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Syariah: Jurnal Hukum dan Pemikiran
Published by Universitas Islam Negeri Antasari Banjarmasin
ISSN : 14126303     EISSN : 2549001X     DOI : 10.18592/sjhp.v22i1.4843
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Syariah specializes on Law and Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 370 Documents
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Diskresi Peradilan dalam Penyelesaian Perkara Warisan: Menuju Keadilan Hukum Progresif di Indonesia Zaidah, Yusna
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.13012

Abstract

The results of the creativity of judges in conducting legal discovery with various methods allow for decisions that contain legal discretion in order to realize progressive legal justice. The presence of discretion to correct all weaknesses, independence is very important in the aspect of legal sources. Through in-depth research using normative legal studies on several decisions of the Religious Courts in South Kalimantan, it was found that a form of free discretion was found when the judge in the purification of the inheritance gave part of the inheritance through the establishment of a mandatory will for the ex-wife and justified the use of the inheritance for the payment of the spirit ritual debt. Such discretion of judges is categorized as ideal discretion because it is very progressive, where judges not only use normative interpretation but rather use sociological interpretation and connect the law with humanity, and morality.    
Sinergi Budaya Samin Dengan Fiqih Lingkungan di Jawa Tengah Subakir, Ahmad; Wakhidah, Nur; Muzainah, Gusti; Sadiani; Abdullah, Raihanah
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.13456

Abstract

This article explores the synergy between Samin culture and the concept of environmental fiqh in Central Java. This research employs qualitative methods, including in-depth observations, participatory observations, and documentation studies. This research seeks to provide a deeper insight into how local culture that has interacted with environmental fiqh can stop the plan to establish a cement factory as a pretext for national development. More specifically, this study uses the concepts of culture, ecology, and environmental fiqh to analyze the resistance of the Samin community to the plan to build the cement factory. The research findings show that the synergy of Samin culture with environmental fiqh was able to stop the plan to establish a cement factory on Mount Kendeng, Pati Regency, Central Java. This study offers a new perspective on formulating policies that are more inclusive and sustainable by strengthening the synergy between local culture and environmental fiqh principles.
Revitalisasi Lahan Terlantar: Ihyā' al-Mawāt karya Syekh Muhammad Arshad Al-Banjari sebagai Model Ekonomi Pesantren di Masyarakat Banjar Abad ke-18 Sairazi, Abdul Hafiz; Jamalie, Zulfa; Sukarni, Sukarni; Hanafiah, M.
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.13135

Abstract

This study examines the concept of ihyā’ al-mawāt as implemented by Sheikh Muhammad Arshad al-Banjari in 18th-century Banjarese society, focusing on its socio-economic and legal significance. While ihyā’ al-mawāt—the revitalization of abandoned land—is well-documented in Islamic jurisprudence, its practical application by Sheikh Muhammad Arshad remains underexplored. Using a historical approach and a normative legal framework, the research investigates the methods employed in land cultivation, the establishment of communal agricultural systems, and their integration into pesantren institutions. The findings reveal that Sheikh Muhammad Arshad spearheaded land reclamation through the collective efforts of his community, transforming swampy and neglected areas into fertile agricultural land. This initiative not only enhanced the community’s economic welfare but also laid the groundwork for an agro-economic model within pesantren education. The study underscores the enduring relevance of Islamic legal principles in addressing societal challenges and fostering sustainable community development.
Digitalisasi Peradilan di Indonesia Tengah: Studi Implementasi E-Court dan E-Litigasi di Pengadilan Lahilote, Hasyim Sofyan; Soleman , Frangky; Hasan, Faradila; Basri, Rusdaya; Lahilote, Azizah
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.13879

Abstract

The implementation of electronic court systems in Indonesia has gained momentum with the issuance of PERMA No. 7 of 2022 on Electronic Case Administration and Court Proceedings. This study aims to analyze the implementation of e-Court and e-Litigation in the Bitung and Praya Religious Courts, focusing on identifying factors that influence the level of adoption and effectiveness of the system. Using an empirical juridical method with a qualitative approach, this research combines in-depth interviews with 12 key informants (including court presidents, vice presidents, judges, and clerks), direct observation for 3 days in each court, and documentation analysis. The results showed a low level of adoption, with the use of e-Court in Bitung only 9.26% and Praya 8.70%, while e-Litigation was even lower (0.54% in Bitung and 0.23% in Praya). The significant difference in case volume between the two courts (367 cases in Bitung and 3,814 cases in Praya) does not correlate with the level of technology adoption. The main barriers include limited digital infrastructure, low technological literacy and user preference for conventional services. The study recommends the development of a multilevel policy that takes into account local characteristics, the strengthening of digital literacy programs through partnerships with educational institutions, and a tiered incentive system to encourage the use of electronic services.
Integrasi Sertifikasi Syariah dalam Profesi Notaris: Analisis Hukum Perbandingan, Tantangan, dan Peluang di Negara-Negara Muslim Asia Tenggara. Anand, Ghansham; Purnamawadita, Baiq Elma; Nugraha, Xavier; Rahmat , Nur Ezan
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.14334

