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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 6 Documents
 1 
Search results for , issue "Vol 59 No 2 (2025)" : 6 Documents clear
Fatwa and the Question of Meaning: A Hermeneutic Reading of Zakat on Illicit Wealth Muhammad Fauzinudin Faiz; Aouich, Abdelmalek; Miftahussur, Wildan
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 2 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i2.1593

Abstract

Illicit wealth is legally excluded from the obligation of zakat; however, it remains morally conceptualized as requiring purification. This article examines the interpretation of zakat on illicit wealth through a hermeneutic analysis of Fatwa No. 13 of 2011, issued by the Indonesian Ulama Council (Majelis Ulama Indonesia, MUI). The fatwa asserts that zakat is not obligatory on unlawfully acquired assets, as such wealth is not legally recognized under Islamic law. Rather than concentrating on the doctrinal legitimacy of this stance, the study investigates how religious communities comprehend and respond to the fatwa in relation to moral purification and wealth redistribution. Employing Hans-Georg Gadamer’s notions of pre-understanding (Vorverständnis) and fusion of horizons (Horizontverschmelzung), the research utilizes a philosophical hermeneutic approach within a socio-legal framework. It conceptualizes the fatwa not merely as a static legal document but as an interpretive event situated within a dynamic dialogue between normative teachings and lived social meanings. The findings reveal that many Muslims regard zakat not only as a legal duty but also as a spiritual act of cleansing, even when the wealth originates from unlawful sources. This highlights a disjunction between the legal content of the fatwa and the moral imagination of its public audience. The study concludes that fatwas should not be interpreted as unequivocal commands but as discursive texts negotiated through shared ethical and cultural horizons.
Sharia Norms and Digital Economy Practices: A Comparative Legal Analysis of Consumer Protection and E-Payment Regulation Ramdhani, Fajri Zulia; Lutfi, A Hashfi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 2 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i2.1594

Abstract

In contemporary Indonesia, it is a common—though not universal—practice among merchants to impose an additional charge on consumers when payments are made using the Quick Response Code Indonesian Standard (QRIS). This practice is often justified on the basis that merchants disclose the charge in advance and that consumers provide voluntary consent, a rationale frequently associated with Fatwa No. 116/DSN-MUI/IX/2017 concerning Sharia-compliant electronic money. However, this practice raises significant regulatory and consumer protection concerns within the digital payment ecosystem. This article critically examines the regulatory challenges related to QRIS-based digital payments and their implications for consumer protection through a comparative analysis of Fatwa No. 116/DSN-MUI/IX/2017 and Bank Indonesia Regulation (PBI) No. 23/6/PBI/2021. The study identifies a fundamental divergence in the regulation of the Merchant Discount Rate (MDR): while the fatwa permits the imposition of such charges provided there is full disclosure and explicit consumer consent, PBI explicitly prohibits the transfer of MDR fees to consumers. This regulatory inconsistency and normative contradiction generate misinterpretation and legal ambiguity in practice, ultimately undermining consumer trust in digital payment systems. Consequently, this study advocates for the urgent revision of the existing fatwa through the issuance of new fatwas that more explicitly safeguard consumer rights in digital transactions.
Ideology, Maqāṣid, and Politics: The Paradox of Al-Qaraḍāwī’s Islamist Thought Sulaiman, Akhmad; Masrukhin, Mohammad Yunus; Sunaryo, Agus; Zaman, Akhmad Roja Badrus
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 2 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i2.1615

Abstract

The renewal of maqāṣid (Islamic legal objectives) emphasizes the substance and purpose of the law, in contrast to ideology, which compels adherence to non-negotiable commitments. This study investigates Yūsuf Al-Qaraḍāwī’s reluctance to apply maqāṣid-based hermeneutics to qaṭʿiyyat al-dilālah (texts with definitive meaning), situating this reluctance within the ideological framework of Islamism to which he remained committed. Through a combined textual and contextual analysis of Al-Qaraḍāwī’s writings and relevant secondary literature, the study demonstrates that his resistance to contextual reinterpretation—reinforced by the status of these texts as qaṭʿiyyah al-wurūd—derives from their construction as immutable foundations of orthodoxy that safeguard the unity of the ummah. This stance serves a dual ideological function: it preserves qaṭʿiyyah texts as fixed boundaries within an Islamic polity and mobilizes them as symbols of pan-Islamic solidarity. Although Al-Qaraḍāwī’s vision of a supranational Islamic state evolved into a transnational authority network through the International Union of Muslim Scholars (IUMS), the underlying ideological imperatives of unity and divine sovereignty remained intact. The article concludes that Al-Qaraḍāwī’s thought exemplifies both the possibilities and limitations of maqāṣid reasoning when situated within the doctrinal commitments of Islamism. This study contributes to a deeper understanding of how Islamic legal thought is transformed into an instrument of ideological legitimation within modern Islamic reformism.
Halal Maritime Industry and the Blue Economy: Integrating Legal and Fatwa-Based Strategies for Sectoral Transformation Rachman, Abdul; Lukman Santoso; Imamuddin, Imamuddin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 2 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i2.1616

