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Noor Azizah; Muhammad Zaini; Andi Santoso; M. Nafarin

Journal Economic Excellence Ibnu Sina 2025 STIKes Ibnu Sina Ajibarang

This study analyzes the application of production theory in the economy of East Kutai, especially in the mining and oil palm plantation sectors. The main focus is on the basic principles of production theory such as the law of diminishing returns, economies of scale, and isoquant curves, and their relevance in improving production efficiency. The study also considers the perspective of Islamic economics which emphasizes sustainability and justice in production. The results of the study indicate that the application of appropriate production theory can reduce costs and increase output, as well as support sustainable and inclusive economic growth in East Kutai.

Bahrul Ulum

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Dumping, characterized by selling goods at below-market prices in export markets, poses significant ethical and economic concerns in global trade. Islamic law (shariah), with its emphasis on justice, equity, and harm reduction, provides a unique lens for analyzing such practices. This review synthesizes insights from scholarly works to explore the compatibility of Islamic legal principles with anti-dumping measures. Key findings include Islamic jurisprudence’s proactive stance against predatory pricing (siyasah al-ighraq) for its potential to harm market stability and marginalize smaller producers. Studies show that Islamic law prioritizes public welfare (maslahah) and promotes ethical market behaviors, offering alternative regulatory perspectives to address trade malpractice. Through case studies like Indonesia’s WTO defense on paper dumping and comparative analyses with Saudi trade laws, this review highlights the robust ethical foundation Islamic law brings to contemporary international trade debates. The synthesis concludes by advocating integrative frameworks to harmonize Islamic ethics with global trade governance.

Diana Sri Utami; Siti Hadijah; Cintami Grece Novita Ramadani; Humairah Hannani; M. Rahman Rizki +1 more

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia's positive legal system is not in line with Jinayah's thoughts of accountability. Criminal responsibility according to Islamic criminal law is based on the awareness and intention of the perpetrator (mens rea) and proof of unlawful actions (actus reus), which is in line with sharia principles. The aim of this research is to study how the concept of Islamic criminal responsibility can be applied to Indonesian law by considering the principles of justice, humanity and uniformity in accordance with the country's constitution. The research method used is normative, by looking at various laws in Indonesia and reading literature about Islamic criminal law and its implementation in countries with Islamic law. The research results show that, although there are fundamental differences between Islamic law and Indonesian positive law, several elements of the concept of Islamic criminal responsibility can be exploited, especially in cases containing certain crimes such as qisas, diyat, and ta'zir. By considering Pancasila as the philosophical foundation of the state, these elements can be exploited. It is hoped that this implementation will help strengthen the national legal system by providing space for the religious values ​​that live within it

Rully Affan Pamungkas; Rastra Wahyudityana; Fadlan Fadlan

International Journal of Communication, Tourism, and Social Economic Trends 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research conducts a comprehensive juridical analysis of interfaith marriage within the framework of Indonesian positive law, examining the legal complexities and regulatory challenges in the current legal system. The study critically analyzes the existing legal instruments, including Marriage Law No. 1 of 1974, compilation of Islamic Law, and relevant Supreme Court decisions that govern interfaith marriages in Indonesia. Through doctrinal legal research methodology, this study investigates the legal vacuum surrounding interfaith marriages and its implications on citizens' constitutional rights. The research examines how different legal interpretations by civil registry offices, religious courts, and other legal institutions affect the implementation of interfaith marriage regulations. Findings indicate substantial inconsistencies in legal interpretation and application, leading to legal uncertainty for couples seeking interfaith marriages. The study reveals that while Indonesian positive law does not explicitly prohibit interfaith marriages, the absence of clear regulatory frameworks often results in practical obstacles and varying administrative practices across different regions. The research also explores how judicial decisions have shaped the legal landscape of interfaith marriages, analyzing landmark cases that have influenced current legal practices. This study concludes that there is an urgent need for legal reform to provide clear guidelines for interfaith marriages that align with constitutional principles while respecting religious values and human rights in Indonesia's pluralistic society.

