cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Lathif Hanafir Rifqi
Contact Email
lathif.hanafir.rifqi@walisongo.ac.id
Phone
+6281253980249
Journal Mail Official
wishel@walisongo.ac.id
Editorial Address
Program Studi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, Universitas Islam Negeri Walisongo Semarang. Jl. Prof. Dr. H. Hamka Kec. Ngaliyan Kota Semarang, 50185.
Location
Kota semarang,
Jawa tengah
INDONESIA
WiShEL
Published by Universitas Islam Negeri Walisongo Semarang
ISSN : 31237819     EISSN : 31235581     DOI : -
Core Subject :
WiShEL: Walisongo Journal of Sharia Economic Law e-ISSN: 3123-5581, p-ISSN: 3123-7819 is a peer-reviewed, open-access academic journal published biannually by the Department of Sharia Economic Law, Faculty of Sharia and Law, Universitas Islam Negeri Walisongo Semarang, Indonesia. The journal offers a scholarly platform for examining Islamic economic law and its contemporary legal, regulatory, philosophical, and ethical aspects, both within Indonesia and in the broader global context. This journal published twice in every volume April and October. WiShEL: Walisongo Journal of Sharia Economic Law is a peer-reviewed academic journal published by the Department of Sharia Economic Law, Faculty of Sharia and Law, Universitas Islam Negeri Walisongo Semarang, Indonesia. The journal aims to provide a scholarly platform for the study of Islamic economic law and its contemporary applications, focusing on legal, regulatory, philosophical, and ethical aspects within both national and global contexts. Published twice a year and written in English, WiShEL aspires to become an internationally recognized journal indexed in Scopus within the next three years. All submitted articles undergo a rigorous double-blind peer review process to ensure academic integrity, originality, and relevance to current issues in Islamic economic law.
Arjuna Subject : -
Articles 19 Documents
 1   2 
Reconstructing Zakat on Cryptocurrency: A Maqāṣid al-Sharī‘ah-Based Comparative Analysis of Indonesia, Malaysia, and Egypt Muhammad Nur Karim Al Ismariy; Ridho Saadillah Ahmad; Aan Taufiqurrohman; Mohammad Tohari; Jean Claude Geofrey Mahoro
Walisongo Journal of Sharia Economic Law Vol. 2 No. 1 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.1.31296

Abstract

The rapid development of the global digital economy has introduced new forms of wealth, particularly cryptocurrency, which challenge traditional constructs of Islamic economic law, including zakat. This study aims to analyze the legal position of zakat on cryptocurrency in Indonesia within the context of global digital economic trends and to formulate a maqāṣid al-sharīʿah-based reconstruction of zakat applicable to digital assets. A normative-comparative research methodology was employed, combining doctrinal analysis of Islamic legal texts, national regulations, fatwas from Indonesia, Malaysia, and Egypt, as well as scholarly literature indexed in Scopus. The study systematically examines regulatory gaps, jurisprudential interpretations, and institutional practices concerning cryptocurrency zakat. Findings indicate that while cryptocurrency conceptually qualifies as zakatable wealth if conditions of ownership, nisab, haul, and lawful source are fulfilled, Indonesia currently lacks explicit normative provisions, resulting in legal vacuum. Malaysia demonstrates an adaptive and operational approach, allowing zakat payment through Shariah-compliant cryptocurrency under state fatwas, whereas Egypt maintains a restrictive stance, though acknowledging zakat obligations if criteria are met. The study concludes that a maqāṣid al-sharīʿah-based reconstruction integrating fiqh principles, national regulation, and digital mechanisms is essential for strengthening Indonesia’s national zakat system. Recommendations include revising national zakat law, establishing technical guidelines for digital asset valuation and reporting, and implementing blockchain-based platforms to ensure transparency, accountability, and effective wealth redistribution.
Legal Pluralism in Determining the Status of Illegal Children: A Study of the Constitutional Constitutional Court Decision Number 46/Puu-VII/2010 Rosa Ezizya Febriani
Walisongo Journal of Sharia Economic Law Vol. 2 No. 1 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.1.31701

