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Santara: Journal of Islamic Law and Humanity
Published by Perkumpulan Dosen Tarbiyah Islam Indonesia
ISSN : -     EISSN : 31089771     DOI : https://doi.org/10.59373/santara
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Santara: Journal of Islamic Law and Humanity is a peer-reviewed academic journal that explores the intersection of Islamic law and human values, rights, and ethics. It focuses on how Islamic legal principles can contribute to the development and protection of human dignity, justice, and equality in contemporary societies
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Gadai Berantai dalam Sorotan Hukum Islam: Studi Kasus di Desa Jaddung, Pragaan, Sumenep Efaulamanah; Paisun
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 1 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i1.126

Abstract

This study examines the wisdom contained in the repetition of the verse "Waylu Yawmaiz li al-Mukazzibin" in Surah al-Mursalat using Ferdinand de Saussure's semiotic approach. The purpose of this study is to provide new insights into the meaning of the repetition of verses in Surah al-Mursalat. This repetition occurs ten times and is the main focus of this study, which is considered a sign from Allah containing important messages. To reveal this meaning, a semiotic approach is used with Saussure's dyadic theory (two elements). This study uses a library research method with descriptive analytical data presentation. The primary data sources used are Surah al-Mursalat and Ferdinand de Saussure's work, Course in General Linguistics, which has been translated into Indonesian. The results of the research show that: a) The repetition of the verse in Surah al-Mursalat functions as an affirmation and reinforcement of the warning for those who lie, b) The repetition of "Waylu" contains a threat for people who reject the teachings of Allah and the Day of Judgment, and provides a reward for those who are pious, c) The repetition of "Waylu" together with "al-Mukazzibin" reminds us not to lie and deny Allah's decrees, d) The wisdom contained in the Surah al-Mursalat reminds us of the retribution for people who deny the teachings of Allah and the Day of Judgment, as well as being a motivation to do good
Etika dan Legalitas Pemanfaatan Tanah Jaminan dalam Hukum Islam saat Terjadi Wanprestasi Nurifatul Jannah; Ari Kartiko
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 1 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i1.127

Abstract

This study discusses the utilization of collateral land due to default from an Islamic legal perspective, with a case study in Kertagena Dajah Village. The main problems studied are: (1) how the practice of utilizing collateral land due to default occurs in the village, and (2) how Islamic law reviews the practice. The purpose of this study is to analyze the suitability of the utilization of collateral land due to default with the principles of Islamic law. This study uses a qualitative method with a field study approach, relying on primary data obtained through interviews with parties directly involved in the practice of debt compensation using land as collateral, as well as secondary data from related documents and literature. The results of the study indicate that the practice of utilizing collateral land as a form of default resolution has become a habit in the Kertagena Dajah Village community, although it is carried out without a strong legal basis and without a valid written agreement according to sharia. In an Islamic legal review, this practice is considered invalid because it contains elements of injustice and potential usury. The use of collateral in this case land without a clear ijarah or compensation agreement is contrary to sharia principles, especially in terms of the prohibition of taking advantage of other people's property without legal rights. Therefore, this practice cannot be justified either normatively in Islam or ethically.
Studi Analisis Konsep Maqāṣid Al-Syarī'ah Jasser Auda dan Relevansinya dengan Hukum Islam Kontemporer Ramlah; Cantik Tri Rahajeng
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 1 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i1.128

Abstract

Maqāṣid al-Syarīʿah is one of the methodologies used for legal istinbat, with the main aim being based on the benefit of humanity. This goal includes protecting religion, reason, life, property and offspring. However, in its development, traditional maqāṣid al-Syarīʿah is considered less capable of providing solutions to contemporary Islamic legal problems, especially in facing increasingly advanced and complex developments, which require answers from Islamic legal products.This renewal of traditional maqāṣid al-Syarīʿah inspired the thinking of Jasser Auda, a leading figure in contemporary maqāṣid al-Syarīʿah. Therefore, the author is interested in raising this theme, because it is believed to be important for studying Jasser Auda's concept of maqāṣid al-Syarīʿah and its relevance to contemporary Islamic law. The research method used in this study is library research with a qualitative-descriptive approach. Data were obtained through an in-depth study of primary and secondary literature, which were then analyzed using the content analysis method. Jasser Auda's thoughts in maqāṣid al-Syarīʿah strive for the objectives of Allah SWT's law to be achieved evenly, with the basic principle of maqāṣid which is wholeness. The renewal in Islamic law that he promotes aims to realize comprehensive peace and welfare. One important reason for this renewal is the phenomenon of economic inequality, inequality of educational rights, and challenges to the implementation of ideal Islamic law. The relevance to contemporary Islamic law lies in the movement to improve the education system, inclusive economic growth, interactive-creative households, maintained diversity, and rejection of stagnation.
Analytical Study on the Application of Islamic Economic Law Principles at SPM Sharia Bank (Sarana Prima Mandiri), Pejagan–Bangkalan Dea Yusiana
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 1 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i1.129

