https://jurnal.uin-antasari.ac.id/index.php/syariah/issue/feed Syariah: Jurnal Hukum dan Pemikiran 2025-01-01T07:08:37+00:00 Anwar Hafidzi [email protected] Open Journal Systems <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&amp;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 data-sider-select-id="dcfb562c-1246-49fa-850f-ac1c24328aeb">: <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&amp;hl=id&amp;authuser=2">Google Scholar</a><a href="https://scholar.google.co.id/citations?user=YH31L-IAAAAJ&amp;hl=id&amp;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> | <a href="https://drive.google.com/file/d/19IeUMoyjsIjo07f3yZxVRfdzsUxq9bSG/view?usp=sharing" data-sider-select-id="5ddf4411-a3a4-40ac-ae56-ac5210193acc">Sinta 1</a></div> <div> </div> </td> </tr> </tbody> </table> <p> </p> https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14876 Re-evaluating The Views in Combating Corruption Criminal Offenses Under Martial Law 2024-12-12T22:10:17+00:00 Olexandr Prysyazhnyuk [email protected] Yuriy Shovkun [email protected] Maksym Korniienko [email protected] Yevhen Pashchenko [email protected] Nana Charles Nguindip [email protected] <p>This research addresses the fight against corruption under martial law in Ukraine, a relevant phenomenon as corruption poses a significant threat to national stability and democracy. The purpose of this study is to evaluate the effectiveness of anti-corruption legislation and infrastructure in the context of martial law. Using an analytical and dogmatic approach, the research combines legal analysis, secondary data, and semi-structured interviews with legal experts and civil society representatives, and the implementation of anti-corruption policies. The results show that while adequate anti-corruption laws and strategies exist, their implementation is hampered by weak inter-agency coordination, non-transparency, and lack of independent oversight. The implications of this study emphasize the importance of updating anti-corruption strategies and strengthening collaboration between state institutions and civil society to comprehensively address corruption. This study recommends updating anti-corruption strategies through the application of technology such as OSINT (Open Source Intelligence), stricter law enforcement, and strengthening collaboration between state institutions and civil society. Public education to build an anti-corruption culture is also identified as a strategic step.</p> 2025-01-06T00:00:00+00:00 Copyright (c) 2025 Olexandr Prysyazhnyuk, Yuriy Shovkun, Maksym Korniienko, Yevhen Pashchenko, Nana Charles Nguindip https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14334 Integrating Sharia Certification in the Notary Profession: A Comparative Legal Analysis, Challenges, and Opportunities in Southeast Asian Countries 2024-10-19T03:30:37+00:00 Ghansham Anand [email protected] Baiq Elma Purnamawadita [email protected] Xavier Nugraha [email protected] Nur Ezan Rahmat [email protected] <p>Southeast Asia is part of the Asian continent located in Southeastern part of Asia or around Indochina and the islands of the Malay Peninsula. Southeast Asia is home to a largely Muslim demographic, such as Indonesia, Malaysia, Brunei Darussalam, Thailand, and the Philippines. Consequently, countries in Southeast Asia implement Islamic law into their national laws, either whole or partially. The primary sources of Islamic law are the Qur'an and <em>Sunnah</em>. Islamic law is frequently applied in business and banking transactions, requiring deeds or agreements. A notary is an authorised individual entitled to make authentic deeds and other documents as regulated in laws and regulations. In several Southeast Asian countries, notaries have the authority to attest an agreement or document. The making of these deeds and agreements also includes agreements based on Islamic law or Sharia law. Thus, notaries can make deeds and agreements based on Islamic law that is recognized and regulated by their respective national laws. However, in making Sharia deeds, not everyone understands the rules and principles of Islamic law, including notaries. There is a current urgency for the standardization of Sharia deed making. This serves as a crucial tool for achieving legal unification in the creation of Sharia deeds on a cross-border scale.</p> 2025-01-06T00:00:00+00:00 Copyright (c) 2025 Ghansham Anand, Baiq Elma Purnamawadita, Xavier Nugraha, Nur Ezan Rahmat https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13135 Revitalizing Abandoned Land: Sheikh Muhammad Arshad Al-Banjari’s Ihyā’ al-Mawāt as a Pesantren Economic Model in 18th Century Banjarese Society 2024-11-24T21:41:23+00:00 Abdul Hafiz Sairazi [email protected] Zulfa Jamalie [email protected] Sukarni Sukarni [email protected] M. Hanafiah [email protected] <p>This study examines the concept of <em>ihyā’ al-mawāt</em> as implemented by Sheikh Muhammad Arshad al-Banjari in 18th-century Banjarese society, focusing on its socio-economic and legal significance. While <em>ihyā’ al-mawāt</em>—the revitalization of abandoned land—is well-documented in Islamic