Article Per Year (5 Year)
p-Index From 2020 - 2025
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This Author published in this journals
All Journal International Journal of Islamic Thought and Humanities Nusantara: Journal Of Law Studies Lex Scientia Law Review
Souad Ezzerouali
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Redefining Consent in Digital Contracts through Electronic Signatures in Islamic Law Faizin, Mu'adil; Souad Ezzerouali; Abubakar Muhammad Jibril; Raha Bahari
International Journal of Islamic Thought and Humanities Vol. 4 No. 2 (2025): International Journal of Islamic Thought and Humanities
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/ijith.v4i2.637

Abstract

Academic debate on the validity of digital contracts persists, particularly concerning whether electronic signatures can substitute ijab-qabul in Islamic law. This study examines the status of electronic signatures in Islamic contract law and Indonesian regulations by integrating normative legal analysis with an empirical survey of 29 business practitioners across Indonesia who employ digital contracts. The results demonstrate that 82% of respondents consider electronic signatures legally binding under current norms, 76% regard them as fully equivalent to handwritten signatures in representing contractual consent, and 88% affirm their role in enhancing trust and efficiency in transactions. These findings confirm that the essential principles of consent, object clarity, and party competence are preserved in digital form while aligning with statutory recognition in Indonesian law. The study contributes to contemporary Islamic contract law by providing empirical evidence that reinforces theoretical arguments, offering doctrinal insight and practical implications for developing sharia-compliant digital contracts in the digital age.
Revisiting the Principle of Legal Certainty: A Contemporary Analysis through the Lens of Legal Positivism Itok Dwi Kurniawan; Souad Ezzerouali
NUSANTARA: Journal Of Law Studies Vol. 3 No. 02 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17385496

Abstract

The principle of legal certainty, as formulated by Gustav Radbruch, is recognized as one of the essential values of law. It demands that legal rules be written clearly and systematically to avoid ambiguity in interpretation and application. This principle plays a crucial role in ensuring predictability, stability, and public confidence in the legal system. Within the framework of legal positivism—especially in the thoughts of John Austin and Hans Kelsen—clarity, hierarchy of norms, and the separation between law and morality serve as key foundations that strengthen the idea of legal certainty. This study adopts a normative juridical method using a conceptual and philosophical approach. It examines primary legal materials and classical theories of legal positivism to understand how the principle of legal certainty is constructed and justified within positivist reasoning. The findings show that legal certainty functions not only as a procedural guarantee to uphold the rule of law but also as a philosophical reflection of the autonomy and objectivity of the legal system. Furthermore, the study highlights that Radbruch’s theory of values enriches the positivist perspective by introducing a moral dimension to the discourse on legal certainty. The research contributes to the academic discussion by offering a theoretical synthesis between positivist and post-positivist views of legal certainty. This synthesis provides a broader understanding of law as both a normative structure and a moral framework, offering insights that can strengthen the legitimacy and consistency of modern legal systems.
The Potential for Corporate Corruption in Mining Licensing Policies for Religious Organizations in Indonesia Erma Rusdiana; Lindra Darnela; Muwaffiq Jufri; Paul Atagamen Aidonojie; Souad Ezzerouali
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.v9i2.21551

Abstract

The primary purpose of this research is to examine the potential corruption by corporations through the policy of granting mining licenses to religious community organizations (religious organizations) in Indonesia. This research contributes to analysing the potency of corruption and provides a concept for preventing corruption in the mining sector after the issuance of mining business licenses for religious organizations. The novelty of this research is to detect various potential criminal acts of corruption by corporations after the enactment of regulations that permit religious organizations to manage mines. Additionally, the concept of corporate corruption prevention provides policy input to prevent corruption in this sector. This research uses normative legal research methods with conceptual, statutory, and case approaches. A significant finding of this research is that corruption is potentially liable in mining management by religious organizations, considering that the business entities owned by religious organizations are not very credible in managing the mining sector. Furthermore, previous studies and surveys have found that many mining companies overlook or ignore their anti-corruption commitments and policies. The potency of corruption is also exacerbated by regulatory loopholes in the mining sector, which are susceptible to corruption. This research recommends a policy that regulates the standard quality of the business entity owned by a religious organization, especially human resources capacity, organizational management, and anti-corruption commitments and policies within the business entity. In addition, to avoid potential corruption in this sector, the government's commitment and the participation of society in monitoring mining governance are certainly needed.
Co-Authors Abubakar Muhammad Jibril Erma Rusdiana Faizin, Mu'adil ITOK DWI KURNIAWAN Lindra Darnela Muwaffiq Jufri Paul Atagamen Aidonojie Raha Bahari