Abstract

Islamic Economic Law represents a set of norms and regulations governing commercial and non-commercial economic activities based on Islamic principles, either derived directly from the Qur’an and Sunnah or through human interpretation (ijtihad). Law No. 3 of 2006, Article 49, concerning the Religious Court, affirms that Sharia-based economic practices include institutions such as Islamic banks. This study aims to (1) analyze the implementation of Islamic Economic Law within the financial operations of the Sharia Bank SPM (Sarana Prima Mandiri), located at Jl. Trunojoyo 56, Pejagan, Bangkalan, and (2) identify the challenges and propose potential solutions to improve Sharia compliance and operational effectiveness. A qualitative descriptive approach was employed. The study used a single-variable framework focusing on implementation within BPRS SPM. Primary data were collected through interviews with the management and staff of PT. BPRS Sarana Prima Mandiri, while secondary data were obtained from institutional documents, brochures, and organizational profiles. The sampling technique used was simple random sampling with 20 employees selected as respondents. Data collection methods included observation, interviews, and documentation. The analysis was conducted using deductive and comparative techniques. The findings indicate that the implementation of Islamic Economic Law at BPRS SPM provides significant benefits for both the institution and its clients by enhancing awareness of Sharia-compliant financial practices. Additionally, it serves as a valuable reference for comparative evaluation and future strategic development. Strengthening the application of Islamic economic principles in financial institutions requires continuous education, improved governance, and adaptive strategies to overcome operational and regulatory challenges.
Sharia Economic Law's View on Online Loans (Spinjam) on the Shopee Application Fithriya Khusna Khamidah
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 1 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i1.130

Abstract

This study aims to analyze the practice of SPinjam online loans on the Shopee application and the views of sharia economic law on the service. SPinjam is an information technology-based financing service that allows users to access loans with a fast and easy process. However, this practice raises questions related to its compliance with sharia economic principles, especially regarding the application of interest, administration fees, and late fees. This study uses a qualitative descriptive approach with a literature study as a data collection method. Data sources were obtained from books, scientific journals, DSN MUI fatwas, and related articles. The research findings show that although SPinjam facilitates access to loans, there is a discrepancy between the loan practice and sharia principles, especially in terms of the application of interest and late fees which are considered usury. The contract used in SPinjam is not entirely in accordance with the principle of qardh contracts in sharia, which prohibits additional costs or interest on loans. This study contributes to enriching the understanding of fintech applications in the context of sharia economic law and provides recommendations for online loan providers to pay more attention to the principles of justice and compliance with sharia. This study also identified existing limitations, particularly in terms of secondary data collection, and suggested further research involving direct interviews with users and practitioners.
Childfree in the Perspective of Islamic Feminism: A Comparative Study of the Thoughts of K.H. Husein Muhammad, Amina Wadud, and Fatima Mernissi Moch Aufal Hadliq Khaiyyul Millati Waddin; Naser Ali Abdulghani
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 2 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i2.209

Abstract

The childfree phenomenon among contemporary Muslims has sparked theological and social debate, highlighting the tension between the normative construction of motherhood in Islam and women's growing awareness of their bodily authority and social roles. This study aims to analyze and compare the responses of three Islamic feminist figures, K.H. Husein Muhammad, Amina Wadud, and Fatima Mernissi, to the childfree issue. The method used is a qualitative approach through literature study and comparative-critical discourse analysis. The results show that although their approaches differ, namely maqāṣidiyah (Husein Muhammad), textual hermeneutics (Amina Wadud), and historical-sociological criticism (Fatima Mernissi), all recognize women's right to autonomy over their bodies and reproductive decisions. Husein Muhammad emphasizes the aspect of maslahah within the framework of sharia, Wadud highlights spiritual justice and mutual benefit, while Mernissi views the childfree phenomenon as a form of resistance to the patriarchal narrative of motherhood. This article contributes to broadening the horizons of contemporary Muslim women through a synthesis of women's, theological, and sociological approaches to the discourse on Muslim women's reproductive rights.
From Family Law to Financial Disputes: Expanding the Role of Indonesia’s Religious Courts in the Sharia Economy Nur Aida Tahirulla Samson; Abd Warits
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 2 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i2.231

