Syariah: Jurnal Hukum dan Pemikiran
https://jurnal.uin-antasari.ac.id/index.php/syariah
<h2>Syariah: Jurnal Hukum dan Pemikiran</h2> <table cellspacing="0" cellpadding="0"> <tbody align="top"> <tr> <td>Journal Title</td> <td>: Syariah: Jurnal Hukum dan Pemikiran</td> </tr> <tr> <td>E-ISSN</td> <td> <div>: <strong><a href="https://issn.brin.go.id/terbit/detail/1482190991">2549-001X</a> </strong></div> </td> </tr> <tr> <td>DOI Prefix</td> <td>: Prefix <a href="https://search.crossref.org/?q=2460-7606&from_ui=yes" target="_blank" rel="noopener">10.18592</a> by Crossref <img src="http://educasia.or.id/public/site/images/educasiasinta2/CROSREFF_Kecil2.png" alt="" /></td> </tr> <tr> <td>Editor in Chief</td> <td> <div>: <a>Anwar Hafidzi</a> (Scopus ID: 57215653628) </div> </td> </tr> <tr> <td>E-mail</td> <td>: [email protected] </td> </tr> <tr> <td>Publisher</td> <td>: Fakultas Syariah, <a href="https://www.uin-antasari.ac.id/" target="_blank" rel="noopener">Universitas Islam Negeri Antasari </a></td> </tr> <tr> <td>Frequency</td> <td>: 2 issues per year (July and December)</td> </tr> <tr> <td valign="top">Citation Analysis</td> <td> <div>: <a href="https://drive.google.com/file/d/18o0koZkymkqJzdlKV-zNNr9rqT7AcNRT/view?usp=sharing" target="_blank" rel="noopener">Sinta</a> | <a href="https://scholar.google.co.id/citations?user=YH31L-IAAAAJ&hl=id&authuser=2">Google Scholar</a><a href="https://scholar.google.co.id/citations?user=YH31L-IAAAAJ&hl=id&authuser=2"> </a>| <a href="https://suggestor.step.scopus.com/progressTracker/?trackingID=01875519029644D6">Scopus</a> | <a href="https://doaj.org/toc/2549-001X?source=%7B%22query%22%3A%7B%22filtered%22%3A%7B%22filter%22%3A%7B%22bool%22%3A%7B%22must%22%3A%5B%7B%22terms%22%3A%7B%22index.issn.exact%22%3A%5B%221412-6303%22%2C%222549-001X%22%5D%7D%7D%2C%7B%22term%22%3A%7B%22_type%22%3A%22article%22%7D%7D%5D%7D%7D%2C%22query%22%3A%7B%22match_all%22%3A%7B%7D%7D%7D%7D%2C%22size%22%3A100%2C%22_source%22%3A%7B%7D%7D">DOAJ</a> </div> <div> </div> </td> </tr> </tbody> </table> <p> </p>Universitas Islam Negeri Antasari Banjarmasinen-USSyariah: Jurnal Hukum dan Pemikiran1412-6303<p>Authors who publish with this journal agree to the following terms:<br /><br /></p><ul><li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution License</a> that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li></ul><ul><li>Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li></ul><ul><li>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</li></ul><p> </p><div class="separator"> </div>Empirical Analysis of Legal Regulations on Family Violence During Wartime in Ukraine: A Comprehensive Examination
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12390
<p>This article focuses on examining family violence within the context of wartime conditions in Ukraine and proposes a criminological model for preventing such criminal offenses. The study reveals a significant surge in registered criminal offenses featuring domestic violence amidst the full-scale unprovoked invasion of Russia into Ukraine. Over a ten-month period in 2023, cases have risen by nearly 50% compared to the same period in 2022, with an average monthly increase of 27 recorded criminal offenses in 2023 compared to 2021. The heightened levels of stress, displacement of families, and the return of traumatized combatants contribute to an increase in domestic violence during and after war. This exacerbates incidents of physical, psychological, and sexual violence within households. The article addresses a critical scientific issue by advancing knowledge on family violence through a praxeological approach, aiming to identify solutions for fundamental and applied issues related to family protection in Ukraine. The study establishes that the Russian-Ukrainian war has elevated the frequency and severity of criminal offenses and instances of violence within the family sphere, necessitating a paradigm shift in the state's criminal-legal response to domestic violence perpetuated by offenders. The article systematically organizes achievements in countering and preventing family violence, synthesizes law enforcement and public practices in Ukraine and globally, and justifies directions for differentiating and individualizing punishment for perpetrators of family violence.</p>Kateryna BuriakAnatolii PrytulaMaryna ChornaAlla Pyshna Anton Dolhov
Copyright (c) 2024 Kateryna Buriak, Anatolii Prytula, Maryna Chorna, Alla Pyshna , Anton Dolhov
