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Anwar Hafidzi
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Journal of Islamic and Law Studies (JILS)
Published by Universitas Islam Negeri Antasari Banjarmasin
ISSN : 26568683     EISSN : 26568683     DOI : 10.18592/jils.v5i1.4577
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The Journal of Islamic and Law Studies is a multi-disciplinary publication dedicated to the scholarly study of all aspects of science and of the Islamic in Indonesia. Particular attention is paid to works dealing with history geography political science economics anthropology sociology law literature religion philosophy international relations environmental and developmental issues as well as ethical questions related to scientific research. The Journal seeks to place Islam and the Islamic tradition as its central focus of academic inquiry and to encourage comprehensive consideration of its many facets; to provide a forum for the study of Islam and Muslim societies in their global context; to encourage interdisciplinary studies of the Islamic world that are crossnational and comparative; to promote the diffusion exchange and discussion of research findings; and to encourage interaction among academics from various traditions of learning.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 174 Documents
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DIGITAL INHERITANCE AND LEGAL VACUUMS: IMPLICATIONS FOR LEGAL CERTAINTY IN INDONESIA Salsabila, Saila; Sholihin, Rahmat
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17835

Abstract

The advancement of digital technology has generated new forms of wealth known as digital assets, which possess economic value and can be inherited such as cryptocurrency wallets, monetized accounts, and cloud-based data. However, the legal system in Indonesia, both in Islamic law and in national positive law, has yet to explicitly regulate the inheritance mechanisms of these digital forms of property. This paper addresses the central issue of how digital assets are positioned within inheritance law from the perspectives of Islamic jurisprudence and Indonesian positive law, and how the absence of legal regulation affects legal certainty and the protection of heirs. This research employs a qualitative methodology with a normative and conceptual approach, incorporating the study of classical Islamic legal texts, national legislation, and global digital platform policies. The findings indicate that digital assets can be classified as māl mutaqawwim, lawfully inheritable wealth based on the objectives of Islamic law (maqāṣid al-syarīʿah), particularly within the framework of ḥifẓ al-māl (protection of property). Nonetheless, the absence of technical provisions in the Compilation of Islamic Law (KHI), the Civil Code, and the Electronic Information and Transactions Law (ITE Law) creates legal uncertainty, impeding access and execution of digital inheritance by heirs. Therefore, a responsive and adaptive legal formulation is urgently needed to ensure justice and legal certainty in the inheritance of digital assets.
Elements of Islamic Law in Traditional Banjar Marriage "Jujuran" Viewed from a Historical Perspective Rusdiyah, Rusdiyah; Jazila, Muhammad Afwan; Firdausi, Karunia Imam; Azmi, Muhammad; Ilmi, Muhammad Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17836

Abstract

This study examines the jujuran tradition in Banjar society, a cultural practice where the groom's family provides monetary or material gifts to the bride's family during marriage rituals. Rooted in pre-Islamic customs, jujuran persists due to its alignment with Islamic principles when practiced as a cultural tradition. Using qualitative methods, including literature review and field observations, the study highlights jujuran as a symbol of respect, wedding support, and social prestige, distinct from mahr in Islamic law. The findings underscore the significance of jujuran in fostering family bonds and preserving cultural identity amidst modern social dynamics.
Interfaith Marriage in the Indonesian Legal System: An Analysis of Supreme Court Decision No. 1400 K/Pdt/1986 and Its Relevance to European Practice (A legal study of how the Indonesian Supreme Court handles interfaith marriage and a comparison with regul Halim, Abdul; Ramadhan, Rizqi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17837

Abstract

This article discusses the Supreme Court Decision No. 1400 K/Pdt/1986, which permits the registration of interfaith marriages in Indonesia as a response to the legal gap in the Marriage Law. Using a normative approach, a statute approach, and a comparative approach, this study finds that the Indonesian legal system emphasizes religious legitimacy before marriage registration is carried out. In contrast, the legal systems in the Netherlands and Turkey base marriage validity primarily on civil registration. Based on these findings, the study recommends adopting a European-style civil registration system to ensure legal certainty while respecting religious diversity in Indonesia.
TRADE SECRETS IN THE PERSPECTIVE OF ISLAMIC LAW Haris, Muhammad; Ridani, Muhammad Noor
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17838

