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All Journal Ahkam: Jurnal Ilmu Syariah Jurnal Civics: Media Kajian Kewarganegaraan Interaktif: Jurnal Ilmu-Ilmu Sosial Arena Hukum Walisongo: Jurnal Penelitian Sosial Keagamaan Sebatik Waskita: Jurnal Pendidikan Nilai dan Pembangunan Karakter Jurnal Abdidas International Journal of Social Science and Religion (IJSSR) International Journal of Educational Management and Innovation (IJEMI) YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Journal of International Islamic Law, Human Right and Public Policy International Journal of Education and Learning
Nur Chanifah
Universitas Brawijaya
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Public Health Social Sciences Other

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UNILATERAL CANCELLATION OF SHARIA INSURANCE POLICIES: JUDICIAL ANALYSIS FROM MAQASHID SHARIA PERSPECTIVE Vidya Nurchaliza; Nur Chanifah; Siti Rohmah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4519

Abstract

This research analyzes the judicial considerations in Court Decision Number 2030/Pdt.G/2024/PA.JS concerning unilateral cancellation of sharia insurance policies from a maqashid sharia perspective. The Islamic finance industry in Indonesia has experienced rapid growth, particularly in the sharia insurance sector. However, policy cancellation practices often create imbalances between insurance companies and policyholders. Article 251 of the Commercial Code (KUHD), which previously regulated unilateral cancellation rights, was revoked by Constitutional Court Decision Number 83/PUU-XXII/2024, creating a legal vacuum. Using a normative juridical approach with statute, case, and conceptual approaches, this study examines primary legal materials including legislation, court decisions, and DSN-MUI fatwas, as well as secondary materials from legal literature and journals. The research reveals that judicial considerations in the analyzed decision reflect efforts to harmonize positive law with maqashid sharia principles, emphasizing the importance of distinguishing between intentional and unintentional violations in accordance with Islamic justice principles. The study proposes a cancellation mechanism based on maqashid sharia incorporating violation classification, proportional sanctions, clarification opportunities, transparent procedures, and sharia-based alternative dispute resolution. This mechanism aims to realize the principles of hifzh al-mal (property protection), 'adl (justice), tawazun (balance), and maslahah 'ammah (general welfare) in sharia insurance practices
EXCESSIVE DEBT COLLECTION BY CESSIONARIES IN ISLAMIC FINANCE DISPUTES: SUBSTANTIVE JUSTICE AND SHARIA ECONOMIC LAW ANALYSIS Muhammad Rakhmat Alam; M. Hamidi Masykur; Nur Chanifah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4857

Abstract

The assignment of receivables (Cessie) acts as a strategic mechanism for Islamic Financial Institutions (IFIs) to manage Non-Performing Financing (NPF) and sustain liquidity. However, a significant juridical anomaly has emerged in Indonesia where the third-party assignee (Cessionary), often an unregulated individual investor, collects debts from the debtor (Cessus) at a value significantly exceeding the nominal outstanding value stated in the Cessie deed (over-collecting). This practice frequently involves capitalizing fines and imposing unilateral fees, thereby violating Sharia principles. This research rigorously analyzes the juridical validity of such excessive collection practices from the dual perspectives of Substantive Justice and Sharia Economic Law. Employing a normative legal research method with statute, conceptual, comparative, and case approaches, this study examines the stark disparity in religious court decisions and compares regulations across jurisdictions, including Indonesia, Malaysia, Kuwait, and Egypt. The findings reveal that over-collecting fundamentally violates the civil law principle of Nemo Plus Juris Ad Alium Transferre Potest Quam Ipse Habet and the Sharia prohibition of Riba (usury) and Zhulm (oppression). Through the lens of John Rawls’ theory, it breaches the Difference Principle by exacerbating the plight of the debtor as the least advantaged party. Consequently, such actions are legally void. The study recommends a regulatory formulation through the Financial Services Authority (OJK) by establishing a specific "Capping Rule" on collection rights and urges the issuance of a specific DSN-MUI Fatwa to regulate Sharia-compliant Cessie..
SANCTIONS ON MUZAKKI IN THE COMPILATION OF SHARIA ECONOMIC LAW IN THE REVIEW OF MAQASHID SYARIAH JASSER AUDA Dzaky Adam Thamrin; Nur Chanifah; Siti Rohmah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21212054