Abstract

This study examines the repositioning strategies of Indonesia’s halal maritime industry within the framework of the blue economy, employing positive law and fatwas issued by the Indonesian Ulama Council (MUI). Despite Indonesia’s considerable maritime potential, the halal maritime sector remains underdeveloped, thereby necessitating strategic repositioning. Utilizing a qualitative, descriptive-analytical, and normative juridical methodology, the research reveals that the proposed strategies correspond with Elkington’s Triple Bottom Line Theory across five key pillars: (1) cross-sectoral regulatory harmonization that integrates public policy, legislation, and halal fatwas; (2) development of halal maritime infrastructure, encompassing ports, cold chain logistics, transportation, certification processes, and blockchain-based traceability; (3) institutional collaboration among government agencies, BPJPH, BPOM, and MUI concerning derivative products; (4) establishment of a comprehensive halal maritime ecosystem; and (5) enhancement of halal seafood export competitiveness to support halal diplomacy. The study contributes theoretically by bridging the blue economy concept with legal frameworks and fatwas, and offers a practical, sustainable model for industry repositioning. Policy implications underscore that, without the integration of regulatory measures and fatwas, the halal maritime industry will remain marginal and fail to serve as a catalyst for Indonesia’s Islamic economic development.
Community, Court, and Conciliation: Designing a Hybrid Mediation Model for Islamic Divorce Adjudication Solihin, Rohmad Agus; Fauzi, Imron
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 2 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i2.1619

Abstract

The appointment of a hakam, an individual who mediates disputes, in divorce proceedings constitutes a crucial mechanism for advancing justice and reconciliation within both Islamic law and the Indonesian judicial system. This study offers a comparative analysis of two predominant hakam models in Jember Regency: the formal-institutional approach utilized by the Religious Court and the communal-cultural approach practiced by community leaders or local religious figures (Kiai). Employing a qualitative case study methodology, the research draws on data collected through in-depth interviews with ten purposively selected participants, including judges, mediators, religious leaders, community elders, and divorced individuals, supplemented by direct observation and document analysis. The findings reveal that the formal-institutional model ensures legal certainty through standardized mediation procedures; however, it often overlooks the social and cultural dimensions of marital conflict. Conversely, the communal-cultural model emphasizes empathy, religious authority, and contextual harmony but lacks binding legal authority and enforceability. This study underscores the potential for synergy between formal legal mechanisms and socio-cultural practices. It contributes to the literature by proposing a hybrid hakam framework that integrates procedural justice with cultural responsiveness, demonstrating how the convergence of legal formalism and communal concern can enhance the effectiveness, fairness, and cultural relevance of Islamic divorce resolution in Indonesia.
Classical Fiqh, State Authority, and Digital Governance: Islamic Legal Discourse on Cyber Law in Malaysia Magfur, Muhammad Ali
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 2 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i2.1666

Abstract

The rapid advancement of digital technology has generated legal challenges that are not explicitly addressed within classical Islamic jurisprudential texts. These challenges have become increasingly complex, as the regulatory frameworks governing social practices in the nation-state era are no longer exclusively grounded on the religious legal norms upheld by the Muslim community. This study aims to analyze Malaysian cyber laws pertaining to various cyber-related issues, including cryptocurrency, personal data protection, and cyberbullying. By integrating the concept of al-maskūt ‘anhu—a recognized space of legal silence in Islamic legal theory that permits contextual reasoning—with the notion of Islamic law as a discursive tradition, this study proposes a novel analytical framework for comprehending how modern state law can embody Islamic normative reasoning without reliance on explicit textual precedents. Empirically, it provides one of the first systematic analyses of Malaysian cyber law through this combined perspective, thereby repositioning the role of the state not as a competitor to Islamic legal authority but as a central agent in sustaining the continuity of Islamic legal discourse in the digital era. This study contributes to the field by demonstrating that contemporary cyber regulations in Malaysia should not be regarded merely as external or supplementary to Islamic law, but rather as integral components of an ongoing Islamic legal discourse shaped by state authority and bureaucratic governance.

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