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All Journal Jurnal Ilmu Hukum Tambun Bungai Sharia Economic and Management Business Journal (SEMBJ)
Rahmatullah
State Islamic University Sunan Kalijaga Yogyakarta
Religion Agriculture, Biological Sciences & Forestry Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Role of Islamic Law in the Formation and Interpretation of Positive Law: A Case Study of the Constitutional Court Rahmatullah; M. Fijar Ishlahul Ummah; Zezen Zainul Ali
Jurnal Ilmu Hukum Tambun Bungai Vol 10 No 1 (2025): June 2025
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v10i1.501

Abstract

This research discusses the role of Islamic law in the formation and interpretation of positive law in Indonesia through a study of the decisions of the Constitutional Court (MK). The main issue raised is the extent to which the principles of Islamic law are accommodated in the national legal system, especially in the process of legislation and judicial review. In a plural legal system like Indonesia, the existence of Islamic law is often faced with the challenge of harmonization with the constitution and the principles of human rights. Therefore, this study aims to examine how the values of Islamic law, such as justice, benefit, and protection of rights, are applied in the jurisprudence of the Constitutional Court and how the normative mechanism of absorption of these values into positive law. The research method used is normative qualitative with a juridical-constitutional approach and analysis of relevant Constitutional Court decisions. Data were obtained from literature studies, documentation of the Constitutional Court's decisions, as well as fiqh literature and Islamic legal theory. The analysis was conducted on sharia principles reflected in the Constitutional Court's decision, including aspects of maqāṣid al-syarī'ah. The results show that the Constitutional Court has selectively integrated Islamic legal values in various decisions, especially those concerning public morals, civil rights, and the Islamic economic system. Although Islamic law is not a formal source of national law, its values have substantially contributed to the formation of positive law and strengthened the ethical and justice dimensions of the Indonesian legal system.
Analysis of the Effectiveness of Halal Tourism Fatwas: A Study on Awareness, Implementation, and Impact in the Tourism Industry Rahmatullah; Abdul Mujib
Sharia Economic and Management Business Journal (SEMBJ) Vol. 7 No. 2 (2026): Sharia Economic and Management Business
Publisher : Yayasan Darussalam Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62159/sembj.v7i2.1930

Abstract

Background: This research aims to analyze the effectiveness of DSN-MUI Fatwa No. 108/DSN-MUI/X/2016 as a guideline for organizing tourism based on sharia principles, emphasizing three dimensions: (i) awareness among stakeholders, (ii) implementation in destination/industry practices, and (iii) economic and social impacts within the tourism industry. The analysis is situated within the context of Indonesia’s halal industry ecosystem, where halal certification is often understood as an instrument for enhancing consumer trust and competitive advantage, including in the tourism and culinary sectors. The research questions include: (1) to what extent is stakeholder awareness of fatwas and halal tourism indicators established; (2) what are the patterns of implementation and the barriers to implementation; and (3) what are the observed impacts on well-being, destination performance, and public acceptance. Method: The research method employs a qualitative-descriptive literature review based on thematic synthesis of empirical/conceptual studies related to fatwas, derivative regulations, halal certification, marketing, financing, and case studies of destination implementation across various regions. Results: The synthesis results indicate that the effectiveness of fatwas is uneven: fatwas generally function as normative references and ethical-service standards; however, the effectiveness of their implementation is influenced by the strength of positive regulations, institutional capacity, halal literacy/education, facility readiness, and social acceptance within the context of a diverse society. Conclusion: The study’s implications emphasize the need to strengthen governance (stakeholder collaboration), performance measurement based on indices/indicators, and education-communication strategies so that fatwa guidelines can be more operational and have a sustainable impact.
Co-Authors Abdul Mujib M. Fijar Ishlahul Ummah Zezen Zainul Ali