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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum MUAMALATUNA AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Zulbaidah
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis Concept of Independence of the Sharia Supervisory Board in the Sharia Banking Zulbaidah
MUAMALATUNA Vol. 15 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/mua.v15i2.9591

Abstract

The Sharia Supervisory Board is obliged to direct, review, and supervise the activities of financial institutions so that it can be believed that they comply with Islamic sharia rules and principles, the fatwa of the Sharia Supervisory Board rules binding the Islamic financial institutions. The Shari'ah Supervisory Board has a heavy and strategic task so it takes a high professional to live it. The objectives of this research are: To find out the role of the Sharia Supervisory Board in supervising and handling the issue of Compliance with Islamic principles in Islamic Banking; To find out the obstacles faced by the Sharia Supervisory Board in upholding sharia economic principles in Sharia Banking; and to find out the steps shown by the Sharia Supervisory Board in upholding the principle of Independence in Sharia Banking. This research uses a conceptual approach that explains the concept of the independence of the Sharia Supervisory Board in carrying out sharia supervision activities in sharia banking. The result of this research is that Supervision in Sharia Banking is carried out to ensure the suitability of all bank operations with sharia principles and rules, namely by issuing fatwas, rules, and directives in fiqh issues which are used as guidelines for management in operating Islamic banks. With regard to independence, members of the Sharia Supervisory Board must not be part of the employees of the Islamic bank. Although he was appointed by the General Meeting of Shareholders, however, the matter of approval must come from the National Sharia Board. The Shari'ah Supervisory Board also has a work system and certain tasks as do other oversight bodies. The absence of influence from directors, commissioners and employees in Sharia Banking is able to shake the decision of the Sharia Supervisory Board in assessing fund distribution and internal audit activities in the Sharia compliance report in Sharia Banking.
Multicultural Influence of the Conceptual Value of Civilization on Changes in Islamic Law Zulbaidah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6066

Abstract

Islamic law moves with the times, Islam does not deny ijtihad as a solution offered in the formation of Islamic law. This study aims to analyze that Islamic Law is inseparable from the conceptual values of civilization, where different laws do not have to be prohibited, so that the relationship of Islamic law with diverse cultures is not a rigid law but can change according to changes and human welfare at a certain time. Descriptive analysis became the method used in this study. This study concludes that, first: Culture is an important concept in understanding society, where culture has three layers, namely: basic values that can be maintained, behaviors consisting of rituals and certain symbols. Second, Islamic law is a dynamic and flexible law, where attention to this change is then used as one of the important reasons in extracting law by scholars in conducting ijtihad, because many laws change according to social and cultural changes while still paying attention to the demands of benefit, not about mahdhah worship, the law is not qath'i, and that change must be based on the proposition of shari'i.
Constitutionalizing Islamic Inheritance Law Through Progressive Legal Interpretation Asrofi; Oyo Sunaryo Mukhlas; Ahmad Hasan Ridwan; Zulbaidah
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 2 (2026): As-Siyasi: Journal of Constitutional Law (Article in Press)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v62.32594

Abstract

This article examines how the KHI (Compilation of Islamic Law) can acquire constitutional legitimacy in inheritance adjudication and how progressive law can operate as a disciplined method of constitutional interpretation. It employs normative legal research using statutory, conceptual, case, and limited comparative approaches. The analysis covers the KHI, constitutional and statutory norms, selected Supreme Court decisions on mandatory bequests, substitute heirs, marital property, and consensual distribution, as well as constitutional accommodation of religious law in Malaysia and England and Wales. The findings show that the KHI operates as institutionalized soft law with strong functional authority in the Religious Courts but incomplete formal and democratic legitimacy. This weakness creates risks for legal certainty, equality, property rights, procedural fairness, and accountability. Judicial practice has partially constitutionalized the KHI, yet relevant ratio decidendi are not consistently expressed through structured constitutional standards. The article therefore proposes directed constitutional progressivism, a three-layer model integrating constitutional supremacy, maqāṣid al-sharī‘ah, purposive interpretation, proportionality, and separation of powers. Its layers are simultaneous and mutually corrective: constitutional alignment in adjudication, harmonization of jurisprudence through transparent and reviewable reasoning, and participatory legislative strengthening that preserves controlled judicial flexibility. The model repositions progressive law within constitutionalism and supplies operational standards for judges, the Supreme Court, and legislators to protect substantive justice without sacrificing legal certainty or the normative identity of Islamic inheritance law
Co-Authors Asrofi Duski Samad Firdaus ST Mamad Mukhlas, Oyo Sunaryo Ridwan, Ahmad Hasan Shintia Mulyawati