Abstract

This research is based on the existence of Article 684 of the Supreme Court Regulation (Perma) Number 2 of 2008 concerning the Compilation of Sharia Economic Law (KHES) which regulates sanctions for muzakki who do not pay zakat, this provision is not implemented in practice. This condition indicates the incompleteness of the regulation of zakat sanctions resulting in its implementation in Indonesia tending to be understood as a voluntary moral obligation. This phenomenon is reviewed using the framework of the six elements of maqashid sharia proposed by Jasser Auda, namely cognitions, holism, openness and self-renewal, interrelated hierarchy, multi-dimensionality, and purposefulness which are the measures of benefit in Islamic law. The aim is to reveal the problems that exist in the regulation of sanctions for muzakki in Article 684 KHES so that the regulation is not implemented. The method used in this normative legal research is a statutory approach and analyzed descriptively analytically. The results of this study indicate that there are deficiencies in the rules of sanctions for muzakki who do not pay zakat in Article 684 of the KHES, so that the article cannot be implemented. Among them are the inconsistency of norms with fiqh, unfair imposition of sanctions, traditions of how to pay zakat which are factors in the inability of sanctions to be implemented, incomplete formal legal rules in enforcing zakat sanctions, inconsistencies with existing legal realities, ambiguity in the composition of articles which causes confusion in interpreting articles, as well as the non-recognition of KHES sanctions in the hierarchy of laws and regulations, and the unavailability of adequate formal law to realize the benefit.
Measuring The Role of Science as Basis of Student Character Development in Islamic Education Learning Nur Chanifah
International Journal of Education and Learning Vol. 1 No. 2 (2025): Desember 2025
Publisher : Badan Usaha Milik Desa Berkaho Pungpungan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64084/ijel.v1i2.103

Abstract

The purpose of this study is to analyze the role of science as the basis for student character formation in Islamic Religious Education (PAI) learning. This study is important to carry out considering that the problem of the nation's moral deterioration is getting heavier. There are many cases of sexual violence, narcotics abuse, plagiarism, and others. Islamic Religious Education is one of the subjects that plays a role in shaping student character. For this reason, there needs to be improvements and improvement in the quality of teaching. One way is to use science as an approach to spreading Islamic Religious Education. The method used is a literature review by reviewing several relevant literature. Data processing techniques with three stages, namely editing, classifying, and concluding. Meanwhile, the analysis uses content analysis. The results of the study show that to form the character of students, science plays a role as the basis or learning approach of Islamic Religious Education. In science, there are several aspects that can be used to build morals or character, such as observing/observing, classifying, communicating, measuring, predicting, and making inferences, analyzing, conducting investigations, and conducting experiments. From this process, students practice with scientific attitudes such as logical and sequential thinking (systematic), creative, innovative, rich in inspiration, and sportsmanship
ANALYSIS OF SMART CONTRACT IN DECENTRALIZED FINANCE (DEFI) FROM THE PERSPECTIVE OF FIQH MUAMALAH AND MAQĀṢID AL-SHARĪ‘AH Fanidio Muhammad Ariq Sugiarto; Nur Chanifah; Siti Rohmah
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20751006

Abstract

The rapid development of blockchain technology has introduced smart contracts as automated digital agreements widely used in the Decentralized Finance (DeFi) ecosystem. These contracts operate without intermediaries and execute transactions based on algorithmic conditions, creating new legal and sharia implications. This study aims to analyze the validity of smart contracts as akad (contracts) within the framework of fiqh muamalah and to formulate regulatory needs based on maqāṣid al-sharī‘ah and positive law. This research uses normative juridical methods with statutory, conceptual, and sharia approaches by examining legal doctrines, regulations, and Islamic jurisprudence principles. The results show that smart contracts can qualify as valid akad if pillars and conditions of contract are fulfilled, including parties, consent, object, and lawful purpose, although digital consent and automated execution require interpretative expansion. From the maqāṣid perspective, smart contracts potentially support protection of wealth (ḥifẓ al-māl), transparency, and efficiency, but also pose gharar and risk if coding errors and regulatory gaps exist. Therefore, integrative regulation and sharia compliance standards are necessary to ensure legal certainty and maslahah in DeFi transactions.
Halal Certification of Cryptocurrency: A Framework for Strengthening Trust in Shariah-Compliant Digital Finance Muchammad Aqib Junaidi; Reka Dewantara; Nur Chanifah
International Journal of Social Science and Religion (IJSSR) 2025: Volume 6 Issue 3
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v6i3.382