Abstract

This article examines the determination of the status of illegitimate children from the perspective of legal pluralism based on Constitutional Court Decision Number 46/PUU-VIII/2010. The decision reinterprets Article 43 paragraph (1) of Law Number 1 of 1974 concerning Marriage, by recognizing the civil relationship between illegitimate children with their biological father if it can be scientifically proven. This study uses a normative juridical method with a statutory and conceptual approach, complemented by a socio-legal approach. The results of the study indicate that the Constitutional Court decision represents a shift in the national legal paradigm from a formal approach to substantive protection of children's rights. However, in Islamic law, the lineage of illegitimate children remains only linked to the mother because the validity of the lineage is determined by a valid marriage contract. This difference demonstrates a form of combative legal pluralism between state law and Islamic law that interact within the framework of the Indonesian legal system.
Sharia Cooperatives in Economic Dynamics in the Contemporary Era: Challenges and Opportunities between Religiosity and Trends Zain Husain
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.31916

Abstract

The rapid development of the contemporary economy has significantly influenced the dynamics of Islamic cooperatives (Koperasi Syariah) in Indonesia, particularly in the context of shifting economic trends and increasing religious awareness among Muslim communities. This study aims to analyze the challenges and opportunities faced by Islamic cooperatives in balancing religious values and modern economic trends. The research employs a qualitative method with a normative approach through library research, utilizing relevant literature such as books, academic journals, and regulatory frameworks related to Islamic cooperatives. The findings indicate that public understanding of Islamic legal principles in cooperative practices remains relatively low compared to the Muslim population in Indonesia. Meanwhile, trends and service convenience have a significant impact on member interest and loyalty, even though the operational procedures of Islamic cooperatives are relatively simple. Furthermore, the role of cooperative institutions and associations has not yet functioned optimally in supporting the development of Islamic cooperatives. This study concludes that Islamic cooperatives have substantial potential to develop as value-based financial institutions, particularly in supporting micro, small, and medium enterprises (MSMEs). However, strengthening Islamic economic literacy, improving service quality, enhancing member satisfaction, and optimizing institutional roles are essential strategies to ensure their sustainability and relevance in the contemporary economic landscape.
The Construction of Judicial Legal Reasoning in Annulling a Waqf Pledge Deed Due to the Waqif’s Lack of Legal Ownership over the Waqf Object Nurhijah Nurhijah; Safrin Salam; Ibrahim Kayode Muhammed
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.32144

Abstract

This study examines the construction of judicial legal reasoning in the annulment of a Waqf Pledge Deed when the waqif is considered not to be the lawful owner of the waqf object. It aims to evaluate whether the court’s reasoning adequately distinguishes the waqif’s subjective capacity, the legal status of the waqf land, and the evidentiary standard required to prove ownership. This research employs normative legal research using statutory, conceptual, and case approaches, with Decision Number 23/Pdt.G/2018/PA WGP as the primary case. The analysis focuses on the court’s interpretation of Islamic waqf principles, Indonesian positive law, evidentiary rules, and the doctrine of legal certainty. The findings show that the decision affirms an important principle: a Waqf Pledge Deed cannot validate a waqf act made by a person who lacks lawful ownership over the property. However, the reasoning also reveals analytical limitations because the court relied heavily on the respondent’s confession and did not fully elaborate the documentary proof of land ownership or the consequences for community-based educational use. This study concludes that waqf deed annulment requires layered judicial reasoning that balances formal legality, evidentiary sufficiency, legal certainty, and substantive justice
Maqasid al-Sharia and Anti-Corruption Governance: An Operational Framework for Evaluating State Officials' Wealth Disclosure in Indonesia Zaki Sima Fashimado; Mukhamad Yazid Afandi
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.32247

