Sharia Research Articles

Analisa Penerapan Prinsip Ekonomi Islam pada Aplikasi Digital Perdagangan Fisik Emas

This research aims to investigate the outcomes of applying Islamic economic principles to digital gold trading on the MetalGO app. The study employed a qualitative research method with a descriptive approach, supplemented by descriptive quantitative methods involving interviews with four key informants: Islamic economists, app developers, and two users. Data collected included both primary (interview narratives) and secondary (literature review) sources, which were analyzed using qualitative and descriptive analysis techniques. The findings indicate that MetalGO is compliant with Islamic principles in its online gold trading operations, allowing users to purchase gold according to Shariah law. The app enables users to acquire physical possession of gold starting from 10,000 units, which can be delivered to their specified address upon request. Despite being an online gold trading platform, MetalGO adheres to Islamic economic principles such as Ekonomi Illayah, Ekonomi Rabbaniyah, and sma’ or asma’ wa sifat.

Promoting Islamic Education in Brunei Society Following the Implementation of the Shariah Law in 2013

Promoting Islamic Education in Brunei Society Following the Implementation of the Shariah Law in 2013

Beyond Charity

Waqf and social-based healthcare institutions have existed for more than 150 years and were derived from the social economy concept, which emphasises social innovation in the economy. While Muslims are well-known for developing waqf, other religions, particularly Christianity, used philanthropic methods to create a diverse range of institutions that benefit the community. However, the three distinctive features prescribed by the Shariah law to prevent waqf assets from being sold or transferred to other parties have distinguished waqf from other institutions. The abundance of challenges in the economic and health sectors has threatened the sustainability of waqf and other social-based healthcare. Thus, this research aims to explore the philosophies underlying the establishment of each waqf and social-based healthcare institution through a qualitative methodology involving an in-depth investigation. Six of the fifteen identified waqf and social-based healthcare institutions participated in the interviews, and the transcripts were then analysed inductively using the NVivo software. Each code and theme produced is based on the conceptual framework that has been formed. The themes were compared to observe the similarities and differences in terms of the institutions’ background and philosophy of the establishment. The findings of this research reveal that despite the crucial roles of waqf healthcare institutions, the fact remains that they are still far behind in fulfilling the healthcare needs of the Muslim community. Meanwhile, the analysis of the institutions’ background philosophy revealed that the establishment of waqf and social-based healthcare is motivated by religion.

Bisexual Identity Concealment for Marital Harmony: Cultural and Religious Pressures in Malaysia

This study investigates the concealment of bisexual identity among married men in Malaysia, a country where homosexuality is both stigmatized and criminalized under Syariah law. The problem lies in the immense cultural, religious, and legal pressures that compel these men to hide their sexual orientation, leading to significant emotional and psychological challenges. The primary objective of this research is to explore how these men manage their bisexual identities while maintaining marital harmony within a conservative, heteronormative society. Using a qualitative phenomenological approach, in-depth interviews were conducted with 15 self-identified bisexual men married to heterosexual women. The data were analyzed through thematic analysis. The findings reveal that societal expectations, fear of divorce, and family reputation are key factors influencing their decision to hide their sexual orientation. Participants reported high levels of anxiety, guilt, and isolation due to the dual pressure of performing heteronormativity in public while concealing their true selves in private. This study contributes to understanding the challenges faced by bisexual men in mixed-orientation marriages in Malaysia, particularly the psychological toll of maintaining secrecy. The implications underscore the need for culturally sensitive mental health services and policy reforms to provide adequate support for bisexual individuals. Such interventions are critical to reducing stigma and promoting emotional well-being in conservative societies.

