The Islamic Law-based design of regional head post-filling

Abstract

This research aims to elaborate on the standing of Islamic law regarding regional head post-filling and how this post-filling is designed to conform with the principle of Islamic law. This research employed mixed methods and statutory, conceptual, case, and normative-theological approaches. The research results reveal that Islam holds the principles that can be adopted into the constructions of the national law in the matter of regional head post-filling. In the time to come, this post-filling should conform to the principle of al muhafadhotu ala qodimis sholih wal akhdzu bil jadidil ashlah, in which this post-filling should refer to the applicable model coupled with the development of this model with an asymmetric post-filling system. With this approach, areas with direct regional head elections will face reduction. Consequently, the areas not eligible to establish direct elections should consider another election model.

Death penalty in Indonesia: between criminal law and Islamic law perspectives

“…The provision concerning the death penalty as in Law Number 1 of 2023 concerning the Penal Code which is designed for special sentencing and only for certain serious offences under selective and strict rules is considered appropriate, considering that this death penalty is the most severe punishment of all other types of punishment. This idea is consistent with the Islamic paradigm (Siboy et al, 2024), in which qishaash is administered when there are no other sentencing options available in the form of pardons capable of resolving the crimes punished by this sentence. This teaching shows that the concept of qishaash in Islam carries the dimension/priority of the interests of offenders as specified in Law Number 1 of 2023 concerning the Penal Code regarding the case of the modified death penalty (conditional death penalty) (Saputro et al, 2023).…”

Musyarakah Mutanaqisah: Strengthening Islamic Financing in Indonesia and Addressing Murabahah Vulnerabilities

“…Sharia banking in Indonesia has been dominated for decades by murabahah financing, both for short-and long-term financing, even though long-term murabahah financing are facing the risk of ever-changing price of funds. 38 The flexibility of musyarakah mutanaqisah financing in changing rent also allows it to minimize losses in the face of problem financing, such as those that occur in murabahah. Islamic banks in the face of problem financing must take strategic steps to minimize the occurrence of risks, either by rescheduling, converting contracts or selling collateral owned by customers.…”