Nur Sa’adah Harahap; Nursania Dasopang

Jurnal Manajemen dan Pendidikan Agama Islam 2025 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

This study examines the issue of distributing inheritance rights in the context of religious differences among heirs, which is often a complex issue in Islamic law. In traditional fiqh, heirs of different religions are generally not entitled to receive a share of a Muslim's estate. However, the maqashid shari'ah approach, which focuses on the purpose and wisdom of shari'ah, opens up opportunities to reinterpret such rules in light of the principles of justice, beneficence and family harmony. This study aims to analyze how maqashid shari'ah can be applied to provide a solution to the issue of inheritance rights for heirs of different religions. Using normative research methods, this study identifies the relevance of maqashid shari'ah in maintaining social stability, avoiding conflict, and ensuring family welfare. One of the approaches discussed is the application of mandatory wills as a mechanism to provide financial rights to non-Muslim heirs without violating the basic principles of shari'ah. The results show that maqashid shari'ah offers flexibility in addressing contemporary challenges, including the issue of interfaith inheritance. This approach not only emphasizes the importance of maintaining family relationships, but also creates a balance between normative justice and the practical needs of modern society.Thus,maqashid shari'ah becomes a relevant framework to answer inheritance issues in the context of religious differences.  

R. Zainul Mustafa; Siti Aminah

International Journal of Islamic Religious Studies and Sharia 2025 International Forum of Researchers and Lecturers

In 2007, the President of the Republic of Indonesia issued a government regulation on the implementation of religious education which recognizes that this type of Islamic education has made a great contribution to national development. The regulation explains that religious education such as Islamic boarding schools can be managed formally. Following the government regulation, the Minister of Religion then issued a Ministerial Regulation in 2014 to officially recognize pesantren as a traditional-based education. The regulation allows for the integration of yellow book-based education that allocates 70% or more of the curriculum to Islamic studies and Arabic, while 30% to general subjects. The formalization process of traditional Islamic education reached its peak with the passage of Law No. 18 of 2019 concerning Islamic boarding schools which was ratified on September 24, 2019. The pesantren system must be modernized and run classrooms under the madrasah system. On the other hand, the 2019 law recognizes many aspects of traditional pesantren traditions, including those that advocate the study of the yellow book. According to the law, the government is currently responsible for supporting the implementation of Islamic boarding school tradition-based education as well as support for public schools and madrasas. One of the Islamic boarding school educational institutions that has implemented the Islamic boarding school law is the Sunan Drajat Islamic Boarding School. Sunan Drajat Heritage Islamic Boarding School, one of the nine guardians, since 1994 has established a Mu'allimin-Mu'allimat institution whose curriculum has integrated the pesantren curriculum with the general education curriculum.

Dina Fakhira; Adinda Khairunisa Ahmadi; Nabila Intan Safira; Muhammad Gifari Sitorus; Pani Akhiruddin Siregar

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The main goal of this research is to examine how interest in investing in the Sharia market is influenced by Islamic financial knowledge. A thorough grasp of financial concepts that adhere to Islamic law, such as riba, zakat, and the idea of fairness in financial transactions, is necessary for Islamic financial literacy. Islamic financial literacy may have a significant role in investing choices, as shown by the rising knowledge of halal and Sharia-compliant assets. 200 respondents—both current and potential investors in the Sharia capital market—were given questionnaires as part of this study's quantitative methodology. Higher interest in investing in Sharia capital market products like sukuk and Sharia mutual funds is positively correlated with higher levels of Islamic financial literacy, according to the study's findings. These results underline the need of more comprehensive Islamic financial education initiatives to raise public awareness and aid in the growth of Indonesia's Sharia capital market. In order to stimulate investment interest, it is also determined that improvements in Sharia investment products and supporting regulations are essential. Thus, this research comes to the conclusion that promoting a more inclusive Islamic economy and developing the Sharia capital market may both be greatly aided by increasing Islamic financial literacy. This study shows that interest in investing in the Sharia capital market is strongly influenced by Islamic financial knowledge. Sharia-compliant investment products like sukuk (Islamic bonds) and Sharia mutual funds are more likely to be chosen by investors who have a firm grasp of Islamic financial concepts like riba (usury), zakat (almsgiving), and profit-sharing. The research emphasizes the value of thorough financial education initiatives and easily available information in raising public awareness of Islamic finance. It is anticipated that these initiatives would boost more inclusive and sustainable economic development in Indonesia and raise participation in the Sharia capital market.

