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 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&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> | <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>en-US<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>[email protected] (Anwar Hafidzi)[email protected] (Arie Sulistyoko)Wed, 01 Jan 2025 07:08:37 +0000OJS 3.2.1.4http://blogs.law.harvard.edu/tech/rss60Re-evaluating The Views in Combating Corruption Criminal Offenses Under Martial Law
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14876
<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>Olexandr Prysyazhnyuk, Yuriy Shovkun, Maksym Korniienko, Yevhen Pashchenko, Nana Charles Nguindip
Copyright (c) 2025 Olexandr Prysyazhnyuk, Yuriy Shovkun, Maksym Korniienko, Yevhen Pashchenko, Nana Charles Nguindip
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https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14876Mon, 06 Jan 2025 00:00:00 +0000Integrating Sharia Certification in the Notary Profession: A Comparative Legal Analysis, Challenges, and Opportunities in Southeast Asian Countries
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14334
<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>Ghansham Anand, Baiq Elma Purnamawadita, Xavier Nugraha, Nur Ezan Rahmat
Copyright (c) 2025 Ghansham Anand, Baiq Elma Purnamawadita, Xavier Nugraha, Nur Ezan Rahmat
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https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14334Mon, 06 Jan 2025 00:00:00 +0000Judicial Digitalization in Central Indonesia: A Study of E-Court and E-Litigation Implementation in Courts
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13879
<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>Hasyim Sofyan Lahilote, Frangky Soleman , Faradila Hasan, Rusdaya Basri, Azizah Lahilote
Copyright (c) 2025 Hasyim Sofyan Lahilote, Frangky Soleman, Faradila Hasan, Rusdaya Basri, Azizah Lahilote
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https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13879Tue, 14 Jan 2025 00:00:00 +0000Revitalizing Abandoned Land: Sheikh Muhammad Arshad Al-Banjari’s Ihyā’ al-Mawāt as a Pesantren Economic Model in 18th Century Banjarese Society
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13135
<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>Abdul Hafiz Sairazi, Zulfa Jamalie, Sukarni Sukarni, M. Hanafiah
Copyright (c) 2025 Abdul Hafiz Sairazi, Zulfa Jamalie, Sukarni Sukarni, Muhammad Hanafiah
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https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13135Wed, 01 Jan 2025 00:00:00 +0000Comparative Analysis of Prosecutorial Systems: Insights from the United States and European Countries
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14472
<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>Elvira Orzhynska, Viktoria Rarytska, Konstiantyn Stoianov, Denys Dontsov, Anatoliy Terletskii
Copyright (c) 2025 Elvira Orzhynska, Viktoria Rarytska, Konstiantyn Stoianov, Denys Dontsov, Anatoliy Terletskii
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https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/14472Tue, 14 Jan 2025 00:00:00 +0000Legal Regulation of the Protection Of Children's Rights By European Standards: a Comparative Perspective
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13973
<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>Alla Sotska, Serhii Tryhub, Tetiana Voloshanivska, Vadym Kolomiiets, Krystyna Rezvorovych
Copyright (c) 2025 Alla Sotska, Serhii Tryhub, Tetiana Voloshanivska, Vadym Kolomiiets, Krystyna Rezvorovych
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https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13973Sun, 02 Feb 2025 00:00:00 +0000Enhancing Water Cooperation in Africa: The Role and Challenges of International Law in Managing Transboundary Resources
https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13640
<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>Franklin Oniemba Mundala, Muhammad Mutawalli Mukhlis, Maskun Maskun, Ahmad Masum, Yusuf Ibrahim Arowosaiye, Naswar Naswar
Copyright (c) 2025 Franklin Oniemba Mundala, Muhammad Mutawalli Mukhlis, Maskun, Ahmad Masum, Yusuf Ibrahim Arowosaiye, Naswar
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https://jurnal.uin-antasari.ac.id/index.php/syariah/article/view/13640Wed, 22 Jan 2025 00:00:00 +0000