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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 396 Documents
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Melampaui Amal Tradisional: Pengembangan Model Implementasi Konservasi Ekologis Berbasis Infak dalam Filantropi Islam di Indonesia Annisa Sayyid; Slamet Haryono; Sunaryati Sunaryati; Misnen Ardiansyah
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.18887

Abstract

The global ecological crisis demands the mobilization of alternative resources for environmental conservation, yet the potential of Islamic philanthropy, such as infaq in Indonesia, remains underoptimized. Infaq funds reach Rp 20 trillion annually, but only 5% is allocated to the environment, despite 78% of Muslims acknowledging conservation as part of their religious responsibility. This gap is exacerbated by the absence of an operational framework: only 12% of 847 zakat institutions in Muslim countries and 8% of the 50 largest Zakat Management Organizations (LAZ) in Indonesia have environmental programs as their primary portfolio. This research develops implementation models for infaq-based ecological conservation through a conceptual-analytical qualitative approach that integrates textual analysis of the Qur’an, Hadith, and fiqh with a review of secondary literature on Islamic philanthropic institutions in Indonesia from 2018 to 2025. Findings identify three applicable models: community-based (through neighborhood units RT/RW, mosques, and educational institutions), institutional (allocation of 10-15% of LAZ funds, Islamic banks, and Islamic corporations), and technology-based (digital platforms and blockchain). Implementation barriers include the awareness-practice gap (78% vs. 3.2%), long-term impact measurement, and the risk of greenwashing. This research contributes theoretically by positioning conservation within maqasid al-shariah and practically by providing an operational blueprint for zakat institutions.
Merekonstruksi Verifikasi Mustahiq dalam Tata Kelola Zakat: Akuntabilitas ‘Amil, Kepatuhan Syariah, dan Keadilan Distributif Alias Azhar; Jalaluddin Jalaluddin; A. Hafiz Anshary AZ; M. Hanafiah; Muhammad Hafiz bin Badarulzaman
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.20602

Abstract

Digitalization has transformed zakat administration, yet inaccurate mustahiq identification remains a governance challenge due to fraudulent claims, incomplete disclosure, and inconsistent screening. Existing zakat scholarship emphasizes efficiency, transparency, accountability, and digitalization, but largely treats beneficiary verification as an operational procedure rather than a mechanism of delegated ‘amil authority and distributive justice. This study develops the Integrated Mustahiq Verification Governance Framework (IMVGF) by examining how verification can connect institutional authority, governance controls, Shariah compliance, and socioeconomic outcomes. Using normative-doctrinal legal research and qualitative content analysis, the study examines Islamic legal sources, Malaysian zakat governance materials, scholarly literature, and documented screening practices. The analysis identifies a seven-stage verification chain and four recurrent risk clusters concerning identity, documentation, household resources, and emergency claims. IMVGF conceptualizes verification as accountability infrastructure that operationalizes amanah, safeguards hifz al-mal, and strengthens distributive legitimacy. The framework recommends interoperable data verification, risk-based field investigation, reasoned committee decisions, appeal safeguards, and continuous ‘amil training.
Reconstructing Indonesia's Bipartite Labor Dispute Resolution through Customary Bedamai: A Legal Pluralism Perspective Wahyu Utami; Yogabakti Adipradana Setiawan
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.20627

Abstract

The formal bipartite mechanism in Indonesia's labor dispute resolution, governed by Law No. 2 of 2004, is characterized by rigidity, adversarial dynamics, and a frequent lack of good faith, creating a systemic bottleneck in industrial relations that undermines both worker welfare and enterprise productivity. Integrating the customary Bedamai approach, rooted in Banjar adat traditions, offers a restorative, consensus-driven solution to this persistent controversy. Through the analytical lens of legal pluralism, a critical gap exists between the positivist state labor law framework and the sociological need for harmonious, culturally resonant dispute resolution mechanisms that reflect Indonesia's diverse legal traditions. This study aims to reconstruct the formal bipartite mechanism by integrating the bedamai customary approach to achieve more effective and harmonious dispute settlements that honor both statutory requirements and indigenous values. The research employs a purely normative legal method utilizing statutory, conceptual, and cultural approaches, analyzing primary and secondary legal materials without empirical fieldwork, thereby focusing on doctrinal analysis and legal reconstruction. The findings reveal that bedamai fundamentally shifts the paradigm from adversarial rights-claiming to restorative relationship-building, emphasizing communal harmony over individual victory. A reconstructed "Bipartite-bedamai Integration Model" is formulated, embedding customary consensus-building and community facilitation into the statutory negotiation phase while maintaining legal enforceability. The study concludes that legal pluralism must move beyond sociological observation toward normative integration, recommending specific amendments to Law No. 2 of 2004 to formally recognize customary mechanisms as a valid, parallel, or preliminary bipartite process
Sistem Autopoietik Tradisi Pitungan sebagai Mekanisme Fungsional Hukum dalam Mewujudkan Keharmonisan Keluarga Jawa Teguh Setyobudi; Roibin Roibin; Zaenul Mahmudi
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.21203

