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Combating Corruption in Indonesia Through Islamic Criminal Law and Customary Criminal Law Januaris, Fadli; Arwani, M. Khairul; Jumanda, Adi; Utama Yazid, Ilham; Ulfazah, Yernati; Fikri, Rahimatul
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.333

Corruption is a big problem for the Indonesian nation that cannot be resolved temporarily. Now the practice of corruption occurs in almost all levels of society. Indonesia has become one of the leading countries in eradicating corruption. Even though the majority of Indonesia's population is Muslim. The purpose of this study is to formulate a definition of corruption in Indonesia from the perspective of Islamic law and how the concept of corruption works in Indonesia from the perspective of Islamic law. Use in this research descriptive-analytic method with a normative approach. The research results show that corruption in Indonesia is from the perspective of Islamic law an attempt to enrich oneself or others by violating the law contrary to the principles of justice (al-'is), accountability (al-amanah) and being in a position of responsibility. Corruption in Indonesia when viewed in terms of jinayat law in Islam is the same as the concept of Ghulul (fraud), and Risywah (bribery), and al-Ghasab (exploitation of other people's rights without permission). corruption so that it is included in the offense of Islam prohibiting corruption, then committing acts that are contrary to the texts, such as for example. However, the perpetrators are people who can be prosecuted according to law.

Inheritance Disputes Over Assets Still Under Debt Collateral Status from an Islamic Law Perspective Januaris, Fadli; Adriaman, Mahlil
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8798

Inheritance disputes involving assets under debt collateral status present unique challenges in the context of Islamic law, where debt repayment takes precedence over the distribution of inheritance. In Islamic banking, assets pledged as collateral (marhun) are considered the debtor's property but remain under the creditor's claim until the associated debt is fully paid. This creates legal and ethical complexities when the debtor passes away, as the heirs' right to inheritance may conflict with the creditor's right to the pledged asset. This study examines these disputes from an Islamic law perspective, focusing on the balance between fulfilling financial obligations and ensuring justice for heirs. The research analyzes relevant principles in Islamic inheritance law, including the prioritization of debt repayment and the distribution of remaining assets to heirs. It also evaluates the regulatory framework of Islamic banking, which often introduces contractual obligations affecting inheritance claims. Case studies are used to illustrate practical scenarios and highlight potential conflicts between creditors and heirs. The findings reveal that the resolution of such disputes requires a harmonization of traditional Islamic jurisprudence with contemporary banking practices. Proposed solutions include transparent debt documentation, equitable mechanisms for settling debts from the estate, and clear guidelines for managing collateralized assets in inheritance cases. By addressing these issues, this study contributes to the development of legal frameworks that uphold sharia principles, ensuring justice and fairness for all parties while maintaining the integrity of financial transactions and inheritance systems.

Analysis of U.S. Geopolitical Impact on Taiwan’s Semiconductor Market through Sharia Principles Muhammad-Lawal, Adam Adesina; Azizi Nik Abdullah, Nik Md Saiful; Efendi, Faisal; Januaris, Fadli
Alhurriyah Vol 10 No 1 (2025): June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v10i1.9253

The semiconductor industry in Taiwan, led by the Taiwan Semiconductor Manufacturing Company (TSMC), plays a strategic role in maintaining global technological and economic balance. Escalating geopolitical tensions between the United States and China have reshaped the dynamics of this industry, as the U.S. implements restrictive policies on semiconductor exports to China and promotes supply chain diversification through legislation such as the CHIPS and Science Act of 2022. This study aims to analyze the geopolitical impact of U.S. policies on Taiwan’s semiconductor market through the lens of Sharia economic principles, which emphasize justice (adl), balance (mizan), and the promotion of public welfare (maslahah). Employing a qualitative descriptive approach combined with a sociological legal method, the research collects data through in-depth interviews with semiconductor industry experts, scholars of international trade law, and Islamic economic theorists. Document analysis was also conducted on policy texts, Bureau of Industry and Security (BIS) reports, export control regulations, and relevant trade statistics from WSTS and SEMI. The findings reveal that while U.S. initiatives offer short-term advantages to Taiwan by enhancing technological security and global competitiveness, they also generate long-term vulnerabilities such as dependency risks, unequal market access, and potential ethical imbalances. Viewed through Sharia principles, these dynamics highlight the importance of fairness, mutual benefit, and sustainability in global trade governance. The study concludes that applying Islamic ethical frameworks can contribute to a more just and balanced semiconductor market in the evolving geopolitical order.

Inheritance Disputes Over Assets Still Under Debt Collateral Status from an Islamic Law Perspective Januaris, Fadli; Adriaman, Mahlil
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Editions July-December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8798

Inheritance disputes involving assets under debt collateral status present unique challenges in the context of Islamic law, where debt repayment takes precedence over the distribution of inheritance. In Islamic banking, assets pledged as collateral (marhun) are considered the debtor's property but remain under the creditor's claim until the associated debt is fully paid. This creates legal and ethical complexities when the debtor passes away, as the heirs' right to inheritance may conflict with the creditor's right to the pledged asset. This study examines these disputes from an Islamic law perspective, focusing on the balance between fulfilling financial obligations and ensuring justice for heirs. The research analyzes relevant principles in Islamic inheritance law, including the prioritization of debt repayment and the distribution of remaining assets to heirs. It also evaluates the regulatory framework of Islamic banking, which often introduces contractual obligations affecting inheritance claims. Case studies are used to illustrate practical scenarios and highlight potential conflicts between creditors and heirs. The findings reveal that the resolution of such disputes requires a harmonization of traditional Islamic jurisprudence with contemporary banking practices. Proposed solutions include transparent debt documentation, equitable mechanisms for settling debts from the estate, and clear guidelines for managing collateralized assets in inheritance cases. By addressing these issues, this study contributes to the development of legal frameworks that uphold sharia principles, ensuring justice and fairness for all parties while maintaining the integrity of financial transactions and inheritance systems.

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