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Journal of Islamic Law and Legal Studies
Published by Yayasan Mabadi Iqtishad Al Islami
ISSN : 30480701     EISSN : 30479738     DOI : 10.70063
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Journal of Islamic Law and Legal Studies is a scholarly publication dedicated to exploring the intricacies of Islamic law within contemporary legal contexts. The journal serves as a platform for researchers, scholars, and practitioners to delve into various aspects of Shariah, offering critical analyses, theoretical discussions, and empirical studies. With a commitment to fostering a deeper understanding of Islamic legal principles and their application in diverse societal settings, ShariahLex embraces interdisciplinary approaches and welcomes contributions from fields such as law, Islamic studies, sociology, political science, and anthropology. Each issue of ShariahLex features rigorously peer-reviewed articles that address a wide range of topics, including Islamic jurisprudence (fiqh), legal theory (usul al-fiqh), comparative legal studies, human rights, family law, criminal law, and finance. By providing a platform for scholarly discourse and intellectual exchange, the journal aims to contribute to the advancement of knowledge in Islamic law and legal studies, enriching academic scholarship and stimulating further research in this field. ShariahLex invites submissions from scholars worldwide, thereby fostering a global dialogue on contemporary issues and emerging trends within Islamic law and legal studies. Through its publication, the journal seeks to promote cross-cultural understanding, encourage critical engagement with Islamic legal traditions, and offer insights into the dynamic interactions between Islamic law and modern legal systems. Ultimately, ShariahLex aspires to be a leading forum for academic inquiry and scholarship in the realm of Islamic law, facilitating discussions that are relevant to both academic researchers and legal practitioners alike.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
The existence of Murabahah in Bank Aceh Syariah based on the Fatwa of Majelis Ulama Indonesia No 111 /DSN-MUI/IX/2017 Muhammad Rafi Thoriq; Muhammad Hasan Abdul Aziz Naibaho; Muhammad Alfain Faza Zakiyya
Journal of Islamic Law and Legal Studies Vol 1 No 1 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/sharialex.v1i1.1

Abstract

Financing in Islamic banks today is dominated by Murabahah contracts. The purpose of existing research is to explain how the existence of Murabahah financing in Islamic banking serves the community and assess whether the contracts executed comply with the Fatwa of Majelis Ulama Indonesia. This research is a library-research focused on examining and discussing modern and classical literature. Data collection is conducted through documentation methods from various sources including national and international journals, as well as books. The data is then analyzed using content analysis, which includes descriptive analysis and scientific analysis of premium messages. The findings of this research indicate that Murabahah financing is predominantly conducted by Islamic banks for community financing. In the application of Murabahah financing, Islamic banks act as fund providers rather than sellers. The Murabahah contracts in classical fiqh have undergone changes, which have been criticized by various segments of society. It is noted that there are contemporary issues arising in Murabahah financing transactions that do not align with Sharia principles and the Fatwa of Majelis Ulama Indonesia.
The Funding Issues With The Concept of Interest and The Implementation of Mudharabah Contracts in Islamic Banking Funding Systems Amriatus Safa’ah; Audy Putri Adinda; Bintan Muara Zahra
Journal of Islamic Law and Legal Studies Vol 1 No 1 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/sharialex.v1i1.2

Abstract

Mudharabah contract is a lending agreement conducted within banks with a profit-sharing scheme. In this case, the Mudharabah contract is regulated in the DSN-MUI fatwa which has several aspects of rules in the implementation of Mudharabah contracts as funding or loans. This research is a literature analysis conducted and observed through examination, review, discussion of classic and modern literature as well as analysis using existing data. Data collection is carried out using documentation methods from various papers, articles, books, and journals. Then analyzed using content analysis and quantitative analysis methods, by analyzing descriptive or scientific data. The results of this study are explanations regarding Mudharabah, implementation, and contemporary issues. The similarity of this research with other studies is discussing Mudharabah, implementation, and contemporary issues, while the difference is that this paper provides discussions that have been studied from the thoughts of the authors based on what the authors obtained from papers, articles, books, and journals that already exist and adjust the implementation of Mudharabah contracts based on Majelis Ulama Indonesia.
Legal Analysis of Marriage Dispensation Underage in Jagabita Village, Bogor, Using the Compilation of Islamic Law Approach Fitri Nuraeni; Amin Songgirin
Journal of Islamic Law and Legal Studies Vol 1 No 1 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/sharialex.v1i1.3

