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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Al-Ahkam Jurnal Media Hukum Jurnal Hukum Novelty BERDIKARI : Jurnal Inovasi dan Penerapan Ipteks Jurnal Surya Masyarakat Jambura Law Review Iqtishoduna: Jurnal Ekonomi Islam Media Iuris Jurnal Al-Dustur Jurnal Surya Masyarakat Prophetic Law Review Indonesia Private Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Sharia Oikonomia Law Journal Lex Scientia Law Review
Asyiqin, Istianah Zainal
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The Principle of Self-Submission in Sharia Economic Dispute Resolution: A Critical Examination through Friedman’s Legal System Theory Asyiqin, Istianah Zainal; Akbar, M. Fabian; Onielda, Muhammad Daffa Auliarizky
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.27075

Abstract

The principle of self-submission refers to the voluntary acceptance of a specific legal framework, particularly within Sharia economic dispute resolution. Law No. 3 of 2006 expanded the jurisdiction of Indonesia’s Religious Courts to adjudicate Sharia economic disputes, allowing non-Muslim litigants to participate under the condition of self-submission. While this legal provision promotes inclusivity, its practical application remains underexplored, particularly concerning its consistency with fundamental legal principles and its effectiveness in ensuring legal certainty. This study addresses this gap by critically examining the normative foundations and implementation of self-submission in Sharia economic dispute resolution through the lens of Lawrence M. Friedman’s legal system theory, which evaluates legal substance, legal structure, and legal culture. Employing a normative juridical approach, this research analyses statutory regulations, legal precedents, and court decisions to assess self-submission's coherence, adaptability, and limitations in Sharia economic adjudication. The findings indicate that while the principle of self-submission is structurally embedded within the legal system, its enforcement faces challenges in judicial interpretation, procedural inconsistencies, and the extent of its applicability to non-Muslim litigants. Furthermore, the study identifies gaps in legal certainty and harmonization with broader national and international legal frameworks. As a contribution to the discourse on Sharia economic law, this research proposes normative refinements and procedural enhancements to improve the clarity and effectiveness of self-submission, thereby strengthening Indonesia’s Sharia economic dispute resolution mechanism. These findings have broader implications for legal pluralism and the evolution of Sharia economic law in multi-religious societies.
Ethical Contracts vs. Commercial Realities in Indonesian Sharia Insurance Asyiqin, Istianah Zainal
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 4 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no4.3635

Abstract

This article examined legal issues within Indonesia's Sharia insurance industry, focusing on implementing dual contracts combining tabarru’ (voluntary) and tijarah (business) agreements. The qualitative study used secondary data and a taxonomic technique to identify legal challenges. Ideally, the contract structure should separate the management of these two agreements, with tabarru’ as the primary contract and tijarah as supplementary. However, the findings revealed that Indonesia's takaful industry prioritized the supplementary tijarah contract over the primary tabarru’. This issue resulted in inadequate separation of tabarru’ and tijarah funds, leading to the mixing of returns from both sectors. This practice contradicted the fatwas issued by the National Sharia Council-The Indonesian Ulama Council (DSN-MUI) regarding Islamic insurance.Additionally, the article identifies ambiguities within some DSN-MUI guidelines. To address these issues, the article proposed an alternative contract scheme from the perspective of fiqh al-mu'amalah (Islamic economic law), suggesting that tabarru’ could be based on a fee (ujrah). In contrast, other contracts could be structured around profit and loss-sharing investment agreements.
Mushārakah Mutanāqiṣah (Diminishing Partnership) Regulation for Housing Finance in Indonesian and Malaysian Law Asyiqin, Istianah Zainal; Akbar, M. Fabian; Onielda, Muhammad Daffa Auliarizky; Farid, Adriana Maisarah binti Mohd
Al-Ahkam Vol. 34 No. 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.20133