Arofiani Mutmainah; Dina Cheetah Khairiyah; Habibah Ramadhani Nasution; Ahmad Wahyudi Zein

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to explore how the integration of the Qur'an, Sunnah, Ijma', and Qiyas becomes the main foundation in building a sharia economic framework that is relevant to modern challenges. The Qur'an, as the main source of Islamic law, provides holistic and transformative guidelines, while the Sunnah serves as an explanation and reinforcement of the principles contained in the Qur'an. On the other hand, Ijma' and Qiyas play a crucial role in formulating new laws that are not explicitly mentioned in the sacred texts, thus enabling the application of sharia in the context of contemporary economic problems that continue to develop. This study uses a literature study approach to analyze various theoretical and empirical perspectives related to the application of the four sources of law in sharia economics. The research findings show that the integration of the four sources of Islamic law not only forms a strong normative basis but also provides an understanding in responding to the needs of modern society. In this way, sharia economics can accommodate the principles of justice, poverty, and inclusiveness, which are the essence of building an economic system oriented towards collective welfare. In addition, this study critiques the challenges in implementing sharia principles, especially in the process of interpretation and adaptation to global dynamics. The limitations of conventional methodologies in integrating legal sources often become obstacles in creating solutions that are appropriate to local and global contexts. Therefore, this study suggests the need for a multidisciplinary approach involving collaboration between scholars, economists, and policy makers to ensure that sharia economics can develop consistently and relevantly to the needs of the times. These findings not only enrich academic discourse but also provide practical contributions in efforts to build a more just, sustainable, and Islamic-value-based economic order.  

Muhammad Azizi Akbar Lubis; Isnaini Harahap; Windu Anggara

Prosiding Seminar Nasional Ilmu Ekonomi dan Akuntansi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The purpose of this study is to find out the utilization of natural resources managed by residents based on Islamic economics as sustainable development. This study uses a qualitative research approach. This type of research is Field research. This research was conducted at the Karo Indah Natural Bath located in Namu Ukur Sel., Sei Bingai District, Lalat Regency, North Sumatra. In this study, the primary data used was sourced from interviews, namely with the tourism manager of the Karo Indah Natural Bath and interviews with traders and the community around 2 people. The data collection technique in this study is through interviews and direct observation. The data analysis technique in this study is data reduction where the researcher will describe how to optimize the population in utilizing natural resources in improving sustainable development (SDGs) in Namu Ukur Langkat village from an Islamic economic perspective. The results of the study show that the Karo Indah Nature Bath tourist attraction in the perspective of Islamic economics is in line because there is a sale and purchase contract that is allowed in Islam and the norms that exist in society and do not contradict the law related to Islamic economics. Where this is seen from the business with an increase in halal income is carried out in a good way and for a good purpose as well. Then, the residents of Namu Ukur village also use natural resources well and not excessively, in the sense that residents always maintain the cleanliness and beauty of the natural resources used. In this case, the community's economy has also increased due to the existence of long business opportunities by utilizing these natural resources.

Moh Yamin Rumra; Syah Awaluddin; Evi Savitry Gani

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2024 LPPM Universitas 17 Agustus 1945 Semarang

The Kei Islands community adheres to the Larvul Ngabal customary law, which governs various aspects of social and economic life. The philosophy of Ain Ni Ain, emphasizing brotherhood and justice, serves as the foundation for Yelim, a mutual aid system for managing social funds within the community. Additionally, the Kei people have implemented cultural accounting practices in recording and managing communal funds, which align with the principles of transparency and accountability in Islamic banking. However, the acceptance of Islamic banking among the Kei people remains a challenge, particularly within a multireligious community. This study is a sociological legal research (Socio-Legal Research) that employs a descriptive qualitative method with an ethnomethodological approach, involving interviews with customary leaders, religious figures, business actors, and the general public. The findings indicate that the values of Ain Ni Ain and Yelim align with Islamic banking principles, particularly in terms of social justice and financial transparency. Moreover, cultural accounting practices in communal fund management reflect an accountability mechanism similar to Islamic accounting standards. Thus, integrating Kei’s indigenous financial system with Islamic banking offers an innovative approach to enhancing financial inclusion in multireligious societies.    

Ulya Shafa Firdausi; Dian Rosita; Arina Novitasari; Maslikan, Maslikan

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Marriage is a physical and spiritual bond between a man and a woman, aimed at forming a happy and lasting family. In marriage, property plays a crucial role and is legally classified as either joint property or personal property, as regulated in Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). However, property ownership often becomes a source of conflict, sometimes leading to divorce.The legal status of property after divorce depends on the applicable legal framework, whether Islamic law, customary law, or the Civil Code (KUHPerdata). To prevent disputes, couples may establish a prenuptial agreement to regulate property ownership and division. This study employs a normative juridical method by analyzing primary, secondary, and tertiary legal materials. The research aims to provide an understanding of the legal status of property in marriage and the importance of prenuptial agreements in avoiding conflicts and ensuring a harmonious household.

