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Wahyu Abdul Jafar
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Nusantara: Journal Of Law Studies
Published by PT. Islamic Research Publisher
ISSN : -     EISSN : 29643384     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Nusantara: Journal Of Law Studies is a double-blind peer-reviewed journal published by Islamic Research Publisher, Indonesia. The journal publishes research articles, conceptual articles, and book reviews of Law Studies (Aim and Scope). The articles of this journal are published tri-annually; March, July, and Desember. Aim and Scope Aim: Nusantara: Journal of Law Studies emphasize the concept and research papers on Law Studies, In particular, papers which consider the following general topics are invited but limited to Law Studies Scope: This Journal specializes in studying the theory and practice of Law, and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Law Studies Islamic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 53 Documents
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Reconstruction of Legal Protection for Nurses in the Provision of Hospital Nursing Care Based on Restorative Justice Endro Haksara; Shohibul Hilmi; Elyani; Jaka Kusnanta; Henning Glaser
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18357611

Abstract

Nurses play a central role in the delivery of healthcare services in hospitals, yet they remain vulnerable to legal risks arising from nursing practices, including allegations of malpractice and professional misconduct. Existing legal protections for nurses tend to emphasise punitive and procedural approaches, often neglecting principles of fairness, proportionality, and relational justice. This study aims to reconstruct the legal protection framework for nurses in the provision of hospital nursing care, grounded in the restorative justice approach. Employing a normative juridical research method, this study analyses statutory regulations, professional standards, court decisions, and relevant legal doctrines concerning nursing practice and health services. The findings reveal that current regulatory frameworks inadequately accommodate restorative mechanisms, resulting in legal uncertainty and psychological vulnerability for nurses during professional practice. This study proposes a restorative justice–based regulatory reconstruction that prioritises dialogue, accountability, victim recovery, and professional rehabilitation while maintaining patient safety and public trust. The reconstruction model emphasises mediation, proportional responsibility, and institutional support mechanisms as integral components of legal protection for nurses. This study contributes academically by offering a conceptual and normative framework for integrating restorative justice into nursing law and, practically, by providing policy recommendations for more humane, balanced, and sustainable legal protection in hospital nursing care.
Harmonization of Islamic Law and Local Wisdom: A Methodological Reconstruction of Ijtihad in Family Law Based on Yusuf al-Qaradawi’s Istinbāṭ Approach Imam Syafi'i; Ramdan Wagianto; Hawa’ Hidayatul Hikmiyah; Irzak Yuliardy Nugroho; Syaikhoni
NUSANTARA: Journal Of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies (In Press )
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18359276

Abstract

This article examines the harmonization of Islamic law and local wisdom in family law issues through the development of the ijtihad method from the perspective of Yusuf al-Qaradawi's istinbāṭ method. Given that contemporary Muslim family issues are increasingly complex, this study emphasizes the need for an istinbāṭ framework that maintains the authenticity of naṣṣ while being responsive to social realities. This study employs a qualitative-normative approach, using usul al-fiqh analysis, and examines al-Qaradawi's key concepts as instruments for integrating local wisdom. Data were collected from exploring library materials related to Yusuf al-Qaradawi's works within the framework of istinbāṭ that was developed. The results of this study show that Yusuf al-Qaradawi developed an istinbāṭ method called istinbāṭ at-taysīr with three types, namely intiqā’iy tarjīhiy, ibdā’iy insyāiy, and intiqā’iy insyā’iy. This method combines as-salafiy, which does not adhere to the opinions of the fiqh schools, and al-mażhabiy, which is guided by the opinions of the imams of the schools, by re-examining the various opinions of the scholars or conducting their own ijtihad and choosing the opinion that provides leniency, provides convenience, is in accordance with the conditions, and combines local wisdom, to realize the greater good. The contribution of this article lies in providing a methodological model to bridge the tension between textuality and contextuality in family law, while offering academics and policymakers a basis for formulating norms that are more just, relevant, and in line with the demands of modern society.
Stock Scalping and Shariah Legitimacy in Modern Capital Markets Nik Abdul Rahim Nik Abdul Ghani; Hanafi Nazri; Nurul Asikin Binti Abdul Razak
NUSANTARA: Journal Of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies (In Press )
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18357939

Abstract

The rapid advancement of financial technology has led to the emergence of various stock trading strategies, including scalping. Scalping is a short-term trading technique in which traders seek to profit from small price movements over very brief timeframes. Due to its fast-paced nature, scalping is often perceived as a high-risk strategy and has raised concerns regarding its compatibility with Shariah principles, particularly in relation to gambling (maisir) and excessive uncertainty (gharar). This study aims to examine scalping practices among stock traders in Malaysia, analyze the associated Shariah issues, and formulate Shariah-compliant guidelines for their implementation. This research employs a qualitative approach, combining content analysis of classical and contemporary Islamic legal sources with field studies involving stock market practitioners in Malaysia. Primary data were collected through in-depth interviews and observations, while secondary data were obtained from scholarly literature, fatwas, and relevant regulatory documents in Islamic finance. The findings indicate that scalping does not inherently involve prohibited elements such as maisir or gharar, if trading decisions are based on adequate technical and fundamental analyses rather than speculative assumptions. The study also finds that profits generated through scalping arise from natural market price movements driven by supply and demand dynamics, which are permissible under Shariah principles. This study contributes to the discourse on Islamic finance and muʿāmalāt by clarifying the Shariah status of scalping practices and offering practical guidance to support Shariah-compliant stock trading in the Malaysian capital market.

Page 6 of 6 | Total Record : 53

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