Sharia Research Articles

The Role of Digital Education in Overcoming the Challenges Facing the Teaching Of Islamic Culture, Perspective of Jordanian University Faculty Members

This research investigates the problems encountered in teaching Islamic culture from the faculty members' point of view within faculties of Sharia law at Jordanian universities and determines the role of digital education in solving these problems. With a view to achieving these objectives, a questionnaire was designed containing 36 items and various fields related to the different challenges and the role of digital education with the descriptive analytical method. The research sample consisted of faculty members in the Sharia faculties of Yarmouk University, Al-Bayt University, and Mu'tah University. Results showed there were a lot of challenges that faced teaching Islamic culture, and how digital education is influential in surmounting them. These results support the null hypothesis of the study, that all faculty members face similar challenges in the implementation of digital education; therefore, no significant impact from demographic variables such as gender, department, or even years of experience. It means that other factors might be more conducive to surmounting the problems facing teaching Islamic culture, such as providing suitable technological infrastructure, technical and training support to faculty members, and the development of engaging and attractive digital educational materials compatible with the requirements of Islamic culture.

Digawa Community: Their Beliefs and Opinions: A Critical Analytical Study in Light of Islamic Sharia

This study examines the Digawa group in northern Nigeria, particularly in Jigawa State, known for their distinct beliefs and practices among Muslims. The research critically analyzes their history, divisions, and socio-economic impact to differentiate acceptable beliefs from those deemed rejected. Utilizing descriptive, analytical, field, and critical methods, the study references the sayings of Digawa leaders and Islamic Sharia texts. The Digawa are divided into praying (Qadiriyya and Mahdiyya) and non-praying sections, each with unique practices such as strict confinement of women, prohibition of music, and specific burial customs. The findings reveal significant deviations from mainstream Islamic scholarship, emphasizing the need for informed intervention to guide the Digawa towards more universally accepted practices. This analysis is supported by the Islamic principle of Ijtihad, which allows for interpretation and adaptation of Islamic teachings to ensure alignment with the core values and broader consensus within the Muslim ummah.

The Innovation of Digital Payment System with QRIS in National Open API and Maqasid al-Sharia Standards

QRIS is a digital payment system innovation standardized as a national QR code in Indonesia. This paper analyzes the National Open API and Maqasid al-Sharia standards within the QRIS digital payment system. Employing a qualitative descriptive methodology, the study determined that Bank Indonesia formulated three National Open API standards: governance guidelines, data standards with technical specifications, and technical and safety standards. Aligned with Maqasid al-Sharia, the analysis reveals a significant correlation between QRIS and its core tenets, specifically Hifz ad-Din (safeguarding religion) and Hifz al-Mal (preserving wealth). Moreover, viewing maqasid as a methodological framework, QRIS is deemed a legal and halal system conforming to maqasid. This topic can be examined from five dimensions: the payment system's alignment with Sharia law, its widespread use among traders (urf tujjar), the contractual adherence (ijab qabul) to Islamic sharia and user benefits, the reflection of service value in QRIS service fees, and mutual advantages for both parties. Regarding maslahah, QRIS falls under dzanni maslahah, necessitating its implementation to be entrusted to contemporary mujtahids for the continued benefit of users

Journal Implications for the Decision of Sharia Economic Case Number 5K/Ag/2023

Islamic economics is experiencing a rapid expansion, which may lead to inevitable conflicts. In Indonesia, the religious court is the authorized legal institution designated to resolve financial disputes related to Sharia law. Religious courts are authorized to settle financial disputes related to sharia in accordance with Law No. 7 of 1989 regarding Religious Courts and Law No. 3 as of 2006. The aim of this study is to gain a deeper understanding of the resolution of default disputes through the Supreme Court's decision titled "Implications for Arguments and Considerations in the Decision on Sharia Economic Disputes Number 5K/Ag/2023". A descriptive qualitative method was employed to conduct this research. This methodology focuses on collecting data and conducting in-depth analyses to comprehend the studied phenomenon. The findings of this study indicate that the decision of the judex facti/mahkamah sha'riyah Aceh is in accordance with the law, and therefore the cassation petition filed by the appellant must be denied. Objective analysis shows that the case was handled lawfully, without any violation of legal regulations or principles.Keywords: Sharia Economic Law, Religious Courts, Case Law

