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INDONESIA
Jurnal Asy-Syari'ah
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : 20869029     EISSN : 26545675     DOI : -
Core Subject : Humanities, Education, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Other
Memfokuskan diri pada publikasi berbagai hasil penelitian, telaah literatur, dan karya ilmiah lainnya yang cakupannya meliputi bidang ilmu syariah, hukum dan kemasyarakatan secara monodisipliner, interdisipliner, dan multidisipliner.
Arjuna Subject : -
Articles 259 Documents
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DINAMIKA DAN IMPLEMENTASI HUKUM ORGANISASI PERUSAHAAN DALAM SISTEM HUKUM INDONESIA: Dynamics and Implementation of Corporate Organizational Law within the Indonesian Legal System Muhibbuthabary, Muhibbuthabary
Asy-Syari'ah Vol. 18 No. 2 (2016): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v18i2.664

Abstract

The legal system in Indonesia explained that the act of commerce is the act of purchasing goods for resale. While the organization is a coordination unit comprising at least two people, has a function to achieve a certain goal or set of tools. the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim of the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim to obtain profit. The company is a business organization that has carried out business activities and continuous, uninterrupted and overt move out with the aim to get benefit. In the Code of Commercial Law mentioned that perbu-atan commerce on the organization of the company is the act of purchase does not include sales deeds, because sales is part of the aim of business. In practice, the legal system of Indonesia has set about permit the establishment and governance of enterprise organizations are legal entities such as limited liability, Firma, cooperatives, foundations, enterprises, and etc. This has been stipulated in the legislation, namely Law Number 3 of 1992 about the Registration Company and Law Number 8 of 1997 concerning Company Documents.
NEGARA HUKUM DAN POLITIK HUKUM ISLAM DI INDONESIA: CATATAN KRITIS ATAS PEMIKIRAN NURCHOLISH MADJID Hidayat, Undang
Asy-Syari'ah Vol. 18 No. 2 (2016): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v18i2.665

Abstract

Many muslim scholars believed that the idea and model of legal state had exsited since the first hijriya Islamic century ago, when the prophet of Muhammad SAW declared Madina State, including with all instruments and its requirement of the state such as territory, constitution, society, and declaration. This view is also admitted by the Western Scholars who stated that the Prophet of Muhammad SAW had successfully implemented the bases of political authority and the model of the strongly modern state with the spirit of democracy in the past.
Balancing Pluralism and Legal Certainty in Ijtihād through The Theories of Al-Mushawwibah and Al-Mukhaththiah Anwar, Syahrul
Asy-Syari'ah Vol. 25 No. 2 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i2.30327

Abstract

The formulation of Islamic legal norms (fiqh) based on zhanni (speculative) evidence often leads to divergent interpretations among mujtahid scholars. These differences can confuse within the Muslim community regarding which legal opinion should be followed. This study aims to analyse the theoretical framework of al-mushawwibah and al-mukhaththiah within the discipline of ushul al-fiqh, particularly in the context of determining legal rulings derived from zhanni sources. Employing a qualitative descriptive approach and library research method, the study examines selected verses of the Qur’an, Prophetic traditions, and the classical as well as contemporary juristic opinions. The findings reveal that the al-mushawwibah theory affirms the validity of multiple legal conclusions as long as they are grounded in sound ijtihadic methodology. At the same time, al-Mukhaththiah asserts that only one ruling can be deemed correct, though other attempts still merit reward. The novelty of this research lies in its contextual application of classical epistemological theories to contemporary fiqh disputes, such as the differing opinions on whether bank interest constitutes riba. These insights contribute to the reinforcement of legal pluralism and encourage a moderate approach in navigating diverse ijtihad-based rulings within Islamic law.
Navigating The Complexities of Mut’ah Marriages: The Role of West Java’s Local Government in Protecting Communities Syaripudin, Dadang; Saefudin, Encang
Asy-Syari'ah Vol. 25 No. 2 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i2.24530

