Syabbul Bachri
@uin-malang.ac.id
Sharia Faculty
Maulana Malik Ibrahim Malang State Islamic University of Malang
Scopus Publications
Scholar Citations
Scholar h-index
Scholar i10-index
Scopus Publications
Khoirul Hidayah, Umaiyatus Syarifah, Muhammad Muhammad, Syabbul Bachri, and Roibin Roibin
Universitas Islam Negeri Ar-Raniry
Majapahit Java has customary law, namely rules prohibiting "kembar manten" marriages, namely two bride and groom couples marrying at the same time, and the walimah party is held together with the symbol 'kuwade' in one 'terop'. This study employs empirical legal methodologies, incorporating a phenomenological and anthropological approach. Meanwhile, the analytical tools encompass notions related to natural law, justice, and the anthropology of Islamic law. The collection of primary data was conducted through interviews of traditional authorities, religious leaders, knowledgeable individuals in the customary laws, and marriage practitioners who perform 'Kembar Manten' marriages in Mojokerto. The examination was conducted utilizing Thomas Aquinas' theory of natural law and justice, joining with the anthropology of Islamic law. In order to achieve justice in the natural law, it is necessary to have a policy and proportionality when making the walimah ursy, which is specifically created for a single wedding pair. In the field of the Islamic law anthropology, the 'Kembar Manten' refer to customs and customary laws that are regarded obligatory and advantageous. They are intended to promote the welfare of both the bride and groom's families. Neither the Qur’an nor the Hadith provide any instructions suggesting that the walimah ursy is meant for more than one couple during a single walimah. The ban of 'Kembar Manten' in the framework of Islamic legal anthropology is a customary practice within the community aimed at achieving well-being and security. Provided that the rules are designed to promote goodness and safety, it is imperative to preserve the values of local wisdom rules as a valuable cultural heritage of the nation. This article aims to enhance understanding of the customary law and local wisdom values in the Indonesian marital law.
Dwi Fidhayanti, Mohd Shahid Mohd Noh, Ramadhita Ramadhita, and Syabbul Bachri
F1000 Research Ltd
The rapid growth of Islamic fintech in Indonesia necessitates a comprehensive examination of the policy and regulatory framework from a legal perspective. This study explores the legal landscape of Islamic fintech in Indonesia, analyzing the current policies and regulations governing this emerging sector. Using normative legal research with a statutory approach and conceptual approach. The primary and secondary legal materials, including government reports and scholarly articles, this research evaluates recent policy developments and regulatory initiatives supporting Islamic fintech. It identifies gaps and areas for improvement, drawing from best practices and regulatory approaches adopted by other countries with successful Islamic fintech ecosystems. Based on the findings, this research proposes recommendations to enhance the policy and regulatory framework. These include collaboration between regulatory bodies and industry stakeholders, tailored licensing frameworks, enhanced consumer protection mechanisms, and promotion of innovation in Shariah-compliant financial products and services. This study contributes to understanding the legal landscape of Islamic fintech in Indonesia, offering a comprehensive analysis of existing policies and regulations. By addressing challenges and proposing solutions, it aims to facilitate the growth of Islamic fintech and foster an inclusive and sustainable financial ecosystem in Indonesia.
Sudirman Sudirman, Ramadhita Ramadhita, Syabbul Bachri, and Büşra Nur Duran
Universitas Muhammadiyah Malang
Child marriage in the digital era is an interesting fact because this type of marriage is classified as sexual violence. However, child marriage is very common in Indonesia because of many factors. Child marriage in the digital era is known to have triggered many problems, such as reproductive health problems, domestic violence, and divorce. However, considering child marriage as a criminal offense of sexual violence (TPKS) as stated in Law Number 12 of 2022, is unwise. Departing from this issue, this research identifies three reasons why child marriage cannot be categorized as sexual violence in the digital era. The results of this paper show that child marriage in Indonesia is inevitable due to three main arguments: Islamic teachings permit child marriage, the high number of marriage dispensations, and the TPKS Law focuses more on protecting women, not the spouses of child marriage perpetrators. Another cause of child marriage is poor education in the digital era, coupled with poor understanding of the importance of self-protection from promiscuity in the digital era among community members. Education on gender equality and reproduction also has not been properly applied. Finally, marriage guidance for teenagers and prospective brides in the digital era has not been implemented yet.
Fauzan Zenrif and Syabbul Bachri
Maulana Malik Ibrahim State Islamic University
This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book "Quran and Women" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.
