Sharia Research Articles

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.

Amir Temur's State and It’s Department

This study explores the governance system and administrative reforms implemented by Amir Timur, drawing from historical texts that highlight his consolidation of power and state-building efforts. Initially adopting Mongol administrative structures, Timur gradually reformed these systems to create a highly centralised state apparatus. Amir Timur’s state-building initiatives merged traditional Central Asian governance models with the Mongol administrative legacy. Initially adopting the Mongol structure, Timur later implemented extensive reforms to centralise authority and strengthen his empire. He established a complex administrative system divided into seven ministries, each responsible for functions such as taxation, trade, and justice. Timur's governance was deeply influenced by Islamic principles, emphasising sharia law and council deliberations to ensure stability. The "suyurgol" system allowed Timur to distribute land holdings among his descendants while retaining centralized control over key resources and military power. Through a blend of military conquests and diplomatic alliances, Timur expanded his empire, integrating vast territories and securing vital trade routes along the Silk Road, contributing to a unified and prosperous state.

Appointing a Non-Muslim as an Arbitrator in Administrative and Commercial Contract Disputes: A Saudi Perspective

This study examined how non-Muslims can be appointed arbitrators to decide administrative and commercial contract disputes under Saudi law. The study adopted a descriptive methodology by analyzing and interpreting the data collected from legislations related to the topic, jurisprudential views in Islamic Sharia Law, judicial practices, and international conventions to investigate the subject matter. The outcomes of the study expose that appointment of a non-Muslim in adjudicating administrative and commercial contract disputes through arbitration is permissible in Saudi law according to the enforceable Arbitration Law of 2012, jurisprudential views in Islamic Sharia Law, judicial practices, and international conventions. Furthermore, it is not required to appoint the arbitrator religion in arbitration laws. In conclusion, non-Muslims' participation in arbitral tribunals demonstrates that they have become genuine members of these tribunals. This leads to achieving equality and prosperity in society by benefiting from the services of expert and competent individuals.

The Role of Islamic Sharia in Family Structure and Relationships

The Role of Islamic Sharia in Family Structure and Relationships

Shifting Paradigms: The Controversy and Complexity of LGBTI Protection in Indonesia as the Biggest Muslim Country

The existence of Lesbian, Gay, Bisexual, Transgender, and Intersexual (LGBTI) as a legal subject in a religious community like Indonesia is very problematic. When religious values control a community, the members will use their holy books to measure whether any commotion or condition is tolerable. Collisions between the law of religion (such as Sharia Law of Muslims) and national law are sometimes unavoidable. Most conservative religious values may not protect and acknowledge the existence of LGBTI people, while national law must recognise the ratified international conventions, especially regarding human rights. It creates a different treatment between national law and religious law. Protection of the rights of LGBTI in Indonesia is barely reported. This study will be important to share how Indonesia copes with LGBTI legal problems and protections. The method of this study is a juridical normative study, by evaluating Indonesian positive law, the living law ruled by the Indonesian Court Decrees, and any decree or decision made by Indonesian executive and judicative bodies, which become the basis for determining the existence of rights and protections of LGBTI people. Classification of the protection from various sectors of laws will be identified, to conclude the protection level of LGBTI people in Indonesian law. Keywords: LGBTI; Indonesia; Positive law; Religious values.

Rules of succession through a focus on everyday life based on the кadiaskers’ notes of the XVII–XVIII centuries

The goal of the research is to clarify the rules of succession through a focus on everyday life in the Crimean Khanate. The relevance of the research lies in the fact that until now both individual aspects and the general everyday life of the Crimean Khanate have not been studied. In turn, this is due to the fact that the sources of the Crimean Khanate period are mostly written in the Arabic script. Much attention in the article is paid to new facts revealed during the study of the Kadiaskers’ notebooks of the XVII–XVIII centuries. An analysis of the recorded court decisions allowed us to clarify not only one aspect of the extensive legislative system, but also to imagine the everyday life in the Crimean Khanate. When writing the article, the following scientific-research methods were used: comparative-historical method, linguistic analysis method and others. The identified examples of court decisions from the Kadiaskers’ notebooks have been transliterated and translated from Arabic (the Ottoman language) into Russian, which will significantly facilitate the work for future research. During the research, it has been found out that the executive and legal authorities in the Crimean Khanate worked strictly according to the established Muslim legislative system, the Sharia laws. Each individual example taken and examined reveals the details of life situations and gives an opportunity to look into the everyday life of an ordinary person.