Abstract

Adultery is one of the reasons Islam pays excellent attention to marriage. The danger due to adultery is very great, as well as being categorised as a major sin that Allah SWT hates. Islam really expects all forms of adultery, let alone an act of adultery that is defended and justified and packed with values ​​that seem to be true. Mut'ah marriage, which often occurs in the peak tourist area, which is known as the "Arab village," is one of the justifications for the act of adultery. The research method used is normative-empirical. In addition, researchers employed a case-and-law approach to review findings from field observations obtained through interviews and other data-collection techniques. The results of this study suggest that contract marriages in the Puncak area, also known as Kampung Arab, are common; however, since the onset of the COVID-19 pandemic, they have decreased somewhat due to policies limiting activities across countries to curb the spread of COVID-19. The Cianjur Regency government is carrying out efforts to counteract the practice of mut'ah marriage by making a district regulation that specifically prohibits this practice. In addition, the role, awareness, and concern of the surrounding community remain strong in efforts to restore Cianjur's image as a city of students.
The Eco-Agriculture Pivoted on Maqāṣid Asy-Syarī’ah: A Qualitative Dynamic System Analysis for Food Security Vidiati, Cory; Ridwan, Ahmad Hasan; Lathifaturahmah; Selasi, Dini; Cahyano, Heru; Safrudin, Irfan; Sahid, Mualimin Mochammad
Asy-Syari'ah Vol. 27 No. 2 (2025): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v27i2.38920

Abstract

This study aims to create a sustainable and innovative agricultural ecosystem by emphasising the importance of human effort in critically assessing and sustaining their lives amid unpredictable natural conditions. By employing a dynamic qualitative approach and developing a reproducible analysis model, we gathered primary data through observations and interviews in Sarwadadi Village, Talun, Cirebon, alongside secondary data from online research publications. The findings revealed strong collaboration among farmers, local government, academics, and agricultural experts; the potential for eco-friendly and productive land use; and the establishment of a conceptual model for the qualitative dynamics of environmental conservation (fiqh al-bī’ah), which includes system analysis, problem identification, and interventions aimed at achieving desired outcomes for the future of eco-agriculture. However, this study does have its limitations, notably the omission of Vensim model analysis, which requires quantitative data.
Increasing Halal Industry MSMEs in Gorontalo through Maqāṣid Asy-Syarī`ah Podungge, Rulyjanto; Darwis, Rizal; Ibrahim, Zumiyati S.; Rahim, Arhjayati; Baharuddin, A. Zamakhsyari; Syarifuddin
Asy-Syari'ah Vol. 27 No. 2 (2025): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v27i2.39577

Abstract

Micro, Small, and Medium Enterprises (MSMEs) are important in fostering economic develop­ment through broad-based community engagement, positioning this sector as a strategic priority for governments. The COVID-19 pandemic caused significant disruptions to the global economy, severely impacting MSMEs. Therefore, this study aimed to examine strategic measures to accelerate the growth and development of MSMEs in the halal industry in Gorontalo City. A field study method was adopted, and primary data were collected through observations, interviews, and documentation, complemented by secondary data from literature. The collected data were analysed using a qualitative descriptive method in the framework of business economics and Maqāṣid Asy-Syarī`ah principles. The results showed that both internal initiatives by MSMEs entrepreneurs and external support from governmental institutions synergise to provide essential moral and material reinforcement. These efforts were critical to the survival and growth of MSMEs and consistent with Maqāṣid Asy-Syarī`ah. Strengthening MSMEs represented a fundamental endeavour in ensuring sustainable economic resilience.
The Concept of Sadd Al-Dzāri‘Ah from the Perspective of Asy-Syāṭibī and Al-Qarāfī Towards Minimum Marriage Age Policy in Indonesia Hayatudin, Amrullah; Syaekhudin, Muhammad Tegar
Asy-Syari'ah Vol. 27 No. 2 (2025): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v27i2.44813