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2024-03-162024-03-1623226728010.18592/sjhp.v23i2.12390Legal Regulation of Access to Justice During Wartime in Cases Related to The Protection of The Rights, Freedoms And Interests of Military Personnel And Conscripts
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12238
<p>The purpose of the article consists in revealing access to justice during wartime in cases related to protection of rights, freedoms and interests of military personnel and conscripts. Active hostilities are taking place in most regions of Ukraine, and this makes it impossible to delivery justice in administrative courts. However, the High Council of Justice has resolved this issue properly, so access to justice in Ukraine during the wartime in cases related to protection of rights, freedoms and interests of military personnel and conscripts is currently possible in accordance with the Constitution of Ukraine. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. The article analyzes the decision of the ECtHR, and based on this, the author comes to the conclusion that financial costs are considered by the ECtHR as an obstacle to access justice. Access to court is effective only when a person will have a real opportunity to challenge wrongful actions in practice.</p> <p><strong>Key words:</strong> access to justice, court, electronic justice, subject of public authorities, the war, protection of rights, freedoms and interests of military personnel and conscripts.</p>Sergey OstrovskyNataliia TurlakovaNataliia ObushenkoAlina SkorobogatovaNataliia Borysocheva
Copyright (c) 2024 Sergey Ostrovsky, Nataliia Turlakova, Nataliia Obushenko, Alina Skorobogatova, Nataliia Borysocheva
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2024-01-242024-01-2423210711910.18592/sjhp.v23i2.12238Science And Its Role In Changes In Islamic Legal Thought (An Analysis Of Changes In The Fatwa Of The Indonesian Ulema Council Due To Recent Scientific Findings)
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/11361
<p><strong>Abstract: </strong>This study argues that scientific findings play a role in encouraging changes in the fatwas of the Indonesian Ulema Council (MUI). This research is library research that takes the fatwas of the Indonesian Ulema Council (MUI) as its primary source. Those fatwas are Fatwa on Vasectomy/Tubectomy, Fatwa on Meningitis Vaccine for Hajj and Umrah Jama'ah, Fatwa on Determination of the Beginning of Ramadan, Shawwal and Dhulhijjah, and Fatwa on Qibla Direction. Data collection was conducted using document study techniques. The data analysis is done with the content analysis method. The results of this study show that scientific findings play an important role in encouraging changes in MUI fatwas into three patterns of change, namely: First, <em>rukhsah</em>, which is the change of fatwa in the form of giving leeway to the legal provisions of the previous fatwa, as the change of MUI fatwa on vasectomy/tubectomy. Second, <em>nasakh</em> is the change of fatwa in the form of eliminating/canceling the legal provisions in the previous fatwa, such as the change of MUI fatwa on Meningitis Vaccine for Hajj and Umrah Jama'ah. Third, <em>takmîl</em> is the change of fatwa in the form of perfecting/completing the legal provisions in the previous fatwa, as the change of MUI fatwa on the determination of the beginning of Ramadan, Shawwal and Dhulhijjah, and fatwa on Qibla direction. Methodologically, in addition to considering the latest scientific studies, MUI fatwas are also equipped with <em>shara'</em> arguments including adequate verses of the Qur'an, Hadith, scholarly opinions, and ushul fiqh studies.</p> <p><strong>Keyword: </strong>Science, Change, Fatwa, MUI</p>Muhammad RasyidMuhsin AseriSukarniAkh. Fauzi AseriMuhammad Syazwan Faid
Copyright (c) 2024 Muhammad Rasyid, Muhsin Aseri, Sukarni, Akh. Fauzi Aseri, Muhammad Syazwan Faid
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2024-01-242024-01-2423212013710.18592/sjhp.v23i2.11361The Human Right to an Environment Safe for Life and Health: Legal Regulation, Contemporary Challenges and Comparative Perspectives
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12257
