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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 Educational Management and Innovation (IJEMI) International Journal of Educational Review, Law And Social Sciences (IJERLAS) 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 Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science 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.v6i1.4519

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 Article 251 of the Commercial Code (KUHD), which previously regulated unilateral cancellation rights, was revoked by Constitutional Court Decision Number 83/PUU-XXII/2024, creating a legal vacuum.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: 10.59733/jishup.v4i1.191

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.
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

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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
Co-Authors Alhadi Saputra Arif Mustapa Dzaky Adam Thamrin Endang Sri Kawuryan Hanif Nur Widhiyanti Iman Pasu Purba Luth, Thohir M. Hamidi Masykur Moh. Anas Kholish Muhammad Rakhmat Alam Ranitya Ganindha Siti Rohmah Soca Daru Indraswari Tunggul Ansari Setia Negara Vidya Nurchaliza