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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 168 Documents
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Implementation of Article 17 Paragraph (1) of Lampung Governor's Regulation Number 36 of 2025 concerning cassava governance and downstream from the perspective of Siyasah Tanfidziyah Agung Romadon; Relit Nur Edi; Iip Nuruul Topani
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2529

Abstract

This study aims to analyze the implementation of Article 17 Paragraph (1) of the Lampung Governor's Regulation Number 36 of 2025 concerning Cassava Governance and Downstream and review it from the perspective of Siyasah Tanfidziyah. The article regulates the obligation of local governments to supervise the purchase or receipt of cassava stalls in order to create an orderly, fair, and protective trading system for farmers. This research uses a qualitative method. Data was obtained through interviews, observations, and documentation involving village heads, cassava stalls, and farmers in Sinar Rejeki Village, Jati Agung District, South Lampung Regency. The data was analyzed descriptively by linking the field findings with the provisions of laws and regulations and the theory of Siyasah Tanfidziyah.The results of the study showed that the implementation of Article 17 Paragraph (1) had not been running optimally. Supervision of business licensing, weighing marks, cassava quality, and trade systems still faces various obstacles, such as lack of coordination between agencies, limited field supervision, low awareness of business actors on business legality, and weak enforcement of sanctions for violations. This condition has led to the discovery of stalls operating without permits, a lack of transparency in transactions, and potential losses for farmers. Viewed from the perspective of Siyasah Tanfidziyah, the implementation of this policy has not fully reflected the principles of trust, justice, maslahah, hisbah, and tanfidz al-ahkam because supervision and enforcement of rules have not been carried out optimally. Therefore, it is necessary to strengthen supervision, improve coordination between agencies, continuous socialization, and stricter law enforcement so that the goals of cassava governance and downstream can be realized effectively and provide benefits to the community.
Analysis of the concept of istitho'ah in the Hajj bailout fund Muhammad Arsy
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2530

Abstract

This study aims to analyze the problems of the implementation of hajj bailout funds in Indonesia through a review of the concept of istitho'ah (ability). The phenomenon of long hajj queues has triggered financial institutions to offer instant financing schemes that have the potential to obscure the essence of financial independence in worship. Using the library research method, this article examines the classical jurisprudence literature on zad wa rahilah and synchronizes it with contemporary regulations such as DSN-MUI Fatwa Number 29 of 2002 and Law Number 8 of 2019. This study found that hajj bailout funds are legally permissible under the Qardh and Ijarah contracts. Nevertheless, from a philosophical perspective, the debt-based financing scheme tends to undermine the values of spiritual sacrifice and self-reliance in performing the hajj. The use of debt instruments in Hajj registration is seen as disrupting the stability of the national queue and creating a financial burden that is contrary to the principle of inner relief in worship. Therefore, a stricter policy reconstruction on access to bailout funds is needed to maintain the dignity of the hajj pilgrimage as an obligation for those who are truly able in real terms, not just administratively banking.
Fulfillment of rights and obligations of husbands with convict status according to Islamic law: A case study in Class IIB Correctional Institution in Sumedang Saddam Naufal; Harry Yuniardi; Ahmad Maula Hadi
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2594

Abstract

Marriage under Islamic law gives rise to reciprocal rights and obligations between husband and wife, including the obligation to provide physical and spiritual support inherent in the husband. However, imprisonment presents a situational obstacle that prevents these obligations from being fulfilled optimally. This study aims to describe the fulfillment of the rights and obligations of husbands of prisoners, identify the obstacles encountered, and analyze their impact on household life from an Islamic legal perspective. The study used a qualitative approach with a case study method at the Class IIB Sumedang Penitentiary (LAPAS). Primary data were collected through semi-structured interviews with three husband-convict informants, while secondary data were sourced from Islamic legal literature and relevant laws and regulations. The results of the study indicate three patterns of fulfilling physical support that depend on the economic conditions before detention: achieved through productive assets, partially achieved through savings, and not achieved due to a lack of resources. Fulfilling spiritual support was almost impossible for all informants due to physical limitations. From an Islamic legal perspective, imprisonment does not absolve a husband of his obligations, but rather shifts the mechanism for fulfilling them to a more adaptive one, based on the principles of al-masyaqqah tajlib al-taysir and ma la yudraku kulluhu la yutraku kulluhu . Unfulfilled obligations are not automatically abrogated but remain a debt that must be repaid upon the husband's release.
Women’s autonomy in marriage: A comparison of the marriage guardians of widows in the Sunni and Shia schools of thought in Muslim countries Rasty Azizah Putri; Tiswarni Tiswarni; Efrinaldi Efrinaldi
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2604

Abstract

This study aims to analyze the position of guardians in marriages for widows from the perspective of the Sunni schools of thought (Shafi'i, Maliki, Hanbali, and Hanafi) and compare it with the Shia Ja'fari school. The debate over the position of guardians in marriage contracts is a classic issue in the jurisprudence of munakahat (jurisprudence) and remains a significant topic of discussion in Islamic family law. The differences in views among these schools reflect the varying interpretations of scholars regarding women's authority to contract marriage, particularly for adult women such as widows.This study uses a normative legal method with a comparative approach through analysis of classical Islamic jurisprudential literature, family law regulations in several Muslim countries, and related academic studies. The results show that the majority of Sunni schools of thought, particularly the Shafi'i, Maliki, and Hanbali schools, require a guardian as a pillar or requirement for the validity of marriage, while the Hanafi and Shia Ja'fari schools provide greater leeway for adult women, including widows, to contract marriage independently.These differing views are also reflected in family law practices across Muslim countries. Indonesia and Malaysia, influenced by the Shafi'i school of thought, still require a guardian for marriage, while Iran, based on the Ja'fari Shia school, grants widows greater authority to marry independently. Meanwhile, Iraq and Jordan, influenced by the Hanafi school, demonstrate a more moderate approach, allowing some degree of autonomy for women within marriage.
The legal framework of sharenting practices from a contemporary fiqh perspective: A Maqasid al-Shari’ah analysis of children's privacy protection in the digital age Bobby Kurniawan; Sopa Sopa; Nabila Sopyan Aisya Putri
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2635

