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Asy-Syariah
Published by Institut Ilmu Keislaman Zainul Hasan Gengong
ISSN : 24603856     EISSN : 25485903     DOI : 10.36835/assyariah
Core Subject : Religion, Humanities,
Religion Humanities
Asy-Syariah Journal Is The Journal That Pudlished by Islamic Economic and Business of Institut Ilmu Keislaman Zainul Hasan Genggong Kraksaan Kab. Probolinggo Est Java, this Journal publish About Islamic Law, Social Islamic Law.
Arjuna Subject : Umum - Umum
Articles 156 Documents
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Inconsistency of judicial verdicts in standardizing the threshold of noodweer exces: A review of criminal law and Islamic law Irfani, Arsyaddefa Muhammad Fitra; Fattaah, Abdul
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2327

Abstract

This study aims to examine the threshold between self-defense (noodweer) and excessive self-defense (noodweer exces) and its application in Indonesian judicial practice. Using a normative juridical approach through the analysis of selected court decisions, this research compares the regulation of noodweer exces under Indonesian Criminal Law, particularly Article 49 of the Criminal Code (KUHP), and Islamic Criminal Law through the doctrine of daf’u as-shā’il. In Indonesian Criminal Law, noodweer exces eliminates criminal liability when excessive defensive actions are directly caused by severe emotional disturbance (hevige gemoedsbeweging). In contrast, Islamic Criminal Law maintains moral and legal accountability once the limits of proportionality are exceeded, despite the presence of emotional pressure. The findings reveal significant inconsistencies in judicial decisions, particularly in judges’ assessments of proportionality and severe emotional disturbance, resulting in divergent legal outcomes in comparable self-defense cases. This study concludes that such inconsistencies do not stem from the absence of legal norms, but from the lack of objective and uniform standards in determining the threshold of excessive self-defense. Accordingly, this research offers a comparative normative framework to support more consistent and objective judicial reasoning in future self-defense cases.
The role of family mediation in dealing with trust crises resulting from digital infidelity: An Islamic family law perspective Rohmah, Mamlu'atur; Harry, Musleh
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2333

Abstract

The importance of this study is based on the rapid digitization that has triggered the phenomenon of digital infidelity, which has caused a crisis of trust in households. The purpose of this study is to analyze the impact of digital infidelity on household stability, examine the views of Islamic family law on this phenomenon, and explore the effectiveness of family mediation as a solution to conflict resolution. The research method used is normative legal research using an interpretive library research method. The results of this study comprehensively describe three main points: first, digital infidelity is identified as a form of emotional betrayal that causes deep psychological impacts, anxiety, and damage to the privacy of the domestic sphere. Second, in the view of Islamic family law, this behavior is classified as a violation of the principles of amanah and tsiqah and falls under the category of zina qalbi (adultery of the heart), which damages the sacred essence of the marriage contract. Third, the role of family mediation through the principles of tahkim and islah has proven to be very strategic as an instrument of moral and spiritual reconciliation that can restore trust between spouses through an approach based on justice ('adl), deliberation (syura), and compassion (rahmah). This study concludes that strengthening an adaptive mediation model for digital ethics is crucial in maintaining moral resilience and preventing the disintegration of Muslim families in the modern era.
The Role of the Pesawaran Regency Election Supervisory Board (Bawaslu) in Overseeing the Neutrality of Civil Servants (ASN) in the 2024 Regional Head Election from the Perspective of Siyasah Tanfidziyyah Marisa, Dea; Frenki, Frenki; Nurasari, Nurasari
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2338

Abstract

This study aims to analyze the role and effectiveness of legal supervision carried out by the General Elections Supervisory Agency (Bawaslu) of Pesawaran Regency regarding the neutrality of State Civil Apparatus (ASN) in the implementation of the 2024 Regional Head Election (Pilkada), based on Article 4 Paragraph (1) Letter (a) of Bawaslu Regulation of the Republic of Indonesia Number 6 of 2018 concerning Supervision of the Neutrality of ASN Employees, Members of the Indonesian National Armed Forces (TNI), and Members of the Indonesian National Police (Polri). This study employs an empirical juridical method with a descriptive qualitative approach, using Siyasah Tanfidziyyah as the analytical framework. Data were collected through interviews, documentation, and a review of relevant laws and regulations. The results show that Bawaslu Pesawaran Regency has implemented supervision of ASN neutrality through socialization, letters of appeal, declarations of neutrality, coordination with related agencies, and direct supervision by the District Panwaslu. The level of violations of ASN neutrality in the 2024 Pilkada is relatively low, only one case was found, which indicates an increase in ASN awareness of the obligation of neutrality. However, the effectiveness of oversight is not yet fully optimal due to Bawaslu's limited authority to impose sanctions, weak follow-up on recommendations, time constraints, difficulties in providing evidence, and limited human resources. From a legal and administrative perspective, Bawaslu's role reflects efforts to uphold justice, ensure public trust, and ensure public welfare. Strengthening regulations, inter-agency coordination, and optimizing oversight authority are still needed to ensure the optimal implementation of Article 4 Paragraph (1) Letter (a), so that the principle of civil servant neutrality in the 2024 regional elections can be fully realized.
Implementation strategy of technology in optimizing the ijarah contract process in Islamic banks Baiq Diana Putri; Saroji, Romi Putra; Hermawati, Hermawati
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 2 (2025): Asy-Syari'ah: Jurnal Hukum Islam, June 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i2.1968