Andi Tenri Wale; Nur Ramadhani; Kurniati Kurniati

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The transformation of fiqh principles is crucial in addressing the challenges of Islamic law in the era of social media and e-commerce. As technology advances, new phenomena such as digital transactions, online communication, and social media interactions significantly influence the social and economic dynamics of the Muslim community. In this context, fiqh principles need to be adjusted to remain relevant to the needs of maslahat (public interest) in contemporary times. This article aims to analyze how fiqh principles can be applied in the context of social media and e-commerce, and how they adapt to the changing times to ensure that Islamic principles continue to safeguard the welfare of the community. The approach used is a literature review, focusing on the adaptation of fiqh in facing digital technological advancements.

Mappasessu Mappasessu

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research explores the role of digital technology and artificial intelligence (AI) in transforming Islamic family law practices, with a focus on efficiency, accessibility, and justice. This study aims to analyze how technology supports administrative processes, legal decision-making, and public literacy toward Islamic law. The method used is a multidisciplinary approach that integrates the perspectives of sharia law, technology, and ethics. The results show that digital technology improves efficiency through document digitization, online registration, and virtual hearings, while AI makes a significant contribution through big data analysis to understand family dispute patterns and offer algorithm-based recommendations. However, there are challenges related to algorithm bias, data security, and compliance with sharia values. The study emphasizes the importance of collaboration between scholars, technology experts, and legal practitioners to ensure the adoption of technology that is aligned with maqashid al-shariah, in order to create an adaptive and inclusive Islamic family legal system in the digital era.

Wahyu Safitri

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The existence of law within a state is one of the fundamental aspects and not merely a formality of the state. Law has a very significant function and influence, both in creating justice, order, protection of human rights, and welfare. Indonesia is one of the countries that has legal pluralism, namely customary law, Islamic law, and national law. These three legal systems are important components in every agenda for the formulation and creation of laws in Indonesia. The tendency of legal characteristics includes regulating societal behavior, being coercive and binding, containing prohibitions and commands. Its purpose is to regulate behavior and relationships among humans. Thus, justice, harmony, and social order are created.

Ghazyan Hidzyam Haqqani

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Village governments play a central role in Indonesia's governance structure as public service providers at the local level. This research aims to analyze the implementation of Islamic values of leader obligations, such as trustworthiness, justice, and deliberation, in village governance policies based on Law No. 6/2014 on Villages. Using a normative juridical method with statutory, conceptual, and comparative approaches, this research evaluates the implementation of Islamic values through document and literature studies. The results show that although Islamic leadership principles are reflected in the duties of the village head, such as fair management of village funds and community empowerment, implementation faces challenges, including limited resources, diverse understanding, and integrity issues. The study also identified strategic solutions, such as continuous training, strengthening supervision, and increasing community participation. In conclusion, Islamic leadership values have strong relevance in village governance policies and can improve the quality of village governance if optimally implemented. This research contributes to the understanding of the integration of Islamic values in the context of modern governance and recommends more in-depth follow-up studies on specific cases to enrich the literature in this field.

Abib Novriyanto; Moh Bahrudin; Syamsul Hilal

Jurnal Penelitian Ilmu Ekonomi dan Keuangan Syariah (JUPIEKES) 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Ijtihad Bahtsul Masail Nahdlatul Ulama (NU) in the field of economics, which seeks to answer contemporary challenges while remaining rooted in the tradition of Islamic knowledge. NU's approach prioritizes the continuity of the transmission of Islamic knowledge through a legitimate and trusted chain, using classical fiqh books, especially the Shafi'i school of thought. The purpose of this study is to understand the relevance and effectiveness of collective ijtihad carried out by NU in answering modern economic issues such as Islamic banking, investment, e-commerce, and digital payment systems. The method used in this study is a literature study by reviewing literature related to classical fiqh books, journals, and relevant scientific articles. The results of the study show that Bahtsul Masail NU has made a significant contribution to developing Islamic economic law that is relevant to the development of the times. LBM NU not only answers contemporary issues, such as online investment and e-commerce, but also plays a role in forming sharia-based economic policies implemented by the community. However, this study also notes challenges, such as maintaining the consistency of the ijtihad method and answering complex issues without sacrificing the basic principles of sharia.

