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Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 08548722     EISSN : 24430757     DOI : 10.14421/ajish
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
2nd Floor Room 205 Faculty of Sharia and Law, State Islamic University (UIN) Sunan Kalijaga, Marsda Adisucipto St., Yogyakarta 55281
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Articles 8 Documents
 1 
Search results for , issue "Vol 59 No 1 (2025)" : 8 Documents clear
From Divine Revelation to Legal Practice: Contextualizing Islamic Law in the Contemporary Era Karimullah, Suud Sarim
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1336

Abstract

This study aims to illuminate the gap between the idealism of Islamic law and its practical implementation by providing a deep insight into the associated challenges and potential solutions. The focus is on detailing the obstacles and strategies for realizing a dynamic Islamic law that aligns with the demands of contemporary Muslim societies. Employing library research methods, this study conducts an integrative and comprehensive analysis of the literature, summarizes significant information, traces ongoing debates, and formulates well-rounded conclusions. The findings reveal that the pragmatic application of Islamic law requires an inclusive and open approach to universal values and social contexts. Contextual interpretation and an in-depth understanding of Islamic legal texts are crucial for developing implementation strategies relevant to everyday life, considering social, cultural, political, and technological dynamics. Flexibility and responsiveness in interpreting Islamic law are essential to maintaining its relevance and benefits for the Muslim community. Therefore, Muslim countries must adopt a dynamic approach, remain open to change, and focus on the needs of modern Muslim societies. By integrating universal values that correspond with contemporary times, the implementation of Islamic law transcends legal aspects and becomes a vehicle to promote justice and welfare within Muslim communities today.
Contesting the Boundaries of Sharia Compliance: Legalizing Income Smoothing in Indonesian Islamic Banking Fakhrina, Agus; Arwani, Agus; Hamid, Abdul; Adeel, Nazia
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1502

Abstract

Economic pressures have prompted Islamic banks to implement income smoothing techniques when distributing returns on third-party funds, raising questions about the legitimacy of these practices from an Islamic legal perspective. This paper aims to examine the income smoothing guidelines issued by the National Sharia Council of the Indonesian Ulema Council and their impact on the distribution of third-party fund returns by Islamic banks. The primary data source for this research is a fatwa from the National Sharia Council, accessible on its official website. Employing Islamic legal discourse, this study finds that the income smoothing method for distributing third-party fund returns is approved by the National Sharia Council as a form of ḥīlah (a legal stratagem used to provide solutions and alleviate difficulties) to regulate profit recognition and reporting. This approval is grounded in istiḥsān (legal preference), which considers customary law (al-‘urf) and public interest (maṣlaḥah) as key justifications. Practically, this approval enables Islamic banks to remain competitive with conventional banks while also raising public awareness that there is little difference between Islamic and conventional banking.
Institutional Ijtihād and Socio-Legal Adaptation: The Formulation of Waṣiyah Wājibah in Indonesia’s Compilation of Islamic Law Achmad Roziqi; Ramadhan, M. Rizki Syahrul; Ananda Prayogi; Falah, Fajrul
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1517

Abstract

Studies of Islamic law in Indonesia have generally framed wasiat wājibah (mandatory will) merely as a normative innovation, without providing a comprehensive account of the epistemic processes and socio-cultural dialectics underpinning its formulation. This article examines the rationale behind wasiat wājibah in the drafting process as a form of institutional ijtihād (reasoning) responsive to the plural realities of Indonesian Muslim society. Employing a library-based method within a socio-legal framework, the study analyzes the Compilation of Islamic Law (KHI) alongside its official preparatory documents, legal periodicals, judicial decisions, and relevant regulations from other Muslim-majority jurisdictions. The findings reveal that the construction of wasiat wājibah under Article 209 of the KHI—which grants rights to adopted children and adoptive parents—emerged from an interplay among textual sources of the Sharīʿah (Islamic law), local ʿurf (custom) practices, and the maqāṣid al-sharīʿah (objectives of Islamic law) framework. This construction synthesizes naṣṣ (Qurʾān and hadith), customary adoption traditions, the views of Ibn Ḥazm, and legal precedents from Egypt and Morocco, as reflected in each stage of the KHI’s formulation. The study argues that wasiat wājibah functions as a legal instrument that is adaptive, progressive, and responsive to the demands of substantive justice in Indonesia’s plural Muslim society. It further recommends developing wasiat wājibah models to accommodate marginalized groups excluded from inheritance distribution while preserving the integrity of the foundational principles of the Sharīʿah.
Bad Debt Restructuring Policy for Micro, Small, and Medium Enterprises in Yogyakarta: An Evaluative Study from the Maṣlaḥah Perspective Halim, Abdul; Wahyuni, Sri; Abidin, Ratnasari Fajariya
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1448

Abstract

The Covid-19 pandemic has been declared over in recent years; however, economic activity—particularly among Micro, Small, and Medium Enterprises (MSMEs)—has yet to stabilize, leading to challenges for some enterprises in fulfilling their credit obligations. Utilizing the maṣlaḥah (beneficial interest) framework, this study aims to evaluate the bad credit restructuring policy for MSME entrepreneurs in Yogyakarta. This research employs a normative juridical approach, incorporating observation, interviews, and document analysis to examine the implementation of Financial Services Authority Regulations No. 17/POJK.03/2020, which addresses bad credit restructuring for MSME entrepreneurs. The findings reveal that the restructuring and relaxation of bad credit measures following the Covid-19 pandemic function as policies intended to facilitate compromise between creditors and debtors amid ongoing economic instability. The study underscores that this policy yields significant benefits for all stakeholders involved and asserts that these benefits align with the concept of maṣlaḥah mu’tabarah (significant beneficial interest), indicating their endorsement and obligation within the Islamic legal framework.
Toward Ecological Justice: A Maqāṣid-Based Socioeconomic Analysis of Coastal Reclamation in Tapakerbau, Indonesia Taufiq, M.; Suaidi, Suaidi; Abdillah, Kudrat
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1524

