Indonesian Journal of Islamic Law (IJIL)
Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law

The Stagnation of BASYARNAS in East Java, Indonesia: Islamic Legal Governance, Digital Invisibility, and the Practical Challenges of Sharia Arbitration

Ahmad Musadad (Universitas Trunodjoyo Madura, Indonesia)
Holis Holis (East Java Indonesian Ulema Council, Indonesia)
Alfa Zaidanil Fauzi (Universitas Trunodjoyo Madura, Indonesia)
Anis Nadia (Regional National Sharia Arbitration Board, Indonesia)
R. Soeharjanto (Regional National Sharia Arbitration Board, Indonesia)



Article Info

Publish Date
26 Jun 2026

Abstract

The rapid growth of sharia economic activity in East Java should have strengthened the role of the regional National Sharia Arbitration Board (BASYARNAS) as a trusted forum for resolving Islamic commercial disputes. In practice, however, Basyarnas East Java remains institutionally stagnant, having handled only seven cases in the last three years. This research note examines the practical causes of this stagnation through a socio-juridical approach grounded in Islamic legal governance. It argues that the weakness of Basyarnas East Java is not merely administrative but reflects a governance deficit that affects the institutional realisation of taḥkīm, maṣlaḥah, amānah, and al-ri‘āyah. The analysis identifies two interrelated problems: weak internal evaluation caused by leadership role overload and limited digital visibility in the public sphere. These conditions restrict legal dissemination (tablīgh), reduce public feedback mechanisms, and weaken the institution’s cognitive legitimacy among sharia economic actors. This note recommends strengthening procedural governance through clearer dual-role regulation, regular institutional evaluation, and the active use of participatory digital platforms. By linking practical institutional reform with Islamic legal reasoning, this note contributes to the development of adaptive sharia arbitration governance in contemporary Muslim society.

Copyrights © 2026






Journal Info

Abbrev

IJIL

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Islamic Law, a.k.a. IJIL (P-ISSN: 2085-627X, E-ISSN: 2615-7543), is published twice a year, in June and December, by the IJIL Research Centre of the Department of Islamic Family Law, Postgraduate Program, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember since 2019 ...