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Asy-Syari'ah
Scopus
ISSN 2086-9029 · Faculty of Sharia and Law UIN Sunan Gunung Djati Bandung · 198 articles in the index
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Journal Article Full text
Protecting Children's Rights in Marriage Dispensation Cases: Evidence from Religious Courts in Indonesia
Abstract: The protection of children's rights is essential to ensure their well-being and development. In Indonesia, Law No. 16 of 2019 raised the minimum marriage age to 19 years, yet marriage dispensation remains an option for underage marriage in exceptional circumstances. This research examines…
Also available at: DOAJ
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Waqf Land Dispute Resolution in Indonesia and Malaysia: Legal and Cultural Approaches
Abstract: Dispute resolution in the waqf land context is a matter of particular legal complexity; thus, it requires special attention. This research aims to provide a comparative analysis of waqf land dispute resolution mechanisms in Indonesia and Malaysia, with a focus on the role of local…
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Restraint of Trade Clause in the Digital Economy: South African and Islamic Law Comparison
Abstract: A Restraint of Trade clause stands between employers to safeguard legitimate protectable interests and the employee's right to exercise a profession freely. Therefore, this research aims to conduct a comprehensive examination into enforcing restraint of trade agreements in South Africa…
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Ḥabs as Common Living Heritage: Beyond the Cash Waqf as Deep Financial Innovation
Abstract: This conceptual exploration examines the deep meaning of ḥabs as a common living heritage extending beyond mainstream financial interpretations that consider private waqf an innovation of Islam and cash waqf being the best innovation in private waqf. Through the conceptual-hermeneutic…
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The Potential of Zakat in Poverty Alleviation to Achieve SDG 2: Zero Hunger
Abstract: Zakat is part of the five pillars of Islam which is considered significant in poverty alleviation in addition to the promotion of social justice and economic redistribution. Therefore, this study aims to examine the role of zakat in alleviating poverty in order to achieve Sustainable…
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Animal Protection in Light of Modern Legal Thought and Islam Law’s Perspective
Abstract: Animals possess certain rights like human beings, including the right to life, liberty, health, well-being and reasonable abode. So far, only the right to life of animals has been given due consideration; however, unlike other inanimate objects, animals are emotional and intelligent…
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Judicial Ijtihād and Maqāṣid-Based Adjudication in Interfaith Inheritance: Reconstructing Wasiat Wajibah in Indonesian Islamic Law
Abstract: Islamic inheritance law in Indonesia encounters persistent normative tension when applied to interfaith family structures. Classical farāʾiḍ doctrine categorically prohibits inheritance across religious boundaries, a rule that frequently generates substantive injustice within plural legal…
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The Eco-Agriculture Pivoted on Maqāṣid Asy-Syarī’ah: A Qualitative Dynamic System Analysis for Food Security
This study aims to create a sustainable and innovative agricultural ecosystem by emphasising the importance of human effort in critically assessing and sustaining their lives amid unpredictable natural conditions. By employing a dynamic qualitative approach and developing a reproducible analysis…
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Increasing Halal Industry MSMEs in Gorontalo through Maqāṣid Asy-Syarī`ah
Micro, Small, and Medium Enterprises (MSMEs) are important in fostering economic development through broad-based community engagement, positioning this sector as a strategic priority for governments. The COVID-19 pandemic caused significant disruptions to the global economy, severely impacting…
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Maqashid Sharia Approaches in Pension Fund Programs: Bank Muamalat Indonesia and Taspen Comparison
Pension funds function as instruments for long-term welfare protection; however, their development in Indonesia remains constrained by low financial literacy, limited public participation, and governance and fiscal sustainability issues, including investment irregularities in state pension…
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The Concept of Sadd Al-Dzāri‘Ah from the Perspective of Asy-Syāṭibī and Al-Qarāfī Towards Minimum Marriage Age Policy in Indonesia
The amendment of Indonesian Marriage Law No. 16 of 2019 which raises the minimum marriage age to 19 for both men and women is a crucial step by the government to reduce the prevalence of child marriage and the wide-ranging impacts on reproductive health, education, and social welfare. From the…
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Mosques as Catalysts for Islamic Financial Inclusion: Evidence from Branchless Banking Implementations
Islamic financial inclusion in Indonesia remains relatively low among the unbanked and underbanked populations, who have limited access to formal banking services. This condition necessitated Bank Syariah Indonesia to introduce a branchless banking initiative, known as BSI Smart, which is…
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Pemodelan Fatwa Ekonomi Syariah dan Karakteristiknya di Indonesia
Abtract: The DSN-MUI sharia economic fatwa has had a major influence in building the construction of sharia economic law in Indonesia. However, how the modeling of the fatwa was formed from 2000-2022 is still relatively rarely written about, as well as its characteristics. Therefore, this paper…
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Maqashid Al-Syari'ah dalam Regulasi Mediasi Mahkamah Agung: Studi Kasus Penyelesaian Konflik Waris di PA Sumedang
There has been a lot of research on Maqashid al-Syari'ah, but none of these studies have focused on disclosing the existence of Maqashid al-Syari'ah in the Regulation of mediation in court. This study aims to analyse the strength of Maqashid al-Syari'ah in mediation regulations and their…
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Dampak Penetapan Izin Praktek Tambang Emas Tumpang Pitu Perspektif Fikih Sosial KH. Sahal Mahfudh
Due to its significant impact on the environment, gold mining is often a particular concern. This paper examines the effect of granting gold mining permits on Mount Tumpak Pitu, Banyuwangi Regency, East Java, from the perspective of social fiqh developed by Sahal Mahfudh. Social fiqh prioritizes…
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Special Position of Ashabah’s Heirs in the Sunni Islamic Jurisprudence of Inheritance: A Sociohistorical Approach
Abstract: This study discusses the relationship between the position of male relatives in relation to the heir, either directly or through a male lineage, and not through females (known as ‘aṣabah) in Sunni jurisprudence, within the context of the Arab anthropological background. Sunni…
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Reconstruction of Moon Phases and Period in The Book of Enoch on Islamic Astronomy Perspective
Abstract: The Book of Enoch presents an explanation of Moon in a different way when compared to many ancient manuscripts. The periods of the Moon associated with the Moon phases are illustrated in a unique way that, in first glance, requires a deep understanding. This explanation is different with…
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Exploration of Islamic Economic Principles on Collateral in Legislation in Indonesia
Abstract: This research aims to examine and analyse the regulatory concept and legal position of guarantees in statutory regulations, and also seeks to explore the Harmonization of Sharia Economic Principles regarding Guarantees in statutory provisions. Analytical descriptive methods were used in…
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Facing Economic Recession in Nigeria: Lessons from Umar Ibn Al-Khattab’s Economic Policies
Abstract: Economic conditions are dynamic and can shift from prosperity to adversity, affecting individuals and nations. This paper examines the socioeconomic recession during the early Islamic era under the leadership of Umar ibn Al-Khattab, exploring its causes, remedies, and eventual recovery…