<p><strong>Abstract:</strong> The purpose of the research is to disclose human rights to an environment safe for life and health. Main content. The article reveals relationship between the concepts of “human rights” and "citizen’s rights” in the environmental sphere, “ecological rights”, “ecological responsibilities” and “the human right to an environment safe for life and health”. The war initiated by Russia caused significant damage to the environment, social and industrial infrastructure, flora and fauna. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of the essence of human rights to an environment safe for life and health. Conclusions. The legal grounds for the allocation of ecological rights to a separate institution in the system of constitutional rights are singled out, and their definition is derived. It was emphasized that Ukrainian citizens and non-governmental organizations made a lot of efforts to document the damages. In particular, EcoAction and Environment People Law organizations collect and publish relevant data on an ongoing basis. Thus, the "EcoZagroza" platform regularly publishes estimates of damages caused by environmental crimes, these estimates are calculated by the State Environmental Inspectorate of Ukraine.</p> <p><strong>Key words:</strong> human right, constitutional law, environmental conservation, environmental legislation, law.</p> <p><strong> </strong></p>Yevhen LehezaOlena Sinkevych Zorina KravtsovaOlena KudriavtsevaIevgeniia Cherniak
Copyright (c) 2024 Yevhen Leheza, Olena Sinkevych , Zorina Kravtsova, Olena Kudriavtseva, Ievgeniia Cherniak
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2024-01-302024-01-3023213815010.18592/sjhp.v23i2.12257Legal Regulation of Release of Minors From Punishment and From Service of Punishment: Foreign Experience, Administrative and Criminal Aspect
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12286
<p>The aim of this research is to unveil the legal regulations surrounding the release of minors from punishment and the execution of penalties. The primary focus is on investigating the efforts of European countries in establishing effective laws to prevent crimes committed by adults and to create new conditions for the rehabilitation of minors involved in criminal activities.</p> <p>The methodological foundation of this research is the dialectical method of scientific knowledge. Through the application of this method, the research considers the legal, functional, organizational, and procedural aspects of regulating the release of minors from punishment and punishment services. The research analyzed the general features and peculiarities of the legal regulation of coercive measures of an educational nature in several European countries, such as Germany, the Netherlands, Switzerland, Lithuania, the United Kingdom, and others. It was found that a large number of countries, in the provisions of their criminal laws, provide for the individualization and differentiation of criminal responsibility of minors, depending on various factors such as age, personality of the offender, and severity of the crime.</p> <p> </p>Tetiana VoloshanivskaOlesia NitsevychOleh MorozovVasyl BerezniakMykola Kuznietsov
Copyright (c) 2024 Tetiana Voloshanivska, Olesia Nitsevych, Oleh Morozov, Vasyl Berezniak, Mykola Kuznietsov
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2024-02-032024-02-0323215116110.18592/sjhp.v23i2.12286Family Dispute Resolution Practices in Kepulauan Seribu (Study of the Role of Religious Leaders, Community and State Apparatus)
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/11453
<p>Divorce outside religious courts often occurs in the Kepulauan Seribu community. As a result, the rights of wives and children after divorce are neglected. This article aims to examine in more depth the factors and resolution of divorce disputes outside of Court. This article is qualitative, with data sources obtained through interviews and document study. This article finds that four factors cause divorce outside religious courts: the location of the Kepulauan Seribu is very far from the site of the North Jakarta Religious Court, the economy, weather conditions and the educational level of the people of the Kepulauan Seribu. The resolution of family disputes is carried out using three processes: deliberations, mediation, and Mobile Sessions conducted by the North Jakarta Religious Court.</p>KamarusdianaHarun RasyidAli ImronArip PurkonMaskur RosyidM. Amin Suma
Copyright (c) 2024 Kamarusdiana, Ali Imron, Arif Furqon, Maskur, M. Amin Suma
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2024-02-032024-02-0323216317510.18592/sjhp.v23i2.11453Empirical Factors of Takliq Talaq Through Electronic Media in View of Positive Law And Islamic Law
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12255