Abstract

Cryptocurrency has emerged as a significant global innovation that continues to stimulate debates regarding its permissibility within the framework of Islamic finance. This study examines Islamic legal perspectives on cryptocurrency by analyzing contemporary fatwas, academic discussions, and authoritative literature in the fields of ushul fiqh and Islamic economics. Using a qualitative descriptive method, the research identifies key legal considerations such as the presence of gharar, maysir, and riba, which determine the Shariah status of digital assets. The findings reveal that, in principle, cryptocurrency may be considered halal as a digital asset when it has straightforward utility, is transparent, and used for lawful economic activities. Several scholars view cryptocurrency as permissible when supported by reliable technology, adequate regulatory structures, and mechanisms that prevent fraud and speculation. Conversely, other scholars classify it as haram due to its extreme price volatility, speculative trading practices, lack of tangible underlying value, and inadequate regulatory oversight in many jurisdictions. To bridge these differing views, the study proposes developing Shariah-based assessment frameworks and halal certification mechanisms to provide greater legal clarity for Muslim investors. Furthermore, it underscores the urgent need for stronger regulatory policies and the advancement of Shariah-compliant blockchain systems that ensure ethical, transparent, and stable digital financial transactions.
THE JUST REGULATION OF IMMATERIAL LOSSES IN SHARIA ECONOMIC DISPUTES: RECONSTRUCTION OF TA'WID BASED ON MAQASID AL-SYARI'AH Tiya Ulfa; Sukarmi; Nur Chanifah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examines the regulation of immaterial losses in sharia economic disputes and proposes a reconstruction through maqashid al-syariah as an analytical tool. The normative basis for compensation has been recognized through the concepts of ta'wid and daman in the Compilation of Sharia Economic Law (KHES) and the DSN-MUI fatwa, but this formulation stops at the principle and interprets "real losses" primarily as nominal costs. This study uses normative legal research methods with statutory, conceptual, and historical approaches. The first finding shows that a narrow reading of the term "real" is not a neutral stance, but rather creates a double maqashid deficit: on the one hand, the law only restores hifz al-mal and ignores hifz al-nafs , hifz al-'aql , and hifz al-'ird ; on the other hand, the lack of norms encourages judges to borrow general civil law without a sharia filter, thereby opening up the risk of gharar and unlawful enrichment. The second finding offers an ideal regulatory model that redefines “real” functionally, recognizes immaterial losses in a limited and measurable manner within the paradigm of recovery ( jabr al-darar ), maps four categories of losses to the maqashid they protect, establishes thresholds based on the hierarchy of darurriyyat–hajiyyat–tashiniyyat and the principle of proportionality, and designs layered evidence and guided discretion. The novelty of this article lies in providing an operative framework for immaterial losses guided by maqashid, which has not been provided by KHES, fatwas, or previous studies. The most realistic update is carried out through strengthening KHES within the framework of PERMA, affirmation of DSN-MUI, and the Supreme Court's technical guidelines for Religious Court judges.
Beyond the 'official' religions: A normative framework for religious recognition in Indonesia Iman Pasu Purba; Thohir Luth; Tunggul Anshari Setia Negara; Nur Chanifah
Jurnal Civics: Media Kajian Kewarganegaraan Vol. 23 No. 1 (2026)
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/jc.v23i1.95572

Abstract

The regulation of religious recognition in Indonesia remains problematic to this day. Research on the regulation of religious recognition has not been conducted to date. As a country with diverse religions, Indonesia faces unique challenges in managing religious life for substantive citizenship. The terminology of "recognised" and "unrecognised" religions, as well as "official" and "unofficial" religions, is one of the factors that hinder the fulfilment of the right to religious freedom for Indonesian citizens. The regulation of religious recognition in Indonesia must address significant legal issues to achieve justice and legal certainty. Inclusive reforms, policy harmonisation, and stronger enforcement mechanisms are essential to ensure that all religious groups are treated equally under the law. These efforts must align with both constitutional principles and international human rights standards to uphold justice and legal certainty in the recognition of religion. Religious recognition must be in line with the spirit of the Indonesian nation, which upholds respect for human dignity, guarantees freedom of religion and belief, and upholds equality, non-discrimination, justice, and legal certainty. This paper is the result of normative research on the regulation of religious life in Indonesia, particularly regarding the recognition of religions in the country. The study concludes that, to date, there is no comprehensive regulation regarding the recognition of religions in Indonesia. Therefore, in the future, the formulation of such regulations is an urgent necessity. The regulation of religious recognition must prioritise the principles of equality, justice, and legal certainty. Indonesia needs fair religious recognition and legal certainty based on Pancasila
Bank Precautionary Principles Against Fraud In Ijarah Muntahiya Bit Tamlik Agreements Jasmine Sarah Nabilla; Nur Chanifah; Letizia Dessy Andreassari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.358

