The imbalance of land ownership and tenure, which results in several land cases, becomes the main problem in agrarian sector in Indonesia that needs quick handling. Although the government has issued some policies related to the agrarian sector, such cases have not been completely solved. The main cause of the imbalance of land ownership is not merely about substance or policy related to land, but also the fundamental concept, philosophy, and orientation of the policy. Regarding this matter, this article explains Islamic point of view about fairness in distribution of land ownership as an alternative solution. Methodologically, this research is normative juridical research which is not only descriptive, but also prescriptive with doctrinal approach. According to a research conducted, every policy related to land issued by the government should be based on the principles of public interest or social justice as well as security of life and property, which become part of the concept of maqashid al-syarî’ah. Thus, the government must play an active role in the mechanism for the distribution and revocation of property rights over the land. Additionally, to make a fair and equitable the distribution of land, the government is required to provide supports, such as intensification and extensification so that all people are able to receive, manage, and use land ownership rights.
In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.
In harmonious and zero intolerance society, conflicts can still potentially occur. The cause of the conflict can be caused by many variables, such as politics, culture, religion, and economics. Research shows that in cases of multipurpose building, Hok Tek Bio temple, in Ciamis, the dominant factor of conflict is the different interpretation of the concept and implementation of sharia on houses of worship and diversity. Understanding sharia which puts theology as the basis of the diversity of the key religious figures of the Forum for Religious Harmony (FKUB) Ciamis, the Indonesian Ulama Council (MUI), and the local community around the temple become strong force to be conflict resolution. The combination of sharia values understanding of Muslim leaders in FKUB, MUI, and the community and the cultural values of the Sundanese people in Ciamis can play as togetherness bond in harmonious life. Therefore, the model of civic pluralism that combines sharia and culture as local wisdom becomes an effective conflict resolution model.DOI: 10.15408/ajis.v16i1.2900
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