scholarly journals Praktik Gadai Tanah Sawah di Desa Alatengae Maros Sulawesi Selatan dalam Perspektif Syariat

2021 ◽  
Vol 2 (3) ◽  
pp. 472-487
Author(s):  
A. Hawariah ◽  
Kurnaemi Anita ◽  
Jujuri Perdamaian Dunia ◽  
Shofiyyah Shofiyyah
Keyword(s):  
Qualitative Research ◽  
Rural Communities ◽  
Islamic Law ◽  
Rice Fields ◽  
Paddy Fields ◽  
Legal Practice ◽  
Social Phenomena ◽  
Legal Principles ◽  
South Sulawesi ◽  
The Village

This study aims to identify and reveal the practice system of pawning paddy fields that often occurs in villages in Indonesia. This research is a descriptive-qualitative research that describes various conditions, situations or social phenomena that exist in rural communities. The approach used is normative juridical to examine theories, concepts, legal principles and laws and regulations related to this research by emphasizing the facts that occur in the field. The research location chosen was the village of Alatengae, Maros, South Sulawesi, as a representative of a number of villages in Indonesia that often practice pawning rice fields. After collecting and analyzing data regarding the legal practice of pawning paddy fields that occurred, the reality of the system of using pawned goods, in this case the pawned rice fields, is contrary to Islamic law and can be categorized as usury, because it is very detrimental to one party, namely the party who pawns. This is because the function rights or the harvested rice fields are fully owned by the party who received the pledge without any distribution of the results. Even though the original law, utilization may be carried out by the party receiving the pledge but only to return the costs used when managing or working on the rice fields.

scholarly journals Pengaruh Hukum Islam tentang Larangan Tuak Terhadap Perilaku Masyarakat Desa Boto Kecamatan Semanding

2020 ◽  
Vol 22 (1) ◽  
pp. 1-24
Author(s):  
Husni Habibi
Keyword(s):  
Qualitative Research ◽  
Rural Communities ◽  
Islamic Law ◽  
Field Research ◽  
Community Response ◽  
Actual Behavior ◽  
Legal Norms ◽  
Analysis Techniques ◽  
Community Behavior ◽  
The Village

This article is based on field research aims to answer the question of the influence of Islamic Law on prohibiting liquor (Tuak) towards community behavior of Boto Village in Semanding district of Tuban Regency.  It also strives to analyze the factors that contribute to mold people's behavior. The approach of this research is combining a quantitative survey and qualitative research methods, with data analysis techniques in the form of analytical descriptive. The results of the study conclude that Islamic law is incapable of fashioning the actual behavior of its adherents, especially in the village of Boto. The prohibitions of liquor (tuak) failed to stimulate the behavior of rural communities under Islamic legal norms. This is indicated by the lack of community response to Islamic legal norms. On the contrary, it is conclusively found that the behavior of the majority of people deviates from the Islamic provisions of legal norms about the prohibition of liquor (tuak).

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

scholarly journals Otoritas dan Gerakan Keagamaan Daengguru: Studi Sejarah Islamisasi di Sulawesi Selatan

2020 ◽  
Vol 11 (2) ◽  
pp. 67-91
Author(s):  
Mustari Bosra
Keyword(s):  
Social System ◽  
Islamic Law ◽  
Social Institution ◽  
Integration Pattern ◽  
System A ◽  
South Sulawesi ◽  
The Social ◽  
Almost All ◽  
The Village ◽  
Central Level

This paper is about the Islamization movement of the kingdoms in South Sulawesi, sointegrated sara 'is into a social institution called pangadereng (Bugis) angadakkang (Makassar). To ensure the upholding of Islamic law, which has been integrated into the social system, a religious bureaucracy (Islam) known aswas formed sara '. The royal bureaucratic officials who handle this institution, from the central level to the village or village level are called parewa sara ', which in this study uses the term daengguru. This integration pattern was developed in almost all Islamic kingdoms in South Sulawesi. Adat has its own field and sharia controls its own field. One another should not disturb each other. When the King of Bone La Maddarremmeng was about to confront Islam and customs, he was opposed by all parties. When Arung Matowa Wajo declared a strong Islamization, he was also evicted from his position.

scholarly journals Analisis Praktik Akad Muzara’ah Di Desa Lebak Kecamatan Sangkapura Bawean Gresik Perspektif Hukum Islam

2019 ◽  
Vol 1 (1) ◽  
pp. 30-40
Author(s):  
Ainun Barakah ◽  
Pipin Suitra
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Agricultural Practices ◽  
Rice Fields ◽  
The Other ◽  
Irrigate Rice ◽  
Library Research ◽  
The People ◽  
The Village ◽  
Lease Agreement