Application of Technology Artificial Intelligence in Claim Settlement at PT. Asuransi Allianz Life Syariah Medan Branch

This research aims to analyse the effectiveness of implementing artificial intelligence (AI) technology in accelerating the settlement process of Sharia insurance claims at PT Asuransi Allianz Life Syariah Medan Branch. The main focus of this research is to measure the impact of AI technology on customer satisfaction and the company's performance in handling Sharia insurance claims. Using qualitative research methods, data were collected through in-depth interviews with company representatives and analysis of the company's internal documents. The research results indicate that AI technology has significantly contributed to improving operational efficiency, speed, and accuracy in claim resolution. The implementation of AI enables more effective process automation, faster decision-making, and more accurate identification of potential fraud. Furthermore, the use of AI also supports the enhancement of compliance with Sharia principles, ensuring that all processes and decisions are in line with Sharia law. This research provides valuable insights for insurance companies looking to implement AI technology in their operations, particularly within the scope of Sharia insurance.

“Nowhere but Everywhere”: The Principle of Legality and the Complexities of Judicial Discretion in Iran

Abstract To comply with Shiʿi theological-jurisprudential justifications and dogmatic traditions, the Iranian postrevolutionary legal system formally enshrined the principle of legality of crime and punishment within the Iranian Constitution and important legal provisions. Despite this formal entrenchment and codification of its criminal law, which together act as a legal constraint on the traditionally excessive power of Muslim judges, the Iranian theocratic system has exempted religious sins from this principle by blurring the distinction between crime and sin and criminalizing certain sinful acts with unclear language. These two legal mechanisms not only violate the principle of legality and amplify legal uncertainty, but their reference to Sharia law also binds the fate of the accused more tightly to the discretion of the judge than to the letter of the law. Consequently, the religiopolitical predilections of judges have become a determining factor in findings of criminal responsibility and imposition of punishment on citizens.

The Criteria of Actor and Actress Selection in Islamic Film: An Analytical Study

The lack of adherence to Islamic guidelines regarding gender interaction in the casting of actors and actresses for Islamic films is one of the primary issues facing the industry. This study aims to define film from Western and Islamic perspectives, explore Islamic views on the film industry based on Maqasid Shariah, and investigate the criteria and role of actor selection in portraying Islamic culture, values, and themes in films and its impact on audience reception. The researcher uses qualitative method through library research, as well as carried out an interview question to gather data and conduct an analysis. The main finding of this study is that the selection of actors with a religious background has a positive effect on the audience's acceptance of the message conveyed. The research also highlights the importance of actors maintaining high moral standards both on and off-screen. Furthermore, the study suggests that filmmakers and actors may choose to consult with Islamic scholars or advisors during the production of Islamic films. This collaboration ensures accuracy and sensitivity to religious nuances in the storytelling. To be able to create an Islamic film that truly adheres to Sharia law, actors, authors, and directors are required to work together.

The Unidroit Principles of International Commercial Contracts: potential for greater use in the Middle East and North Africa

Abstract The International Institute for the Unification of Private Law’s (Unidroit) Principles of International Commercial Contracts (UPICC) provide a uniform international instrument setting out general rules for international commercial contracts as an alternative to the State law-centred approach to contracting and dispute resolution. While the UPICC are well known among academics and frequently referred to in practice in many regions of the world including Europe, Latin America, and Asia, they are applied far less often in the Middle East and North Africa (MENA). This is in spite of the fact that their use appears to be widely permissible under MENA States’ domestic legislation, and international trade involvement provides opportunities for them to be applied productively. The reasons for less usage in the MENA region are manifold and include, among others, a judicial tendency to apply domestic law, the hierarchy between the Islamic Sharia and lex mercatoria, the limited involvement of experts from the MENA region in the elaboration of the UPICC and their subsequent promotion, and limited linguistic accessibility. Potential advantages of greater usage include the promotion of fair and harmonized contract practices and facilitating the resolution of cross-border private legal conflicts as well as the UPICC’s use as a model and reference for modernization and harmonization of contract law across the region and beyond. This article examines the use of the UPICC in MENA and the potential for facilitating their future impact in the region, focusing on Arab jurisdictions influenced by Islamic law.

