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Maqasid Forum
ISSN : -     EISSN : 31635377     DOI : 10.30983/maqasidforum
Core Subject : Education, Social,
Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The scope of the journal includes, but is not limited to: maqāṣid al-sharī‘ah studies Islamic law and jurisprudence fiqh and uṣūl al-fiqh Islamic family law Islamic economic and financial law constitutional law and governance judicial and court practices comparative legal studies law and society in Muslim contexts public policy analysis from Islamic law perspectives contemporary issues in Islamic legal studies
Arjuna Subject : Ilmu Sosial - Hukum
Articles 81 Documents
Land Dispute Resolution in Fiqh Siyasah: A Decision Study of Koto Nan Gadang Court Muhammad Bintang Ismail Aji Putra; Hendri Hendri
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.3908

Abstract

This study examines the settlement of land disputes in Nagari Koto Nan Gadang by the Customary Peace Judges Council, focusing on Decision No. 03/DHPA/KAN-KNG/VI/2021. It aims to analyze the dispute resolution process from the perspective of Minangkabau customary law and Islamic justice values, as well as its conformity with the principles of Fiqh Siyasah Dusturiyah. This study employs a descriptive-analytical qualitative method using field research and literature review. Data were collected through observations, interviews, and documentation, supported by relevant legal literature and customary regulations. The findings indicate that land dispute resolution involves several stages, beginning with the submission of a complaint, followed by mediation through the Jonjang Naiak Batanggo Turun mechanism, trial proceedings, site inspection, and deliberation among the panel of customary judges before reaching a decision. Throughout these stages, local wisdom plays a significant role in maintaining fairness, transparency, and social harmony. The principles of Gabuak Diampe, which emphasizes deliberation and collective agreement; Miang Dikikih, which highlights the importance of objective evidence and careful examination; and Puntuang Diombuh, which encourages the acceptance of decisions with an open heart, serve as essential foundations for resolving disputes. Furthermore, the decision reflects the principles of Fiqh Siyasah Dusturiyah, particularly justice (al-‘adl), deliberation (al-musyawarah), and public welfare (al-maslahah). These findings demonstrate that customary dispute resolution in Nagari Koto Nan Gadang represents a meaningful integration of local legal traditions and Islamic values. This integration contributes to the legitimacy of customary institutions and supports peaceful, equitable, and socially sustainable land dispute resolution.