Invest Journal of Sharia & Economic Law
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Zakat for Disabilities: Bridging Indonesian State Law and Islamic Law
Full text linkThis study aims to disclose the impact of Islamic law and Indonesian state law on organizing zakat distribution for persons with disabilities. Utilizing a descriptive comparative methodology, this study analyzes how both Islamic law and Indonesian state law influence efforts to provide zakat funds to people with disabilities in Indonesia. We examined scholarly literature, reports, articles on Fiqh Zakat, zakat distribution, the rights of people with disabilities, and regulations to obtain pertinent background knowledge. A comparative analysis assessed the impact of the similarities and differences between these laws on the right to receive zakat. The findings evaluate the contribution of zakat distribution to addressing the needs of people with disabilities from the perspectives of both Islamic law and state law. This study emphasizes the importance of protecting individuals with disabilities in various countries, including those with secular legal frameworks, as a crucial aspect of social policies. It advocates equal access to education, healthcare, and employment opportunities, fostering inclusivity and eliminating discrimination
The Grey Areas: Notary Liability and Intern Supervision in Indonesian Legal Practice
Full text linkThis study examines the legal responsibilities and protections for notaries supervising interns in Indonesia, focusing on potential violations and the challenges posed by the differing legal statuses of interns and permanent staff. Employing a normative juridical method with statute and conceptual approaches, this research analyzes Article 16A of Law Number 2 of 2014 on Notary Position, which mandates supervisory duties for notaries but lacks clarity on liability boundaries. The absence of detailed regulations exposes notaries to legal and reputational risks as they may face litigation for interns' misconduct. Inconsistent internship practices across notarial offices further complicates this issue. This study highlights practical challenges, such as managing interns' access to sensitive client information and maintaining confidentiality. These challenges are exacerbated by interns' status as trainees rather than employees, which limits the supervising notary's control and accountability. These findings underscore the need for explicit guidelines to protect notaries from unintended liability while ensuring effective mentorship. Recommendations include implementing specific regulations on supervision, mandatory ethics training for interns, and limited access to protocols. Collaboration with professional associations to establish best practices and maintain a balance between legal responsibilities and training quality is advised. This study contributes to the understanding of professional responsibility in the notarial profession and highlights the importance of clear legal frameworks to support supervisors and maintain public trust
Diagnosing Qur’ānic Precepts on Wealth Creation in Digital Age
Full text linkThis study examines how Islamic economic principles can provide guidance for ethical wealth creation, protection, and distribution in the rapidly evolving digital economy, particularly in the face of cybercrime and financial scams. The research investigates the adaptability of Islamic teachings to digital economic activities, emphasizing the importance of lawful enterprise and social responsibility. The study employs qualitative analysis of Qur’ānic precepts, Hadiths, and contemporary Islamic scholarship. The findings reveal that Islamic wealth management principles are not only compatible with but also vital for navigating the complexities of the digital age. These principles advocate for ethical earning, robust protection of wealth through cybersecurity measures, and the socially responsible distribution of wealth. The study emphasizes the necessity for precise legal frameworks that align with Islamic ethical standards in digital commerce, alongside a strong emphasis on education regarding digital economic activities within an Islamic framework. Engaging in the digital economy under Islamic guidelines is feasible and advantageous, highlighting the critical role of international cooperation among Muslim countries to combat cybercrime and ensure a secure, equitable digital economic environment. This approach fosters economic resilience and social welfare in accordance with Islamic values
Financial Inclusion in Muslim-Majority Countries: Overcoming Economic and Social Challenges Through Islamic Lending
