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All Journal Mazahibuna: Jurnal Perbandingan Mazhab Muqaranah
Fikri, Ikhwan
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Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Maqāṣid Sharīah Paradigm in Wealth Preservation and Regional Stability Through Local Currency Protection within ASEAN Fikri, Ikhwan; Subroto, Muhammad Al Kautsar
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.42845

Abstract

This study explores Indonesia's motivation for promoting Local Currency Settlement (LCS) among ASEAN countries and assesses the outcomes of the 42nd ASEAN Summit through the lens of maqāṣid sharīah, focusing on hifẓ al-māl (wealth preservation). Utilizing a mixed-methods approach, the research combines a literature review with field research. The literature review integrates diverse sources such as journals, books, and online materials relevant to policy analysis, while field research includes interviews with Islamic economists, academics, and leaders from religious and government sectors to understand LCS implementation and impacts. The findings indicate that LCS agreements bolster economic independence and stability in the ASEAN region by enabling transactions in local currencies. This system facilitates bilateral and regional trade, enhances investment flows, and supports various economic activities among ASEAN nations. It aligns with the maqāṣid sharīah principle of hifẓ al-māl and reinforces the qiyām or qawām system (balance within self, family, and society), promoting broader economic stability. This research provides a novel perspective by analyzing LCS within the framework of maqāṣid sharīah, highlighting how regional economic policies can harmonize with Islamic principles of wealth preservation. The results suggest that LCS could be a strategic tool for strengthening regional economic integration and stability. By reducing reliance on third-party currencies and aligning with maqāṣid sharīah principles, LCS has the potential to foster more resilient and balanced economic relationships both within ASEAN and globally.
Tinjauan Hukum Pidana Islam dan Pasal 44 Kitab Undang-undang Hukum Pidana Terhadap Pelaku Pencurian Pengidap Kleptomania (Studi Putusan Nomor : 32/Pid.B/2018/PN.Kpg) Fikri, Ikhwan; Fathimah, Ema; Tiara, Bunga Putri
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.v7i2.19553

Abstract

One of the cases that needs to be anticipated and followed up in criminal cases is theft, which often disturbs the public. An example is the case of a criminal act of theft committed by a kleptomania sufferer by a housewife who lives in Kupang City in 2017. This research discusses the analysis of jinayah fiqh or Islamic criminal law and positive law on the application of criminal sanctions for theft based on KUPANG District Court Decision Number 32/Pid.B/2018/PN Kpg. The research method used by researchers is a normative research method which is carried out by examining laws and regulations that are directly related to the crime of theft. The results of the research that have been studied by researchers are that according to article 44 paragraph of the Criminal Code concerning the responsibility of perpetrators of criminal acts of theft who experience mental disabilities such as sufferers of kleptomania, the judge has the authority to decide on an order and send the perpetrator of the crime to a mental hospital for the longest possible time. one year, while the crime of theft by a person suffering from kleptomania according to Islamic law is not subject to a had sentence but rather a ta'zir punishment as ta'dib or teaching in the form of a rehabilitation sentence and a fine which is accountable to the victim.
Co-Authors Fathimah, Ema Subroto, Muhammad Al Kautsar Tiara, Bunga Putri