Strategi Berinvestasi terhadap Keberhasilan Investasi Saham Syariah di Pasar Modal Syariah

Stocks and the Indonesian capital market coexisted in Indonesia in 1912, when the Indonesian capital market was first established. An Islamic regulation master named Abdurrahman Isa contends that stock trading exchanges are permitted in religion, including shares gave by banking organizations, where a portion of the exercises are revenue based credit. This is based on the circumstances of Muslims, who, in his opinion, are in a dhorurat state. This study made use of literature research, which uses information from books and other sources to investigate the method for putting into practice investment in sharia stocks as a tool for economic improvement. The English word investment, which means to plant, was adopted from the British language. According to the Dictionary of Capital Market and Financial Terms, "investment" refers to putting money or capital into a business with the intention of earning a profit. The Capital Market Law regulates the sharia capital market, which is a capital market that does not violate sharia law. In this instance, the Capital Market and Financial Institutions Supervisory Agency (Bapepam-LK) continues to oversee the sharia capital market. The fundamental difference between the sharia capital market and the conventional capital market is that the sharia capital market must adhere to sharia law in all transaction mechanisms and issuers traded in it. In other words, there is no significant difference between the two markets.

The Role of Traditional Salt Production in Achieving Halal Standards of the Ulamaconsultative Council: Implications for Sustainable Development Goals

Objective: The fact in salt production by traditional coastal communities is a lack of understanding of the halal standards for salt production formulated by the Ulama Consultative Council in the Aceh region. Supposedly, Muslim salt farmers already have basic knowledge about halal salt production standards under Islamic sharia rules. This article, therefore, describes the salt processing process that conforms to halal production standards, including the main raw materials, workers, facilities, production processes, product packaging, and product distribution under Islamic law. Method: The data used in this study were observations of Lancang coastal salt (coastal salt fields), interviews with the head of LPPOM MPU and secretaries, the head of the Banda Aceh Maritime Affairs and Fisheries Service, 241 coastal salt farmers, and three staff supporting salt farmers. Data were also obtained through a focus group discussion attended by all elements involved in the Acehnese halal salt production. Results: The results of this study highlighted that four standards had been met: raw material standards, worker standards, packaging standards, and distribution standards. Meanwhile, two standards have not been fulfilled: the standard for processing and the standard for the facilities used. Both have not met halal standards according to the guidelines of the Ulama Consultative Council in Aceh. SDGs Review | São Paulo (SP) | VOL. 4 | e01594 | pag: 01-47 | Jan-Dec | 2024. Contribution: this research helps improve the quality of salt produced by traditional farmers in Aceh by introducing and guiding them to comply with the halal standards set by LPPOM MPU Aceh. Education and awareness-raising among farmers about the importance of halal production are key points, where they are taught how to apply halal principles at every stage of the salt-making process. With a better understanding of these standards, farmers can not only improve the quality of their products but also obtain halal certification, which in turn increases the market value and consumer trust in the salt they produce. Furthermore, this research positively impacts the local economy by opening up broader market opportunities for traditional salt farmers. Halal certification allows them to sell their products to a larger market segment, including consumers who prioritize halal products, thus increasing the income and well-being of the farmers. Additionally, this research emphasizes the importance of preserving traditional methods in salt production, ensuring that techniques passed down through generations remain relevant and comply with current halal standards. The findings of this research also provide valuable input for the government and related institutions in formulating policies that support halal production and the sustainability of traditional salt farmers. As a model or example of best practices, this research can be adopted by other regions with traditional salt production, enabling them to follow Aceh's lead in implementing halal production standards. Thus, this research not only directly benefits traditional salt farmers in Aceh but also has the potential to inspire and drive positive changes at the national level.