Muslih Muslih; Akbarizan Akbarizan; Akmal Abdul Munir; Akel Fernando; Andi Marwan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Divorce is a global phenomenon with significant implications for children's rights. This study aims to conduct a comparative analysis of the fulfillment of children's rights after divorce in five countries with different legal systems: Qatar, Egypt, Indonesia, Malaysia, and Jordan. The research employs a normative juridical method with a comparative legal research approach through literature review and legal document analysis. The findings reveal that each country has a unique mechanism for ensuring children's rights after divorce. Diverse legal systems—ranging from common law, civil law, to Islamic law—lead to variations in approaches to ensuring custody, care, and protection for children. The study identifies four critical dimensions in fulfilling children's rights: the right to survival and development, the right to protection, the right to education, and the right to participation. The comparative analysis highlights that cultural factors, legal systems, and political commitment play a fundamental role in determining the effectiveness of child rights protection after divorce. Key recommendations of this study include the need for regulatory harmonization, strengthening enforcement mechanisms, and developing sustainable monitoring systems. This research provides theoretical and practical contributions to understanding the complexity of fulfilling children's rights across global legal systems.

Riza Arizona; Moh Bahrudin; Syamsul Hilal

Jurnal Ekonomi Keuangan Syariah dan Akuntansi Pajak 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

It cannot be denied that every Muslim believes in the oneness of Allah and the apostleship of the Prophet Muhammad. But we also need to realize that humans are not only required to believe in the Prophet, but are required to follow and imitate him. Thus, just believing is not enough. However, you need to realize that imitating the Prophet does not mean following exactly everything the Prophet did, and abandoning everything he did not do. There are at least three problems that will arise if the establishment of Islamic law ignores ushuliyah rules; ambiguity in the use of ushuliyah rules, errors in understanding texts in the Al-Qur'an and Hadith, and broad interpretations because they are not focused on one or several ushuliyah rules. This illustrates that the position of ushuliyah rules: al-am, al-khas, al-amru and an-nahyu is very important as a methodology for determining Islamic law. The aim of the research is to determine the ushuliyah al-am, al-khas, al-amru and an-nahyu approaches as methodologies, procedures and problems in determining Islamic law. This research is qualitative research in the form of literature with an Ushul Fiqh approach.

Rispan Rispan; Yenni Samri Juliati Nasution

Jurnal Ekonomi dan Pembangunan Indonesia 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The issue of nazir waqf, which is still traditional-consumptive due to lack of knowledge about waqf and poor human resources, is one of the obstacles in the implementation of waqf legislation. The problem of naziran will be discussed in this article, along with its definition, tupoksi, professional nazir standards, challenges, and solutions. The findings of this study lead to the conclusion that morality, management, and business, along with other additional information and insights, are necessary for professional nazirs. Professional Nazirs also need to have human skills, technical abilities, and interpersonal skills. Other challenges include expertise, coaching, recruitment, incentives, competencies, and supervision. In addition, the paradigm shift and the existence of Nazir are some of the solutions that can be applied, such as associations, the establishment of Nazir schools, and the improvement of Nazir welfare. The guidance and supervision of Nazir Waqf is carried out by the Minister and the Indonesian Waqf Board, with the aim of improving professionalism and ethics in the management of waqf. Improving the quality of professional nazir is expected to have an impact on increasing the productivity of waqf assets, increasing public trust, and making a real contribution to economic and social development.

Rauzatun Jannah; Faisal Yahya; Azmil Umur

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study aims to examine the illegal land ownership of the Pusong Reservoir in Banda Sakti Subdistrict, Lhokseumawe City by the local community, viewed from the perspective of Islamic law, specifically the concept of milk al-daulah, and national legislation, particularly Law No. 17 of 2019 on Water Resources. The phenomenon of land ownership in the reservoir has resulted in various impacts, including ecosystem damage and the potential for conflicts between the community and the government. This research uses a juridical-sociological approach with a descriptive-analytical qualitative method. Data were collected through interviews, observations, and literature studies. The findings show that the community’s ownership of the reservoir land, which is used for business and residential purposes, is in conflict with the principle of milk al-daulah and Law No. 17 of 2019, which stipulates that water resources are controlled by the state and must be used for public interest. The weak implementation of government oversight in managing this land has led to an imbalance between the interests of the community and the state. This study recommends better management of the reservoir land to ensure ecosystem sustainability and community welfare.