Jeremy Bentham's utilitarianism. The findings demonstrate that the heirs have implemented a hybrid inheritance model combining farā'iḍ-based allocation of economic rights with collective copyright governance, thereby preserving both Islamic distributive justice and the long-term economic productivity of the inherited asset. Nevertheless, the absence of explicit legal recognition within the KHI creates uncertainty regarding the inheritance and management of productive intangible property. This study proposes a benefit-based reconstruction of Islamic inheritance law by reformulating Article 171(e) to recognize intangible economic rights as inheritable assets explicitly, and by reconstructing Article 189 to expand the concept of productive inheritance beyond agricultural land to encompass all assets requiring collective and sustainable management. The study contributes to contemporary Islamic inheritance scholarship by demonstrating the adaptive capacity of Islamic law to respond to evolving economic realities while maintaining its foundational objectives of justice, legal certainty, and public welfare.
Co-Authors Andi Darna Fahmi Yusuf Fauzan Samad Khoirul Hidayah Syabbul Bachri Zaenul mahmudi