Abstract

The analysis focuses on the legal aspects surrounding marriage dispensations for individuals below the age of 19, as outlined in Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage. According to Article 7, paragraph (1) of the Marriage Law, marriage is permissible only if both the man and woman have reached the age of 19. This provision underscores the necessity of establishing a minimum age for marriage, considering the significant legal implications associated with marital unions, such as alterations in rights and responsibilities. However, a potential ambiguity arises when Article 7, paragraph (1) is juxtaposed with Article 6, paragraph (2) of the same law. While Article 7, paragraph (1) sets forth a minimum age requirement for marriage, Article 6, paragraph (2) does not provide clear legal guidance for individuals seeking marriage before reaching the prescribed age. Despite the provision for dispensation in Article 7, paragraph (2) and Article 6, paragraph (2), some argue that granting dispensations may overlook future familial harmony and reduce the institution of marriage to mere physical fulfillment, contradicting principles of Islamic jurisprudence. Data collection involved observations and interviews with local residents who entered into underage marriages, as well as discussions with the head of the Religious Affairs Office (KUA) of Parung Panjang Subdistrict. The research adopts a socio-legal approach, integrating sociological and juridical perspectives, within a qualitative field research framework. The study aims to comprehend the regulation of marriage dispensation under both civil and Islamic law, examining the consequences of underage marriages in Jagabita Village, Bogor.
Fundamentals of Contract Law in Islamic Law and Afghanistan Civil Law Habiburrahman Rizapoor
Journal of Islamic Law and Legal Studies Vol 1 No 1 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/sharialex.v1i1.4

Abstract

This research aims to discuss Sharia contracts, their definitions, types, permitted agreements, prohibited agreements, and other topics related to the research. This research used textual and analytical research. The findings of the resarch that contracts are very important in Islamic law and because of that Islamic scholars in the past and now wrote independent books on the subject and some of them wrote a specific chapter in their books on agreements and contracts based on Islamic law. This research also found that the main objective of Islamic law in regulating agreements and contracts is to prohibit and prevent injustice and injustice and that no one can take the other's money without the right and without a legal and legitimate basis.
Resolving Disputes Regarding Trust Financing in Islamic Rural Banks, West Java Ahmad Maulidizen
Journal of Islamic Law and Legal Studies Vol 1 No 1 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/sharialex.v1i1.5

Abstract

One form of Islamic banking financing is mudarabah, which is a profit and loss sharing contract between an Islamic bank and a mudarib. This type of contract requires a mutually open attitude between both parties to the advantages and disadvantages of the project undertaken. Therefore, banks should implement a system of monitoring and assessment of project criteria well to avoid risks that may cause bank losses as sahib al-mal. This research uses a mixed method of research, with data collection methods as interviews, questionnaire, observation and document analysis. Which is then analyzed qualitatively by analysis from interviews and observations. For quantitative analysis, factor analysis, regression and Analysis of Variance (ANOVA) are conducted. The results of this research are the criteria of projects that need to be supervised by Islamic banking, which are Project Profiles, Payment Guarantee, Project Management, and Prospect project. If the assessment of project criteria is tightened and implemented correctly, mudarabah financing issues can be reduced and resolved.
The Position of Stocks as a Place for Speculation in the Ulama's Perspective Muhamad Izazi Nurjaman; Dea Dahlia; Nur Fadhilah Novianti
Journal of Islamic Law and Legal Studies Vol 1 No 2 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

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Abstract

Share transactions in the sharia capital market must comply with sharia principles. The aim of this research is to analyze the position of stocks that are used as an arena for speculation in the views of scholars, both classical scholars and contemporary scholars. This research is library research with a descriptive analysis method using a normative juridical approach. The research data analysis was carried out through three mechanisms, namely data reduction, data presentation and drawing conclusions. The results of the research show that Based on the discussion above, it shows that in the view of the ulama it has been explained that speculative activities, Riba, Gharar and Maysir (gambling) have been prohibited by Islamic law which was issued as a regulation. One of them is setting a minimum holding period for shares. With these restrictions, shares cannot be traded at any time, so there is little incentive to profit from price changes alone. However, finding the right retention period can be difficult. These restrictions can limit speculation, but also reduce the liquidity of capital market investments. Therefore, it is very possible that a rational investor needs quick liquidity but cannot sell shares because the required minimum holding period has not been met.
The Effectiveness of Resolving Donation-Based Crowdfunding Disputes on the Kitabisa.com Platform Through Alternative Dispute Resolution Herdifa Pratama; Johari
Journal of Islamic Law and Legal Studies Vol 1 No 2 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