Abstract

The development of financing products in Islamic banking in Indonesia has encouraged the use of various contracts that comply with Sharia principles, including the Ijarah Muntahiya Bit Tamlik (IMBT) contract. IMBT combines a leasing mechanism (ijarah) with the transfer of asset ownership to the customer at the end of the contract period. This financing model is widely used because it provides flexibility for customers while remaining compliant with Islamic principles. However, the IMBT contract structure involves two stages of transactions leasing and ownership transfer which may create legal and operational complexities. If not implemented carefully, this structure may open opportunities for fraud and other risks in Islamic banking operations. This study aims to analyze the implementation of the prudential principle in the application of IMBT contracts in Islamic banking and to formulate regulatory strengthening to prevent potential fraud in IMBT financing practices. The research uses a normative juridical method with statutory and conceptual approaches. Legal materials consist of primary legal sources in the form of laws and regulations related to Islamic banking, secondary sources such as books, academic journals, and scientific publications, and tertiary sources including legal dictionaries and other supporting references. The analysis of legal materials is conducted using grammatical and systematic interpretation methods.The findings show that the prudential principle in Islamic banking has been normatively regulated in several legal frameworks. However, existing regulations remain general and do not specifically regulate operational parameters for implementing the prudential principle in IMBT contracts. This regulatory gap may create legal loopholes that increase the risk of fraud. Therefore, strengthening regulatory provisions is necessary by establishing clearer operational parameters for the implementation of prudential principles at each stage of IMBT financing. Such measures are important to ensure legal certainty, reduce fraud risks, and strengthen public trust in the Islamic banking system.
Legal Analysis of Religious Transfer As A Reason For Divorce In Islam M. Abdurrahman Husain Al Habsyi; Abdul Rachmad Budiono; Nur Chanifah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.364

Abstract

This study examines the legal issues of divorce in the context of domestic conflict triggered by religious conversion within Islam, which has not been explicitly regulated as a ground for divorce in Indonesian positive law. The study focuses on how the open-textured norm of Article 116 letter (f) of the Compilation of Islamic Law is interpreted in judicial practice, and its implications for legal certainty. The research method used is normative juridical with a statutory, conceptual, and case-based approach, to analyze the adequacy of the norm and the construction of its application by judges. The results of the discussion indicate that religious conversion cannot be used as a direct reason for divorce, but is only relevant if it causes continuous disputes and quarrels that impact household disharmony. However, the absence of operational parameters in the norm leaves room for judicial discretion and has the potential to lead to inconsistent decisions. Therefore, strengthening through the formulation of operational parameters that can guide judges' assessments in a more structured manner, including by adopting a preventive approach that considers early indications of conflict. These parameters include aspects of conflict escalation, ideological depth, impact on family function, and the possibility of disharmony rationally. Theoretically, this construction aligns with the principles of legal certainty and progressive law that is responsive to social dynamics. For implementation, these parameters should ideally be formulated in a Supreme Court Regulation as an interpretive guideline to improve the consistency, predictability, and quality of decisions in the religious courts
Co-Authors Abdul Rachmad Budiono Alhadi Saputra Arif Mustapa Dzaky Adam Thamrin Endang Sri Kawuryan Fanidio Muhammad Ariq Sugiarto Hanif Nur Widhiyanti Iman Pasu Purba Jasmine Sarah Nabilla Letizia Dessy Andreassari Luth, Thohir M. Abdurrahman Husain Al Habsyi M. Hamidi Masykur Moh. Anas Kholish Muchammad Aqib Junaidi Muhammad Rakhmat Alam Muhammad Rizki Nurdin Sidauruk Rachmi Sulistyarini Ranitya Ganindha Reka Dewantara Siti Rohmah Soca Daru Indraswari Sukarmi, Sukarmi Tiya Ulfa Tunggul Ansari Setia Negara Vidya Nurchaliza