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Syarah: Jurnal Hukum Islam dan Ekonomi
Published by Institut Agama Islam Negeri Lhokseumawe
ISSN : 23029978     EISSN : 27152642     DOI : -
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Social Sciences
Syarah: Journal of Islamic Law and Economics invites scholars, researchers, and students to contribute the results of their studies and researchers in the fields related to Islamic law and Economics which includes textual investigations, both in terms of theory and practice of Islamic law and economics and fieldwork related issues updated with the perspective of the Koran, Hadith and Ijma. This journal warmly welcomes contributions from scholars from related fields who consider the following general topics; (1) Sharia Economic Law, (2) Agreement Law in Islam; (3) Comparative Law on Economics; (5) Community Economic Institutions; (6) Civil, Economic, Business (Conventional) Law; (6) Contemporary Islamic Legal though; (7) The Law of Zakat and Waqf; (8) Anthropological Law and Sociological Law;
Arjuna Subject : Umum - Umum
Articles 9 Documents
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Search results for , issue "Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi" : 9 Documents clear
Regulation of Electronic System-Based Trade in the Framework of the ASEAN Economic Community and its Implications for Indonesia Sommaliagustina, Desi; Daulay, Zainul; Delfiyanti, Delfiyanti; Elvardi, Jean
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.4072

Abstract

Electronic trading (PMSE) facilitates transactions, both nationally and internationally. This study aims to examine PMSE regulations within the scope of the ASEAN Economic Community (AEC) and their impact on consumers in Indonesia. This study employs a normative legal method with a descriptive-prescriptive approach. Data collection was conducted through literature review, while data analysis was performed descriptively. The results of the study reveal that PMSE regulations in ASEAN are governed by the ASEAN Blueprint, the ASEAN Charter, and the ASEAN Agreement on E-Commerce (AAEC). The AAEC consists of 19 articles, covering various aspects such as cooperation mechanisms and scope, facilitation of cross-border electronic commerce, cybersecurity, digital payment systems, logistics, transparency, dispute resolution, and agreement implementation. These regulations aim to strengthen cross-border trade in ASEAN, create a business environment that supports Small and Medium Enterprises (SMEs), and strengthen cooperation among member countries to accelerate inclusive economic growth and reduce disparities in the region. Regarding the impact of the ASEAN trade agreement on Indonesian consumers following the implementation of Law No. 4 of 2021, it was found that there are still other national regulations governing e-commerce, including the Electronic Information and Transactions Law (EIT Law), the Trade Law, and Government Regulation No. 82 of 2012 on the Implementation of Electronic Systems and Transactions.
Problems in Enforcing the Liquor Prohibition Regulation Wahib, Moh.; Rohman , Baitur; Irawati, Dewi
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.4995

Abstract

Enforcing local regulations prohibiting alcoholic beverages in Papua is a complex challenge that requires a comprehensive understanding of the legal framework, law enforcement practices, and community dynamics. This study aims to analyze the challenges of enforcing the prohibition of alcoholic beverages in Papua Province. The researcher seeks to explore the substance of the prohibition of alcoholic beverages in Papua Regulation No. 15 of 2013 and its legal status within the Indonesian legal framework. The results of the study reveal that the substance of Papua Regulation No. 15 of 2013 is to completely ban the production, distribution, sale, and consumption of alcoholic beverages. This legal status is legally contrary to the principle of the hierarchy of laws based on the principle of "Lex Superiori Derogad Lege Inferiori." This Regional Regulation was revoked by the Minister of Home Affairs via Letter No. 188 34-3629 of 2016. However, to protect the public from the negative impacts of alcoholism, the Governor of Papua continued to enforce the Regional Regulation. The Governor of Papua, from a progressive legal perspective, has set aside the principle of legal certainty for the sake of humanity; however, within the context of a rule-of-law state, this violates the principle of "due process of law."
Hifzh Mal: Premium Payment Due at PT Takaful Keluarga RO Al-Jannah Agency Sagulung Batam Sukur Indra, Fadhila; Faila, Febri; Muhammad Fuad, Andi; Baharuddin, A Zamakhsyari
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.5955