Khoirul Hidayah, Mohd Halim Mahphoth, Syabbul Bachri, and Ramadhita
Informa UK Limited
Abstract Food security has become a global issue for the Food Agriculture Organization. A country plays an active role in actualizing food sustainability. The concept of a welfare state requires a country to be competent in realizing people’s prosperity. The discussion of Malaysian agricultural policies for objectifying the welfare state has drawn attention because it strengthens food security. This study is based on empirical research that uses a descriptive qualitative approach. The primary data are from interviews with the Federal Agricultural Marketing Authority (FAMA) officials and the secondary data are from Malaysian policy documentation. These were then analyzed qualitatively using the welfare state theory. The article shows that Malaysia made agricultural policies comprehensively by strengthening regulations, funding, and supervising to morally support farmers, so they were motivated to advance the economic sector voluntarily. Malaysian agricultural policies to help farmers actualize the state’s dream of becoming a welfare state. The Malaysian government’s involvement in providing a supervising program, funding, and legal certainty regarding crops’ basic prices became a transformational power of the agricultural sector. The success of the Malaysian agricultural sector is a valuable lesson for the independent economy and food security reinforcement of others, specifically in Southeast Asia, which has similar geographic characteristics.
Ramadhita Ramadhita, Mahrus Ali, and Bachri Syabbul
Informa UK Limited
Ramadhita Ramadhita, Sudirman Sudirman, and Syabbul Bachri
STAIN Curup
The Covid-19 pandemic brought significant changes in human social life. One of the most affected sectors is the economy. One of the financial institutions that can be used to alleviate poverty is zakat. This article aims to describe the utilization of zakat in East Java province and analyze it using the principles of Maqashid Sharia. This article is based on empirical research using a conceptual approach. Primary data was generated from interviews with Badan Amil Zakat East Java, Yayasan Dana Sosial Al-Falah Malang, Nurul Hayat Malang, and Baitul Mal Hidayatullah Malang. This study shows that zakat management institutions have distributed productive zakat. There are three models of the productive distribution of zakat: the provision of Business Capital, Revolving Funds, and scholarships. Productive management of zakat can be maximized through mentoring and monitoring the program. Assistance to mustahiq beneficiaries can improve the quality of religious knowledge, reason, and economic income as stated in maqashid syariah.
Sudirman Sudirman, Irwan Abdullah, Saifuddin Zuhri Qudsy, Fakhruddin Fakhruddin, and Syabbul Bachri
Maulana Malik Ibrahim State Islamic University
Abstract:Waqf land (donated land) is a property for people’s welfare that has not been remarkably managed in Indonesia. Poor administration and regulation of the waqf system cause dysfunction of this Muslim's most extensive resource. The waqf studies usually focus on issues around the misuse of waqf land, the swapping of waqf land, or the strategy for managing productive waqf land. Research on the disorganization of the waqf land remains unnoticed by researchers. This study complements previous writings' shortcomings by examining the patterns of waqf land disorganization and its consequences for the Muslims, including the waqf's low productivity, the waqf land position as a disputed source, and the waqf land as a lost-risk Muslim property. This study is empirical waqf research with interviews as the primary data and documents from online news website sources as the secondary data. This study indicates that the disorganization of waqf land is not only due to the absence of an administrative system and a lack of institutional commitment to waqf management. It is also rooted in Muslims' cosmological structure, who believe that waqf is the doer's afterlife savings. This belief resulted in the neglect of the waqf administration process, which led to the dysfunction of the community's resources. This study suggests further research on the contemporary waqf with its variants and waqf's practice from the doers’ and the managers' perspective to more comprehensively portray the problem of waqf land disorganization.Keywords: resource dysfunction; disorganization; waqf land; nazhir.Abstrak:Wakaf merupakan properti sumber kesejahteraan umat yang belum dikelola secara serius. Sistem administrasi dan regulasi wakaf yang buruk menyebabkan disfungsi sumber daya terbesar umat. Sejauh ini kajian wakaf terfokus pada isu sekitar penyalahgunaan tanah wakaf, tukar-guling tanah wakaf, atau strategi pengelolaan tanah wakaf produktif. Kajian seputar disorganisasi tanah wakaf masih luput dari perhatian para peneliti. Studi ini melengkapi kekurangan pelbagai tulisan terdahulu dengan mengkaji secara rinci pola disorganisasi tanah wakaf dan akibatnya bagi umat meliputi produktifitas wakaf yang masih dinilai rendah, posisi tanah wakaf sebagai sumber sengketa, dan tanah wakaf sebagai muslim property yang berisiko hilang. Kajian ini termasuk studi wakaf empiris dengan data primer dalam bentuk wawancara dan data sekunder yang diperoleh melalui dokumen dari sumber website berita online. Hasil studi ini menunjukkan bahwa disorganisasi tanah wakaf bukan hanya tidak tersedianya sistem administrasi dan rendahnya komitmen kelembagaan dalam pengelolaan wakaf, namun ternyata mengakar dalam sistem kosmologi kaum muslim yang meyakini wakaf sebagai tabungan akherat bagi wakif. Hal ini mengakibatkan pengabaian proses administrasi wakaf yang pada akhirnya menyebabkan disfungsi sumberdaya umat. Studi ini menyarankan penelitian lanjutan tentang wakaf kontemporer dengan berbagai variannya dan praktik wakaf perspektif wakif-nazhir untuk memotret problem disorganisasi tanah wakaf secara lebih komprehensif.Kata Kunci: Disfungsi sumber daya; disorganisasi; wakaf tanah; nazhir.