Abstract

Public-sector asset disclosure is central to anti-corruption governance, but its substantive effectiveness still needs attention. In Indonesia, the State Officials' Wealth Report (Laporan Harta Kekayaan Penyelenggara Negara—LHKPN) is the principal disclosure instrument; however, 2025 statistics released by the Komisi Pemberantasan Korupsi (KPK) reveal a 3.18-percentage-point gap between submission (98.51%) and substantive completeness (95.33%) across 415,062 reporting officials, alongside an 11.74-percentage-point asymmetry between the judicial sector (99.65%) and the central legislative sector (87.91%). This study evaluates the substantive effectiveness of LHKPN through the maqasid al-sharia framework, with particular emphasis on hifz al-mal (protection of wealth), and develops an operational diagnostic framework for assessing public-sector asset disclosure regimes in Muslim-majority democracies. The study adopts a normative-analytical legal research design integrating statutory, conceptual, and maqasid-evaluation approaches. Hifz al-mal is operationalised into four diagnostic criteria—preventive transparency (wuduh/rawaj), rigorous verification (hifdh/thabat), proportionate sanction (adl), and ethical stewardship (amanah/ihsan)—anchored in the classical jurisprudence of Ibn Ashur and al-Shatibi and applied to the 2025 KPK dataset, with operational grounding in the indicator framework of Zailani et al. (2022). Although Indonesia's legal framework is institutionally robust, LHKPN's substantive effectiveness is undermined by verification deficits, sanction asymmetries, and an ethical-formation gap. Of the four criteria, only preventive transparency is partially fulfilled; the remaining three are substantially or structurally unfulfilled. The study contributes an operational framework for evaluating public-sector asset disclosure in Muslim-majority democracies and highlights the need to combine institutional reform with integrity formation grounded in maqasid al-sharia.
Beyond Formal Validity: Explicit Contract as an Instrument of Maqashid Objectification in Islamic Finance Muhammad Labib Fahmi Arif; Muhammad Labib Fahmi Arif
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.33123

Abstract

The legal principle al-umur bi maqashidiha holds that the legal assessment of an act cannot be separated from the purpose underlying it. However, the application of this principle in the context of Islamic financial institutions confronts a fundamental structural problem: the purposes and intentions of the contracting parties are inherently internal and cannot be directly accessed by law, whereas legal evidentiary mechanisms can only operate on facts that are outwardly manifest (zahir). This article argues that this structural tension can be bridged through the instrument of contract. A contract formulated explicitly and comprehensively has the potential to serve as a medium that transforms what was originally an internal purpose referred to in the context of a contract as maqashid al-aqd into a declaration of will that can be identified, verified, and evaluated under law. This research employs a normative legal approach with a conceptual method, analyzing the construction of the al-umur bi maqashidiha principle and testing it in the context of the murabahah contract as the most dominant financing contract in Indonesian Islamic banking. The findings show that an explicit contract performs two principal functions, a declarative function, which openly states the purpose of the transaction, and a verificative function, which provides an objective basis for the legal assessment of contract performance. Each element of the murabahah contract mandated by DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000 constitutes a layer of intent objectification that strengthens the reflection of the parties’ maqashid al-aqd in a form that can be verified outwardly. The implications of this framework touch upon two dimensions at once, institutional sharia compliance and consumer protection.
Measuring Legal Certainty in Women's Empowerment Khairul Fadli Rambe; Abdulloh Abdulloh; Mulia Darma
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.33243

Abstract

This study aims to assess legal certainty in economic empowerment efforts for 11.5 million female heads of households in Indonesia who face poverty vulnerability due to double burdens and limited access to capital. In the broader context of institutional synergy, the collaboration between BAZNAS Kota Bandung and DP3A through the Program for Enhancing Women's Role Towards Healthy and Prosperous Families (P2WKSS) emerges as a strategic instrument. However, from a legal perspective, this practice faces a crucial challenge in the form of the absence of a formal legal basis (Memorandum of Understanding). This article aims to analyze the legal and operational obstacles arising from the absence of such a regulatory text through the lens of Maqashid Syariah and progressive law. Using a normative-empirical legal research method with a descriptive-analytical approach, the research findings reveal that the absence of an MoU is rooted in the bureaucratic assumption of “one government umbrella,” which triggers ambiguity of roles and places BAZNAS merely as an incidental fund contributor without a strategic position in planning. As a transformative solution, this study recommends regulatory reconstruction through the drafting of a specific MoU that refers to PMA No. 16 of 2025 to realize accountable and balanced governance. This regulatory transformation is an absolute prerequisite for ensuring systematic welfare for female heads of households through the sustainable protection of property (hifzh al-mal) and offspring (hifzh al-nasl).
Sharia Political Pathology and the Instrumentalisation of Islamic Financial and Philanthropic Institutions in Aceh Adzanah Mariska Salsabila
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.33465