The Law-Making Process in the Legal System of Afghanistan

The legislative process in Afghanistan, which is a thorough and multi-phase process with roots in both historical and modern frameworks, is examined in this paper. To guarantee efficient governance and social fairness, the Afghan legal system integrates ideas from Islamic jurisprudence and constitutional law. Drafting, review, approval, endorsement, publication, deadline, and enforcement are all steps in the process that are intended to create laws that meet both domestic and global requirements. From Amir Shir Ali Khan's rule to the organized processes of the current National Assembly, Afghanistan's legislative process has undergone substantial changes over the years. Every step of the legislative process ensures compliance with the Constitution and Islamic Sharia by addressing particular-legal, social, and administrative issues. The paper identifies the legislative system's shortcomings and accomplishments and offers recommendations for enhancing the law-making process to promote good governance and the rule of law.

THE APPLICATION OF MAQASID SHARIAH IN ANTENATAL CARE BY MALE HEALTHCARE PROVIDERS

The application of maqasid shariah in antenatal care by male nurses is a crucial aspect that integrates Islamic shariah principles with modern medical practices. Maqasid shariah, which includes principles such as the protection of religion, life, intellect, lineage, and property, serves as an important guide to ensure that every interaction and treatment provided by male nurses to female patients aligns with sharia law. This study evaluates how these principles are applied in the context of antenatal care, with particular emphasis on issues such as modesty, protection of dignity, and avoidance of suspicion. Additionally, it discusses the importance of sensitivity to cultural and religious values and ensuring that the care provided meets both medical needs and Islamic ethics. The study aims to provide guidance to male nurses in performing their duties in accordance with maqasid shariah while ensuring the well-being of both the mother and fetus. The findings of the study indicate that the application of maqasid shariah in antenatal care by male practitioners ensures that the treatment provided is in accordance with Islamic principles, protects life and dignity, adheres to the boundaries of modesty and avoids any potential harm while being sensitive to the cultural and religious values of the patient. Keywords: Application, Maqasid Shariah, Antenatal, Male nurses

Institutions matter: The role of institutions in the relationship between decision-making power and contraceptive autonomy.

Several academic papers have shown that the distribution of household decision-making power has a positive influence on women's contraceptive autonomy. This paper considers the role of the social or institutional environment (as captured by place of residence) in ameliorating or contributing to this relationship. Our study focuses on the context of Nigeria, a country with diverse gender norms and religious practices, often determined by geographic location. For example, Western common law is more prevalent in the southern Nigeria, while Sharia law is largely practiced in the North of the country. The analysis uses the Performance and Monitoring for Action (PMA) dataset (2019-2020), and analysis is done using logistic regressions. We find evidence that the relationship between household decision-making power and contraceptive autonomy is mediated by institutions (city). More specifically, we show that in Lagos-a state characterised by the increasing empowerment of women-women have more contraceptive autonomy as they gain decision-making power in the household. The opposite is true in Kano-household decision-making power has no bearing on contraceptive autonomy.

Comparative Analysis Between Sharia Pawnshops and Conventional Pawnshops in The Economic Empowerment of Indonesian Communities

Sharia Pawnshops and Conventional Pawnshops are two financial entities that play an important role in strengthening the empowerment of Indonesian society. For years, they have been offering credit services with the aim of improving people's financial situations. However, the two institutions operate using different principles and methodologies. The aim of this scientific work is to analyze and then determine which one is more empowering to the community, between conventional pawnshops and sharia pawnshops. This research is included in qualitative research, with data sources containing all material that can be used as a guideline for research emphasis, namely the comparison between sharia pawnshops and conventional pawnshops in empowering Indonesian society. Sharia pawnshops play a bigger and more effective role in empowering the community, especially by providing financial products based on Islamic sharia principles. Sharia pawnshops prohibit all types of interest and focus on contract terms, honesty and security required in buying and selling transactions based on Islamic law.