RELIGIOUS TOLERANCE IN BANDA ACEH AND KEDIRI: CHALLENGES AND OPPORTUNITIES IN DIGITAL SPACE

This research explores religious tolerance in Banda Aceh and Kediri within the context of digital space, focusing on the genealogy, contestation, and development directions of religious tolerance. The aim is to understand the social and cultural dynamics shaping patterns of religious tolerance in these regions and how digital spaces influence interfaith interactions. The methodology employed is a qualitative approach with case study methods, including in-depth interviews, social media content analysis, and participatory observation. The genealogy reveals fundamental differences between Banda Aceh, which exhibits a tolerance pattern influenced by Sharia law and strict norms, and Kediri, which is more inclusive due to its multicultural interactions. In digital spaces, religious contestation reflects tensions between conservative and progressive groups; Banda Aceh tends to uphold traditional values, while Kediri is more open to interfaith dialogue. The findings indicate that digital spaces have significant potential for fostering religious tolerance, though they are also vulnerable to hate speech and polarization. The future of religious tolerance in both regions will heavily depend on how communities and governments manage digital interactions, as well as educational efforts and policies that promote dialogue and interfaith understanding.

Dispute Resolution Efforts for Sharia Banking Profit-Sharing Agreements

Islamic banking relies on profit-sharing agreements as one of its fundamental financial instruments, adhering to the principles of justice and partnership in sharia law. However, disputes often arise between banks and customers regarding the distribution of profits and losses. This study examines the dispute resolution mechanisms for profit-sharing agreements within Islamic banking, focusing on litigation in religious courts and non-litigation processes such as mediation and arbitration. This research aims to evaluate the effectiveness and compliance of these mechanisms with Sharia principles while also proposing improvements to regulatory frameworks. A mixed-method approach was employed, combining normative juridical analysis and empirical research. The normative juridical method was used to review existing laws and regulations related to Islamic banking and dispute resolution. At the same time, the empirical data was gathered through interviews with key stakeholders such as banking practitioners, customers, and mediators involved in dispute resolution. The results indicate that non-litigation mechanisms, particularly mediation, are more efficient and cost-effective than litigation. However, there remains a need for greater public understanding and stronger institutional support to ensure the fairness and transparency of these processes. This research recommends enhancing dispute resolution systems in Islamic banking, aligning them more closely with legal and sharia standards.

Improving the Performance of Islamic Banking through Technological Innovation and Human Resource Management

This study base on few islamic banks those aplicate syariah law in runing their business. And the question is what the reason the principal of syaria would be executed? Which human resources those will be prepared to for running syariah bank activities? How the application of technology in assistance of bank syariah performance? The results of study are those; many syaria bank run its system not much different from commercial banks. Just change many terms in arabic language. This happen cause the commercial bank system easier and safer than syariah system. To run the syaria system, so be required better quality resources in running of businesss more than comercial banks. So, it need some analysis experts and business supervisors those more professional, to reduce the level of loses. Beside that, with the assistance of technology can help in coordination and communication with other people, especiallly between shohibul mal. Mudharib and partnership

Evaluating the Factors Affecting the Involvement of Shariah Committees in Risk Management Practices in Islamic Banks: Qualitative Research in the Kingdom of Saudi Arabia

Purpose: This study aims to add to the existing literature on Islamic finance by explaining the ways in which Shariah committees can improve and strengthen their influence over Islamic banks’ risk management practises. This research attempts to break down the complexities of Saudi Arabia’s risk management and identify the crucial role that Shariah committees play in ensuring compliance with Shariah law. Design of study: A qualitative research method was adopted conducting semi-structured interviews. Purposive sampling was used to choose 34 individuals. The data were analyzed using thematic analysis, with the use of NVivo software, which made it easier to identify patterns in the Arabic answers. Following the ethical norms established by RMIT University, obtaining participants’ explicit consent, and guaranteeing anonymity are all of the top priority. Findings: Several factors determine Saudi Islamic Bank Shariah Committee risk management. An effective regulatory framework, Shariah committee-bank leadership communication, and learning of Islamic financial ideas can aid in Shariah compliance. However, interpreting complex financial services within Shariah, inconsistencies between Islamic principles and standard risk management methodologies, and a shortage of competent Shariah scholars with banking and risk management knowledge may slow development. Research is needed to understand Saudi procedures. Originality: The current research comprehensively documented potential factors that facilitate or resist the involvement of Shariah Committees in practices of risk management in Saudi Arabia’s Islamic banks.