Sustainability of Islamic Banking in the Midst of Global Economy: Case Study in Indonesia

Sharia banking is a bank whose activities refer to Islamic law and in its activities neither charges interest nor pays interest to customers. Sharia bank rewards received or paid to customers depend on the contracts and agreements entered into by the customer and the bank. Agreements (contracts) contained in sharia banking must comply with the terms and pillars of the contract as regulated in Islamic sharia. Over the last decade, the Islamic banking industry has developed very rapidly, not only the number of Sharia Commercial Banks (BUS) but also their assets have increased several times to hundreds of trillions. Seeing the current phenomenon of sharia banking is the author's interest in carrying out research. This research approach uses a descriptive approach, namely by obtaining data collection and data analysis aimed at creating systematic, current and accurate descriptions, depictions of the facts, as well as the relationships between the phenomena being investigated. The types and sources of data are quantitative data and secondary data taken from company reports. The results obtained are that Bank Syariah Indonesia is included in the very rapid development category. This is proven every year that he is able to achieve good goals and development. This shows that the public's response to trusting Indonesian Sharia banks is very good. And able to balance the challenges and opportunities in this current of globalization.

مسائل دعوية في ظاهرة سب الرب والدين في الدول العربية (دراسة وصفية تحليلية مقارنة)

Cursing God and religion is a phenomenon that continues to spread in twelve Arab countries and urged to be resolved. This research aims to strengthen and improve the way to combat this phenomenon from the side of da'wah by outlining several issues, such as; the widespread confusion that hampers efforts to resolve this phenomenon in terms of da'wah, sharia law related to vigilantism to perpetrators of blasphemy of God and religion acted upon unemphatically by positive law, the reasons that cause people to gradually insult God and religion, and a comparison of the efforts of the two most prominent media outlets in each Arab country to find out whether they are carrying out their journalistic responsibilities. Using descriptive, analytical, and inductive methods, this study concludes that vigilante actions against perpetrators of blasphemy of God are prohibited because this is part of the verse that prohibits blasphemy. In addition, most popular media channels have played a less important role in resolving this phenomenon.

Analyzing Research Trends and Future Prospects in Islamic Capital Markets through Bibliometric Mapping

This study conducts a comprehensive bibliometric analysis of the Islamic finance field, utilizing VOSviewer to map out the scholarly landscape and investigate author collaborations, thematic clusterization, and evolving research trends. Our analysis identifies key thematic clusters centered on Islamic banking, Sharia law, and various financial instruments like Sukuk, along with the examination of market dynamics such as volatility and the impact of global disruptions like the COVID-19 pandemic. The study highlights the multidimensional nature of Islamic finance research and pinpoints areas with potential for deeper investigation, particularly in the integration of technology and ethical finance principles into Islamic financial practices. Furthermore, the exploration of author collaboration networks reveals a robust academic community with influential scholars at the core, facilitating a dynamic exchange of ideas and fostering significant research developments. The findings suggest promising directions for future research, emphasizing the need for further integration of interdisciplinary approaches and emerging technologies in the field of Islamic finance. This study serves as a valuable resource for academics, practitioners, and policymakers engaged in Islamic finance, offering insights that can drive future innovations and collaborations in the sector.

Ecological Restoration and Sustainable Development: The Impact of Wakaf Forest Institutions on Socio-Economic Benefits