Abstract

This study investigates the academic challenge of reconciling economic development with ecological sustainability in the context of coastal reclamation in Tapakerbau, Sumenep, Indonesia—a process that has generated social conflict, environmental degradation, and distributive injustice. Utilizing the maqāṣid framework, the research employs a qualitative socio-legal methodology, incorporating in-depth interviews, field observations, and analysis of legal documents alongside a review of literature on Islamic environmental jurisprudence (fiqh al-bī'ah). The findings reveal that, despite the brief duration of the reclamation project, it resulted in initial ecological damage, restricted fishermen’s access to coastal resources, and reinforced the dominance of local political and economic elites. This study emphasizes the significance of environmental preservation (ḥifẓ al-bī'ah) as a fundamental objective within the framework of maqāṣid discourse, particularly in the context of contemporary ecological challenges. It highlights the imperative for coastal development models that are inclusive, participatory, and ecologically equitable. Practically, the Tapakerbau case provides a crucial lesson for environmental conservation in Indonesia, emphasizing the importance of addressing sustainable development and environmental justice issues.
Law, Society, and Religion: Rethinking Taʿzīr and Capital Punishment for Drug Trafficking in Indonesia Fauzan, Muhammad Nuril
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1608

Abstract

This paper critically reevaluates the concept of taʿzīr—a discretionary category of punishment within Islamic criminal law—by examining its interplay with capital punishment for drug crimes in Indonesia. While taʿzīr is traditionally regarded as less severe than divinely mandated punishments such as ḥudūd and qiṣāṣ, its contemporary implementation reveals a more intricate and expansive nature. Employing Indonesia’s regulation of narcotics trafficking under Law No. 35 of 2009 (Articles 114 and 119) as a case study, the analysis contextualizes the legal framework within broader social and religious dimensions. The study demonstrates that considerations of maṣlaḥah (public interest), deterrence, and the classification of narcotics offenses as extraordinary crimes serve to legitimize the application of capital punishment. Several indicators suggest that taʿzīr may extend beyond its classical boundaries: the authorization of the death penalty for offenses not explicitly addressed in textual sources, quantitative criteria triggering maximum sanctions, reliance on state sovereignty in defining punishments, and the absence of traditional fiqh-based mitigation mechanisms. By integrating legal, societal, and religious perspectives, this study reveals that taʿzīr in the Indonesian context potentially surpass the severity of ḥudūd and qiṣāṣ punishments, thereby raising critical questions regarding the flexibility and limits of Islamic criminal justice within modern nation-states.
Sexuality and Religious Court Authority: Interpreting Homosexuality in the Khulʿ Divorce Case in Singkawang, Indonesia Anandya, Rivany; Ardiansyah; Hakim, Muhammad Lutfi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1621

Abstract

Homosexuality, defined as same-sex relationships among men, is not explicitly recognized as a legal ground for divorce under Indonesian marriage law. This study examines how judges interpret homosexuality in divorce proceedings, focusing on a khulʿ case filed by a wife in the Religious Court of Singkawang, West Kalimantan, Indonesia. The case exposes a normative gap between formal legal provisions and the socio-religious realities encountered by Muslim women seeking legal protection. Employing a socio-legal approach and qualitative content analysis of Decision No. 134/Pdt.G/2025/PA.Skw as primary data, the research explores judicial reasoning within the frameworks of discretion and interpretive practice that connect statutory law, Islamic legal principles, and social context. The findings reveal that the judges intentionally characterized homosexuality as “deviant behavior” constituting ongoing marital discord (shiqāq). This reasoning integrates juridical references to statutory law and judicial precedents, theological arguments derived from Sūrat al-Rūm verse 21, and several qawāʿid fiqhiyyah (Islamic legal maxims) emphasizing harm elimination, alongside moral and social considerations that underscore divorce as a means to prevent greater harm. This study advances a theoretical framework of interpretive strategies that bridge normative gaps and illuminate how Islamic family law is adjudicated within the evolving socio-legal landscape of contemporary nation-states.
Bridging Justice Systems: Asset Confiscation in Anti-Corruption Law and Islamic Jurisprudence Tedhalosa, Adhing; Nugroho, Hibnu; Raharjo, Agus; Syahputra, Azmi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1611

Abstract

Under Indonesia’s Anti-Corruption Law, asset confiscation is treated as a civil and in personam matter, further impeded by parliamentary opposition to the Asset Forfeiture Bill. This article examines deficiencies in Indonesia’s asset recovery framework through a comparative legal analysis with Islamic jurisprudence. Employing a critical–comparative approach, the study conducts a normative analysis of Law No. 20 of 2001 on Corruption Eradication, Law No. 8 of 2010 on Money Laundering, the Draft Asset Forfeiture Bill, and Law No. 1 of 2023 (the new Criminal Code), alongside Islamic legal sources. Anchored in the Islamic principle of radd al-maẓālim (the restitution of unjustly acquired wealth), the findings reveal that corruption encompasses both criminal and civil aspects. The study contends that the adoption of a non-conviction-based forfeiture mechanism—underpinned by a calibrated reverse burden of proof and robust judicial safeguards—could substantially improve Indonesia’s capacity for asset recovery. In practical terms, this research highlights the imperative of enacting comprehensive asset confiscation legislation as a fundamental component of Indonesia’s anti-corruption reforms.

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