Abstract

The misuse of Islamic financial and philanthropic institutions in Aceh demonstrates that the existing legal framework has not yet been capable of adequately addressing economic crimes concealed behind the legitimacy of Sharia, thereby creating opportunities for the instrumentalisation of Sharia institutions for political interests and the abuse of authority. This study aims to analyse the forms and characteristics of such instrumentalisation and to formulate a model of governance reform and the reconstruction of Sharia law grounded in fiqh jināyah siyāsah and maqāṣid al-syarī‘ah. The study employs a normative legal research method with a prescriptive research design, utilising legislative, conceptual, and legal-historical approaches. It relies upon secondary data comprising primary, secondary, and tertiary legal materials collected through a literature review and analysed qualitatively by means of interpretation, systematisation, and legal argumentation. The findings indicate that regulatory gaps within the Qanun Jinayat create structural vulnerabilities that facilitate the misuse of Sharia institutions through practices of political patronage, abuse of trust, and the concealment of financial flows, which, from a normative perspective, may be classified as ghulul, risywah, and fasād fī al-arḍ. The novelty of this research lies in the development of the concept of Sharia political pathology as an analytical framework for explaining the relationship between religious legitimacy, weaknesses in governance, and economic crimes involving Sharia-based institutions. This study contributes by proposing a model of legal reconstruction through the strengthening of Sharia economic offences within the Qanun Jinayat, as well as institutional governance reforms focused on the protection of trust, accountability, and justice.
Halal Certification Requirements for MSMEs: Between Consumer Protection and the Burden of Compliance Laelatul Badriyah; Mohammad Reza Fachruddin
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.33512

Abstract

The implementation of mandatory halal certification in Indonesia is part of the government’s efforts to provide legal certainty, protect consumers, and enhance the competitiveness of products in both the domestic and global markets. The enactment of Law No. 33 of 2014 on Halal Product Assurance, along with its implementing regulations, requires products entering, circulating, and being traded within Indonesia to hold a halal certificate in accordance with applicable regulations. Nevertheless, its implementation still faces various challenges, such as low compliance rates among business operators, limited understanding—particularly among micro, small, and medium-sized enterprises (MSMEs)—as well as administrative and institutional obstacles in the certification process. This study aims to analyze the implementation of halal certification requirements in Indonesia and to assess the effectiveness of legal regulations in ensuring halal products. The study employs a normative legal research method using both the statutory approach and the conceptual approach. Primary legal sources consist of laws and regulations regarding halal product assurance, while secondary legal sources are drawn from relevant literature, academic journals, and legal documents. The analysis is conducted qualitatively by examining the alignment between legal norms and their implementation. Research findings indicate that the halal certification requirement has strengthened legal protections for consumers, increased public trust in products, and spurred the development of the national halal industry. However, the effectiveness of its implementation is still influenced by institutional capacity, the accessibility of certification services, the level of awareness among business operators, and the effectiveness of government oversight. Therefore, it is necessary to strengthen interagency coordination, simplify certification procedures, increase assistance for MSMEs, and ensure consistent law enforcement so that the objectives of the halal product assurance system can be optimally achieved.

Page 2 of 2 | Total Record : 19

 1   2 

Filter by Year

2025 2026


Reset
Filter By Issues
All Issue Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law Vol. 2 No. 1 (2026): Walisongo Journal of Sharia Economic Law Vol. 1 No. 1 (2025): Walisongo Journal of Sharia Economic Law