Indonesia is enhancing forest landscapes, particularly in deforestation-affected areas, through waqf forests to achieve environmental sustainability and community welfare. This study examines the ecological restoration processes within waqf forests and offers policy recommendations. It investigates causal relationships affecting waqf forest populations in Cibunian and Cibeureum villages using an ex post facto design and quantitative methods. Focusing on Cibunian beneficiaries, who generally possess higher education levels, the study explores the link between education and improved forest management. Data were collected via structured questionnaires and analyzed using Structural Equation Modeling (SEM). Findings reveal that the Waqf Forest Institution significantly impacts the socio-economic benefits of the waqf forest, contributing 26.4% to these benefits. Additionally, the institution enhances the ecological restoration of the waqf forest by 13.9%. The path coefficient value indicates a positive influence on the sustainability of these socio-economic benefits. Hypothesis testing confirms a significant impact of the Waqf Forest Institution, validating the alternative hypothesis (Ha). The Waqf Forest Institution is a vital resource for the local community, offering sustainable forest management and generating income. Managed in accordance with Indonesian laws and Islamic Sharia regulations, the institution strategically selects sites to improve service access and enhance the forest's role in livelihoods. The study underscores the importance of higher education in improving forest management and suggests policy frameworks support educational initiatives alongside ecological projects. Implications advocate for community-based financial models and strategic partnerships to address environmental challenges and promote sustainable development.

Legality of Bitcoin in the Perspective of Fiqh Muamalah

This study investigates the legality of Bitcoin from the perspective of Fiqh Muamalah through qualitative analysis and literature review. Fiqh Muamalah, an Islamic jurisprudential framework, regulates economic transactions according to Sharia law. The research examines whether Bitcoin, as a digital currency, aligns with Islamic legal and ethical standards by analyzing scholarly articles, religious texts, and fatwas issued by Islamic scholars. Key considerations include Bitcoin's nature as a currency, its speculative role, and potential for illicit activities. Findings reveal diverse scholarly opinions, with some viewing Bitcoin as permissible under specific conditions, while others raise concerns about its speculative nature and lack of intrinsic value. This study aims to provide comprehensive insights into Bitcoin's legality within Fiqh Muamalah, offering valuable information for policymakers, financial institutions, and Muslim investors.

Islamic Law, Oil Wealth, and the Modern State in the Gulf: The Scope of the Sharia in Twentieth-Century Qatar

Abstract How can one write the modern legal history of the Gulf states without projecting onto the past the contemporary hegemony of the modern nation-state? What narratives other than secularization stories might be told? And what archives are available to us to facilitate such an endeavor? This paper addresses these questions with reference to Qatar, where a powerful sharia judiciary developed under the British Protectorate maintained its autonomy until the 1990s. The publications of the Presidency of Sharia Courts (est. 1958) and the work of its long-time president, Shaykh ʿAbdallāh b. Zayd Āl Maḥmūd (1911–97), suggest that oil wealth, modern state bureaucracy, and the British legal order expanded – rather than curtailed – the scope of sharia law in Qatar in the course of the twentieth century. Sharia scholars and institutions reinforced the rule of law, contributed to minimizing the role of customary norms in society, replaced commercial courts and alternative modes of dispute resolution, and helped establish an autonomous legal sphere separate from political power.

"MAMA PAPA PLEASE HEAR ME": THE PARTICIPATION OF CHILDREN IN CHILD CUSTODY MEDIATION IN THE SYARIAH COURTS OF MALAYSIA

The laws in Malaysia uphold the rights of children to participate in family law proceedings, particularly in custody disputes. However, with regard to the practice of mediation (sulh) in child custody disputes, the specific legislation that highlights measures to obtain the views of children is still vague. This paper will discuss the practice of children’s participation during mediation (sulh) in child custody disputes. The study reported in this paper has also highlighted the challenges and the adequacy of legal provisions on the practice of children’s participation during mediation (sulh). The present qualitative study has adopted a library-based research method to collect information, data, and theories from selected materials, including journal articles, textbooks, statutes, and interview methods. It also discussed how children were engaged in court-directed mediation proceedings in the Syariah Court of Malaysia. It has also examined the practice of the Syariah court in accepting the voice of children in mediation regarding decision-making in child custody dispute cases. The examination focused on the relevant legislations and policies relating to children participating in mediation in the context of international legal provisions and Syariah laws. The paper further discussed the analysis of whether the rules and procedures in Malaysia are adequate to sustain children’s participation during mediation. The data were also gathered from interviews conducted with mediators or sulh officers. Finally, the study revealed that interviewing children during sulh sessions at the Syariah Court is common even though there are no clear regulations on the practice. It is suggested that a broader interpretation of the current legislation on the voice of children enables the legality of the practice of accepting children’s voices during the Majlis Sulh. Furthermore, it is recommended that a proper standard operating procedure (SOP) for obtaining children’s views during the mediation (sulh) process is also needed.

