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Journal of Sharia and Legal Science
Published by CV. Doki Course and Training
ISSN : 29887119     EISSN : 2987601X     DOI : https://doi.org/10.61994/jsls
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family law, Islamic economic law, business law, civil law, Islamic constitutional law, constitutional law, international law, environmental law, agrarian law, law state administration, customary law, human rights. It is published three times a year, in April, August and December. There are two version of publication; print out (p) with ISSN: 2988-7119 and electronic (e) with ISSN Online: 2987-601X.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 83 Documents
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Fiqih Al-Aqalliyyat dalam Perspektif Wasathiyyah: Analisis Pemikiran Abdullah bin Bayyah Lola Yuanda Arlinza; Moh Khusen; Saskia Afridah; Suke Indah Khumaero
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1574

Abstract

This study aims to analyze in depth the concept of fiqh al-aqalliyyat from the perspective of wasathiyyah based on the thought of Abdullah bin Bayyah, as well as explain the contribution of this concept to the development of minority Muslim fiqh today. The focus of the research is on the methodological aspect in the formation of Islamic law for minority Muslim communities who often face conflicts between the normative provisions of sharia and modern social conditions. This study uses a qualitative approach with normative and conceptual analysis methods of the main work of Abdullah bin Bayyah as a primary data source, supported by various jurisprudence literature and contemporary Islamic thought. The findings of the study show that there is a pattern of legal thinking that emphasizes maqāṣid al-syarī'ah, the principle of maslahat, and the value of moderation (wasathiyyah) as the main framework in Fiqh al-Aqalliyyat. The conclusion of the study underlines that the added value of this study lies in the systematic elaboration of the relationship between wasathiyyah and Fiqh al-Aqalliyyat, which has not been explicitly explained in previous research.
Dampak Cyberbullying di Kalangan Mahasiswa dalam Perspektif Maqasid Syariah Bela Meydarista; Eka Ramalia; Dilla Septiani; Nengsih Ari Saputri; Andini salsabila; Sri Mulyani
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1405

Abstract

This study aims to analyze the phenomenon of cyberbullying among university students and examine its impact from the perspective of maqāṣid al-syarī‘ah. The study used mixed methods with a quantitative approach through a survey of 100 students of the Faculty of Sharia and Law of UIN Raden Fatah Palembang, and a qualitative approach through normative analysis of Islamic literature. Data were analyzed using descriptive statistics and content analysis techniques. The results showed that 48% of respondents had been victims of cyberbullying, 80% had witnessed it, and 32% admitted to having been perpetrators. The most dominant forms were body shaming and flaming. The main contributing factors were environmental normalization, venting of personal problems, and motivation to gain power and attention. The impacts include mental health disorders, decreased academic performance, loss of self-confidence, social disruption, and psychological trauma. In the perspective of maqāṣid al-syarī‘ah, cyberbullying is proven to violate five main principles: ḥifẓ al-dīn through the degradation of moral values, ḥifẓ al-nafs through threats to mental health, ḥifẓ al-‘aql through intellectual dysfunction, ḥifẓ al-nasl through the damage to social relations and the quality of generations, and ḥifẓ al-māl through the potential loss of productivity and the economy. This research contributes to expanding the study of maqāṣid al-syarī‘ah into the context of contemporary digital ethics, and emphasizes that cyberbullying is a form of mafsadah that must be prevented through educational, normative, and social approaches based on Islamic values.
Etika Qur’ani dan Fiqh al-Bi’ah sebagai Landasan Kebijakan Ekologis: Pendekatan Normatif untuk Memperkuat Kesadaran Masyarakat Mandailing Natal Zul Fahmi; Affan Muhammad Hasibuan; Pebriyanti Pebriyanti; Rosdewi Pulungan; Asrofi Asrofi; Hamza Naziru Zakari
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1562

Abstract

This study examines the normative foundations of the Qur’an, fiqh al-bi’ah, and maqasid al-shari’ah as a basis for preventing destructive practices in Mandailing Natal (Madina) and evaluating the integration of Islamic norms with technical policies and remedial actions. This study uses a normative research method with a hermeneutic and fiqhiyyah approach, through reading the Qur’an and tafsir, as well as analyzing the principles of fiqh al-bi’ah and maqasid al-shari'ah. Data sources include scientific literature, regulations, MUI fatwas, field reports, and media archives, which are analyzed qualitatively-descriptively and triangulated with empirical evidence. The results show that Qur’anic and fiqhiyyah textual arguments affirm the normative obligation to maintain mizan and prevent fasad. Empirical findings confirm mercury pollution from Artisanal and Small-Scale Gold Mining (ASGM), coastal ecosystem degradation due to destructive fishing practices, and river waste accumulation that exacerbates health and livelihood vulnerabilities. This study also identifies gaps in the implementation of national policies at the local level, limited access to mercury-free technology, and weak regional operational regulations, which delay the internalization of ecological awareness. Based on these results, the study recommends strengthening policies based on maqasid al-shari’ah through district fatwa interventions and contextual regional regulations, thematic da'wah for behavioral change, adoption of mercury-free technology substitutes, and sharia financing mechanisms to support remediation and mitigation. This study is limited to normative and textual analysis without field testing, so further empirical research is recommended to assess the effectiveness of implementing Sharia-based ecological policies in Madina.
Jasa Promosi Video agar FYP di Aplikasi Tiktok dalam Kajian Hukum Ekonomi Syariah M Kemas Setiawan; Yuswalina Yuswalina; Dodi Irawan
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1674