Abstract Bawean is an archipelago administratively included in Gresik Regency, where the main occupation of the people is farming and fishing, but not all of the people have land to farm and ships to go to sea, and not a few who work in Malaysia and Singapore have even become citizens of that country. so that the land and rice fields below are unproductive, so there is cooperation between landowners and tenants or cultivators, in agricultural practices, landowners and processors or workers often make contracts and agreements in such cooperation, as well as in the village of Lebak, the agreement sees to the weather, or irrigation used to irrigate rice fields, and the yields obtained during the rainy season in certain months are different, there are at least three cooperation systems in the muzara'ah contract implemented there, in this study the three systems were analyzed to determine which in accordance with Islamic law , of the three, there are two agreements that use the muzara’ah contract, and the other one uses the ijarah agreement or lease agreement. This research uses the library research method with a qualitative inductive approach. Keywords: muzara’ah, Islamic Law, Gresik

scholarly journals Kalesang dorp in Context De bouw van Village

2019 ◽  
Author(s):  
M Chairul Basrun Umanailo
Keyword(s):  
Qualitative Research ◽  
Rural Communities ◽  
Rural Development ◽  
Community Involvement ◽  
Well Being ◽  
Research Approach ◽  
Important Thing ◽  
Innovative Program ◽  
Regional Leaders ◽  
The Village

Kalesang Village is an innovative program of regional leaders to improve the well-being and economic standard of rural communities, a strong desire to involve the entire community comes together in assisting the implementation of the village. Objective examined Kalesang Village solely for reviewing how far the success of the program was to the community in rural development. In research and studies conducted using qualitative research approach to strengthen and formalize the findings of the field. That what has been done in the village of Kalesang Program evokes patronage and downstream program where community involvement is not the result of consciousness has awakened, but because of problems of bureaucratic structures that create dependence on the direction of companion gave birth to participation this village working units (SKPD). The most important thing that is related to indicator of success and engagement that is not that perceived can be found needs no improvement and changes in patterns of approach and implementation in the field

scholarly journals Inheritance System of Bugis Community in District Tellu Siattinge Bone, South Sulawesi (Perspective of Islamic law)

2020 ◽  
Vol 4 (1) ◽  
pp. 179
Author(s):  
Tarmizi Tarmizi
Keyword(s):  
Qualitative Research ◽  
Distribution System ◽  
Islamic Law ◽  
Research Data ◽  
Men And Women ◽  
Only Children ◽  
South Sulawesi ◽  
Inheritance System ◽  
Mutual Agreement

Each region has different inheritance traditions, including in the Bugis community in Tellu Siattinge District, Bone Regency. This study aims to determine the distribution system of the Bugis heritagein Tellu Siattinge District, Bone Regency then examined in the perspective of Islamic law. This type of research is a qualitative research and research data was collected through document studies, observations and interviews with the community. The results showed that the transfer of assets was generally carried out before the testator died through grants or willswhich is divided by deliberation while assets that have not been divided will be distributed after the heir dies as inheritance. The main heir who inherits only children, the determination of the portion received by the heirs depends on the agreement and the portion received by men and women is generally generalized. The system of inheritance is not appropriate according to Islamic law, especially in fiqh mawāriṡ, but because the distribution is done based on mutual agreement (islah), this is permitted with a record as long as the rights of each heir are taken into account and there is no conflict in the distribution of inheritance.

scholarly journals The Radicalism Prevention Policy in State Islamic Religious Universities in South Sulawesi: An Overview of Maqasid Syari'ah

2021 ◽  
Vol 19 (1) ◽  
pp. 71
Author(s):  
Lukman Arake ◽  
Ismail Keri ◽  
Syawaluddin Hanafi
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Ethics Committee ◽  
Prevention Policy ◽  
Face To Face ◽  
Islamic Studies ◽  
South Sulawesi ◽  
Academic Activities ◽  
Collection Methods ◽  
Main Factor

 This study aims to raise the perspective of Islamic law on the policy of preventing radicalism at PTKIN in South Sulawesi, which is by dharuriyyat al-khamsah in maqasid shari'ah. This research is qualitative research with a maqasid sharia approach with data collection methods obtained through documentation and interviews. The results of this study found that; First, The stipulation of the Chancellor's Decree regarding the ethics committee and appointing several lecturers from the leadership element, as well as the involvement of senior lecturers providing an understanding of peace and Islam as a religion of rahmatan lilalamin, then supervising academic activities, having strict, active, and consistent duties in carrying out ethics committee sessions, considered capable of preventing radically oriented behaviour. Second, build the image of the campus as a centre for Islamic studies and Bugis culture. Third, to provide room for discussion, both through seminars and face-to-face, especially with students exposed to radicalism. Fourth, make a study of Religious Deradicalization, which aims to prevent radicalism and strengthen religious moderation. When viewed from the perspective of maqaṣhid shari'ah, some of these efforts in preventing radicalism in several PTKIN in South Sulawesi are very important to determine as the main factor in efforts to deradicalize religion and also religious moderation. As relevant to the values of maqaṣhid shari'ah, which uses some of its features, namely universality, the interplay of hierarchies, and openness (freedom of the academic pulpit).