The Complexity of Inheritance: A Comparative Analysis of the Distribution of Inheritance in Islamic Sharia and the Civil Code

The division of inheritance is a complex and important issue in society. This study aims to compare the system of inheritance distribution in Islamic Sharia and the Civil Code. The research method to be used is literature study and document analysis. The main findings of this study are expected to provide a deeper understanding of the differences and similarities between the two legal systems. This research can make a new contribution in highlighting the complexity of heritage in the legal and social context in Indonesia. This study aims to compare the system of inheritance distribution in Islamic Sharia and the Civil Code. The division of inheritance has importance because it is the process of dividing the deceased property for the heirs. However, the process of inheritance distribution is complex because there are differences in the system of inheritance distribution between Islamic Sharia and the Civil Code. Therefore, this study will review these complexities and provide a deeper understanding of the differences in the division of inheritance between the two legal systems.The research methodology used in this study is a comparative research that takes the example of the inheritance distribution system in Islamic Sharia and the Civil Code. Data for this study were collected through a literature study, using documents such as the Qur'an, Hadith, and the Civil Code as primary sources. This study found that the system of inheritance distribution in Islamic Sharia and the Civil Code has significant differences. In Sharia, the main principle is fair and balanced, with categories of heirs including husbands, wives, sons, and daughters. However, in the Civil Code, the main principle is the freedom to manage inheritance, with categories of heirs including husbands, wives, sons, daughters, parents, and siblings. The number of inheritance shares is also calculated based on the differences in those systems. The implication is that the inheritance sharing system can affect individual rights and family relationships, as well as have different social and legal impacts in Indonesia.

Implementasi Mandatory Sertifikasi Halal terhadap Umkm Usaha Pemotongan Unggas di Desa Poter Kecamatan Tanah Merah

Halal certification has an important role in micro, small and medium enterprises, especially in poultry slaughtering businesses. This certification refers to the recognition that the product meets Islamic sharia standards, which is very important for Muslim consumers. A poultry slaughterhouse is a place where the process of slaughtering animals such as chickens, ducks, geese, and others that are processed for meat occurs. This poultry slaughterhouse is usually equipped with various facilities to ensure that the slaughtering is carried out hygienically and in accordance with food safety standards. In this case, halal certification is very important, because it can be used as a reference in ensuring that all meat production processes are in accordance with Islamic sharia principles. The purpose of this study was to determine how the implementation of halal certification and mandatory halal certification for Poultry Slaughtering businesses, this study is expected to make poultry slaughtering business actors aware of the importance of halal certification in micro, small and medium enterprises in the poultry slaughtering business. One of the poultry slaughterhouse s in Poter Village, Tanah Merah District, which is the main place for slaughtering poultry to be studied. The research methodology used is qualitative with a field research approach, involving interviews and direct observation at the research location.

Jurisprudential Rulings Related To Digital Currencies And Linguistic Connotations/ الأحكام الفقهية المتعلقة بالعملات الرقمية ودلالاتها اللغوية

It aims to describe of the provisions of Islamic Sharia of encrypted digital currencies and its linguistic implications. Using a scientific jurisprudential methodology. It also discusses the search for the credibility of encrypted digital currencies that comply with the provisions of Islamic Sharia. The results that production is a basis in addition to the value that financing contributes and its linguistic implications, with the most prominent costs as high. Efficiency of Islamic financial financial services, and that the engineering of financial products is based on innovations and creating new solutions for financial management or reproducing the trader in traditional financial finance, with the participation of a strong entitlement basis and participation in many of the basis of effective management of Islamic finance systems, and a statement of the trading rule in those currencies, This is to achieve economic fundamentals and legal credibility and its linguistic implications.

Exclusion of Evidence and Its Impact on Criminal Justice: a Comparative Study

Abstract This article discusses the exclusion of evidence in the Qatari and US legal systems. It focuses on the legal basis on which the exclusion of evidence is established in these two systems. The Qatari legal system is a dual system between Islamic Sharia and Qatari legislation. It relies heavily on the rule of invalidity, which is a procedural penalty that is applied when the conditions stipulated by the law are violated in relation to the procedure that was conducted. Meanwhile, the US legal system relies on the exclusionary rule, as this rule has a judicial source. This research discusses the exceptions to the exclusion of criminal evidence in the Qatari and US legal systems to explore how effective are these exceptions in achieving a balance between the goal of protecting the rights and freedoms of individuals and the goal of punishing criminals to preserve the stability of society.