Abstract

The term premium in insurance is no longer unfamiliar to the public, including insurance customers. Premiums are paid on a regular basis (monthly, quarterly, semi-annually, or annually). However, many customers face financial or non-financial difficulties that result in late premium payments, as was the case with insurance customers at PT Takaful Keluarga RO Al-Jannah Agency Sagulung Batam. The difficulties experienced also impact individuals and companies, including insurance companies, due to the large number of participants who are late in paying their premiums. This study aims to examine the issue of late premium payments at PT Takaful Keluarga RO Al-Jannah Agency Sagulung, Batam, and how premium payment delays are viewed from the perspective of the maqasid syariah hifz mal. This study is a field study using qualitative methods, with data collection techniques through interviews and observations. Analysis was conducted using inductive reasoning. The research findings indicate that, from the perspective of the maqasid syariah hifz mal, delays in premium payments by customers do not affect the benefits customers receive from insurance products. However, if customers consistently fail to make premium payments, their insurance policies will automatically become inactive or void, and customers will lose the benefits they receive.
A Comparative Study of Permission for Polygamy in Islamic Marriage Law: The Cases of Indonesia and Brunei Darussalam Mustafid, Mustafid; Akbarizan, Akbarizan; Abdul Munir, Akmal; Faiz Algifari, Muhammad
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.5977

Abstract

Polygamy is a sensitive issue in Islamic marriage law, which is regulated differently in each Muslim country. Indonesia and Brunei Darussalam both adhere to Islamic law, but have different legal approaches to granting permission for polygamy. This study will explore the legal provisions regarding permission for polygamy in Islamic marriage regulations, and will also discuss the similarities and differences in the procedures for granting permission for polygamy between Indonesia and Brunei Darussalam. This study is a comparative normative legal study utilizing the statute approach and comparative approach. The results of the study indicate that Indonesia and Brunei Darussalam both require permission for polygamy based on the principles of fairness and the husband's financial capability, but differ in their procedures and penalties. In Indonesia, permission must be obtained through the Religious Court with the consent of the first wife, while in Brunei, permission is granted by a judge with a penalty of a $2,000 fine for those who marry without written permission. This difference reflects Indonesia's more flexible legal system compared to Brunei, which enforces Islamic law more strictly.
Implementation of Sharia Principles in Financing Micro, Small and Medium Enterprises in Rural Areas Yuliana, Yuliana; Faisal , Faisal; Herinawati, Herinawati; Muhammad Rasyid, Laila
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.6032

Abstract

PT PNM Mekaar Syariah is an institution engaged in sharia financial services that provides financing in the form of capital to support business actors in developing their businesses. Even if the business fails, customers are still required to repay their loans. This study aims to determine the implementation, obstacles, and efforts in applying sharia principles to micro, small, and medium enterprise financing at PT PNM Mekaar Syariah Blang Mangat. This research is a qualitative study using a legal-empirical approach with a descriptive nature. The research data used are sourced from primary and secondary data. Primary data were obtained from observations and interviews, while secondary data were obtained from books, articles, and relevant scientific publications. The research data was systematically organized, beginning with data reduction, data presentation, and conclusion drawing. The research findings revealed that the implementation of Sharia principles and contracts by PT PNM Mekaar Syariah Blang Mangat Branch has not fully adopted Sharia principles, as evidenced by its operational practices not fully adhering to the murabahah system. The obstacles encountered by customers are that they often choose financing not for business purposes but for personal needs. This can lead to various challenges such as late payments, increased personal expenses, and difficulties in managing customer business operations. Efforts made include actively monitoring customers to detect potential late payments or defaults early on.
An Islamic Criminal Law Study of Financial Crimes in Modern Sharia Businesses Adam Nasution, Liantha; Harahap, Mhd Yadi
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.6033

