https://jurnal.uin-antasari.ac.id/index.php/syariah/issue/feed Syariah: Jurnal Hukum dan Pemikiran 2025-03-07T08:36:37+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/15617 Reconstructing the Philosophy of Marriage: Banjar Wedding Rituals as Cultural Implementation of Maqashid al-Nikah in Achieving Spiritual Sanctity and Social Harmony 2025-01-09T01:39:00+00:00 Norcahyono Norcahyono [email protected] Thoat Stiawan [email protected] Mamdukh Budiman [email protected] <p>This study discusses the reconstruction of marriage philosophy through the examination of the Mandi Bapapai ritual in Banjar traditional weddings as a cultural implementation of Maqashid al-Nikah in achieving spiritual sanctity and social harmony. The aim of this research is to analyze how the values of Maqashid al-Nikah are reflected in the Mandi Bapapai ritual and to reveal its spiritual and social roles in fostering sanctity and harmony in marriage. This research employs a library research method with a descriptive-analytical approach, combined with normative and historical-sociological perspectives. The findings show that the Mandi Bapapai ritual reflects the core objectives of Maqashid al-Nikah—preserving religion (hifz ad-Din), safeguarding the soul (hifz an-Nafs), and protecting lineage (hifz an-Nasl)—through integrated spiritual, social, and emotional values within the cultural practice. The implications of this study suggest that local cultural rituals, such as Mandi Bapapai, can be harmonized with sharia values, serving as a means to build community solidarity, strengthen spiritual and social foundations in marital life, and thus support the realization of the objectives of maqashid al-sharia in the context of family and society.</p> 2024-12-28T00:00:00+00:00 Copyright (c) 2024 Norcahyono Norcahyono, Thoat  Stiawan, Mamdukh Budiman https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13155 Influence of Socioeconomic, Religious, and Normative Factors on Islamic Inheritance Intentions: A PLS-SEM Approach 2024-06-27T11:07:47+00:00 Mukhsin Aseri [email protected] Muhamad Syazwan Faid [email protected] <p>This study explores the influence of socioeconomic status, religious involvement and obligation, normative structure, and perceived behavioral control on the intention to distribute inheritance based on Islamic law, with the mediating role of attitude. This study involved 544 participants from the South Kalimantan region, Indonesia with the majority having a college education background who were selected using convenience and snowball sampling techniques. Data collection was conducted through an online questionnaire. Using Partial Least Squares Structural Equation Modeling (PLS-SEM) methodology with SmartPLS as the analytical tool, this study reveals that high education and income have no effect on Muslims' attitude and intention to divide inheritance according to Islamic law immediately. Similarly, people who consider that dividing inheritance according to Islamic law is a religious obligation do not tend to have the attitude and intention to divide inheritance according to Islamic law. Nevertheless, this study verifies that normative structure and perceived behavioral control affect the intention to divide inheritance according to Islamic law through attiude as a mediator. Future research could expand the geographical coverage and involve populations from different regions with different cultures and levels of religiosity to verify whether the findings of this study are universally applicable.</p> 2025-02-13T00:00:00+00:00 Copyright (c) 2024 Mukhsin Aseri, Muhamad Syazwan Faid https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/16037 Same-Sex Marriage in the European Union: A Comparative and Constitutional Analysis of Legal and Administrative Analogies 2025-03-07T08:36:37+00:00 Oleksandr Yunin [email protected] Vyacheslav Krahlevych [email protected] Serhii Shevchenko [email protected] Halyna Tatarenko [email protected] Viktoriia Tomina [email protected] <p>Same-sex marriage has become one of the main issues in contemporary legal discourse in Europe, reflecting increasingly complex social, cultural, and political dynamics. This issue is highly relevant in European countries, where societal demands and international obligations related to human rights intersect. This study aims to examine legal regulations on same-sex marriage in the European Union. The method used is comparative and classificatory legal analysis with a doctrinal approach to legal texts and recent case law of the European Court of Human Rights (ECHR). Analysis of cases such as Makate v. Lithuania and Maimulakhin and Markiv v. Ukraine indicates that the absence or prohibition of legal recognition of same-sex couples may be considered a violation of the right to private and family life, freedom of expression, and the prohibition of discrimination as stipulated in the European Convention on Human Rights. This study concludes that despite ongoing political and cultural resistance in some European countries, the trend toward legalizing same-sex marriage is gaining momentum in response to public demands and international legal standards. However, such marriages remain inconsistent with the original purpose and nature of marriage between men and women.