Abstract

In business, there must be some information that is confidential, has economic value and is kept confidential by the business owner. This confidential information is called a trade secret. The concept of trade secrets is more related to the legal protection of valuable business information, such as product formulas, product designs, recipes, production methods, or customer data. The method used in this study is the normative legal research method, namely library legal research based on legal materials. The results of this study indicate that Trade Secrets are information that is not known to the public in the field of technology and/or business, has economic value because it is useful in business activities, and is kept confidential by the owner of the Trade Secret. A trade secret will receive protection if it meets the requirements, namely: 1) It is confidential, 2) It has economic value, 3) There are efforts to maintain confidentiality. According to the Islamic view, trade rights, copyright, trade secrets and non-material rights which have economic value are equivalent to material rights which are protected by sharia. Islam really respects and protects property which is a form of a person's ownership. Islam provides protection for individual rights regarding al-mal in the concept of al-masalih al-khamsah (five maslahah that must be safeguarded) which is included in the category of hifdz al-mal (protecting property). This is stated in the holy verses of the Qur'an and authentic hadiths which state that trade secrets are property rights that must be protected, so that anyone who leaks trade secrets to other people is violating the rules of Islam.
ANALYSIS OF THE CONCEPT OF UJRAH ON THE HABIT OF EXCHANGING MONEY BEFORE EID AL-FITR IN BANJAR SOCIETY FROM THE PERSPECTIVE OF HIZFH AL-MAL Fateya Rahman, Ahmad Reysa; Kuratulaini, Kuratulaini; Syahrida, Laily
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17843

Abstract

The custom of the Banjar people when approaching Eid al-Fitr is to exchange money, this habit aims to break one large denomination of money into several small denominations to brokers, and in paying for this service brokers usually set a tariff of 10%-20% depending on the nominal as a form of ujrah. The method used in this research is descriptive normative law with a qualitative approach in analysing the concept of money exchange ujrah in Banjar society in the perspective of Hizfh al-mal. The results of this study indicate that the habit of exchanging money in the Banjar community can facilitate the community and shorten the time in its activities, compared to exchanging money at an official bank. The service fee set by brokers or sellers is relevant to the concept of ujrah sharia and does not contradict one of the focussed maqasid sharia, namely hifz al-mal.
Correlation of the Civil Code and Human Right Regarding Debt Dipute Settlement Analysis of the Concept of Walfare and Justice in Islamic Law Fajariah, Fajariah
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17845

Abstract

Debt disputes are common issues in social life and encompass both civil law and human rights dimensions. The Indonesian Civil Code (KUHPerdata) provides a normative legal framework for resolving such disputes, while Law No. 39 of 1999 on Human Rights emphasizes the protection of individual dignity and rights, including the right to fair treatment in legal proceedings. However, in practice, the resolution of debt disputes often overlooks substantive justice and humanitarian considerations, particularly for debtors who are in vulnerable financial situations. This study aims to analyze the correlation between the Civil Code and human rights in the context of debt dispute resolution, and to explore alternative solutions through Islamic legal approaches that emphasize the principles of public interest (maslahah) and justice (‘adl). The research method used is normative legal research, employing both statutory and conceptual approaches. The findings reveal that Islamic law offers a more holistic paradigm for dispute resolution, taking into account the social and moral conditions of the parties involved, without neglecting their legal rights and obligations. A resolution model based on maslahah and ‘adl not only provides legal justice, but also promotes humanity, empathy, and sustainable solutions.
Legal Conflict In Marriage Registration: Between Compliance With Regulations And Practices In Society (Analysis Of Unregistered Marriage Cases Based On The Perspective Of Law No. 1 Of 1974 And The Compilation Of Islamic Law) Firdaus, Muhammad Adhitya; Zuhdi Irfandi, Muhammad Sholeh; Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17846