<p>The words talaq are usually expressed verbally or directly by the husband to his wife, so that the wife can directly hear the expression of the word divorce from her husband. But along with the era of globalization, communication media in the form of cellphones turned out to be used by some husbands who were disappointed with their wives as a medium to declare divorce. The phenomenon of talaq through electronic media raises legal questions about its validity in terms of Islamic law. Based on the provisions of Article 65 of Law No. 7 of 1989 junto article 115 of the Compilation of Islamic Law (KHI) it is explained that divorce can only be carried out in front of a panel of judges in a court session. Divorce through social media reaps many pros and cons among scholars about its validity. Talaq through mobile electronic media either only in the form of sound or accompanied by its form in the form of pictures (video calls) in sharia talaq is declared as legal talaq, talaq is carried out via SMS, so scholars position this problem the same as the issue of divorce through writing. Meanwhile, according to the law on marriage in Indonesia, it is only declared valid if it is pronounced in a religious court.</p>Ahdiyatul HidayahRif’an SyafruddinErgina FaralitaFaturrahman FahroziAhmad Rifani
Copyright (c) 2024 Ahdiyatul Hidayah, Rif’an Syafruddin, Ergina Faralita, Faturrahman Fahrozi; Ahmad Rifani
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2024-01-262024-01-2623217719010.18592/sjhp.v23i2.12255Safeguarding Minors' Personal Data: Legal Principles in Information Security in Ukraine and Eurupean
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12304
<p>The research aims to uncover the legal regulations pertaining to the protection of minors' personal data, considered a crucial component of informational security. Through an analysis of Ukrainian and European legislation, in conjunction with the General Data Protection Regulation and the California Consumer Privacy Act, this study seeks to explore preventive measures against third-party abuse of children's information. The research highlights the responsibilities imposed on state authorities and legal entities, based on Ukrainian and European legislation, to safeguard personal data. The methodology employed in this article involves the utilization of both general scientific and specialized methods of scientific cognition. The specificity of the research subject, along with its purpose and tasks, guided the selection of these methods. The research results reveal various problematic issues related to the collection, storage, use, and distribution of personal data of minors. The obligation to protect an individual's rights to the processing and preservation of personal data or private information is a responsibility placed on state authorities in accordance with the legislation of Ukraine and European countries (Germany, Switzerland, France, Italy, Norway, Great Britain), as well as on legal entities that own or store the specified personal data. In conclusion, the protection of personal data emerges as a fundamental right, integral to the broader rights of family and private life. The study also underscores the importance of international cooperation mechanisms in addressing this multifaceted issue.</p>Yevhen KobkoHanna Foros Khrystyna ShperunOleksandr NikitinskyiRoman Savchuk
Copyright (c) 2024 Yevhen Kobko, Hanna Foros , Khrystyna Shperun, Oleksandr Nikitinskyi, Roman Savchuk
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2024-02-092024-02-0923219120410.18592/sjhp.v23i2.12304Harmonizing Conflicts: Integrating Ilmu Mukhtalif Al-Hadits and Adat Badamai Approaches For Conflict Resolution in Indonesia
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12409
<p>This article explores a harmonization approach in conflict resolution by integrating Ilmu Mukhtalif Al-Hadits and Adat Badamai within the framework of Islamic Jurisprudence. Ilmu Mukhtalif Al-Hadits, emphasizing the interpretation of conflicting hadiths, and Adat Badamai, within the context of the Banjar society, employing principles such as musyawarah and mekarajah, are considered aligned approaches in maintaining harmony and justice. The analysis demonstrates similarities in the principles of musyawarah, mekarajah, and decision-making by respected authorities in both approaches, aiming to achieve fair and harmonious agreements. This article highlights the significance of local wisdom, justice, and harmony in conflict resolution, considering consistency with Islamic teachings. In conclusion, the article proposes the integration of Ilmu Mukhtalif Al-Hadits and Adat Badamai as a method to bridge differences in conflict resolution, acknowledging the richness of local values while ensuring conformity with Islamic principles within a broader legal framework.</p>Akhmad SagirHanief MonadyMuhammad HasanLatifah Abdul MajidMuhammad Zainal Abidin