Abstract

The rapid development of Islamic finance in Indonesia has generated a growing number of disputes requiring legal resolution based on sharia principles. Historically, such cases fell under the jurisdiction of general courts, creating uncertainty for Muslim litigants. The enactment of Law No. 3/2006 fundamentally redefined the authority of Religious Courts by granting them exclusive jurisdiction over sharia economic disputes, including those related to Islamic banking, insurance, and financial contracts. This study aims to analyze how this authority is exercised in practice, with a specific focus on the Religious Court of Sumenep as a case study. Using a socio-legal and qualitative approach, the research draws on primary data from court decisions and interviews, complemented by secondary legal sources. The findings demonstrate that the Religious Court of Sumenep has effectively applied its expanded mandate, resolving disputes with greater accessibility and cultural legitimacy for Muslim litigants. However, challenges remain, particularly in judicial capacity and technical expertise in complex financial transactions. The study contributes to the discourse on judicial reform in Muslim-majority contexts, highlighting the need for continuous capacity building and institutional support to strengthen the role of Religious Courts in promoting legal certainty and advancing the Islamic economy in Indonesia
Reconstruction of the Values and Meanings of the “Jujur” Marriage Tradition among Millennials Nailal Muna; Fatmah; Bagus Wibowo; Muhammad Khowarizmi
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 2 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i2.249

Abstract

This article aims to explore the phenomenology of the traditional jujur tradition that is still alive in the Musi River community amidst the dynamics of changing times. Jujur is a tradition in pre-wedding engagements when the groom's family gives a sum of money to the bride at the bride's request. This article aims to explore the social construction of jujur among the millennial generation born between 1980 and 2000. The research method uses empirical legal research methods with a structural approach. The research theory uses Peter. L. Berger's social construction. The research informants are community leaders and millennial generation husband and wife couples. The results of the article show the externalization of jujur in the form of giving money, noodles and gold and adapting to the economy and education of women, the objectification of jujur in the form of socialization that is so strong between generations that it creates an understanding that jujur is part of the marriage process and there are fines for violators of the engagement. The internalization of jujur is jujur as a symbol of male responsibility towards the family. The contribution of this research shows the existence of customary law as one of the sources of Indonesian national law, the treasure of interdisciplinary studies in the study of Islamic family law in Indonesia.
Harmonizing Culture and Religious Traditions in Multi-Religious Families Hawa' Hidayatul Hikmiyah Hawa; Ramdan Wagianto; Imam Syafi’i; Irzak Yuliardy Nugroho; A. Fikri Amiruddin Ihsani
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 2 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i2.258

Abstract

Conception and harmonization of religious culture and traditions within multifaith families in three villages known as centers of religious moderation in Malang City. The background to this study arises from the complexity of urban life characterized by religious and cultural diversity, which demands harmonious management of differences within the family and community context. This research uses a qualitative approach with a case study method, involving in-depth interviews, participant observation, and analysis of local documents as the primary data sources. The results show that multifaith families in the three villages are able to build harmony through several strategies: mutual respect for each member's religious practices, adapting traditions and rituals to be inclusive, and maintaining open communication between family members and neighbors. Furthermore, social interactions at the village level, such as joint celebrations, community activities, and support among residents, contribute to strengthening social cohesion and fostering values of tolerance. This research confirms that the harmonization of religious culture and traditions is not merely a normative concept, but a practice that can be realized through awareness, flexibility, and appreciation of differences. These findings contribute to the understanding of religious moderation at the local level and serve as a reference for developing an adaptive and harmonious model for managing multifaith family diversity.
Religious Court Legal Policy on Early Marriage Warning: An Analysis of the Implementation of Supreme Court Regulation Number 5 of 2019 Anwarul Mu'minin
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 2 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i2.259

Abstract

This study aims to analyze the implementation of Supreme Court Regulation (PERMA) No. 5 of 2019 as a judicial policy designed to tighten the marriage dispensation mechanism in order to prevent child marriage. The research employs a qualitative approach with normative juridical and structural perspectives to examine how the regulation is applied in judicial practice. Data were analyzed by assessing the consistency between the normative provisions of PERMA and their practical enforcement, particularly in relation to the principle of the best interests of the child, encompassing psychological, health, and educational considerations. The findings reveal that the implementation of PERMA No. 5 of 2019 has not yet been fully optimal. Although the regulation provides a clear normative framework requiring judges to apply stricter standards in assessing marriage dispensation requests, its effectiveness is constrained by several factors. These include limited public awareness of the heightened legal requirements, insufficient dissemination of information regarding the regulation, and institutional capacity challenges within the judicial system. As a result, the regulation’s intended objective of reducing child marriage has not been achieved to its full potential. This study argues that strengthening the effectiveness of PERMA requires comprehensive public legal education, enhancement of internal judicial capacity, and improved inter-sectoral coordination among courts, educational institutions, and social welfare agencies. These measures are essential to ensure that the regulation functions not merely as a formal legal instrument, but as an effective mechanism for child protection within the judicial process.

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