Abstract

Marriage is a sacred union desired by every married couple to build a household and have descendants. According to Article 2 paragraph 2 of Law Number 1 of 1974, a marriage is legally valid only when registered. This research analyzes the perspectives of Law Number 1 of 1974 and the Compilation of Islamic Law on unregistered marriages and their legal consequences using a library research and qualitative-statute approach.
Analysis of Judges' Decisions in Sharia Economic Disputes in Religious Courts (Case Study of Murabahah Agreement Cancellation Lawsuit) Fajarina, Mentari
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17847

Abstract

This study aims to analyze the pattern of judges' considerations in resolving Islamic economic disputes, particularly those related to lawsuits regarding the annulment of murabahah contracts in Religious Courts. The rapid growth of the Islamic economy in Indonesia has encouraged the use of murabahah contracts as a primary financing instrument, but at the same time, various legal enforcements have emerged due to violations of conditions, defaults, and non-compliance with contract implementation. The variation in judges' considerations in resolving these disputes raises questions about the consistency and quality of decisions, both in terms of the application of Islamic principles and civil law aspects. This study uses a juridical-normative method and a case study approach. Primary data were obtained from an analysis of judges' decisions on ten cases of lawsuits regarding the annulment of murabahah contracts in Religious Courts across Indonesia. Data collection was conducted through a study of court decision documents, literature related to the Compilation of Islamic Economic Law (KHES), and relevant laws and regulations. Secondary data were obtained through interviews with legal practitioners and Islamic economic experts to strengthen the analysis. This study analyzes judges' decisions in resolving Islamic economic disputes, particularly lawsuits regarding the annulment of murabahah contracts in Religious Courts. The development of the Islamic economy in Indonesia has encouraged the widespread use of murabahah contracts as a financing instrument, but has also given rise to various legal enforcement actions due to violations of conditions, defaults, or non-compliance with contract implementation. Religious Courts play a crucial role in resolving these disputes, with absolute authority based on laws and regulations and the Compilation of Islamic Economic Law (KHES). However, in practice, judges' decisions often exhibit variations in legal reasoning, both in the application of Islamic principles and civil law, raising questions about the consistency and quality of decisions. This study aims to provide a comprehensive overview of the patterns of judges' reasoning, the obstacles encountered, and recommendations for improving the quality of decisions in accordance with Islamic economic principles. Through case studies of ten decisions by Religious Courts in various regions, this research is expected to enrich the academic literature and provide practical contributions to the development of a fairer and more legally certain Islamic economic settlement system in Indonesia.
Determination Of Applicable Law In Mixed Marriages : Analysis Of The Principle Of Choice Of Law In The Indonesian Legal System ( A Study Of How Indonesian Law Determines The Applicable Jurisdiction In Mixed Marriages Based On Law No.1 Of 1974 And Internat Abdurahman, Abdurahman; Basit, Abdul; Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17848

Abstract

This study analyzes the applicable law in mixed marriages in Indonesia, focusing on choice of law principles in national and international law. Using normative juridical methods, it examines jurisdictional issues under Law No. 1/1974 and international law, finding that lex loci celebrationis and parties' national laws determine validity. The study highlights the need for legal harmonization to ensure protection and justice.
Harmonization of Islamic and Conventional Banking Law in Dual Banking System (Digital Transformation and Progressive Innovation) Sari, Ayu Puspita
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17849

Abstract

This study examines the harmonization of Islamic and conventional economic law within dual banking systems through progressive innovation and digital transformation. The research employs a normative legal approach combined with comparative analysis to investigate how dual banking systems can effectively integrate Islamic principles with conventional banking practices while maintaining regulatory coherence. The study reveals that successful harmonization requires comprehensive legal frameworks that accommodate both systems' distinct characteristics while leveraging digital technologies to enhance operational efficiency and regulatory compliance. Key findings indicate that progressive innovation in financial technology, coupled with adaptive regulatory frameworks, can facilitate seamless integration between Islamic and conventional banking operations. The research contributes to the understanding of how dual banking systems can evolve to meet contemporary financial demands while preserving the integrity of Islamic principles and conventional banking practices.Maximum 500 characters (with spaces)

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