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All Journal Lampung Journal of International Law (LaJIL) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Sharia Oikonomia Law Journal
Beltrán Genovés, Manuel
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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South Africa Sues International Court Over Israel's Palestinian Genocide under International Law Akbar, M. Fabian; Beltrán Genovés, Manuel
Lampung Journal of International Law Vol. 6 No. 2 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i2.3427

Abstract

This article examines the legal and geopolitical implications of South Africa's unprecedented lawsuit against Israel for genocide in Gaza, brought before the International Court of Justice (ICJ). The conflict stems from longstanding tensions between Israel and Palestine, exacerbated during the October 7, 2023 crisis. South Africa's legal action alleges Israel's actions and omissions in Gaza constitute genocide under the 1948 Genocide Convention, citing evidence of extensive civilian casualties, particularly women and children. Israel, however, denies the accusations, attributing civilian deaths to Hamas and asserting its right to self-defense against rocket attacks. The ICJ's role as a peaceful dispute resolution forum is highlighted, emphasizing its authority to adjudicate disputes between nations and provide legal opinions. The research employs a normative legal approach, analyzing international law principles and regulations, using a case study methodology to explore the legal complexities of the case qualitatively. The findings contribute to a deeper understanding of the legal mechanisms governing international disputes and the potential impact of legal proceedings on conflict dynamics.
Cryptocurrency as a Medium of Rupiah Exchange: Perspective Sharia Islamic Law and Jurisprudential Analysis Asyiqin, Istianah Zainal; Akbar, M. Fabian; Beltrán Genovés, Manuel
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i2.10975

Abstract

The rapid advancement of the digital age has driven significant developments in payment systems, influencing financial decisions and fostering economic activity. This study explores the use of cryptocurrencies as digital currencies in financial transactions, particularly in the context of investments, while assessing their compatibility with Islamic law. Employing a normative legal approach and a descriptive-analytical method, the research examines legal principles and facts concerning cryptocurrency regulation in Indonesia. The findings reveal that, despite the potential benefits of cryptocurrencies, their usage remains contentious from both regulatory and Islamic law perspectives. In Islamic law, cryptocurrency transactions are classified as haram lighairihi due to elements of uncertainty (gharar) and speculative risks, making them non-compliant with Sharia principles. As a solution, this study proposes a framework for integrating cryptocurrency exchanges with Rupiah transactions in accordance with Sharia economic principles. This integration aims to mitigate risks while maintaining the flexibility of digital transactions, ensuring they align with both regulatory standards and Islamic legal frameworks.
The Role of Regulation in the Development of Sharia Fintech: A Review of Contemporary Islamic Economic Law Asyiqin, Istianah Zainal; Mareto, Irvan; Beltrán Genovés, Manuel
Sharia Oikonomia Law Journal Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v2i4.1241

Abstract

This research explores the intricate relationship between regulation and the development of Sharia-compliant financial technology (fintech) within the framework of contemporary Islamic economic law. As Sharia fintech emerges as a significant sector in the global financial landscape, the alignment of innovative financial technologies with Sharia principles becomes crucial. The paper delves into the challenges and opportunities posed by regulatory fragmentation, the impact of technological advancements, and the importance of international coordination and harmonization. Regulatory fragmentation, characterized by diverse interpretations of Sharia law and differing national regulations, complicates cross-border operations, stifles innovation, and leads to a lack of standardization in financial products. Technological advancements, such as blockchain, artificial intelligence, and digital currencies, offer immense potential for enhancing transparency, efficiency, and inclusivity in Islamic finance but also introduce complex regulatory challenges. The paper argues for a proactive and collaborative regulatory approach, emphasizing the need for international standards and greater harmonization to ensure that Sharia fintech can thrive globally. By addressing these issues, the paper highlights the critical role of regulation in shaping the future of Sharia-compliant fintech, ensuring its growth, scalability, and adherence to Islamic ethical principles.
Co-Authors Akbar, M. Fabian Asyiqin, Istianah Zainal Mareto, Irvan