Women's Right to Terminate Marriage by Individual Will According to Saudi Family Law

The issue of protecting women's rights has garnered extensive attention from international organizations, particularly the United Nations, through a range of international covenants and agreements, most notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Since the provisions of these declarations and agreements mandate equality between men and women upon the dissolution of marriage and prohibit discrimination against women in ending a marriage, and given that the marriage and divorce system in Islamic societies is religious, based on the sacred texts of Islamic Sharia, Islamic countries have attempted in their national laws to grant women the right to end the marital bond in a manner consistent with international agreements on one hand, and not in conflict with Islamic Sharia on the other. This study highlights the efforts of the Kingdom of Saudi Arabia in supporting women's right to unilaterally terminate a marriage, in line with the provisions of the international agreements to which the Kingdom is a party, while also adhering to the sacred Islamic texts relevant to this context. The Saudi legislator has selected jurisprudential interpretations and explanations of Islamic texts that support this direction, avoiding strict interpretations and opinions on this issue, to balance as much as possible between the provisions of Islamic Sharia and the demands of modernity and development. This has resulted in a means that aims to establish balance upon the dissolution of a marriage. The study concluded that Saudi Arabia has made significant progress in this area, and it can ensure more rights for women by exploring non-strict religious opinions and jurisprudential interpretations.

Women's Right to Choose a Spouse in Saudi Family Law Compared to Shari’a and International Conventions

Among the recent laws issued in the Kingdom of Saudi Arabia is the Personal Status Law issued in 2022, this law is considered a qualitative leap in the field of human rights. One of the main principles targeted by this law is empowering women and supporting their rights. It aims to address many societal problems that families and women have sometimes faced by regulating family relationships, rights, and duties for all family members. One of the significant rights guaranteed by the law for women is the right to choose a spouse without coercion. The law has established a set of procedures to ensure the consideration of this right in Saudi society. In this study, we aim to focus on the mechanisms of protecting this right in Saudi law and examine some important issues related to this right, such as male guardianship over women in marriage, determining the marriage age, compatibility between spouses, and the restrictions imposed on this right in Saudi law, comparing this issues with Islamic Sharia texts and international agreements.

Pengambilan Keputusan Bercerai Tokoh Kinan Pada Web series Layangan Putus Ditinjau Dari Psikologi Dan Hukum Islam

Abstract: The research aims to find out how the decision to divorce the character Kinan in the web series Kite Putus is viewed from psychology and Islamic law. The research method uses a qualitative approach in the study of Cyberliterary Psychology. The research was carried out by watching the web series to be analyzed descriptively and inductively, then created in the form of text and analyzed. Descriptive analysis describes the aspects and characteristics of the message, while inductive analysis is used to understand and examine the meaning. The data source was obtained from the rater through a questionnaire that met the gender requirements of female, Islamic religious education student and early adulthood. Next, the data was validated through an inter-rater test. Kinan's character's psychological decision-making process goes through five stages. First, assess the challenges stemming from the phenomenon of changes in her husband's attitude which gives rise to confusion and suspicion, then encourage her to collect data and information to find the reasons for the change in her husband's attitude. Second, an alternative survey regarding the findings of physical evidence and information originating from Kinan's friends and people around Aris, which leads to proof of her husband's infidelity. Third, consider alternatives by carrying out a negative evaluation of the loss of hope of forming a harmonious family and the opportunity to live a new life while maintaining one's self-esteem. Fourth, declare your commitment, express your stance by suing Aris in court while continuing to consult with friends who are competent in the legal field. Also, keep sharing with friends who can provide in-depth insight into the correct attitude in dealing with developments in family problems. Fifth, survive negative feedback, face her husband's negative attitude by continuing to manage negative emotions and focus on gathering evidence that clarifies her husband's commitment to polygamy. Meanwhile, the Kinan character's decision to divorce in terms of Islamic law is permissible because it meets the requirements for being included in the Fasakh case or not. can be corrected again because Aris' behavior violates Islamic religious law as stated in the Al-Quran surah An-Nur verses 30-31. The problems include infidelity and quarrels which cause her to not be able to get back together with her husband. Keywords: Cybersastra, Decision making, Islamic law, Psychology, Web series.

