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All Journal Legal Protection for the Partnership Agreement Parties Peradaban Journal of Law and Society Journal of Law and Legal Reform
Ahmad, Md Yazid
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Universality and Contextuality of Islamic Law: a Perspective from Wael B. Hallaq and Thaha Jabir Alwani Luth, Thohir; Ahmad, Md Yazid
Peradaban Journal of Law and Society Vol. 2 No. 2 (2023)
Publisher : Pustaka Peradaban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59001/pjls.v2i2.112

Abstract

The article delves into the concepts of universality and contextuality within Islamic law from the perspectives of two eminent scholars, Wael Bahjat Hallaq and Thaha Jabir Alwani. The research aims to comprehend these scholars' views on the universality and contextuality of Islamic law in the contemporary context. The research methodology involves a meticulous analysis of Hallaq and Alwani's written works and a comprehensive review of pertinent literature. The findings suggest that, while both scholars concur that Islamic law embodies universal values applicable across time, they also underscore the significance of comprehending the social and cultural context when applying Islamic law. Hallaq emphasizes the necessity of a profound understanding of the principles of Islamic law to address contemporary challenges, whereas Alwani highlights the flexibility of Islamic law in adapting to changing times. These findings offer valuable insights into the effective implementation of Islamic law in diverse global and local contexts.
KEADILAN NORMATIF DANIMPLEMENTATIF TENTANG PENEGAKAN HUKUM EKONOMI SYARIAH UNTUK MEWUJUDKAN KEPASTIAN DAN KEADILAN HUKUM DI INDONESIA Solehudin, Ending; Huda, Miftakhul; Ahyani, Hisam; Ahmad, Md Yazid; Abd Khafidz, Hasanah; Taufik Rahman, Encep; Hidayat, Moh. Syarif
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1467

Abstract

In Indonesia, sharia economic law is implemented through Religious Courts which have an important role in resolving disputes involving sharia financial entities such as banks, microfinance institutions, and insurance. Law Number 3 of 2006 replaces Law Number 7 of 1989 which significantly expands the authority of the Religious Courts in supervising and enforcing sharia economic principles. Sharia economics, which is based on Islamic values ​​such as justice, honesty, and legal certainty, forms an economic and financial system that is different from conventional systems. Religious Court Judges strive to balance ethical and practical considerations in carrying out their judicial duties. This research examines how ethical perspectives and practical considerations contribute to achieving legal certainty and justice in resolving sharia economic disputes, especially in the Surabaya Religious Court. This research uses a normative juridical approach using legal utility theory to analyze the challenges faced and propose strategies to increase the effectiveness of implementing simple, efficient, and cost-effective principles in Sharia economic protection at the Surabaya High Religious Court. The research results consider the principles of maqasid al-syariah to simplify the process, lighten the burden on the parties involved, and uphold justice in every decision-making. This study emphasizes the need for better integration between Islamic Sharia principles and Sharia banking practices in Indonesia, as well as encouraging reforms to ensure that legal outcomes provide fair justice and maximum social benefits, in line with the ethical and utilitarian aims of the law.
Resolving Disputes Arising from Land Acquisition for Public Purposes Involving Indigenous Peoples in the Nusantara Capital Region Permadi, Iwan; Masykur, M. Hamidi; Herlindah, Herlindah; Wicaksono, Setiawan; Ahmad, Md Yazid
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.731

Abstract

This research endeavors to investigate the intricate process of dispute resolution pertaining to conflicts that emerge between indigenous communities inhabiting the candidate site for the State Capital (Nusantara Capital City) and the Nusantara Capital Authority, a ministry-level institution endowed with the responsibility of overseeing regional administration within the Nusantara Capital City. Spanning an expansive 256,142 hectares of land, the Nusantara Capital City landscape harbors a mosaic of 17 indigenous communities in North Penajam Paser Regency and 34 indigenous communities in Kutai Kertanegara Regency, collectively comprising over 20,000 members, as documented by the Indigenous Peoples Alliance (Aliansi Masyarakat Adat). The procurement of land for the Nusantara Capital City's expansion has engendered protracted conflicts, notably pertaining to the resettlement of indigenous communities and the determination of suitable compensation areas. These conflicts persist without the presence of regulatory safeguards that could protect the rights and interests of indigenous communities while satisfying the exigencies of Nusantara Capital City development. The Indigenous Peoples Draft Law, despite its relevance, fails to address the intricacies of resolving disputes arising from land acquisition for public purposes. Similarly, the existing frameworks for land acquisition designed for public interest do not adequately address conflicts involving indigenous communities that lack legal recognition. Consequently, this research endeavors to propose a comprehensive conflict resolution framework rooted in the fundamental human rights of indigenous peoples, while also accommodating the imperatives of developmental investment. This approach seeks to strike a harmonious balance between the preservation of indigenous rights and the fulfillment of Nusantara Capital City's development needs.
Co-Authors Abd Khafidz, Hasanah Ahyani, Hisam Ending Solehudin Herlindah, Herlindah Hidayat, Moh. Syarif Iwan Permadi Luth, Thohir M. Hamidi Masykur, M. Hamidi Miftakhul Huda Setiawan Wicaksono, Setiawan Taufik Rahman, Encep