Copyright (c) 2024 Sagir, Hanief Monady, Hasan, Latifah, Zainal
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2024-03-012024-03-0123220522610.18592/sjhp.v23i2.12409Legal Framework for Protecting The Rights of Internally Displaced Persons in Ukraine During The War
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12378
<p>The research aims to uncover the legal regulation of the status of internally displaced persons in Ukraine during the war. A positive step for realizing the rights and guarantees of forced migrants consists in introduction by the Government of Ukraine of the following areas of assistance: monetary assistance, promotion of their employment, introduction of compensation for the costs of paying for communal services for families who sheltered displaced persons free of charge. The specifics of the research subject, as well as its purpose and tasks determined the use of general scientific and special methods of scientific cognition. It has been established that an extremely important role in exercising rights and guarantees of forced migrants belongs to such a public initiative as “Prykhystok” (“Shelter”). The problems of ensuring the rights and freedoms of internally displaced persons by state authorities in Ukraine are systematized, including: uncertainty of competence and lack of consistency in the activities of state authorities regarding the provision of rights and freedoms of internally displaced persons in Ukraine; imperfect accounting of internally displaced persons and their needs; lack of a strategy for state financial provision of the needs of internally displaced persons.</p>Iryna TesliukOlena PogrebnyakDmytro KozariichukVita MatskoОleksandr Khoroshun
Copyright (c) 2024 Iryna Tesliuk, Olena Pogrebnyak, Dmytro Kozariichuk, Vita Matsko, Оleksandr Khoroshun
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2024-03-052024-03-0523222824410.18592/sjhp.v23i2.12378Adjudicating Joint Property Dispute in Islamic Jurisprudence: Balancing The Best Interests of The Child With A Focus on Residency
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/12278
<p>Children hold a very important role in the development of a country. However, children are generally vulnerable; hence, protecting and ensuring children's rights must be a priority. One example of a condition where children’s rights are put at risk is when a child's residence becomes the object of a joint property lawsuit. In this case, the principle of the best interests of the child needs to be the main consideration in all matters of decision. This study aims to determine the characteristics of the best interests of the child principle in Islamic law and analyze the formulation of the judge's decision regarding the position of the child's residence, which is the object of a joint property lawsuit. This research is normative legal research, using primary and secondary legal materials. The result of this research shows that the principle of the best interests of the child initiated at the Convention on the Rights of the Child has become an important consideration in various laws and regulations in Indonesia, including the Compilation of Islamic Law to the Supreme Court Circular Letter <em>(Surat Edaran Mahkamah Agung</em>, SEMA)<em>.</em> As an important principle to be applied in the joint property lawsuit, this study provides three views of the judge's decision formulation, namely: 1) The lawsuit is admissible as there is no explicit norm; 2) It is inadmissible as it is waiting for the child to enter adult age; and 3) It is admissible; however, the distribution is postponed till the child enters adult age. Through this study, the author agreed that the lawsuit is admissible by postponing the distribution until the child reaches adulthood. However, there needs to be some refinement regarding the position of SEMA and the clarity of adult age.</p>Kukuh Pramono BudiGhansham AnandShintya Yulfa SeptiningrumNur Ezan RahmatXavier Nugraha
Copyright (c) 2024 Kukuh Pramono Budi, Ghansham Anand, Shintya Yulfa Septiningrum, Nur Ezan Rahmat, Xavier Nugraha
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2024-03-072024-03-0723224526610.18592/sjhp.v23i2.12278