Abstract

Southeast Asia is part of the Asian continent located in Southeastern part of Asia or around Indochina and the islands of the Malay Peninsula. Southeast Asia is home to a largely Muslim demographic, such as Indonesia, Malaysia, Brunei Darussalam, Thailand, and the Philippines. Consequently, countries in Southeast Asia implement Islamic law into their national laws, either whole or partially. The primary sources of Islamic law are the Qur'an and Sunnah. Islamic law is frequently applied in business and banking transactions, requiring deeds or agreements. A notary is an authorised individual entitled to make authentic deeds and other documents as regulated in laws and regulations. In several Southeast Asian countries, notaries have the authority to attest an agreement or document. The making of these deeds and agreements also includes agreements based on Islamic law or Sharia law. Thus, notaries can make deeds and agreements based on Islamic law that is recognized and regulated by their respective national laws. However, in making Sharia deeds, not everyone understands the rules and principles of Islamic law, including notaries. There is a current urgency for the standardization of Sharia deed making. This serves as a crucial tool for achieving legal unification in the creation of Sharia deeds on a cross-border scale.
Analisis Perbandingan Sistem Penuntutan: Perbandingan Hukum dari Amerika Serikat dan Negara-negara Eropa Orzhynska, Elvira; Rarytska, Viktoria; Stoianov, Konstiantyn; Dontsov, Denys; Terletskii, Anatoliy
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.14472

Abstract

This research used a qualitative approach with a focus on comparative studies and document analysis. The approach was designed to explore the legal regulations and organizational systems of prosecutors' offices in the United States, European countries, and Ukraine. Data were collected through a literature review of relevant constitutions, laws, and other official documents, such as reports from international organizations, court decisions, and prosecutorial codes of ethics. The analysis was conducted using a comparative method, whereby prosecutorial systems from different countries were compared based on several key criteria. These criteria included organizational structure, level of independence, legal authority, and efficiency of human resources and funding. This approach enabled the identification of best practices that could be applied to address local challenges in Ukraine. Data were analyzed thematically to identify patterns, differences, and similarities among the prosecutorial systems studied. For example, decentralized systems in the United States were compared with centralized models in Germany and France to assess their implications for case management effectiveness. The analysis also included an evaluation of the prosecutor's ability to handle specialized cases, such as war crimes investigations, as well as integration with applicable international standards. As a final step, the research validated the findings through source triangulation to ensure the accuracy and credibility of the data. This approach provided a solid basis for developing recommendations for reforming the prosecutorial system in Ukraine oriented towards the principles of the rule of law, protection of human rights, and operational effectiveness.
Mengevaluasi Kembali Pandangan dalam Pemberantasan Tindak Pidana Korupsi di Masa Darurat Militer Prysyazhnyuk, Olexandr; Shovkun, Yuriy; Korniienko, Maksym; Pashchenko, Yevhen; Nguindip, Nana Charles
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.14876

Abstract

This research addresses the fight against corruption under martial law in Ukraine, a relevant phenomenon as corruption poses a significant threat to national stability and democracy. The purpose of this study is to evaluate the effectiveness of anti-corruption legislation and infrastructure in the context of martial law. Using an analytical and dogmatic approach, the research combines legal analysis, secondary data, and semi-structured interviews with legal experts and civil society representatives, and the implementation of anti-corruption policies. The results show that while adequate anti-corruption laws and strategies exist, their implementation is hampered by weak inter-agency coordination, non-transparency, and lack of independent oversight. The implications of this study emphasize the importance of updating anti-corruption strategies and strengthening collaboration between state institutions and civil society to comprehensively address corruption. This study recommends updating anti-corruption strategies through the application of technology such as OSINT (Open Source Intelligence), stricter law enforcement, and strengthening collaboration between state institutions and civil society. Public education to build an anti-corruption culture is also identified as a strategic step.
Paradigma Baru Keadilan Restoratif dalam Sosiologi Hukum Islam Indonesia: Respons Nahdlatul Ulama dan Muhammadiyah terhadap Penanganan Korupsi Suparno, Suparno; Rusli, Rusli; Hidarya, Ia
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.16221

