Al-'Aqdu: Journal of Islamic Economics Law
Vol 5, No 2 (2025): December

Protecting Sasirangan Motifs in Hulu Sungai Selatan: Ḥaqq al-Milkiyyah, Bourdieu's Cultural Capital, and Sustainable Islamic Business

Nadia Sa'adah (Institut Agama Islam Darul Ulum Kandangan)
Norhayati Norhayati (Institut Agama Islam Darul Ulum Kandangan)
Annisa Ariani (Institut Agama Islam Darul Ulum Kandangan)
Norfitria Norfitria (Institut Agama Islam Darul Ulum Kandangan)
Hamdiah Hamdiah (Institut Agama Islam Darul Ulum Kandangan)
Siti Nuraida (Institut Agama Islam Darul Ulum Kandangan)



Article Info

Publish Date
31 Dec 2025

Abstract

The commercialization of Sasirangan cloth from Hulu Sungai Selatan (HSS) Regency has been followed by machine-printed products that copy its motifs and sell for far less than hand-made cloth. This article asks three questions: how Indonesian law allocates rights over Sasirangan motifs, how Islamic economic law characterizes those rights and the act of copying them, and which mechanism can turn the cultural value of the motifs into a fair economic return for the artisans who carry the tradition. It is normative-conceptual legal research using statutory and conceptual approaches. The legal materials comprise Law No. 28 of 2014 on Copyright, Government Regulation No. 56 of 2022 on Communal Intellectual Property, the MUI fatwa on intellectual property rights, the resolution of the International Islamic Fiqh Academy on intangible rights, DSN-MUI fatwas, and fiqh literature, analysed through takyīf fiqhī (legal characterization) and Bourdieu's theory of capital. The analysis shows that Sasirangan motifs fall into two legal categories that require different treatment: inherited motifs, which are communal and held by the State as custodian, and new motifs, which belong to identifiable artisans as ḥaqq al-ibtikār with moral and economic dimensions. Copying a new motif without permission is akl amwāl al-nās bi al-bāṭil and obliges compensation measured by the fair license fee (ujrat al-mithl), whereas selling printed cloth as hand-made Sasirangan is a form of ghishsh against buyers. The proposed model links each problem to a fiqh principle, a Bourdieusian mechanism of institutionalization, a legal instrument, and a responsible actor, with ijārah-based licensing as the main channel for converting cultural capital into just economic benefit.

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Journal Info

Abbrev

JI

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Al-Aqdu: Journal of Islamic Economics Law is registered with the ISSN number 2807-7830 (Print) and ISSN 2807-7342 (Online). It is a peer-reviewed journal published twice a year in June and December by the Shariah Economics Law Study Program, Faculty of Shariah, at the State Islamic Institute of ...