Abstract

The rapid development of digital technology and social media has given rise to a new parenting phenomenon known as sharenting, in which parents share photographs, videos, and personal information about their children through digital platforms. While this practice serves as a means of documenting children's development, sharing parenting experiences, and strengthening social interaction, it also raises significant ethical and legal concerns, including violations of children's privacy, the creation of permanent digital footprints, personal data exploitation, cyberbullying, and exposure to various forms of cybercrime. This study aims to examine the legal construction of sharenting from the perspective of contemporary Islamic jurisprudence through the framework of Maqāṣid al-Sharīʿah. This research employs a library research design using normative and analytical approaches. The data were collected from the Qur'an, Hadith, classical and contemporary Islamic jurisprudential literature, scholarly journal articles, and regulations concerning child protection and digital privacy. The findings were analyzed using the framework of Maqāṣid al-Sharīʿah, particularly the objectives of protecting life (ḥifẓ al-nafs), intellect (ḥifẓ al-ʿaql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that the legal status of sharenting is dynamic and depends on the balance between its benefits and harms. Sharenting may be considered permissible (mubāḥ) when practiced proportionately, does not expose the child's ʿawrah, does not disclose sensitive information, and serves legitimate educational or beneficial purposes. Conversely, it may become disliked (makrūh) or prohibited (ḥarām) when it threatens children's safety, dignity, privacy, or future well-being. Therefore, Muslim parents should exercise digital prudence and prioritize the best interests of the child in all forms of social media engagement.
An Islamic legal review of the dissemination of family conflicts on social media Antoni Hardiansah; Uswatun Hasanah
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2652

Abstract

The phenomenon of spousal conflict disclosure on social media (oversharing) has become rampant and shifted into cyber-public consumption in Indonesia. Exposing domestic flaws is utilized as an emotional venting mechanism to gain sympathy from netizens amidst a communication breakdown between partners. This study aims to analyze the causative factors behind the behavioral spreading of family conflicts on social media and to analyze the review of Islamic law and internet ethics toward the behavior of oversharing domestic conflicts on social media. This normative legal research, employing conceptual and case approaches, utilizes literature study as its data collection technique, sourcing from primary legal materials (The Al-Qur’an, Hadith, MUI Fatwa, KHI, ITE Law) and relevant secondary legal materials. The results indicate that based on the principle of hifdz al-irdh (safeguarding honor), the clothing philosophy in QS. Al-Baqarah: 187, and the prohibition of backbiting in QS. Al-Hujurat: 12, oversharing domestic conflicts is strictly forbidden. Such actions are categorized as digital backbiting since they violate the family dignity in KHI and risk violating Article 27A of the ITE Law. This phenomenon is driven by interconnected factors, including emotional venting, low digital literacy, cyber exhibitionism, and the degradation of the mediator's (hakam) role displaced by netizen trials. This study recommends the importance of strengthening sharia-based digital literacy for married couples and re-optimizing the role of family mediators as the primary solution for private and dignified conflict resolution.
Analysis of social construction and preventive efforts of child marriage practices after Law No. 16 of 2019: Study in Ponorogo Ashima Faidati; Nuril Farida Maratus
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2299

Abstract

Child marriage remains a socio-legal issue in Indonesia despite the enactment of Law Number 16 of 2019, which establishes 19 years as the minimum marriage age for both males and females. This study aims to analyze the social construction of child marriage practices following the change in marriage age regulation in Ponorogo Regency. This research employed a qualitative field study approach using in-depth interviews, participatory observation, and document analysis conducted in three research areas: Ngrayun, Sawoo, and Pulung Districts. The findings reveal that regulatory changes have not fully transformed social practices within the community. The persistence of child marriage is influenced by cultural norms, family economic pressures, pregnancies outside marriage, limited understanding of the consequences of child marriage, and the existence of marriage dispensation mechanisms as a legal pathway for underage marriage. This study demonstrates that child marriage is not merely a matter of legal compliance but represents the outcome of interactions between social values, cultural structures, economic conditions, and local institutions. Therefore, effective prevention requires a community-based approach through strengthening education, improving family economic empowerment, and enhancing collaboration among government institutions, religious organizations, and civil society.
A model for integrating artificial intelligence into dispute resolution in the religious courts of Malang: opportunities and challenges for SDG 16 R. Tanzil Fawaiq Sayyaf; Luciana Anggraeni; Elif Aydın
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2648

Abstract

This study examines the opportunities and challenges of integrating artificial intelligence (AI) into dispute resolution in the Religious Courts of Malang City and Malang Regency, Indonesia, and considers its potential relevance to Sustainable Development Goal (SDG) 16. Using a qualitative case study design, the research draws on interviews with three judges from the two courts, supported by observations and a review of relevant literature and documents. The findings indicate that existing judicial digitalisation provides a foundation for exploring AI-assisted services, but digital systems should not automatically be classified as AI. Potential applications include document management, information retrieval, administrative support, and assistance in preparing dispute resolution processes. However, their development raises concerns about data privacy, algorithmic bias, transparency, digital literacy, infrastructure, and institutional readiness. The study argues that AI integration should be approached cautiously, with appropriate legal and ethical safeguards and human oversight. Its potential contribution to SDG 16 depends not merely on technological efficiency but also on whether its use can support accessible, accountable, and fair justice.

Page 17 of 17 | Total Record : 168

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