Abstract

The housing business continues to grow along with the increasing need for the fulfillment of housing. This research delves into the application of mushārakah mutanāqiṣah in housing finance within Indonesia and Malaysia, scrutinizing their regulations and relevant governing institutions. Employing a normative legal approach, it explores legal principles, systematics, synchronization, and historical context about this financing method. Employing inductive, deductive, and comparative methods, it analyzes regulations and practices in both countries. By offering insights into the potential and challenges of implementing mushārakah mutanāqiṣah in housing finance, the study aims to provide recommendations for regulatory enhancements, fatwa institutions, product development, and adherence to sharī’ah principles. This research is crucial for deepening understanding and facilitating improvements in various sectors related to housing finance within the context of Islamic finance in Indonesia and Malaysia.
Bridging Digital Justice: A Comparative Study of E-Commerce Arbitration in Indonesia and Taiwan Asyiqin, Istianah Zainal; Fitriyanti, Fadia; Yunita, Ani; Akbar, M. Fabian; Pei-Fen, Tsai
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.18899

Abstract

The rapid expansion of e-commerce has significantly altered the global trade landscape, presenting legal challenges and opportunities, particularly in cross-border transactions. Arbitration has emerged as an effective mechanism for resolving e-commerce disputes, due to its enforceability and flexibility. The intersection between arbitration and e-commerce necessitates immediate attention as electronic signatures, digital contracts, and remote proceedings become more common. This study employed a normative legal approach to evaluate the arbitration frameworks of Indonesia and Taiwan in the context of e-commerce disputes. While Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) supports Indonesia's legal system, it lacks specific provisions on arbitration for digital commerce, particularly in international contexts. In contrast, Taiwan exhibits a more comprehensive system integrating its Electronic Signatures Act with arbitration practices, enabling a more significant adaptation to technological advancements. While Taiwan's Arbitration Act does not explicitly regulate remote hearings, the Code of Civil Procedure and Judicial Yuan's pertinent regulations permit remote hearings, video conferencing, and electronic evidence submission, thereby guaranteeing continuity and efficiency, particularly during the COVID-19 pandemic. According to this investigation, Taiwan's institutional and procedural preparedness for digital dispute resolution is more advanced. To augment its e-commerce arbitration skills, Indonesia must integrate digital technologies and address regulatory gaps within its arbitration system. The comparative research provides a distinct viewpoint on how both nations might mutually benefit from enhancing legal clarity, effectiveness, and cross-border enforceability within the digital economy.
Transforming Sharia Economic Dispute Resolution through E-Court for Simple, Fast, and Affordable Justice Asyiqin, Istianah Zainal; Fitriyanti, Fadia; Susila, M. Endriyo; Akbar, M. Fabian; Wirayudha, Dimas Putra
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art1

Abstract

This study critically examines the implementation of the electronic court (e-Court) system in resolving Sharia economic disputes within Indonesia’s Religious Courts, focusing on selected jurisdictions in Jakarta, Yogyakarta, Central Java, and East Java. Introduced through Supreme Court Regulations No. 1 of 2019 and No. 7 of 2022, the e-Court system aims to modernize judicial processes and realize justice that is simple, fast, and affordable. Using a qualitative descriptive approach, the research draws on data from eight Religious Courts: East Jakarta, South Jakarta, Sleman, Wonosari, Sidoarjo, Surabaya, Pemalang, and Slawi, through interviews, observation, and document analysis. Findings show that while the e-Court system enhances administrative efficiency and transparency, its implementation remains uneven. Urban courts such as Jakarta and Surabaya demonstrate successful digital integration, whereas Wonosari, Pemalang, and Slawi face obstacles in infrastructure, internet access, and digital literacy. These disparities create hybrid practices and raise concerns about procedural validity and data security. From a prophetic law perspective, the e-Court reform embodies the moral ideals of humanization (amar ma’ruf), liberation (nahi munkar), and transcendence (tu’minuna billah). However, unequal access to digital justice contradicts these prophetic values. The study concludes that achieving ethical and inclusive digital transformation requires embedding prophetic legal principles into judicial policy to ensure that modernization serves humanity and justice, not merely administrative efficiency.
RECONCILING OWNERSHIP RISK UNDER ISLAMIC ECONOMIC LAW: COMPARATIVE ANALYSIS OF INDONESIAN AND MALAYSIAN CONTRACTS Asyiqin, Istianah Zainal; Akbar, M. Fabian; Wirayudha, Dimas Putra; Abul Hisyam, Ayesha
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4545

