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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Ahkam: Jurnal Ilmu Syariah Jurnal Studi Islam JURISDICTIE Jurnal Hukum dan Syariah Civil Engineering Journal Waskita: Jurnal Pendidikan Nilai dan Pembangunan Karakter International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Didaktika Religia Al-Manahij : Jurnal Kajian Hukum Islam Journal of International Islamic Law, Human Right and Public Policy
Siti Rohmah
Department Of Physics, Universitas Brawijaya, Malang, 65145,
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 Social Sciences Other

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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.
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.
Exploring Customary Law: Perspectives of Hazairin and Cornelis Van Vollenhoven and its Relevance to the Future of Islamic Law in Indonesia Ilham Tohari; Siti Rohmah; Ahmad Qiram As-Suvi
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.32600

Abstract

The difference between Islamic law and Western law in viewing customary law is the core problem that forms the background of this research. This article aims to explore in-depth Customary Law from the perspectives of Hazairin and Cornelis Van Vollenhoven and its relevance to the future existence of Islamic law in Indonesia. This research is a literature study applying a qualitative Juridical-Normative approach. The primary sources for this research are the original works of Hazairin (Tujuh Serangkai tentang Hukum dan Hazairin, Hukum Kewarisan Bilateral Menurut al-Qur’an dan Hadith) and Van Vollenhoven (Het Adatrecht Van Nederlandsch-Indie and its translated version, Van Vollenhoven on Indonesian Adat Law). The secondary sources are all references relevant to the topic of the article. Comparative analysis is used in analyzing the data. The research findings explain that, according to Hazairin, customary law can be applied anywhere as long as it does not contradict Islamic law. In contrast, Van Vollenhoven argues that customary law does not need to consider religion because all humans have equal rights before God, thus rejecting or eliminating customs or traditions is considered undignified. The formation of national law due to culture and tradition is an important part of society. This research provides a conceptual historical-theoretical narrative related to customary law in Indonesia. Despite having different perspectives on customary law, both Hazairin and Van Vollenhoven share the vision that customary law should be made into positive law. Therefore, the existence of customary law needs to be considered by lawmakers to become national positive law.
Co-Authors A. Rachmad Budiono Abdul Kodir Adi Susilo Ahmad Barizi Ahmad Qiram As-Suvi Ahmad Qiram As-Suvi Alamsyah M. Juwono Dzaky Adam Thamrin Fanidio Muhammad Ariq Sugiarto Faridha Aprilia Farizky Hisyam Herlindah Herlindah Ilham Tohari Ilham Tohari In'amul Mushoffa Luth, Thohir Millatuz Zakiyah Moh. Anas Kholish Moh. Anas Kholish Moh. Anas Kholish Muhamad Dadi Dwiono Muhammad Fathur Rouf Hasan Nur Chanifah Rachmi Sulistyarini Ranitya Ganindha Ridwan Fariz Maulana Vidya Nurchaliza Yulianto