Abstract

Social media is a digital platform that allows users to interact, share information, and engage in various activities, including digital-based economic activities. One rapidly growing platform is TikTok, which serves not only as an entertainment medium but also as a means of promotion and marketing through its For You Page (FYP) feature. This study aims to analyze the video promotion service system on the TikTok application and review this practice from the perspective of Islamic economic law. The research method used is a normative juridical approach with a qualitative approach, namely through a literature study of various legal sources and relevant literature. The results show that video promotion services on TikTok are a form of service aimed at increasing the reach and visibility of content through the platform's algorithmic mechanism. This practice involves a contractual relationship between the service provider and the service user who conduct transactions based on a specific agreement. From the perspective of Islamic economic law, the practice of video promotion services to achieve FYP can be categorized as an ijarah contract, namely an agreement to utilize services for a certain fee. As long as it meets the pillars and requirements of the contract, such as the existence of an agreement, clarity of the service object, and does not contain prohibited elements, this practice is considered compliant with Islamic principles. This research contributes to understanding how digital economic practices, particularly in social media, can be analyzed and integrated within the framework of Islamic economic law.
Disparitas Hakim Dalam Menentukan Cacat Formil Error In Persona Pada Perkara Ekonomi Syariah: Studi Komparatif Putusan Pengadilan Fatia Hanifa; Qodariah Barkah
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1677

Abstract

The purpose of this study is to determine the legal basis of judges’ considerations in identifying formal defects of error in persona in Islamic economic disputes, as reflected in Decision Number 393/Pdt.G/2023/MS.Bna and Decision Number 2275/Pdt.G/2023/PA.Plg, as well as to analyze the factors contributing to judicial disparities in determining such defects based on these two decisions. This research employs a normative/dogmatic legal method using the statute approach, conceptual approach, and case approach, aimed at examining statutory regulations, Civil Procedure Law, and relevant legal literature. The findings indicate that in examining and determining the formal defect of error in persona, particularly in the form of a misdirected or improperly addressed claim in an Islamic economic case, the panel of judges in Decision Number 393/Pdt.G/2023/MS.Bna upheld the defendant’s error in persona exception, resulting in the plaintiff’s claim being declared inadmissible. Furthermore, the factors contributing to judicial disparities in determining the error in persona exception, based on the two decisions, include the substance of the defendant’s exception and whether it is substantiated and legally grounded, the judges’ interpretative discretion, and differences in the legal bases applied by the judges
Metacrime and Online Deviance: Law Enforcement Complexities in the Metaverse Era Henky Fernando; Yuniar Galuh Larasati
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1679

Abstract

Law enforcement in the metaverse era has placed authorities and policymakers in increasingly complex challenges of prevention and enforcement. While existing studies offer valuable insights, they remain limited in addressing the emerging dynamics of crime within conventional digital environments. In addition to addressing the limitations of existing studies, this research aims to explain the characteristics of online crime and deviant behavior in the Metaverse and their implications for law enforcement practices. This study adopts a qualitative descriptive approach grounded in multimodal ethnography to elucidate the patterns, operational modalities, and forms of impact that emerge within immersive environments. The key findings indicate that crime in the Metaverse not only transcends the characteristics of conventional violations but also generates more complex forms of symbolic, psychological, and virtual economic harm. Anonymity, cross-jurisdictional interactions, and avatar-mediated engagement further complicate the attribution of legal responsibility. In other words, the transformation of digital spaces necessitates more responsive regulatory adaptation to ensure effective legal protection. The significance of this study lies in its contribution as a conceptual foundation for the development of policies and law enforcement strategies in the metaverse era.
Pelecehan Seksual di Lingkungan Pendidikan Tinggi dalam  Perspektif    Maqashid al-Syariah Fatimah Khosiyyah Setyaningrum; Wan Hamidah Febry Waty; Deswita Putri Salsabilah; Habil Habil; Tiara Ardita; Ahmad Fauzan
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1456

