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Journal : SASI

Sharia Economic Law Regulation In Indonesia And Malaysia: Implementation And Challenges Khotimah, Umi Khusnul
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2312

Abstract

Introduction: This article explores the implementation and regulatory challenges of Sharia economic law in Indonesia and Malaysia, two key players in Islamic finance. Both countries have integrated Islamic principles into their economic frameworks, but their approaches differ due to legal, historical, and political factors.Purposes of the Research:  The purpose of this article is to analyze and compare the regulatory frameworks governing Sharia economic law in Indonesia and Malaysia. It aims to highlight both the successes and obstacles in implementation, while offering potential recommendations for improvement.Methods of the Research: This study employs a comparative legal research methodology, analyzing primary legal sources such as laws, regulations, and official guidelines from Indonesia and Malaysia. Secondary sources, including academic articles and government publications, provide context for understanding how these frameworks are implemented.Results of the Research: The research finds that Malaysia’s centralized regulatory system, led by the Sharia Advisory Council (SAC), provides clear guidelines for Sharia-compliant financial products. In contrast, Indonesia’s regulatory framework is more fragmented, with overlapping responsibilities between institutions, creating challenges for effective implementation.
The Law of Gender Justice in Digital Inheritance Distribution: A Fiqh Perspective on Crypto Assets and Non-Fungible Tokens in Dubai Khotimah, Umi Khusnul
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2929

Abstract

Introduction: The rapid development of digital technology has introduced new challenges in the practice of inheritance distribution, particularly concerning digital assets such as cryptocurrency and NFTs.Purposes of the Research: This study aims to explore gender justice in the distribution of digital inheritance, focusing on the Islamic fiqh perspective toward cryptocurrency and NFTs assets in Dubai.Methods of the Research: Using a qualitative approach, the research analyzes fiqh texts, existing regulations, and real-life cases related to digital inheritance. Data were collected through document analysis, case studies, and expert interviews involving Islamic scholars and digital asset practitioners in Dubai.Results of the Research: The findings reveal that digital inheritance, characterized by unique properties such as anonymity and the need for secure access, presents significant challenges in ensuring fair distribution, especially for women. The study highlights cultural and technological barriers that limit women’s access to digital inheritance, despite their growing economic contributions. The novelty of this research lies in proposing a contemporary fiqh framework that integrates traditional Islamic principles with modern technological solutions such as blockchain, aiming to ensure transparency and fairness in inheritance distribution. By addressing the gender gap in digital inheritance, this research contributes to the development of equitable and practical fiqh guidelines for Muslim communities in the digital era.