Abstract

The increasing complexity of modern finance requires a strong ethical and legal framework. Islamic law offers a foundation such as Sharia principles that can effectively curb economic violations. This study develops an integrative framework by integrating fiqh al-jinayah into corporate management and offers targeted policy recommendations. Using a normative-doctrinal methodology, this research combines a comprehensive literature review with thematic content analysis of corporate Sharia policies and a comparative examination of Sharia-compliant and non-Sharia-compliant practices. The study's findings indicate that empowering the Sharia Supervisory Board (DPS) and conducting internal Sharia audits to institutionalize the values of amanah, siddiq, and ta'zir significantly enhances transparency and accountability. These measures help prevent embezzlement, fraud, and money laundering while promoting profit-sharing financing models. The moral approach of Sharia law complements the existing legal regime by addressing the root causes of corporate misconduct, linking divine accountability with procedural rigor. The research contribution seeks to align corporate regulations by incorporating ta'zir-based sanctions for financial violations, explicitly granting the Sharia Supervisory Board (DPS) sanctioning authority, and implementing ethics-based capacity-building programs for executives and board members. This initiative paves the way for integrating Islamic legal principles into modern business processes and strengthening corporate governance with a Sharia-based value orientation.
Opportunities and Challenges of Implementing the Minister of Foreign Affairs Regulation in the Practice of Buying and Selling Used Clothes Kawakib, Kawakib; Zaman, Q.
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.6066

Abstract

Although there is a ban on the import of used clothing as stipulated in the Regulation of the Minister of Trade Number 51/M-DAG/PER/7/2015. However, the practice of buying and selling imported used clothing in Central Market, Pontianak City is still quite rampant. This study aims to analyze the opportunities and challenges in the implementation of the Minister of Trade Regulation Number 51/M-DAG/PER/7/2015 in the context of the local economy. The research method used was a qualitative approach by conducting in-depth interviews with traders, suppliers, and government officials. The results show that the practice of selling used clothing continues due to high consumer demand for affordable and quality products. There is a gap between policy and reality on the ground, where traders continue to sell used clothing to meet market needs. Thus, there is a need for dialog between the government and business actors to formulate policies that are more inclusive and responsive to the needs of local market consumers, especially in Pontianak City.
The Relevance of Hudud and Ta'zir in Corruption Law Enforcement through the Perspective of Islamic Criminal Law Fadzar, Angga; Syakira, Azmi; Khotijah, Khotijah; Citra Ramadhan, Rere; Robiansyah, Firman
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.6118

Abstract

Corruption is a serious crime that has a widespread impact on the state and society. However, law enforcement efforts still face various structural and implementation obstacles, such as weak deterrent effects, political intervention, and inconsistent court decisions. This study aims to explore the relationship between the concepts of hudud and ta'zir in Islamic criminal law and efforts to combat corruption within the framework of modern law. The research method used is qualitative through literature review, examining classical fiqh texts, national legislation, and relevant scientific literature. The results of the study indicate that corruption does not fall under the category of hudud because it does not meet the technical and substantive requirements determined by sharia. However, corruption can be classified as a ta'zir crime, which gives judges or authorities the flexibility to impose penalties based on the severity of the crime, ranging from fines, asset recovery, removal from office, to the death penalty in cases that cause widespread harm to the state. Compared to Indonesia's positive legal system, which tends to be weak in enforcing strict sanctions, the principles of ta'zir are considered more responsive and adaptive. Therefore, this finding recommends that the principles of ta'zir be used as a normative and philosophical reference in the formulation of national legal policies to create a more fair, strict, and socially just system for enforcing anti-corruption laws.
Legal Review of Islam on the Prohibition of Marriage Contracts between Eid al-Fitr and Eid al-Adha Rifal, Muh; Muchtar, M. Ilham
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.6163

Abstract

This study examines the local tradition that prohibits the performance of marriage contracts between the two Islamic holidays (Eid al-Fitr and Eid al-Adha), as still practiced by some communities, such as those in Gentungang Village, West Bajeng Subdistrict, Gowa Regency, South Sulawesi. This tradition is an interesting phenomenon because it contradicts the fundamental principles of Islamic law, which does not specify a specific timeframe for conducting marriages. This study aims to assess the compatibility of this tradition with Islamic legal provisions through a legal-normative approach based on the Quran, hadith, fiqh principles, and the concept of 'urf (custom). The results of the study indicate that the tradition of prohibiting marriage between the two holidays falls under the categories of 'urf fi'li and 'urf khas, but does not meet the criteria for 'urf shahih because it contradicts Islamic legal evidence, such as the hadith encouraging marriage in the month of Shawwal. Additionally, this prohibition causes harm by restricting individuals' rights to marry, which, in principle, must be eliminated in Islamic law. Therefore, this study recommends legal education for the public to clarify understanding and promote the reconstruction of moderate and contextual religious values. The integration of religious norms and local culture remains important, but it must be done without violating the principles of Sharia.

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