Papers by Anwar Radiamoda
Journal of Human Rights, Culture and Legal System
This study discusses the rights and position of the husband against his wife in the practice of s... more This study discusses the rights and position of the husband against his wife in the practice of semenda-marriage which is still in going today. This issue is discussed under the marriage law. Because this research is classified as qualitative research, the method used is normative juridical with descriptive analytical research. The analysis used in this research is critical discourse analysis. From the results of the study conducted, it was found that based on the theory of the rights and obligations of husband and wife in the family, that semenda-marriage are not in accordance with Indonesian marriage laws, because they position the wife as more powerful and superior to the husband. The rights and obligations of husband and wife have been explained in the marriage law, that what is the husband's obligation is the wife's right and what is the wife's obligation is the husband's right, and this is a concept of equality and complementarity. Apart from that, in the house...
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan
The purpose of this paper is to find out more clearly about the position of customary law for the... more The purpose of this paper is to find out more clearly about the position of customary law for the Malay community, which can be said to be all Muslim, by analyzing it through the study of ‘urf in Islamic law. This research is categorized as qualitative research. Qualitative research intends to understand the phenomenon of what is experienced by the research subject, for example, behavior, perception, motivation, action, and others, thoroughly and descriptively in a special natural context by utilizing the scientific method. The findings in this paper are that Malay customary marriage law, which has been practiced so far in Malay countries, is in accordance with Islamic law. The Malay customary marriage law that may be applied is a law that does not conflict with Islamic values, or 'urf al-sahih. Meanwhile, Malay customary marriage law that cannot be applied is a law that is contrary to Islamic values, or 'urf al-fasid, because it can damage the purpose of the shari'a to...
Az-Zarqa': Jurnal Hukum Bisnis Islam
Abstrak: Kajian dalam artikel ini akan membahas implementasi qardhh dalam Lembaga Keuangan Syaria... more Abstrak: Kajian dalam artikel ini akan membahas implementasi qardhh dalam Lembaga Keuangan Syariah (LKS) yang mencakup pengertian, dasar hukum, ketentuan serta persyaratan terkait akad qardh serta manfaat. Kajian mengenai implementasi qardh di Lembaga Keuangan Syariah ini penting disajikan dengan alasan bahwa qardh merupakan suatu produk pembiayaan bank yang berasaskan atau memiliki prinsip untuk saling tolong menolong. Namun, jasa pembiayaan semacam ini kurang begitu populer di masyarakat. Tujuan artikel ini adalah untuk mempopulerkan akad qardh di tengah masyarakat, mempermudah dan melancarkan aktivitas ekonomi masyarakat dengan memaparkan konsep, implementasi dan manfaat dari qardh bagi para pelaku usaha. Penelitian ini menggunakan metode studi pustaka yakni dengan cara mengumpulkan berbagai sumber bacaan yang sesuai, lalu menggunakan analsisis deskriptif dengan mengidentifikasi dari berbagai sumber rujukan baik buku, jurnal dan website. Temuan dalam penelitian ini, menggambarkan...
Advances in social science, education and humanities research, 2023
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
This study is intended to examine the formulation of the results of the 2019 Plenary Meeting of T... more This study is intended to examine the formulation of the results of the 2019 Plenary Meeting of The Supreme Court of the Republic of Indonesia relating to the nafkah madhiyah for children. This formulation is important, because previously the Supreme Court through its decision number 608K/AG/2003 stated that a child's nafkah madhiyah cannot be prosecuted after a husband and wife divorce, so this Supreme Court decision is often used as jurisprudence by judges to reject lawsuits about nafkah madhiyah for child. However, by issuing the formulation of the results of the plenary meeting, The Supreme Court opened up the opportunity for a lawsuit regarding the nafkah madhiyah for child. This study is a normative legal study by relying on library data, then providing an ushul fiqh approach, especially mashlahah analysis. This study shows that the plenary meeting of the Supreme Court chambers in 2019 not only provided a different formulation from the previous decision, but also showed a ...
INNOVATIO: Journal for Religious Innovation Studies
Waqf, as an Islamic public finance mechanism, can be seen as a tremendous forthcoming instrument ... more Waqf, as an Islamic public finance mechanism, can be seen as a tremendous forthcoming instrument that plays a noteworthy role in generating a prominent source of financing for the state and the needs of the multipart and growing Muslims. Waqf is an essential factor of the Islamic economic instruments, which is positively believed, can solve the socio-economic problem mainly in the good challenge to eradicate poverty due to scarcity and insufficiency of income and employment. Although Waqf has been implemented in the Philippines for many years, it has yet to contribute to the welfare of the people today. Thus, this study used a qualitative research method from library research and web-based journals and articles. The literature on the development and management of waqf properties was gathered and reviewed thoroughly. Prior studies provided interesting insight on the importance of Masjid, madrasah, healthcare centers, and integrated schools before the Marawi City war broke up in May 2...