Abstract

This article aims to explore technology implementation strategies in the Ijarah contract process at Islamic banks to enhance operational efficiency, Sharia compliance, and customer satisfaction. The research method employed is a qualitative approach through library research, involving the analysis of secondary data from scientific journals, books, research reports, and policy documents related to Islamic banking and technology. The analysis is conducted by categorizing information based on the type of technology and its impact on efficiency and Sharia compliance, as well as using descriptive and comparative approaches to identify relevant patterns and relationships. The research findings indicate that the application of technologies such as digital document management systems, electronic signatures, and online platforms can optimize the Ijarah contract process by reducing time and costs while improving transparency and accuracy. However, challenges such as resistance to change and high initial costs must be addressed through training, effective communication, and collaboration with technology providers who understand Sharia principles. This research contributes by offering technology implementation strategies that can strengthen the competitive advantage of Islamic banks in an increasingly digital market and provide in-depth insights for the development of Islamic banking theory and practice.
From tax deduction to tax rebate: A philosophical reconstruction of zakat–tax integration in Indonesia Adillah, Erika Rishan; Mukhlas, Oyo Sunaryo; Burhanuddin, Burhanuddin
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2323

Abstract

This study examines the normative and philosophical foundations of zakat–tax integration in Indonesia by critically assessing the limitations of the existing tax deduction mechanism and proposing a transition toward a rebate-based model. Although zakat payments made through authorized institutions are formally recognized as deductible expenses, this policy has failed to provide substantive fiscal relief and has produced a persistent double burden for Muslim taxpayers. Employing a normative legal research method with an interdisciplinary orientation integrating legal philosophy, legal pluralism, maqāṣid al-sharīʿah, and comparative analysis this study analyzes Indonesia’s zakat–tax framework and contrasts it with Malaysia’s rebate system. The findings show that Indonesia’s deduction model marginalizes zakat as a fiscal institution, contradicts principles of distributive justice, weakens legal legitimacy, and limits zakat’s redistributive function. In contrast, Malaysia’s rebate model eliminates the double burden by allowing zakat to directly reduce tax payable, thereby enhancing compliance, fiscal justice, and institutional coherence. This study argues that the core problem of zakat–tax integration in Indonesia is paradigmatic rather than administrative. Accordingly, it proposes a rebate-based integration model supported by regulatory reform, institutional collaboration, and digital governance. The study contributes theoretically by reconstructing zakat–tax relations through a legal-philosophical lens and practically by offering a policy-oriented framework for a more just and pluralistic fiscal system in Indonesia.
Islamic legal authority in the Indonesian legal system: a historical-normative analysis from the fiqh siyasah perspective Mohammad Lukman Chakim; Irzak Yuliardy Nugroho
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2412

Abstract

This study aims to analyze the authority of Islamic law in the Indonesian national legal system using the theoretical frameworks of authority and persuasive sources from H. Patrick Glenn, as well as the perspective of fiqh siyasah. This study uses a historical-normative method, tracing the development of Islamic law from the colonial period to post-independence, and analyzing its authority in the current legal system in Indonesia. The results of the study indicate that during the colonial period, Islamic law functioned primarily as a persuasive source, namely, religious norms implemented socio-religiously without formal binding force within the state's legal structure. However, after independence, Islamic law underwent a significant transformation through normative recognition in laws and regulations, such as Law No. 1 of 1974/19 of 2019 and Law No. 7 of 1989 concerning Religious Courts. The existence of these laws implies that Islamic legal norms become legal, binding, and have legal consequences. This transformation from persuasive norms to authoritative norms does not conflict with the principles of the rule of law or the character of Indonesia as a Pancasila state, but rather reflects the dialogical and complementary relationship between religion and the state. In the fiqh siyasah perspective, the state is seen as having the legitimacy to adopt Islamic legal values oriented towards justice and public benefit into positive law.

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