The Impact Of Village-Owned Enterprises (Bumdes) In Strengthening Local Economy In The Border Village Of Sebente, Bengkayang Regency

2020 ◽  
Vol 18 (3) ◽  
pp. 24
Author(s):  
Blasius Manggu ◽  
Sabinus Beni
Keyword(s):  
Qualitative Research ◽  
Rural Communities ◽  
Positive Impact ◽  
Local Economy ◽  
Field Observations ◽  
Governmental Organization ◽  
Village Community ◽  
The Impact ◽  
The Village

In an effort to improve the welfare of the community as a non-governmental organization and see the potential it has, as well as the needs of the community, the presence of "SETANGA LESTARI" BUMDES in Sebente Village Teriak District is the government's support in the effort to empower rural communities for a better life. The purpose of this research is to find out the role of Village-Owned Enterprises (BUMDES) in efforts to improve the local economy, knowing what the problems and obstacles faced by the Village-Owned Enterprises, in Sebente Village, Teriak District, Bengkayang Regency. Descriptive qualitative research, with various stages including finding literature that is in accordance with the problem and the topic in accordance with the object to be studied, field observations, permission to related parties to complete the instrument until the completion stage, the data is analyzed, and the next stage the data is reduced, then validated so that research is perfect. The results of the study concluded that the BUMDES had not yet had a positive impact on improving the welfare of the village community, as there were still some people in the preprosperous category.

scholarly journals MAKNA SIMBOLIK SAWAH DI MASYARAKAT PEDESAAN TINJAUAN KOMUNIKASI LINGKUNGAN PADA MASYARAKAT SEMENDE DARAT TENGAH KABUPATEN MUARA ENIM-SUMATERA SELATAN

2015 ◽  
Vol 5 (3) ◽  
Author(s):  
Yenrizal, Agus Rahmat, Atwar Bajari, dan Johan Iskandar
Keyword(s):  
Rural Communities ◽  
Natural Environment ◽  
Local Environment ◽  
Rice Fields ◽  
Communication Process ◽  
Paddy Fields ◽  
Construction Process ◽  
The Public ◽  
The People ◽  
Special Meaning

Rice fields are an integral part in the life of rural communities, especially in the public of SemendeDarat Tengah, Muara Enim, South Sumatra. Rice fields are considered as part of the socio-culturaland economic of society. All of this is part of the communication process conducted by the publicenvironment, particularly the ability to understand the phenomenon of the local environment and thengive the meaning to the phenomenon. This is the focus of this study, environmental communicationprocess of society by looking paddy fields as a major agricultural. Through communication ethnoecologyapproach, this research shown that the people has made the construction process of the rice fields, whichare then considered to have a special meaning, ie the meaning of prosperous, the meaning of power,and the meaning of identity. All of not happen by itself, but a process of community communicationto understand their natural environment, in particular the existence of paddy. There are a symbolicconstruction mechanism which lasts from various groups in society.

scholarly journals Nafkah Bagi Istri dalam Masa Iddah Talak Raj’i (Studi Pemahaman Masyarakat Kuala Baru, Aceh Singkil)

2019 ◽  
Vol 1 (2) ◽  
pp. 232-256
Author(s):  
Sabaruddin Sabaruddin
Keyword(s):  
Qualitative Research ◽  
Qualitative Data ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Data Sources ◽  
Is Research ◽  
Legal Provisions ◽  
Village Government ◽  
The Village

This study aims to describe the understanding of the Kuala Baru Subdistrict community about providing livelihood for raj'i iddah talak describing the divorce practices in Kuala Baru and their implications for iddah livelihood, and describing how the Kuala Baru community views the wife's livelihood during the iddah period, and explains how the legal provisions Islam towards the practice of the Kuala Baru people towards the living of the iddah in raj'i talak. This research is included in qualitative research by pointing to field research. That is research which focuses more on the results of data collection to informants who have been determined, the data sources used are primary and secondary data using qualitative data analysis. The results of the study show that divorce practices have taken place in Kuala Baru Subdistrict only through the village government, and rarely come to court. Then, the understanding of the Kuala Baru people about the giving of iddah is still very minimal, so they think that if they are divorced there are no rights and obligations of husband and wife. Therefore, based on the provisions of Islamic law the custom that occurs in the Kuala Baru community about the absence of a living iddah for a wife who is denied by raj'i is very contrary to Islamic law, even al-'urf also rejects the habits of the Kuala Baru community, and also the benefit is very detrimental to women, because their rights are not fulfilled.

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