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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Al-Albab Muqaranah
Torik, Muhammad
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Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pemanfaatan Sawah Warisan Secara Bergilir Menurut Hukum Islam dan Hukum Adat Endry, Endry; Torik, Muhammad; Purnomo, Bitoh
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.19581

Abstract

The use of inherited rice fields in rotation is in accordance with customary inheritance law and article 189 KHI, namely using collective principles. This is not in accordance with the individual principle in Islamic inheritance law. One reason is that in the collective system there is a delay in the distribution of inherited assets. This has the potential to cause conflict. The formulation of the problem in this research is how to implement the use of heritage rice fields in rotation among the Mayapati Village community. The aim of the research is to examine through Islamic law and customary law the rotational use of inherited rice fields in the Mayapati Village community. The type of research is field research with data collection through interviews, observation and documentation. This research is also normative legal research with a qualitative approach, namely data obtained through library materials such as books, documents or statutory regulations related to the problems that occur. Descriptive in nature, that is, the problem is formulated according to the facts that occurred. According to customary law, inherited rice fields are used in rotation according to a collective system. According to the view of Islamic law, inheritance should be divided based on the parts regulated in the text. Referring to the Compilation of Islamic Law, the rotational use of inherited rice fields which is in accordance with Islamic Law is only inherited collectively, in accordance with property rights in Islamic law, namely ownership for the benefit only or haqqul intifa', while the rotational use of rice fields is not in accordance with work regulations. with muzara'ah.
Tariqa in Indonesia: Social Integration of Religious Adherents Torik, Muhammad; Asmara, Muhammad Abdillah; Febriani, Fenti
Al-Albab Vol 12, No 1 (2023)
Publisher : Graduate Program of Pontianak Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alalbab.v12i1.2614

Abstract

This paper seeks to shed light on how tariqas [school or order of Sufism] play an important role in the socio-religious life of Indonesian society. Furthermore, this paper intends to explore research gaps from previous research by looking at how conflict and social integration among tariqas are in the reality of religious communities. In addition, this paper also aims to explain the causative and supporting factors originating from the tariqa structural institutions and the tariqa interests in social integration among the tariqa. Based on the collected data which were analyzed using a qualitative approach, this article found that the tariqas have become the main agent in maintaining social integration among the tariqa practitioners and minimizing the gaps of conflict between the existing tariqas. However, at the same time, a tariqa needs legitimacy from its followers so that it creates space for conflicts of interest among the tariqa practitioners, especially in the fields of economics, politics, as well as among their followers. This paper is based on research conducted using in-depth library research aimed to find out how conflict and social integration occur in society.
KORELASI FILSAFAT NILAI TENTANG KEBAIKAN DENGAN AL-MASLAHAH Harun, Muhamad; Torik, Muhammad
Nurani Vol 16 No 2 (2016): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v16i2.935

Abstract

Orientation to establishment of Islamic law with a variant of the method is to achieve human welfare. To achieve the benefit of this, not just human authorized by God to made through His mind, but also God determine through His Word, so that in Islamic law, there are two sources of law, namely “naqliy” and “aqliy” always follow the development of human civilization has implications for the emergence of new problems the rule of law is not regulated in the passage, then the method “maslahah al-mursalah” into one of the alternative solutions oriented to the good of man. In other words, let alone at the level of Allah and the Massenger (via maslahah al-mu'tabarah) as a legal resident, on human writing even if the benefit to be achieved as the "fruit" of authoritative of law through “maslahah al-mursalah”. In regard to the philosophy of the value of the good, the methods of “al-maslahah” have embodied the virtues intuisisme, universalistic hedonism, utilitarianism and religiosisme.
Co-Authors Asmara, Muhammad Abdillah Endry, Endry Febriani, Fenti Muhamad Harun Purnomo, Bitoh