JIL: Journal of Islamic Law, Aug 1, 2021
The debate about the form of the state in Islam took place among Muslim intellectuals. Normativel... more The debate about the form of the state in Islam took place among Muslim intellectuals. Normatively, the unclear arguments about the relationship between religion and the state in Islamic sources are the leading cause. Historically, there are various forms of Islamic state practiced by Muslims from classical to modern times. This article discusses the dynamics of the constitution practiced by Islamic countries throughout history, from the Prophet to the present. Why is the Islamic constitution different in its arrangement and application in the history of Islamic governance? What are the factors that influence that diversity? The questions discussed in this article use a historical approach to mapping continuity and change in the Islamic constitution. In the period of the caliphate, there was no written constitution as the basis for statehood. The caliph is the constitution itself because of its absolute power. During the nation-state period, there were differences in the placement of Islam as a religious state, shariah as the only source of law, and judicial institutions that sought to adjust the compatibility of the shariah. Four factors cause the diversity of constitution in Islamic countries; the absence of specific rules about state administration in Islamic sources, the centralist and absolute power of caliph, the participation in the development of traditions that developed at that time, and the influence of western countries through colonialism in the Islamic world.
Proceedings of the 7th ASEAN Universities International Conference on Islamic Finance, 2019
The aim of this research is to examine the influence of the establishment of Islamic Finance and ... more The aim of this research is to examine the influence of the establishment of Islamic Finance and its impact in the Bangsamoro 1 as perceived by select Ulama and professionals in Lanao del Sur. The idea behind establishing Islamic Finance, is to remove riba and maysir and from Traditional Financing system without disturbing and dividing the society economy, and how the whole society is conducting financing business in a unified way. The mean purpose of this study is to comprehend that Islam Finance emphasizes fair and equitable distribution of resources and meeting the needs of economically weak people as part of piousness, dedication, worship and faith. It encourages its followers to relate their piety (Taqwa) with social realities. It persuades a person to share the blessings and bounties of Allah with others as a matter of obligation by declaring that Taqwa encompasses not only the love of Allah, but also the love of fellow human beings, who should be treated as part of an extended human family. This refers in a way to the need to study the economic aspects of mankind free from scamming and harming. The major finding and recommendation to the Bangsamoro: the establishment of Islamic Finance requires rulers and various regulators in the system to protect the common people from non-Shari'ah compliance, scam, harm and hardship caused by dishonest factors in society through strong and effective laws, and they should be respected in the sense of fulfillment of all socioeconomic rights. The parliamentary of Bangsamoro must also control institutional and other misconducts. .
This study aimed to find out the views of the Meranaw, Tausog and Maguindanaon who are Ulama and ... more This study aimed to find out the views of the Meranaw, Tausog and Maguindanaon who are Ulama and professionals in the enactment of expanded Islamic code of the Muslim Personal Law in the Bangsamoro Autonomous Region in Muslim Mindanao. The study was done through survey method by distributing questionnaire to 300 respondents. To determine the number of participants, purposive sampling technique was used in collecting the samples, and random sampling in selecting the number of respondents involved in the study. The major findings of the study showed that most of the respondents claimed that because of the absence of some of the Islamic laws in PD1083, it is hard for them to incorporate the true teachings of Islam in their field of work and expertise in relations to some of the issues and facts in PD 1083 which are un-Islamic. Being religious leaders, they have heavy burden of guilt as they think of the sin it is coupled in some of the provisions in the Code which have to be amended. I...
Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan
The rapid advancement of science, information technology, computers, and the internet has brought... more The rapid advancement of science, information technology, computers, and the internet has brought about significant changes that have greatly benefited human life. However, along with these advancements, new legal issues have emerged, particularly in the field of muamalah, specifically electronic commerce involving computer and internet technologies. This research explored the importance of collective (jama'i) ijtihad methods in the modern era. A normative legal approach was applied to ascertain the new legal arguments regarding the formulation of contemporary fiqh through the ijtihad jama’i method. This method plays a crucial role in shaping Islamic law to effectively address these emerging problems by involving experts in Islamic law, economics, information and communication technology, and other relevant fields. The results showed that ijtihad jama’i are more robust, closer to the truth, and help avoid conflicts than individual ijtihad.
INNOVATIO: Journal for Religious Innovation Studies, 2022
This research described the works of Faith-Based Leaders in the Bangsamoro 11 Autonomous Region i... more This research described the works of Faith-Based Leaders in the Bangsamoro 11 Autonomous Region in Muslim Mindanao (BARMM) on Islamic law principles for preventing and transforming violent extremism to understand good leadership misconceptions of Islamic teachings and misunderstanding about the meanings of Jihad. However, the contribution of Ulama to this issue was that they were the successors, mediators, reconcilers, ambassadors, and arbitrators of Islam against violent extremists. The objective of Islamic law was to protect the public interest, and human dignity, spread peace and development of society, and comprehend the wisdom behind the Islamic teachings towards community, which were peace, order, harmony, tolerance, compassion, moderation, and moderation justice. This study aimed to safeguard vulnerable young people and adults from the threat those face from extremist or radicalized views. It places a duty on public sector organizations to prevent people from being drawn towards such views and ensures that support is in place for vulnerable people. This study was an effort of the Technical Working Group (TWG) of Faith-Based Leaders headed and managed by Anwar Radiamoda, which United Nations Development UNDP supported. This study also was mainly quantitative and explanatory, and it deals with significant and analyses the concepts of Jihad in Islam and Islamic Law in achieving peace and civilization. This study also gave awareness and information to the youth, researchers, learners, and Muslim Faith-based leaders in Lanao del sur and the Bangsamoro. Part of the main recommendations was that the government recognize the role of faith-based leaders and Ulama in peacebuilding and development and institutionalize the madaris in our county in general; and the Muslim areas in particular.
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Papers by Anwar Radiamoda