Abstract

This study examines the persistence of the Pitungan tradition as a living legal institution that continues to regulate marital decision-making within the plural socio-religious community of Kraton Gunung Kawi, Malang Regency. While previous studies have primarily interpreted Pitungan as a cultural belief or mystical practice, its function as an autonomous normative system within contemporary legal pluralism remains underexplored. Employing an empirical socio-legal approach, this research integrates field observations, document analysis, and in-depth interviews with kuncen, religious leaders, interfaith couples, and community elders. The findings demonstrate that Pitungan operates as an autopoietic normative subsystem that reproduces legal meaning through an internal binary code of patut and gak patut, thereby reducing uncertainty and reinforcing family stability. Interpreted through Niklas Luhmann's legal functionalism, Teubner's autopoiesis, Latour's Actor-Network Theory, and Jasser Auda's systemic Maqāṣid al-Sharī‘ah, the tradition reveals a mature form of interlegality in which customary norms, Islamic values, and state law interact complementarily rather than competitively. This interaction generates a new epistemological construct, Living Maqasid, operationalized through a Contextual Benefit-Based Harmonious Family Model that embeds hifẓ al-nasl and jalb al-maṣāliḥ within localized legal practices. The study contributes to socio-legal scholarship by reconceptualizing local wisdom as an adaptive legal-functional mechanism and recommends integrating respected customary authorities into state-based premarital counseling and family resilience programs.
Regulatory Fragmentation and Investor Protection in Indonesia’s Digital Securities Crowdfunding: Revisiting Legal Certainty Through Radbruch and Maqasid al-Shariah Nengsi Warna Sari; Abdul Mujib
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 2 (2026)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i2.20123

Abstract

This study aimed to examine the triggers of legal uncertainty in the implementation of securities crowdfunding in Indonesia, starting with issues related to investor protection on platforms licensed by the Financial Services Authority (OJK). Theoretically, existing investigations on the concept were predominantly concerned with doctrinal and regulatory issues, while reconstruction through the integration of Gustav Radbruch's theory of legal certainty and Maqasid al-Shariah remained insufficiently explored. An empirical legal design was used with a qualitative data approach. Furthermore, data sources consisted of primary and secondary forms. Primary data were obtained from observations of 4 OJK-licensed platforms, 135 public comments collected from Instagram, X, and the official review column of the platform on the Play Store. The data were analyzed using thematic analysis following 6 frameworks, namely introduction, coding, theme development, review, definition, and reporting, focusing on the substance and implementation of regulations related to securities crowdfunding in Indonesia. The analysis was conducted using the theory of legal certainty and the Maqasid al-Shariah doctrine. The results showed that legal uncertainty was obtained from contractual structures, overlapping norms and authorities, as well as the absence of dispute resolution mechanisms in regulations impacting investor legal protection. This was because the regulations were oriented towards procedural aspects. Therefore, a preventive and repressive paradigm shift toward securities crowdfunding law was supported through the integration of the Radbruch Triad and Maqasid al-Shariah. Efforts to strengthen legal certainty were further recommended by formulating regulations at the same level as the law on the implementation of digital securities crowdfunding, focusing on a strong and integrated legal foundation.
Dari Etika Lingkungan Qurani menuju Yurisprudensi Ekologis Islam: Rekonstruksi Maqāṣidī sebagai respons terhadap krisis iklim. M. Ihsan Fauzi; Azhar Ismail Hasibuan; Munirah Munirah; Safira Malia Hayati; Intan Diana Fitriyati
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.20396

Abstract

The climate crisis has evolved into an ecological and social emergency that can no longer be understood merely as a technical environmental issue, as it is closely linked to ecosystem degradation, the unequal distribution of impacts, and failures of governance in curbing exploitation. In this context, the need for a normative framework capable of addressing the crisis in a more systemic manner has become increasingly urgent, including within the framework of Islamic law. In the existing literature, Islam and the environment are generally discussed through three major streams: Islamic environmental ethics, institutional practices such as fiqh al-bi’ah and ecological education, and the discourse on maqāṣid and sustainability. However, most studies remain limited to ethical justification, sectoral approaches, or normative formulations that have yet to articulate a clear path of legal derivation from Qur’anic environmental ethics to a more operational ecological jurisprudence. This article aims to interpret Qur’anic environmental ethics through a maqāṣidī lens, identify the limitations of existing approaches to environmental fiqh, and reconstruct an Islamic ecological jurisprudence that is more responsive to the climate crisis. To achieve these aims, this study adopts a qualitative normative-doctrinal approach grounded in library-based research, employing textual-thematic analysis, critical doctrinal analysis, and maqāṣid-based legal reconstruction. The findings show that Qur’anic ecological ethics are structured around five principal axes: tawḥīd, khalīfah, mīzān, the prohibition of fasād, and the restraint of isrāf. The study also finds that contemporary environmental fiqh remains moralistic and sectoral, is insufficiently sensitive to cumulative damage, and is not yet sufficiently operational in formulating collective responsibility. Based on these findings, the article offers a maqāṣidī reconstruction that places the protection of ecological conditions as a material prerequisite for ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-māl. It concludes that Islamic law can be developed from environmental ethics into a more structured, multi-level ecological jurisprudence relevant to contemporary environmental governance. Further research should move into empirical and socio-legal inquiry to examine how this model is articulated in fatwas, regulations, policies, and institutional practices.

Page 40 of 40 | Total Record : 396

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