Rationale for Terrorism Offences: Comparative study with the provisions of Islamic Sharia

The research deals with the study of the motivating reasons for the commission of terrorism crimes, both at the national, regional and international levels, with a comparative study with the provisions of the Islamic Sharia on this crime. The research showed that there are political, economic, social, intellectual and other reasons that lead to the commission of these crimes and even increase their spread at the level of the state, the region and across the world. The study relied on the descriptive, analytical and comparative approach to reach the desired goal of preparing this research. The study reached a set of results, the most important of which is that the disintegration and lack of cohesion of society may be one of the important reasons for the occurrence of international terrorist crimes. The study also proposed a number of recommendations, the most important of which is the need to work from international and regional bodies to prevent and combat the causes of the occurrence of international terrorist crime.

Pandangan Masyarakat Aceh tentang Penggunaan Ganja

This study aims to explore the views of the Acehnese people regarding the use of marijuana, with a special focus on the perspectives of traditional leaders and clergy in the region. Aceh, known for its strict application of sharia law, has a distinctive view of prohibited substances, including marijuana. This research method uses a qualitative approach with in-depth interview techniques with traditional leaders and clergy as well as literature studies to strengthen their views on the legality, social impact, and moral implications of cannabis use. The results of this study show that medically, marijuana can overcome long-term pain, mental health problems, slow the development of cancer cells, and improve symptoms of epilepsy and multiple sclerosis. However, there are health risks such as mental health problems, testicular cancer, and respiratory diseases if used. In Indonesia law, marijuana is considered a drug with a high addictive effect and is prohibited from use. By teaching the community and working with law enforcement, Acehnese traditional and religious leaders play an important role in preventing marijuana abuse. In general, although marijuana has potential medical benefits, marijuana use in Indonesia must continue to be controlled and restricted to prevent abuse. If the legalization of medical marijuana is discussed, the benefits and risks should be carefully considered, with strict regulation to reduce its adverse effects.

Philanthropy of Pesantren Towards Socio-Economic Welfare (Study At Markaz Bayt Al-Musaadah Social Institution, Mambaus Sholihin Gresik Islamic Boarding School)

Cases of misuse of social funds have slowed down welfare programs for the poor and dhuafa'. The establishment of Markaz Bayt Al-Musa'adah under Pesantren Mambaus Sholihin provides a breath of fresh air, with pesantren now required not only to produce a generation that understands religion, but also as a pillar of Islamic sharia economics. This research uses a qualitative method with a case study approach to explore the economic empowerment and management of philanthropic funds by Markaz Bayt Al-Musa'adah of Pesantren Mambaus Sholihin Gresik. This method involves in-depth data collection and various sources of information as well as participation in the field. The results show that Markaz Bayt Al-Musa'adah has implemented community economic empowerment through skills training programs and assistance to underprivileged students. The management of social funds is carried out transparently and accountably based on the principles of Islamic philanthropy, with managers working without taking profits, solely for the sake of Allah and the intention of khidmah to the caregiver.

The Potential of Halal Micro, Small, and Medium Enterprises and Halal Lifestyle in Building the Indonesian Economy

Introduction: Indonesians contribute to the national Gross Domestic Product, contributing 60.5%. The number of Muslim populations in Indonesia is the most important compared to other countries, thus creating a large market for halal products. Objective: The research can provide an in-depth understanding of the market potential for Micro, Small, and Medium Enterprises focusing on halal products. This research also aims to understand how these halal products are related to the halal lifestyle, which is a lifestyle that complies with the principles of Islamic sharia in various aspects of life. Method: This research is considered most appropriate using a descriptive qualitative approach with a literature review. Data sources use secondary data. Furthermore, descriptive analysis techniques are used to analyze the collected data. Result: The results of the study show that to increase Indonesia's role in the global halal industry, steps are needed, such as halal certification, training and mentoring for Micro, Small, and Medium Enterprises, financial service facilities, and socialization regarding the importance of halal products. Implication: In general, the expected impact of this research is the creation of a more robust and more competitive ecosystem for halal Micro, Small, and Medium Enterprises in Indonesia, which will strengthen the national economy and improve Indonesia's position in the global halal industry.