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All Journal Tasharruf: Journal Economics and Business of Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH) Jeksyah
Gunardi, Setiyawan
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Religion Humanities Astronomy Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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BREACH OF BETROTHAL IN MALAYSIA: A COMPARATIVE STUDY BETWEEN SYARIAH AND CIVIL LAW Nurulmahfuzah binti Masmi Tajuddin; Gunardi, Setiyawan
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 6 No. 1 (2024): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol.6.iss1.art7

Abstract

It has become customary nowadays for the engagement event to be celebrated with an official ceremony that consumes large expenses accompanied by the giving of valuable and luxurious gifts. The question arises whether the expenses that may be incurred or any losses that may arise during the period before the engagement is called off can be claimed as well as whether the engagement gift may be returned due to humiliation and embarrassment that the party must bear in consequence of the cancellation of engagement. This study aims to explain the concept of breach of betrothal from Syariah and a legal perspective. The paper will analyse the issue from a Syariah point of view and at the same time evaluate the statute in Malaysia between Syariah and civil law related to the matter as well as supported by the case law. A qualitative methodology was employed to analyse the data including books, articles, websites, and the internet. This study conducted interviews with a lawyer and 2 academics. Results findings show that the Islamic Family Law Act or Enactment only applies to Muslims in the Syariah court while non-Muslims are dealt with under the Contract Act 1950 in Civil court relating to betrothal in Malaysia. This study recommends the resolution of the issue of breach of betrothal in Malaysia to create a harmonious Malaysian society as well as to reduce the cases of breaking a promise to marry in the society.
Electronic Security and Sharia Compliance: Addressing Legal Challenges In Digital Banking In Indonesia Adzmi, Rifazul; Gustanto, Edo Segara; Rizki Lubis, Rusdi; Gunardi, Setiyawan
Jeksyah: Islamic Economics Journal Vol. 5 No. 02 (2025): September 2025 Edition
Publisher : Fakultas Ekonomi dan Bisnis Islam _ IAIN Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54045/jeksyah.v5i02.2836

Abstract

This study employs a literature-based approach by analyzing academic sources, legal texts, and regulatory documents. The purpose is to examine the legal challenges faced by Islamic banking in Indonesia amid the digital transformation of financial services. Rapid digital developments have reshaped banking services, including Islamic banking. While offering significant opportunities, this transformation also presents complex legal challenges. The study identifies key issues, such as the security of electronic transactions, compliance with digital security standards, personal data protection, and the consistent application of Sharia principles in digital financial innovations. These challenges are further complicated by the need to align them with Indonesia’s legal framework, particularly Law No. 21 of 2008 on Islamic Banking and regulations issued by the Financial Services Authority (OJK). The findings highlight the importance of adaptive legal frameworks and cross-institutional collaboration. Strong coordination among regulators, industry actors, and Sharia scholars is required to establish a digital Islamic banking ecosystem that is both legally sound and compliant with Islamic values.
Improving the Quality of Healthcare Services for Patient well-being through Maqaṣid al-Sharia: a Study at Klaten Islamic Hospital Azis, Muhammad Uqbah; Mubarok, Jaih; Kholis, Nur; Gunardi, Setiyawan
Tasharruf: Journal Economics and Business of Islam Vol 10, No 2 (2025): DECEMBER
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/tjebi.v10i2.3867

Abstract

This study aims to analyze the implementation of Maqaṣid al-Sharīah in improving the quality of healthcare services and patient well-being at Klaten Islamic General Hospital (RSUI Klaten). Using a qualitative descriptive approach through interviews, observations, and documentation, the study integrates field and library research to reveal how Sharia principles are translated into practical healthcare management. The findings show that the application of Maqasid Al-Sharia is not merely symbolic but has a measurable positive impact on service quality and patient welfare. For example, the implementation of hifz al-dīn (protection of religion) is realized through the availability of prayer facilities, halal nutrition, and spiritual counseling that enhance patients’ psychological and spiritual comfort. The principle of hifz al-nafs (protection of life) is reflected in the hospital’s patient safety centered policies and emergency response prioritization, while hifz al-māl (protection of wealth) is implemented through transparent financing and social support mechanisms using zakat and waqf funds. These initiatives collectively improve patient satisfaction, trust, and recovery outcomes, showing that Islamic ethical values can enhance both medical and moral dimensions of healthcare quality. The research also finds that the integration of Maqāṣid is an ongoing implementation process, meaning that it continues to be strengthened and expanded through staff training, Sharia governance, and digital innovation in service systems. This process reflects a continuous effort to institutionalize Islamic values within hospital operations. Overall, this study contributes to the discourse on Islamic healthcare management by providing empirical evidence that Maqasid Al-Sharia-based practices can serve as a transformative model for improving service quality and realizing comprehensive well-being (al-maṣlaḥah al-kulliyyah) in Sharia-compliant hospitals in Indonesia.
Co-Authors Adzmi, Rifazul Azis, Muhammad Uqbah Edo Segara Gustanto Jaih Mubarok Nur Kholis Nurulmahfuzah binti Masmi Tajuddin Rizki Lubis, Rusdi