</p> 2025-02-17T00:00:00+00:00 Copyright (c) 2024 Oleksandr Yunin, Vyacheslav Krahlevych, Serhii Shevchenko, Halyna Tatarenko, Viktoriia Tomina 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/13973 Legal Regulation of the Protection Of Children's Rights By European Standards: a Comparative Perspective 2024-12-30T04:42:54+00:00 Alla Sotska [email protected] Serhii Tryhub [email protected] Tetiana Voloshanivska [email protected] Vadym Kolomiiets [email protected] Krystyna Rezvorovych [email protected] <p>The article studies the Council of Europe convention mechanism for the protection of children's rights. It is confirmed that the Council of Europe directs a significant part of its activities to support, develop and protect the rights of the child. Six Council of Europe conventions devoted to children themselves were analyzed. The European Convention on the Legal Status of Children Born Out of Wedlock and National Law recognize that there are no differences in the legal status of a child born out of wedlock and a child born in wedlock. The European Convention on the Recognition and Enforcement of Decisions on Child Custody and on the Restoration of Child Custody of a "Child" recognizes a person of any nationality who has not reached the age of 16 and does not have the right to decide independently on their place of residence. The Convention on Contact with Children enshrines the mutual right of the child and his parents to contact, which in its content is wider than the right of parents and children to communicate with each other. The European Convention on the Adoption of Children (revised) contains a number of provisions with which the norms of family legislation Europe. The Convention provides for the adoption of a person who has not yet reached the age of 18, in Eastern Europe in exceptional cases, the adoption of an adult is allowed.</p> 2025-02-02T00:00:00+00:00 Copyright (c) 2025 Alla Sotska, Serhii Tryhub, Tetiana Voloshanivska, Vadym Kolomiiets, Krystyna Rezvorovych https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13640 Enhancing Water Cooperation in Africa: The Role and Challenges of International Law in Managing Transboundary Resources 2024-07-16T13:06:51+00:00 Franklin Oniemba Mundala [email protected] Muhammad Mutawalli Mukhlis [email protected] Maskun Maskun [email protected] Ahmad Masum [email protected] Yusuf Ibrahim Arowosaiye [email protected] Naswar Naswar [email protected] <p>Transboundary water management in Africa presents significant challenges due to historical agreements, geopolitical tensions, and environmental pressures. This study investigates the role of international water law in fostering cooperation among riparian states, with a focus on Africa. The research identifies key challenges such as fragmented legal frameworks, limited institutional capacity, and unequal infrastructure development. Employing a mixed-methods approach, including normative legal analysis, case studies, and stakeholder interviews, the study examines the effectiveness of principles like equitable utilization and prevention of significant harm. The findings reveal gaps in implementing international conventions, hindered by political and economic disparities. However, successful cases, such as the Senegal River Basin management, highlight the potential for cooperative frameworks. Recommendations emphasize strengthening regional institutions, revising outdated treaties, and integrating community-based approaches. These strategies aim to align Africa's unique socio-political realities with international standards, ensuring sustainable water governance and reducing conflicts. The implications underscore the necessity of tailoring global frameworks to regional contexts, fostering both environmental and social equity.</p> 2025-01-22T00:00:00+00:00 Copyright (c) 2025 Franklin Oniemba Mundala, Muhammad Mutawalli Mukhlis, Maskun, Ahmad Masum, Yusuf Ibrahim Arowosaiye, Naswar 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/13977 Legal Harmonization of International Trade Contracts in the Framework of Islamic Transaction Law 2025-01-01T08:03:36+00:00 Syaugi Mubarak [email protected] Faqih El Wafa [email protected] Yusuf Asyahri [email protected] <p>Sales contracts are the most important part of Sharia law. This paper tries to identify legal issues arising from applying the Vienna Convention on Contracts for the International Sale and Goods - CISG as an instrument in international trade contracts from the perspective of Sharia contract law. There is an urgency to look at the legal norms of sales in the CISG because the potential application of the CISG in international trade traffic is extensive, and efforts to harmonise between the CISG and Sharia law. This article's research type is normative legal research with a comparative legal approach. This approach is carried out by identifying legal norms contained in the CISG and Sharia law, which are normative-prescriptive, and then looking for harmonisation efforts from the perspective of legal hermeneutics and comparative law. The findings of this research are that several legal issues in CISG need to be harmonised within the framework of sharia law where there are 4 (four) legal issues that arise, namely: first: the validity of the contract, second: the existence of the object (object), third: price uncertainty; fourth: contracts involving third parties. The results of this research are expected to provide information as a basis for consideration of the need for efforts to update national contract law by formulating international trade laws by accommodating Sharia law.</p> 2025-02-12T00:00:00+00:00 Copyright (c) 2025 Syaugi Mubarak, Faqih El Wafa, Yusuf Asyahri 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 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