This paper's main problem is how to harmonize Islamic economic law with local culture, namely in petatah-petitih Minangkabau. This research departs from the Minangkabau religious customary philosophy, “Adat Basandi Syarak, Syarak Basandi Kitabullah”. Customary law and Islamic law as laws that live amid the Minangkabau society. Petatah-petitih, as a classic Minangkabau literature originating from the ancestors of the Minangkabau people, contains values to guide people in their behavior. Using literature study or documentation with qualitative descriptive research method, the research results reveal various harmonies between the values and principles of Islamic economic law with the values contained in petatah-petitih Minangkabau. Thus, the existence of petatah-petitih Minangkabau can play a role in internalizing the values of Islamic economic law in Minangkabau society. Enabling petatah-petitih Minangkabau indirectly also brings to life the values of Islamic economic law in the Minangkabau society.
The practice of sharia economics is growing and diverse, which has resulted in the emergence of various sharia economic disputes. This requires the development of alternative dispute resolutions, as has been done by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) by presenting Sharia Standards that specifically discuss tahkim. This paper aims to explain the provisions of tahkim in the Sharia Standards of AAOIFI and the urgency of resolving sharia economic disputes. Using the content analysis method by collecting various relevant references, this study found that various provisions must be met when carrying out a tahkim contract in the settlement of sharia economic disputes, including those relating to the pillars and requirements of tahkim, the object that is the authority of the tahkim contract, provisions for the appointment of judges, and the power of judges' decisions. The application of the tahkim contract in the settlement of sharia economic law disputes has several advantages, namely that it is fast, cheap, efficient, energy and thought-efficient, fair, and fulfills the benefits of the disputing parties, so the development and application of tahkim as an alternative economic dispute resolution is very important.
Nowadays, users of mobile devices are experiencing in increase. Likewise in accessing various social media, one of which is Instagram. Instagram provides various features to disseminate information that supports the fulfillment of people's information needs. Like the instagram account @muamalah_daily as a medium for transmission muamalah. This paper intends to explore what kind of Islamic economic law discourse is represented by the Instagram account @muamalah_daily, as well as how the discourse is constructed. To answer these questions, the approach used in this study was content analysis. This paper found that Islamic economic law represented in the @muamalah_daily account is dominated by contextual contemporary muamalah fiqh while still paying attention to the basic concepts of classical fiqh. The discourse is constructed in light language that easily understood by the public, and is packaged in an attractive appearance. The @muamalah_daily account is also flexible and systematic in responding to contemporary practices. Along with the times, the practice of sharia economic law is increasingly diverse; many people are still taboo about the law. In this condition, society needs legal knowledge about contemporary economic practices that are still new. Thus, the @muamalah_daily account indirectly influences the Islamic economic law discourse that develops in society.
This paper aims at explaining the background of the persistence of Pulang ka Bako marriage in Lasi area and its correlation to family resilience. This research is field research. The Minangkabaunese still carry out the tradition of Pulang ka Bako marriage (marrying the daughter of father’s female sibling) in Minangkabau community, especially in Lasi area. This marriage is considered the ideal type of marriage in Minangkabau. The data sources were obtained from the result of interview with married couples, traditional leaders, and religious leaders. The collected data were then reduced, presented, and concluded. This result showed that the background of Pulang ka Bako marriage was the community’s understanding that this type of marriage can guarantee the development and maintenance of inheritance, kinship social relations, and preservation of traditions and customs. This tradition can build family resilience in the terms of economic and social, and it strengthens cultural resilience as well. From the perspective of maqashid al-sharia, Pulang ka Bako marriage does not only bring benefit to the individual but also to the family. Besides fulfilling the elements of hifzun nasl (preserving offspring), hifzul mal (managing assets), and hifzul 'irdh (maintaining honor), Pulang ka Bako also fulfills the elements of tahqiqul sakn wal mawaddah wa rahmah (realizing the sense of peace, love, and compassion) and tanzimul janibul mali (managing family finances). It can be concluded that Pulang ka Bako type of marriage has fulfilled the objectives of Islamic law and is capable of being one of the solutions to family resilience issues.
This paper discussed on how to resolve disputes over the muḍārabah musytarakah contract in sharia insurance by looking at the applicable sharia insurance dispute settlement regulations and sharia insurance policies. This research was a normative legal research using the documentation method. The results showed that in various regulations and policies regarding sharia insurance, there are various alternatives (choice of forum) in dispute resolution, including in the muḍārabah musytarakah contract. In general, sharia economic dispute resolution can be done in two ways, namely litigation and non-litigation. Litigation dispute resolution was guided by the mandate of Law Number 3 of 2006 on Religious Courts. Several alternative nonlitigation dispute resolutions are mentioned in various regulations, including: by deliberation and consensus; through mediation institutions that are independent and impartial; through an association by the business activities of a sharia insurance company; or the Shari'ah Arbitration Board. Then, in the sharia insurance general policy, there are also various alternative dispute resolutions, including amicably reaching a mutual agreement. But if it is not successful, then the dispute resolution will be carried out through the Indonesian Insurance Mediation Board (BMAI); through the Sharia Arbitration Board; Religious Courts/District Courts in the policy area are issued, or the participant chooses one of the dispute resolution options and is obliged to notify the company.
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