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Abstract

In the modern era, financial services have increasingly integrated with technological advancements, one example being donation-based crowdfunding that operates through online financial platforms. Kitabisa.com is an online platform that facilitates donation transactions between campaigners and donors but does not assume responsibility for the actions or information provided by campaigners, donors, or other users. This creates significant potential for disputes among these parties. This study examines two key issues related to the standard contracts used in donation-based crowdfunding: the unilateral dispute resolution provisions created by the platform and the effectiveness of resolving disputes through alternative dispute resolution (ADR). Using a case study approach focused on Kitabisa.com's standard contracts, the research employs descriptive-qualitative analysis of collected data and literature. The findings reveal that while some contracts include ADR clauses, others do not, and the effectiveness of ADR in resolving disputes is limited, with few cases being publicly reported.
Barriers and Drivers of Halal Supply Chain Integration: A Qualitative Analysis of Existing Literature Andri Mulyana; Ahmad Maulidizen; Fajar Azhari Julian
Journal of Islamic Law and Legal Studies Vol 1 No 2 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

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Abstract

This study aims to explore the barriers and drivers of halal supply chain integration by conducting a qualitative analysis of existing literature. Employing a library research method, the study synthesizes findings from academic publications, reports, and case studies to identify key factors influencing the adoption and implementation of halal supply chain practices. The analysis reveals that barriers such as lack of standardization, high operational costs, and insufficient stakeholder awareness hinder integration, while drivers like increasing consumer demand for halal products, regulatory support, and technological advancements facilitate its growth. The findings highlight the need for collaborative efforts among industry stakeholders to address the identified challenges and enhance halal supply chain efficiency. This research provides valuable insights for policymakers, businesses, and researchers to foster the development of a robust halal supply chain ecosystem.
The Role of Certification Standards in Shaping Halal Supply Chain Practices: A Qualitative Literature Review Irwan Aufi; Fajar Azhari Julian; Ahmad Maulidizen; Rifqi Fathin Ariaputra; Muhammad Fauzan
Journal of Islamic Law and Legal Studies Vol 1 No 2 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

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Abstract

This study explores the role of certification standards in shaping halal supply chain practices, focusing on their impact on traceability, compliance, and operational efficiency. The primary objective is to examine how standardized halal certifications influence the development of robust and reliable halal supply chains, ensuring adherence to Islamic principles and meeting consumer expectations. Utilizing a qualitative literature review methodology, this research synthesizes findings from academic journals, industry reports, and regulatory guidelines to identify key trends and challenges in the application of halal certification standards. The findings reveal that harmonized global halal standards play a critical role in streamlining trade, enhancing supply chain integrity, and fostering consumer trust. However, inconsistencies in certification criteria across countries and limited cross-border collaboration remain significant obstacles. The study underscores the need for unified certification frameworks, strategic stakeholder engagement, and the adoption of advanced technologies such as blockchain to improve traceability and compliance. The implications of this research highlight the importance of policy reforms and collaborative efforts in strengthening halal supply chain ecosystems, contributing to sustainable growth and global competitiveness in the halal industry.
The Concept of Child-Free Lifestyle in the Context of Maqasid Shariah: Ethical Considerations and Social Implications Ahmad Maulidizen; Abdul Haris Muchtar; Atikah Salimah; Risman Nugraha
Journal of Islamic Law and Legal Studies Vol 1 No 2 (2024): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

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Abstract

This research aims to explore the concept of the child-free lifestyle within the framework of Maqasid Shariah, focusing on the ethical considerations and social implications associated with such a decision. The study seeks to understand how Islamic principles and objectives—preserving faith, life, intellect, progeny, and wealth—interact with the modern choice of living child-free. By utilizing a qualitative library research approach, the study analyzes various Islamic texts, scholarly opinions, and contemporary discussions on reproductive choices, providing an in-depth understanding of how the child-free lifestyle aligns with Maqasid Shariah. The findings reveal that while Maqasid Shariah emphasizes the importance of procreation for the continuation of society, it also recognizes individual autonomy, personal choice, and the preservation of well-being. The study concludes that, from a Shariah perspective, the child-free lifestyle may be considered ethically permissible under specific circumstances, especially when it aligns with the overall well-being and goals of an individual or couple. The implications of this research are significant for policymakers, religious scholars, and society at large, as it encourages a nuanced understanding of reproductive choices, personal freedom, and societal responsibilities in contemporary Islamic contexts.

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