jurisprudence, its practical application by Sheikh Muhammad Arshad remains underexplored. Using a historical approach and a normative legal framework, the research investigates the methods employed in land cultivation, the establishment of communal agricultural systems, and their integration into pesantren institutions. The findings reveal that Sheikh Muhammad Arshad spearheaded land reclamation through the collective efforts of his community, transforming swampy and neglected areas into fertile agricultural land. This initiative not only enhanced the community’s economic welfare but also laid the groundwork for an agro-economic model within pesantren education. The study underscores the enduring relevance of Islamic legal principles in addressing societal challenges and fostering sustainable community development.</p> 2025-01-01T00:00:00+00:00 Copyright (c) 2025 Abdul Hafiz Sairazi, Zulfa Jamalie, Sukarni Sukarni, Muhammad Hanafiah https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14472 Comparative Analysis of Prosecutorial Systems: Insights from the United States and European Countries 2024-12-11T22:08:41+00:00 Elvira Orzhynska [email protected] Viktoria Rarytska [email protected] Konstiantyn Stoianov [email protected] Denys Dontsov [email protected] Anatoliy Terletskii [email protected] <p>This research used a qualitative approach with a focus on comparative studies and document analysis. The approach was designed to explore the legal regulations and organizational systems of prosecutors' offices in the United States, European countries, and Ukraine. Data were collected through a literature review of relevant constitutions, laws, and other official documents, such as reports from international organizations, court decisions, and prosecutorial codes of ethics. The analysis was conducted using a comparative method, whereby prosecutorial systems from different countries were compared based on several key criteria. These criteria included organizational structure, level of independence, legal authority, and efficiency of human resources and funding. This approach enabled the identification of best practices that could be applied to address local challenges in Ukraine. Data were analyzed thematically to identify patterns, differences, and similarities among the prosecutorial systems studied. For example, decentralized systems in the United States were compared with centralized models in Germany and France to assess their implications for case management effectiveness. The analysis also included an evaluation of the prosecutor's ability to handle specialized cases, such as war crimes investigations, as well as integration with applicable international standards. As a final step, the research validated the findings through source triangulation to ensure the accuracy and credibility of the data. This approach provided a solid basis for developing recommendations for reforming the prosecutorial system in Ukraine oriented towards the principles of the rule of law, protection of human rights, and operational effectiveness.</p> 2025-01-14T00:00:00+00:00 Copyright (c) 2025 Elvira Orzhynska, Viktoria Rarytska, Konstiantyn Stoianov, Denys Dontsov, Anatoliy Terletskii https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13879 Judicial Digitalization in Central Indonesia: A Study of E-Court and E-Litigation Implementation in Courts 2024-11-24T21:37:38+00:00 Hasyim Sofyan Lahilote [email protected] Frangky Soleman [email protected] Faradila Hasan [email protected] Rusdaya Basri [email protected] Azizah Lahilote [email protected] <p>The implementation of electronic court systems in Indonesia has gained momentum with the issuance of PERMA No. 7 of 2022 on Electronic Case Administration and Court Proceedings. This study aims to analyze the implementation of e-Court and e-Litigation in the Bitung and Praya Religious Courts, focusing on identifying factors that influence the level of adoption and effectiveness of the system. Using an empirical juridical method with a qualitative approach, this research combines in-depth interviews with 12 key informants (including court presidents, vice presidents, judges, and clerks), direct observation for 3 days in each court, and documentation analysis. The results showed a low level of adoption, with the use of e-Court in Bitung only 9.26% and Praya 8.70%, while e-Litigation was even lower (0.54% in Bitung and 0.23% in Praya). The significant difference in case volume between the two courts (367 cases in Bitung and 3,814 cases in Praya) does not correlate with the level of technology adoption. The main barriers include limited digital infrastructure, low technological literacy and user preference for conventional services. The study recommends the development of a multilevel policy that takes into account local characteristics, the strengthening of digital literacy programs through partnerships with educational institutions, and a tiered incentive system to encourage the use of electronic services.</p> 2025-01-14T00:00:00+00:00 Copyright (c) 2025 Hasyim Sofyan Lahilote, Frangky Soleman, Faradila Hasan, Rusdaya Basri, Azizah Lahilote