Abstract

Ownership risk (daman milkiyyah) is a core doctrine in Islamic contract law, as it determines the lawful transfer of liability and entitlement to profit in financial transactions, and its misallocation may result in products that are formally Sharia compliant but substantively deficient. This study aims to (1) clarify the juristic foundations of daman milkiyyah and (2) assess its implementation in contemporary Islamic banking products in Indonesia and Malaysia. Using a normative and comparative legal methodology, the research examines statutory and regulatory frameworks, Sharia rulings and fatwas, including those of DSN MUI and Malaysian Sharia governance bodies, classical and contemporary fiqh literature, documented banking practices, and maqasid al sharia as an evaluative lens. The findings reveal differences in regulatory architecture and product implementation between the two jurisdictions, which affect the consistency of ownership risk allocation across instruments such as murabaha, ijara, and asset based financing. These divergences indicate areas where governance standards and operational practices can be strengthened, and the study concludes that clearer ownership risk criteria aligned with maqasid al sharia are necessary to enhance transparency, ensure equitable risk distribution, and support the integrity and resilience of Islamic finance.
ISLAMIC LEGAL FRAMEWORK FOR ENHANCING TAKAFUL IJTIMĀ‘Ī THROUGH WAQF-MUSHĀRAKAH MODELS IN INDONESIA AND MALAYSIA Asyiqin, Istianah Zainal; binti Abul Hisyam, Ayesha
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10675

Abstract

Sharia insurance (at-Takāful) is founded on the principle of mutual assistance (at-Takāful al-Ijtimā ‘ī), yet existing models often fail to ensure equitable outcomes. Most contemporary Sharia insurance practices rely on hybrid contracts (multi-ʿaqd), combining ʿAqd Tabarru‘ (charitable contribution) and ʿAqd Muḍārabah (profit-sharing). However, these approaches have limitations in achieving social justice. This study examines the integration of Waqf and Mushārakah models as alternative solutions to enhance fairness in Islamic insurance. While Indonesia’s Takāful system predominantly uses traditional hybrid contracts, Malaysia employs a more advanced Takāful framework, incorporating Waqf and Mushārakah to strengthen social justice and economic sustainability. Using a normative legal research approach, this study employs a doctrinal approach and compares Indonesian and Malaysian Takāful structures, analyzing the legal and economic implications of adopting Waqf and Mushārakah in Sharia insurance. The findings suggest that the Waqf model aligns with Islamic economic objectives such as poverty alleviation (raf‘ al-faqr) and wealth distribution (taqwīm al-tharwah), while Mushārakah fosters cooperative principles and equitable profit-sharing (al-ta‘āwun wa al-‘adālah al-māliyah). The study concludes that integrating Waqf and Mushārakah into Indonesia’s Sharia insurance system can enhance Takāful Ijtimā‘ī principles and promote greater financial justice in accordance with the Maqāṣid al-Sharī‘ah.
Co-Authors AA Sudharmawan, AA Abul Hisyam, Ayesha Akbar, M. Fabian Alfurqon, Fe Fikran Anggriawan, Rizaldy Ani Yunita Auliarizky Onielda, Muhammad Dafa Beltrán Genovés, Manuel binti Abul Hisyam, Ayesha Farid, Adriana Maisarah binti Mohd Fitriyanti, Fadia Mareto, Irvan Marwa, Muhammad Habibi Miftakhul Muhammad Khaeruddin Hamsin, Muhammad Khaeruddin Onielda, Muhammad Daffa Auliarizky Pei-Fen, Tsai Susila, M. Endriyo Wirayudha, Dimas Putra