Abstract

Sexual harassment in higher education is a serious problem that impacts the psychological, academic, and social well-being of students. This phenomenon occurs not only in physical forms, but also verbally and digitally, which is increasingly growing with the use of social media and communication technology. This study aims to analyze the phenomenon of sexual harassment in higher education and examine its impact and prevention efforts from the perspective of Maqashid al-Syariah. This study uses a descriptive qualitative method with a library research approach. Data were obtained from various sources such as scientific journals, books, laws and regulations, and reports from related institutions, which were analyzed descriptively and analytically. The results show that sexual harassment in higher education is influenced by power relations, a culture of seniority, a low understanding of consent, and weak institutional protection systems. Victims of sexual harassment experience multidimensional impacts such as psychological trauma, decreased academic quality, and obstacles in social interaction. From the perspective of Maqashid al-Shariah, sexual harassment violates the principles of protecting honor (ḥifẓ al-‘ird), the soul (ḥifẓ al-nafs), the mind (ḥifẓ al-‘aql), and the lineage (ḥifẓ al-nasl). Therefore, comprehensive prevention and response efforts are needed through strengthening education, a victim-friendly reporting system, and strengthening campus policies to create a safe and dignified educational environment.
Dominasi Cerai Gugat di Pengadilan Agama Baturaja: Kesadaran Hukum Perempuan dalam Perspektif Hukum Islam Syabilla Putri Ellfia; Ananda Meva Ayudia; Cindy Marsya Syafitri; Mesa Agung; Aisya Nola; Cindy Wulandari
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1457

Abstract

The phenomenon of divorce litigation in Indonesia has experienced a significant increase, dominated by lawsuits filed by wives. This study aims to analyze the factors causing the dominance of divorce litigation in the Baturaja Religious Court, Ogan Komering Ulu Regency, and to examine women's legal awareness from an Islamic legal perspective. The study used a qualitative approach with field research. Data were obtained through interviews, observation, documentation, and literature review. The results show that from January to April 2025, the Baturaja Religious Court handled 275 divorce cases, of which 238 were divorce litigation cases. The main factors driving women to file for divorce include economic problems, domestic violence, infidelity, relationship disharmony, psychological stress, and considerations for the future of children. This study also found that increased education, access to information, and legal aid have contributed to increasing women's legal awareness in fighting for their rights through formal channels. From an Islamic legal perspective, this phenomenon reflects the application of the principles of al-'adl (justice) and al-maslahah (benefit) as an effort to protect the rights of women and children. Thus, the increase in divorce cases not only indicates social change in Indonesian Muslim society, but also the development of women's legal awareness in line with the principles of justice in Islamic law.
IPOT Syariah dan Layanan Investasi Saham dalam Perspektif Hukum Ekonomi Syariah Armiyanti Sistira; Syafran Afriansyah; Hana Pertiwi; Syarif Ali Akbar; Lusiana Lusiana
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1683

Abstract

This study aims to analyze the role of IPOT in providing stock investment services and examine its compliance with the principles of Sharia Economic Law. The study uses a normative legal method with a library research approach through analysis of literature, regulations, and concepts of Sharia Economic Law related to stock investment and the samsarah contract. The results show that IPOT plays a strategic role in the capital market ecosystem through the provision of online stock trading services, access to market information and investment research, portfolio management services, investment education, technology development, and collaboration with the financial industry. From a Sharia Economic Law perspective, IPOT's service mechanism has fulfilled the pillars and requirements of buying and selling, particularly regarding the ijab and qabul (contract) expressed through user agreement to the terms of service on the digital platform. Furthermore, IPOT's service practices are transparent, fair, and clear, thus aligning with Sharia principles. IPOT's role as a broker (simsar) is also considered to be in accordance with the samsarah contract because it has fulfilled the pillars and requirements stipulated in Sharia Economic Law.
Jarimah Ta'zir dalam Penyebaran Konten Inses di Facebook Berdasarkan Maqashid Syariah Andriyani Andriyani; Bela Meydarista; Nia Ramadhani; Radja Risky Ramadhan; Tiara Ardita; M. Reza Ramadhan; M. Ryan Hidayat
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.2020

Abstract

The phenomenon of the exposure of the Facebook group Incestuous Fantasi shows that social media can be a means of spreading pornographic content containing incest that involves sexual exploitation, including against children. This study aims to analyze the spread of incest content on Facebook from the perspective of Islamic criminal law, examine the basis for determining ta'zir jarimah sanctions against the perpetrators based on the fiqh of maqāṣid al-syarī'ah, and explain the relevance of the principles of saddu al-dzarī'ah and siyāsah syar'iyyah in overcoming these digital crimes. This study is a normative legal research with a conceptual approach. The results of the study indicate that the spread of incest content on Facebook is an act that falls into the category of ta'zir jarimah because there is no hadi provision that explicitly regulates the sanctions, but the act fulfills the elements of spreading fāḥisyah and ta'āwun 'alā al-itsm which are prohibited by sharia. The determination of ta'zir sanctions has a strong basis in the maqāṣid al-syarī'ah because it aims to protect religion (hifẓ al-dīn), soul (hifẓ al-nafs), reason (hifẓ al-'aql), descendants (hifẓ al-nasl), property (hifẓ al-māl), and honor (hifẓ al-'ird). In addition, the principle of saddu al-dzarī'ah provides legitimacy to preventive efforts in the form of blocking content and closing access to distribution, while siyāsah syar'iyyah authorizes the state to establish effective criminal policies in maintaining the public welfare in the digital space. This research contributes to the development of contemporary jinayah fiqh studies by offering a legal formulation that is responsive to the development of social media-based cybercrime.

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