KONTROVERSI PEMIKIRAN IGNAZ GOLDZIHER DAN IMPLIKASINYA BAGI PERKEMBANGAN TREN STUDI ISLAM PADA ABAD 19-21 M

The study of Islamic studies has been carried out by many Western orientalists, such as Ignaz Goldziher. His thoughts on Islam have invited various controversies from many parties. The purpose of this research is to examine the controversy of Ignaz Goldziher’s thoughts and its implications for the trend of Islamic studies in the west (19-21 AD). This research is a qualitative research with a historical approach and uses historical research methods consisting of heuristics, verification, interpretation, and historiography. The results and discussion in this study found five thoughts of Ignaz Goldziher in Islamic studies, namely: Ignaz Goldziher’s scepticism towards the Qur'an; Ignaz Goldziher’s classification of mufassir; differentiation of the meaning of hadith and sunnah according to Ignaz Goldziher; Ignaz Goldziher’s scepticism towards hadith; and Ignaz Goldziher's views regarding Islamic sharia law. Then, for the controversy of the implications of Ignaz Goldziher’s thoughts on the development of trends in Islamic studies in the 19th-21st centuries is the emergence of groups of supporters and opponents of his thoughts. From among the orientalists who support and agree, two of them are Roskeen Alexander Hamilton Gibb and Joseph Schacht. Meanwhile, those who oppose and disagree with him are Gregor Schoeler and Harald Motzki (orientalists) and ‘Abdul Muttalib and Mustafa al-Sibai (Islamic scholars). In conclusion, Ignaz Goldziher’s thoughts are diverse and spark controversy and not all of his thoughts can be justified.

SEJARAH DAN PERKEMBANGAN PERADILAN ISLAM MASA KEMERDEKAAN SAMPAI REFORMASI

This study examines the history and development of Islamic judiciary in Indonesia from the independence period to the reform era. The main focus is to identify structural, legal, and role changes of the Islamic judiciary in the context of political and social dynamics during this period. In the early days of independence, the Islamic judiciary was part of the national legal system and faced various challenges in enforcing Sharia law. Significant changes occurred throughout the Old Order, New Order, and especially during the reform era, marked by decentralization and democratization that strengthened the position of the Islamic judiciary. This study employs a historical approach and policy analysis to explore the transformation of the Islamic judiciary in response to various political and social changes in Indonesia. The results of the research indicate that the Islamic judiciary has developed significantly, adapting to constitutional and legal changes, and plays an important role in law enforcement in Indonesia. However, there are still challenges in the full integration of the Islamic judiciary into the national legal system that need to be addressed.

Islamic Principles and UAE Policies Regarding Protecting Senior Citizens’ Rights and Safety

Islam influences Muslim societies through rules, regulations, and legislation. This paper highlights Islamic principles and legislation that protect the rights and dignity of older adults and compares them to policies and laws that have been applied and implemented in the United Arab Emirates. A comparative method was utilised to conduct this study, relying on sources that present the rights of older adults in Islamic Sharia, as well as official sources from the United Arab Emirates, where information on laws and regulations related to older adults is published.