Abstract

This study explores the application of restorative justice as a new paradigm in the sociology of Islamic law in Indonesia, focusing on corruption cases and the responses of the two largest Islamic organizations: Nahdlatul Ulama (NU) and Muhammadiyah. The study addresses the limitations of the retributive paradigm, which has long dominated the justice system but has proven insufficient in achieving substantive justice and social restoration. The aim is to examine the compatibility of restorative justice with Islamic legal principles and to analyze NU and Muhammadiyah’s perspectives and recommendations on its implementation in combating corruption. This research employs a qualitative method with normative-sociological approaches through literature analysis and in-depth interviews. Findings reveal that restorative justice aligns closely with Islamic values such as sulh (reconciliation), islah (social reform), maslahah (public interest), and ‘afw (forgiveness). NU emphasizes moral and fiqh-based aspects, requiring full restitution and moral accountability, while Muhammadiyah advocates structural legal reforms, anti-corruption education, and integrity monitoring. The implication is that integrating restorative justice into the Indonesian Islamic legal framework could enhance social justice, legal efficiency, and public acceptance—provided that implementation is supported by strict regulations and transparent oversight mechanisms.
Rekonstruksi Tata Kelola Pertambangan melalui Maqasid al-Sharia: Menuju Pengelolaan Sumber Daya Alam yang Berorientasi pada Kesejahteraan Publik Nasrullah, Nasrullah; Muhjad, Hadin; Erlina, Erlina; Abdullah, Dadang
Syariah: Jurnal Hukum dan Pemikiran Vol 25 No 1 (2025)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v25i1.18046

Abstract

This study analyzes the governance of mining resources in Indonesia through the lens of Maqasid al-Sharia as a normative foundation to reconstruct coal mining licensing systems toward a welfare-oriented model. The current framework, despite legislative reforms under Law No. 4 of 2009 and Law No. 3 of 2020, continues to grapple with environmental degradation, regulatory fragmentation, and unequal resource distribution. Using a normative legal research method, the research examines statutory regulations, Islamic legal doctrines, and principles of maslahah (public benefit), ‘adl (justice), and hifz al-mal (protection of wealth) within the context of Article 33 of the 1945 Constitution. The historical evolution of mining regulation, from colonial concessions to the centralized IUPK system, reveals a persistent tension between economic exploitation and public welfare. This study proposes a reconstruction of mining governance that integrates Islamic legal objectives to ensure justice, environmental protection, and inclusive development. By embedding Maqasid al-Sharia within the legal framework, mining governance can be redirected toward the public good and sustainable state stewardship.
Advokasi Kelembagaan Islam terhadap Perampasan Tanah: Analisis Komparatif atas Peran MUI, Muhammadiyah, dan NU di Indonesi Ghazali, Abdullah; bin Abdul Rahman, Mohamad Zaidi; Bin Md Rasip, Osman; Bawana, Tate Agape
Syariah: Jurnal Hukum dan Pemikiran Vol 25 No 1 (2025)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v25i1.18001

Abstract

This study examines the role of Islamic institutions in advocating against land grabbing in Indonesia, focusing on the Indonesian Ulema Council (MUI), Muhammadiyah, and Nahdlatul Ulama (NU). The objective is to analyze their motives, strategies, and effectiveness in responding to agrarian conflicts. The research adopts a qualitative case study approach, drawing on six semi-structured interviews, sixteen fatwas and official recommendations, journal articles, and policy documents. Data were analyzed through the Advocacy Coalition Framework (ACF) and interpreted thematically. Findings reveal three main drivers of institutional engagement: concern for environmental and agrarian justice, responses to human rights violations, and grassroots grievances. Advocacy strategies include public education, fatwa issuance, legal assistance in cases such as Rempang and PIK 2, and coalition-building with civil society organizations. Theoretically, the study expands ACF by incorporating the Islamic principles of maslahah (public good) and ‘adl (justice). Empirically, it provides detailed evidence of how MUI, Muhammadiyah, and NU engage in agrarian justice. Practically, the study offers insights for policymakers and civil society to strengthen collaboration between Islamic institutions and advocacy networks in addressing land grabbing.

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