Abstract

The amendment of Indonesian Marriage Law No. 16 of 2019 which raises the minimum marriage age to 19 for both men and women is a crucial step by the government to reduce the prevalence of child marriage and the wide-ranging impacts on reproductive health, education, and social welfare. From the perspective of Islamic law, this policy reflects the principle of Sadd al-Dzāri‘ah which is a preventive legal method aimed at blocking any avenue leading to harm (mafsadah). Therefore, this study aimed to analyze the application of Sadd al-Dzāri‘ah as conceptualized by Imam Asy-Syāṭibī and Al-Qarāfī using a library analysis and a normative juridical method. The results showed that revising the minimum marriage age supported the preventive essence of Sadd al-Dzāri‘ah, as it mitigated negative consequences including psychological immaturity, maternal health risks, and socioeconomic inequality. Therefore, this policy embodied the legal protection for society and also actualized the objectives of Islamic law (maqāṣid asy-syarī‘ah) in preserving life (ḥifẓ an-nafs), intellect (ḥifẓ al-‘aql), and lineage (ḥifẓ an-nasl), reaffirming the relevance of fiqh (Islamic jurisprudence) in addressing contemporary legal and social issues.
Maqashid Sharia Approaches in Pension Fund Programs: Bank Muamalat Indonesia and Taspen Comparison M. Iqbal; Pamuji; Sari, Ajeng Permata; Fernandho; Aidonojie, Paul Atagamen
Asy-Syari'ah Vol. 27 No. 2 (2025): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v27i2.45295

Abstract

Pension funds function as instruments for long-term welfare protection; however, their development in Indonesia remains constrained by low financial literacy, limited public participation, and governance and fiscal sustainability issues, including investment irregularities in state pension institutions. In line with rising demand for sharia-compliant financial instruments, the Maqashid Sharia framework emphasizes welfare (maslahah), accountability, and risk mitigation. This study aims to analyze the implementation of pension fund programs at Bank Muamalat Indonesia and Taspen through a Maqashid Sharia lens, by examining governance structures, investment mechanisms, and the alignment of programs with welfare objectives and system sustainability. This qualitative case study relies on secondary data, including corporate profiles, portfolios, participant statistics, and financial reports of Taspen and DPLK Syariah Muamalat. The findings indicate that Taspen’s defined benefit, pay-as-you-go scheme provides benefit certainty for civil servants and their heirs, thereby fulfilling individual-level maslahah (hifz al-nafs, hifz al-nasl). However, from a macro-Maqashid perspective, it imposes a heavy fiscal burden on the state budget, undermines hifz al-mal at the state level, and exposes the state to governance and investment risks. Conversely, DPLK Syariah Muamalat program, grounded in sharia principles, supervised by a Sharia Supervisory Board, and operated under a defined contribution scheme with selectable investment packages, is more closely aligned with Maqashid Sharia (hifz al-din, al-mal, al-nafs, al-nasl, al-‘aql), although its outreach remains limited. The study recommends gradual reform toward a fully funded model based on business-to-business partnerships and sharia-compliant investment instruments as an alternative pension design that is more equitable, sustainable, and consistent with Maqashid Sharia.
Mosques as Catalysts for Islamic Financial Inclusion: Evidence from Branchless Banking Implementations Sofiani, Trianah; bin Ahmad, Shofian; Pratami, Bunga Desyana; Suhendar, Heris
Asy-Syari'ah Vol. 27 No. 2 (2025): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v27i2.48309

Abstract

Islamic financial inclusion in Indonesia remains relatively low among the unbanked and underbanked populations, who have limited access to formal banking services. This condition necessitated Bank Syariah Indonesia to introduce a branchless banking initiative, known as BSI Smart, which is integrated with mosques to expand equitable access to Islamic financial services. Therefore, this study aimed to analyze the effectiveness of implementing a branchless banking policy integrated with mosques to increase Islamic financial inclusion. The analysis adopted qualitative methods, collecting data through interviews and questionnaires. Interviews were conducted with 10 informants selected purposively. Questionnaires were further administered to 100 respondents in rural areas and 100 in urban areas who were randomly selected. Correlating with the theories of Edwards and Metter-Horn, this study showed that implementing branchless banking policy through mosques remained ineffective due to inaccurate targeting, limited facilities and infrastructure, suboptimal communication, and the community's socio-economic conditions, which tended to favor informal financial institutions. The novelty of the analysis lay in the integration of mosques as centers for Islamic financial literacy and education, directly connected to BSI Smart agents. This allowed mosques to serve as places of worship and centers of economic empower­ment for the community. Additionally, the model had the potential to become a new strategy in expanding the reach of Islamic banking that was more inclusive, sustainable, and in accordance with Islamic principles.

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