ABU AL-ʿABBĀS B. TAYMIYYAH’S SOCIETAL SECURITY PARADIGM: A PHILOSOPHICAL EXPLORATION IN ISLAMIC POLITICAL HERITAGE

This research endeavors to scrutinize the hypothesis positing the existence of a well-defined theoretical model embedded within the Islamic political heritage, specifically aimed at safeguarding societal identity, commonly denoted as "social security" in contemporary discourse. The focus of this investigation centers on assessing the contributions of Imam Ibn Taymiyyah, a pivotal figure in Islamic heritage. His era was marked by various internal and external challenges confronting the Muslim community, prompting him to respond actively through scholarly works, issuance of fatwas, and strategic measures to counter these threats. In an innovative methodological approach, the researchers have employed the "societal security" theory articulated by Bouzan, Waever, and De Wilde as a framework to elucidate the Taymiyyan model. This involved extrapolating, identifying, and analyzing the relevant texts authored by the Imam pertaining to the subject under scrutiny. The study's outcome presents a theoretically sound model derived from the principles and teachings of Islamic Sharia, in accordance with the perspective of Imam Ibn Taymiyyah. At its core, this model entails the provision of guidance through legal rulings and fatwas to safeguard the five necessities in Islam, namely Religion, life, Regeneration, intellect, and wealth, with a particular emphasis on the communal level. The defence of these communal necessities begins with the promotion of virtuous deeds and the discouragement of wrongdoing within society, employing mechanisms such as the "Hisbah apparatus". Ultimately, the preservation of the Muslim community's identity from potential disintegration or compromise in the face of encroaching civilizations or ideologies may necessitate resorting to the deployment of political and military force to repel aggressors.

HIERARKI PERATURAN PERUNDANG-UNDANGAN HUKUM EKONOMI SYARIAH DALAM PERBANKAN SYARIAH

Legal hierarchy is a term used for a legal structure that is tiered to become the basis for the authorities authorized to form it. Low norms are based on high norms, so that low (inferior) norms do not conflict with higher (superior) norms. The basis of the highest hierarchical sharia law is Islamic law, then other laws refine and are formed based on previous laws. This research uses a library research approach, with a qualitative descriptive method, looking for relevant sources related to the problem and then describing the data to describe the regulatory framework for Islamic economic law for use in sharia banking. This article will discuss the hierarchy of sharia economic law and regulations used in sharia banking. The two legal bases used in sharia banking are normative law (Islam) and positive law (state). Sharia financial institutions and the public can use this hierarchy as a reference in carrying out sharia contract transactions and resolving sharia economic law disputes.

Definisi dan Keterkaitan Mantuq dan Mafhum, Dzahir dan Mu’awwal, Nasakh, Muradif dan Musytarak

The study of ushul fiqh is very closely related to the Koran and Sunnah. Both of them are the core sources of Islamic sharia law which are used as proof which are processed by ushuliyah rules in determining sharia laws. This research aims to explain the essence of Ushuliyyah rules, especially regarding Mantuq and Mafhum, Dzahir and Mu'awwal, Nasakh, Muradif and Musytarak. This research is library research with the subject and object coming from library materials in the form of ushul al-fiqih books and fiqh journals. The results of this research came to the conclusion that the fuqaha used various methods to understand the texts in the Al-Quran and hadith. One way is to use ushuliyah rules such as mantuq and mafhum, dzahir and mu'awwal, nasakh, muradif and musytarak.

The Prophet’s efforts in preserving and developing the plant environment and expanding the green areas in Medina in the era of the message from 1-11 of the Hijra

The study was keen to clarify that the ethics of Islamic banking is a set of principles, values and moral rules derived from Islamic Sharia, according to which morals and the ethics of workers are determined, such as sincerity, honesty, justice and fairness ... etc. Likewise, work ethic is based on respect for order and laws, factors of production, self-restraint, respect for ownership, speed of achievement, and mastery. And also, the ethics of financial transactions from preventing usury, hoarding money, and avoiding prohibitions in transactions. In addition to the bank's ethics towards internal and external communities, such as helping to spread and fulfill Islamic banking awareness for the public interest, taking into account social conditions. We also concluded that the Islamic bank is keen to apply all Islamic work ethics in Islamic banks. Thus, the Islamic bank performed its moral and social mission and achieved the desired success. Keywords: Islamic banking, work ethics, Governance.