Halu Oleo Law Review

A DESCRIPTIVE STUDY OF ISLAMIC HERITAGE: AN ANALYSIS OF THE THOUGHTS OF THE FOUR IMAM MADHHAB

Tue, 31 Mar 2026 00:00:00 +0000

Islamic inheritance law is a crucial component of Sharia that regulates the equitable distribution of wealth within the family. In practice, however, there are technical issues not detailed in the Qur'an or Hadith, specifically regarding the status of distant kindred (dzawil arham) and the mechanism for returning remaining inheritance (radd). The absence of specific nash (textual evidence) has triggered differences in ijtihad among the four madhhab imams. This study aims to examine the differences in the views of Imam Abu Hanifah, Imam Malik, Imam al-Shafi’i, and Imam Ahmad ibn Hanbal regarding these issues through an analysis of their legal methodological approaches. This research utilizes a qualitative approach with a descriptive-analytical library research design. The research procedure was conducted by collecting, reviewing, and deeply examining various relevant written literatures. The results indicate that Hanafi and Hanbali tend to grant the inheritance right to dzawil arham if there is no main heir, while Maliki and Syafi’i prever to leave in to Baitul Mal. Regarding the concept of radd, The Hanafi and Hanbali apply the radd concept, prioritizing family ties so that wealth remains within the family. Meanwhile, the Maliki and Syafi’i prefer to do not accept the concept of radd and give the remaining assets to Baitul Mal for public benefit. These differences in ijtihad demonstrate the richness of Islamic law in providing solutions to family matters. Despite differing methods, all four madhhabs share the common goal of ensuring equitable inheritance that benefits both family and wider community.

Dilema Hukum dan Etika Lingkungan dalam Industri Alumina Studi Kasus PT Bintan Alumina Indonesia

Dilla Sahilla — Tue, 31 Mar 2026 00:00:00 +0000

Mineral downstreaming is a strategic policy of Indonesia to increase the added value of natural resources, one of which is through the development of the bauxite processing industry into alumina. PT Bintan Alumina Indonesia (PT BAI), which operates in the Galang Batang Special Economic Zone, Bintan Regency, is a national strategic project that contributes to economic growth and job creation. However, this industrial activity also raises various environmental, legal, and ethical issues, particularly regarding its impact on coastal ecosystems and surrounding communities. This study aims to analyze the legal and environmental ethical dilemmas in PT BAI's operations by examining compliance with environmental regulations and the application of the principles of environmental responsibility and justice. This study uses a qualitative method with a case study approach and is normative in nature through the analysis of secondary data in the form of laws and regulations, scientific literature, company documents, media reports, and publications from non-governmental organizations. The results of the study show that there is tension between industrial development interests and environmental protection obligations. Although industrial activities have obtained permits, the various environmental impacts felt by the community indicate weak supervision and enforcement of environmental laws. From an environmental ethics perspective, this condition reflects ecological injustice that has the potential to harm coastal communities and future generations.

The Principle of Proportionality in Islamic Inheritance Law: A Hermeneutical Analysis of Fazlur Rahman’s Double Movement Approach to Inheritance Distribution

Tue, 31 Mar 2026 00:00:00 +0000

This article examines the problem of justice in Islamic inheritance distribution, particularly the 2:1 formula between men and women, which in contemporary social realities is often considered no longer reflective of substantive justice. Significant changes in the social and economic structures of Indonesian Muslim society such as the increasing role of women as primary breadwinners and heads of households necessitate a re-reading of Islamic inheritance norms that have traditionally been understood in a strictly textual manner. The central issue of this study concerns how the principle of proportionality can be formulated and applied in Islamic inheritance law through Fazlur Rahman’s Double Movement hermeneutics, as well as its relevance to inheritance practices in Indonesia, especially within the Religious Courts. This research employs a normative juridical method with a conceptual approach and a literature review. Data are obtained from books, scholarly journals, and legal literature on inheritance as well as Fazlur Rahman’s thought. The analysis is conducted deductively, using the Double Movement theory as an analytical framework to uncover the universal moral objectives of the Qur’an and to contextualize them within contemporary social realities. The findings indicate that Fazlur Rahman’s Double Movement hermeneutics provides a strong methodological foundation for understanding inheritance verses dynamically by emphasizing Qur’anic moral values such as justice, egalitarianism, and public welfare (maṣlaḥah). The principle of proportionality in Islamic inheritance is understood as a distributive guideline that considers the balance between rights, obligations, economic contributions, and the social conditions of the heirs, rather than mere mathematical equality. This study affirms that the principle of proportionality is relevant to inheritance practices in Indonesia and can complement the principle of balanced justice contained in Book II of the Technical and Administrative Guidelines for the Religious Courts, as part of efforts to reform Islamic inheritance law in a manner that is more just, contextual, and responsive to the social dynamics of Indonesian Muslim society.

Penyelesaian Kasus Kesusilaan Melalui Hukum Adat Dayak : Studi Putusan Di Kecamatan Parenggean Kabupaten Kotawaringin Timur

Muhamad Siregar, Surya Sukti, Reza Noor Ihsan — Tue, 31 Mar 2026 00:00:00 +0000

Penelitian ini mengkaji peran lembaga adat Dayak dalam menangani kasus asusila di Kecamatan Parenggean, Kabupaten Kotawaringin Timur. Perbuatan asusila tidak hanya dipandang sebagai pelanggaran terhadap individu, tetapi juga sebagai tindakan yang mengganggu keharmonisan sosial dan nilai-nilai adat masyarakat. Tujuan penulisan ini adalah untuk menganalisis peran, mekanisme, dan kewenangan lembaga adat Dayak dalam penyelesaian kasus asusila. Metode penelitian yang digunakan adalah empiris-normatif dengan pendekatan sosiologis terhadap hukum, yang memadukan data lapangan melalui wawancara dan observasi dengan analisis bahan hukum secara normatif. Hasil penelitian menunjukkan bahwa lembaga adat Dayak masih berperan aktif dan efektif dalam menangani kasus asusila melalui musyawarah, mediasi, serta pemberian sanksi adat yang berorientasi pada pemulihan hubungan sosial. Penyelesaian tersebut mencerminkan penerapan keadilan restoratif berbasis kearifan lokal. Kebaruan penelitian ini terletak pada penegasan bahwa mekanisme hukum adat tetap relevan dan memiliki legitimasi sosial dalam sistem hukum yang pluralistik. Penelitian ini diharapkan memberikan kontribusi bagi penguatan peran lembaga adat dalam menjaga ketertiban dan keharmonisan masyarakat.

Realizing the Existence of AI and the Dilemma in Criminal Law Reform: Based on René Descartes’

Marthsian Yeksi Anakotta, Aprikiansa Andi' Padang — Tue, 31 Mar 2026 00:00:00 +0000

This article aims to review the issue of realizing the existence of artificial intelligence (AI) and the dilemma in criminal law reform. I am of the view that realizing the existence of AI is a dilemma in criminal law reform for the future. So this article tries to explain the important role of humans in realizing the existence of AI, which can influence considerations and decision-making in making criminal law policies. The creation of criminal law is related to three basic problems: namely, criminal acts, criminal liability, and punishment. This problem is studied using conceptual approach and secondary data obtained from various literature in the fields of criminal law, Rene Descartes’ thought on ethics, and the development of artificial intelligence. The result is that currently, the existence of AI can be realized as an entity that has a body without a soul (spirit). Such existence presents a dilemma in criminal law reform, the relationship between AI and the concept of criminal acts, criminal liability, and punishment.