Sudirman Sudirman, Ramadhita Ramadhita, and Syabbul Bachri
Maulana Malik Ibrahim State Islamic University
COVID-19 has brought significant changes in people’s lives, especially in the economic sector. As a financial tool for the people, Zakat is expected to be a source of community welfare in the pandemic era. Well-managed zakat is expected to be able to provide jobs for the affected community. This article aims to describe the revitalization of productive zakat in zakat management institutions in East Java during the COVID-19 pandemic. It is a juridical-empirical research. The study’s primary data were the results of semi-structured interviews with the Zakat Managers at BAZNAS East Java, Nurul Hayat Malang, and YDSF Malang. This study indicates that the mentioned zakat institutions have distributed zakat productively, although it has not run optimally. The problems include the lack of understanding and assistance, as well as the less varied productive zakat program. This will be easily overcome by managing productive zakat professionally involving partner institutions that are consistent in mentoring and development. This article may enrich the literature of productive zakat management and provide some recommendations to implement the zakat management more effective.COVID-19 membawa perubahan signifikan dalam kehidupan masyarakat, khususnya di sektor ekonomi. Zakat sebagai piranti keuangan umat diharapkan mampu menjadi sumber kesejahteraan masyarakat di era pandemi. Zakat yang dikelola secara produktif diharapkan mampu menyediakan lapangan pekerjaan bagi masyarakat yang terdampak. Artikel ini bertujuan mendeskripsikan revitalisasi zakat produktif di institusi pengelola zakat di Jawa Timur pada masa pandemi COVID-19. Artikel ini berdasarkan hasil penelitian yuridis-empiris. Data primer penelitian adalah hasil wawancara dengan para manajer zakat di BAZNAS Jawa Timur, Nurul Hayat Malang, and YDSF Malang. Studi ini menunjukkan bahwa lembaga zakat yang disebutkan telah mendistribusikan zakat secara produktif, meskipun belum berjalan secara maksimal. Persoalan yang dihadapi antara lain adalah lemahnya pemahaman dan rendahnya pendampingan, serta program zakat produktif yang kurang variatif. Hal tersebut akan mudah diatasi dengan pengelolaan zakat produktif secara profesional yang melibatkan lembaga mitra yang konsisten dalam pendampingan dan pengembangan. Artikel ini dapat memperkaya literatur pengelolaan zakat produktif dan memberikan beberapa rekomendasi untuk melaksanakan pengelolaan zakat secara lebih efektif.
Sudirman Sudirman, Ramadhita Ramadhita, Syabbul Bachri, Erfaniah Zuhriah, and Zaenul Mahmudi
Universitas Islam Negeri Ar-Raniry
The COVID-19 pandemic has reduced family functions. During the COVID-19 pandemic, Indonesian families face three significant problems: distanced-family relations; neglected family education; and unequal socio-economic situation. This paper aims at explaining these three fundamental changes in family institutions. Besides, this paper identifies the factors that lead to family dysfunction. This article also offers concrete solutions to restore the lose of families function due to the COVID-19, i.e. the formation of a Family Corner. This research is a normative study using a critical, descriptive analysis method by presenting data from various literature and document sources. The latest data supported by several recent studies are described in detail in this paper. This research shows that post-pandemic family functions’ revitalization can be started by preparing a strong husband and wife’s emotional maturity.In addition, it is necessary to assist in communication and financial management of the family. Furthermore, revitalization will be successful if job opportunities are opened as widely as possible with incentive funds from the government and philanthropic institutions. Finally, the resolution and anticipation of natural disasters can be anticipated and resolved as quickly as possible. One of the effective ways for family revitalization is by establishing a Family Corner at each smallest unit of the society (Rukun Tetangga and Rukun Warga). Further research on this issue can be conducted through interviews with some informants who have experienced changes family lifestyle during the COVID-19 pandemic and mapping their hopes post pandemic period.
Syabbul Bachri
STAIN Curup
This study intends to analyze the hermeneutics of Ibn Abbas on the verses of inheritance in the Koran and their implications for the Islamic inheritance model. This research is a juridical normative study using content analysis and conceptual approaches. The results of research on Ibn Abbas's hermeneutics show that: first, daughters get a 2/3 portion if they are three or more in quantity. Second, in the case of gharawayn , the mother gets 1/3 of all inheritance not 1/3 of the remaining. Third, brothers or sisters can prevent the mother from getting 1/3 into 1/6 if they are 3 or more in quantity. Fourth, the grandfather has the same position as the father absolutely when the father died first. Fifth, the word " walad " refers to children generally, both male and female. Sixth, kalalah is interpreted as a person who dies without having children and parents. The word "children" includes boys and girls while parents include father and grandfather. Seventh, there is no 'aul in Islamic inheritance based on the logical thought that there can be no division of inheritance exceeding the amount of the inheritance itself.