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All Journal NALAR FIQH: Jurnal Hukum Islam Islamic Law and Social Issues in Society Islamic Law and Social Issues in Society
Mohammed Milad, Ashraf Jomah
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonization of Criminal Sanctions against Notaries: A Comparative Analysis between Indonesian Positive Law and the Concept of Jarimah Takzir in Islamic Law Amin, Yanuardi; Ruslan, Ruslan; Ramlah, Ramlah; Wakhidah, Rida Luthfiana Wakhidah; Mohammed Milad, Ashraf Jomah
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 01 (2025): Juni 2025
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v16i01.1758

Abstract

The notarial profession in Indonesia occupies a strategic position as a public official authorized to create authentic deeds with complete evidentiary force; however, the phenomenon of notarial involvement in criminal acts has experienced a significant increase that threatens professional integrity and public trust in the notarial institution. At least 137 notaries have been implicated in criminal cases, with the majority involving document forgery, fraud, and embezzlement, while the regulation of criminal sanctions in Law Number 2 of 2014 concerning Notarial Positions remains limitative and creates legal uncertainty. This research aims to comprehensively analyze the legal implications of imposing sanctions on notaries who commit criminal acts by integrating perspectives from positive law and Islamic law, identifying juridical and non-juridical factors causing notaries to receive criminal sanctions, analyzing the harmonization of supervision systems and sanction imposition mechanisms, and examining the concept of jarimah takzir as an educative and rehabilitative alternative to punishment. The research employs a normative juridical method with statutory and conceptual approaches, analyzing primary legal materials consisting of legislation and court decisions, secondary legal materials comprising scholarly literature, and tertiary legal materials, through library research techniques and qualitative data analysis using descriptive-analytical methods and deductive reasoning. The research findings indicate that juridical factors in the form of normative vacuums in criminal sanctions and non-juridical factors in the form of moral integrity degradation constitute the primary determinants; the supervision system necessitates coherent harmonization among administrative, civil, ethical code, and criminal sanctions by applying the principle of ultimum remedium, while the Islamic law perspective through the concept of jarimah takzir offers a philosophical alternative emphasizing educative and rehabilitative dimensions by classifying deed forgery as a manifestation of falsehood and breach of trust that contradicts Islamic principles of justice. This research contributes theoretically to strengthening the theory of criminal liability for official positions and practically recommends legislative reformulation to fill legal vacuums and strengthen a supervision system that is rigorous yet just in order to maintain the integrity of the notarial profession and the legitimacy of public trust in the notarial institution within the framework of Indonesia's national legal system  
The 2025 IUMS Fatwa on Israeli Aggression in Gaza: Examining the Muslim-Majority Countries’ Foreign Policy through Maqasid al-Shari'a and Political Realism Abubakar, Ismail Yau; Mohammed Milad, Ashraf Jomah; Abubakar Muhammad Babayya; Rida Luthfiana Wakhidah
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.21

Abstract

This article examines the gap between Islamic legal norms and the foreign policy practices of Muslim-majority countries by analyzing the case of the International Union of Muslim Scholars (IUMS) fatwa regarding Israeli aggression in Gaza in 2025. The fatwa sets forth fifteen directives, including calls for jihād, a total boycott, the cessation of normalization with Israel, and the formation of a military alliance among Muslim-majority countries. In practice, however, most Muslim-majority countries—such as the UAE, Qatar, Saudi Arabia, Egypt, Morocco, and Turkey—continue to maintain diplomatic and economic relations with Israel and its allies. Therefore, this article investigates why the 2025 IUMS fatwa, as a representation of Islamic legal ideals within the framework of maqāṣid al-sharīʿa, has had only limited influence on the foreign policy responses of Muslim-majority countries, which are largely shaped by the principles of political realism. The research employs a qualitative approach, utilizing content analysis of the fatwa text and comparative policy analysis of the foreign policies of those Muslim-majority countries, focusing on diplomatic, economic, and security-related responses based on official statements, agreements, and documented actions. The findings demonstrate that geopolitical, security, and economic considerations are more dominant than commitment to Islamic legal principles, thereby explaining the weak influence of the fatwa on Muslim-majority countries’ policies. The implications of this research affirm the necessity of an integrative approach that connects Islamic legal norms with international political realities, so that strategic fatwas do not remain merely within the moral-normative realm but can be operationalized into realistic and effective foreign policies.
The 2025 IUMS Fatwa on Israeli Aggression in Gaza: Examining the Muslim-Majority Countries’ Foreign Policy through Maqasid al-Shari'a and Political Realism Abubakar, Ismail Yau; Mohammed Milad, Ashraf Jomah; Abubakar Muhammad Babayya; Rida Luthfiana Wakhidah
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.21

Abstract

This article examines the gap between Islamic legal norms and the foreign policy practices of Muslim-majority countries by analyzing the case of the International Union of Muslim Scholars (IUMS) fatwa regarding Israeli aggression in Gaza in 2025. The fatwa sets forth fifteen directives, including calls for jihād, a total boycott, the cessation of normalization with Israel, and the formation of a military alliance among Muslim-majority countries. In practice, however, most Muslim-majority countries—such as the UAE, Qatar, Saudi Arabia, Egypt, Morocco, and Turkey—continue to maintain diplomatic and economic relations with Israel and its allies. Therefore, this article investigates why the 2025 IUMS fatwa, as a representation of Islamic legal ideals within the framework of maqāṣid al-sharīʿa, has had only limited influence on the foreign policy responses of Muslim-majority countries, which are largely shaped by the principles of political realism. The research employs a qualitative approach, utilizing content analysis of the fatwa text and comparative policy analysis of the foreign policies of those Muslim-majority countries, focusing on diplomatic, economic, and security-related responses based on official statements, agreements, and documented actions. The findings demonstrate that geopolitical, security, and economic considerations are more dominant than commitment to Islamic legal principles, thereby explaining the weak influence of the fatwa on Muslim-majority countries’ policies. The implications of this research affirm the necessity of an integrative approach that connects Islamic legal norms with international political realities, so that strategic fatwas do not remain merely within the moral-normative realm but can be operationalized into realistic and effective foreign policies.
Co-Authors Abubakar Muhammad Babayya Abubakar, Ismail Yau Amin, Yanuardi Ramlah Ramlah Rida Luthfiana Wakhidah Ruslan Ruslan Wakhidah, Rida Luthfiana Wakhidah