Economical rights versus God’s rights: criticising of the implementation Shariah economic in Indonesia

PurposeThis study aims to evaluate the impact of Law No. 11 of 2018 on Islamic Financial Institutions in Aceh, Indonesia. It also aims to understand the balance between the economic rights of individuals under Shariah law and the broader concept of God’s rights, as interpreted by this legislation. In addition, the research argues that the implementation of Law No. 11 of 2018 is untimely, with a focus on examining its influence on the cumulative abnormal return (CAR) of Shariah banks and its slight contribution to the direct economic impact.Design/methodology/approachThis study adopts a mixed-methods approach that integrates qualitative and quantitative analyses. The qualitative aspect uses a black-letter law approach for legislative scrutiny, whereas the quantitative aspect assesses economic indicators and firm performance using an event study analysis. The study also includes a two-tailed assessment to test hypotheses related to the law’s direct impact on institutional performance.FindingsThe study reveals that Law No. 11 of 2018 had minimal impact on national-scale corporate performance and a notable increase in poverty indices in Aceh, indicating a potential misalignment between the law’s intention and its economic consequences. The results also show the law’s ineffectiveness in significantly influencing the CAR of Islamic banks, highlighting a clash of norms and a lack of substantial economic substance in the implementation of Shariah compliance.Research limitations/implicationsThis research is geographically and legally focused on Aceh, Indonesia, with a short-term analysis that may not fully capture the long-term impacts. It primarily considers the stock price performance of specific institutions for quantitative analysis and identifies potential clashes and disharmony-in-law implementation from a qualitative perspective.Practical implicationsThe findings suggest the need for legal frameworks that better comply Shariah principles with economic realities. Regional governments should consider modifying policies to balance religious values and economic objectives.Social implicationsThis research highlights the importance of balancing religious obligations with economic rights, indicating that strict interpretations of religious law can lead to adverse socioeconomic effects.Originality/valueThis study is unique in its comprehensive analysis of the convergence between religious law and economic rights, offering insights into the challenges faced in implementing Shariah-based economic policies in diverse economies, such as Indonesia.

Understanding Riba, Profit, And Fines in Sharia Banking

The debate and problem of riba, profit, and fines particular its practices in Sharia Banking among scholars, academics, the public, practitioners, business people, and religious organizations in Indonesia until now still reap a lot of opinions and controversy that affects the level of public trust in Sharia Banking, resulting in less growth in the market share of Sharia Banking compared to conventional banking even though Sharia Banking governance, performance, quality of compliance, image, and goodwill of Sharia Banking have adjusted to Islamic sharia. The research method used in this research is a literature study method that can be focused on the concept of usury, profit, and fines according to Sharia Banking. The results show that usury can be avoided through buying and selling transactions rather than lending and borrowing, but various understandings and information about usury do not necessarily advance the economy and Sharia Banking in Indonesia. The development of Sharia Banking faces various obstacles, including different understandings of usury among scholars, the public, business people, and a lack of encouragement from the government. Although the Sharia Banking system has been adapted to Islamic law, the market share of Sharia Banking in Indonesia is still relatively small, only 7.3% compared to conventional banking which reaches 92.7%. To increase the market share of Sharia Banking, it is necessary to increase public trust and awareness of Sharia Banking.

Shaping the ‘Other’: Foucauldian Insights Into Feminine Resistance in ‘Timbuktu’

This exploration delves into the complex portrayal of feminine resistance in Abderrahmane Sissako's 2014 film "Timbuktu," framed within a Foucauldian perspective. Set against the backdrop of the jihadist occupation of Timbuktu, Mali, the film immerses viewers in a world where traditional village life collides with extremist ideologies, resulting in a complex interplay of power and resistance. The narrative unfolds with subtle undercurrents of oppression, as the occupying jihadists enforce their rigid interpretation of Sharia law on the local populace. Focusing on the character of Satima, the wife of the protagonist Kidane and Zabou, the shamanes, this analysis delves into different feminine resistance to conformity, driven either by honour or justice to challenge the oppressive norms imposed by the jihadists. Drawing inspiration from Michel Foucault's discourse on power and resistance, this exploration reveals a rather multidirectional/multidimensional nature of feminine resistance. Satima's refusal to comply with the sexual advances of Abdelkerim and Zabou’s enchantments and audacity vis-à-vis the jihadists provide insights into the transformative potential of marginalized voices. The film ultimately confronts the idea that some situations remain beyond an individual's control, echoing an Old Testament-like sense of fate. Through an extraordinary long-take shot that captures the aftermath, the film underscores the limitations of power, even for those who seek to shape the "Other." This article thus invites a deeper examination of "Timbuktu," and feminine empowerment and agency in African cinema, shedding light on how resistance surpasses the confines of oppression, offering a gripping narrative of resilience in the face of extremism.