Full text linkThis study explores the impact of Islamic loans on promoting financial inclusion and addressing socio-economic issues in Muslim-majority countries. It compares Islamic loans with other financial instruments to demonstrate their contribution to creating an inclusive financial system.The research analyzes the challenges associated with using Islamic loans to enhance financial inclusiveness and mitigate economic and social challenges. The research explores the unique characteristics of Islamic loans and their impact on financial accessibility, savings, credit availability, and comprehensive banking services through a comparative descriptive methodology, including a literature review and data analysis. The study's findings reveal that Islamic finance presents opportunities for financial inclusion. However, there are several obstacles that need to be addressed, including regulatory and legal frameworks, scalability issues, global integration, public awareness, and technical accessibility. To promote the adoption of Islamic finance and advance financial inclusion, collaboration among regulatory bodies, financial institutions, legislators, and the public is crucial. Further research and the development of effective strategies are necessary to promote financial inclusion in the Islamic economy
The Natural Cooperatives in The Muslim World: Traditional Entrepreneurial Communities
Full text linkThis study investigates the structure and socioeconomic roles of traditional entrepreneurial communities in the Muslim world by comparing them with modern cooperative models. Unlike Western cooperatives, which emerged to counter market-induced social disintegration, Muslim communities have sustained themselves through kinship networks, shared values, and voluntary socioeconomic justice. These communities exhibit key characteristics aligned with cooperative aims, including family-business integration, mutual financial support, job creation, and community well-being. However, contemporary research on these communities is limited and often outdated, in contrast to extensive studies on ethnic entrepreneurship in non-Muslim contexts. This study advocates for more exploratory research to understand how Muslim entrepreneurial communities maintain social integration, distributive justice, and Islamic values in their socioeconomic frameworks. It proposes research questions on community organization, economic contributions, welfare mechanisms, and modernization impacts, offering a roadmap for future research to inform policies and community development. By examining the resilience and adaptability of these communities, this study aims to enhance the understanding of Islamic socioeconomic models and their contemporary relevance. These findings highlight the distinctive features of these communities as naturally occurring cooperatives, reflecting their unique cultural, religious, and social contexts. This research advances theoretical discussions in Islamic economics, economic sociology, and cooperative studies, while offering insights into fostering economic inclusivity and social cohesion in diverse settings
Corruption In Morocco-A Sectorial Analysis
Full text linkCorruption, a pervasive socio-economic problem, has a significant impact on Morocco, reflecting a global challenge that undermines trust in public institutions and hinders development. This phenomenon, often defined as the abuse of public power for private gain, results in widespread citizen distrust of their government and public institutions. Recognizing the critical need to address this issue, Morocco has implemented various strategies and reforms at the institutional and civil society levels to combat corruption. Our study aims to provide a sectoral analysis of corruption in Morocco, assessing the prevalence of corrupt practices and the effectiveness of anti-corruption measures put in place. Using a descriptive methodology, our research relies on secondary data from various databases, including Transparency International's Corruption Perceptions Index (CPI) from 2004 to 2023. This index provides a longitudinal perspective on how perceptions of corruption have evolved in Morocco over the years and serves as a key indicator of the effectiveness of anti-corruption efforts. Our findings indicate that despite these efforts, corruption remains entrenched in several sectors, suggesting that the strategies adopted have not yet succeeded in significantly changing the corruption landscape. This analysis underscores the complexity of fighting corruption in Morocco and highlights the need for continued efforts and innovative strategies to effectively address this endemic problem
Obstacles to sustainable development in the Islamic world
Full text linkThis study examines obstacles to sustainable development in the Islamic world through the lens of Islamic teachings and principles. Utilizing a qualitative research approach, this study selected relevant Islamic teachings on sustainability, cases of sustainable development in Islamic countries, and places facing specific challenges. Primary data were gathered from religious texts, while secondary data were collected from a comprehensive literature review, including the Quran, Hadith, and scholarly articles. The research process involves extensive literature review and data analysis through data reduction to identify key themes, with comparative analysis highlighting the differences and similarities between Islamic and non-Islamic countries' approaches. The key obstacles identified included corruption, social injustice, and wealth inequality. This study advocates for a comprehensive approach guided by scholars, policymakers, and local communities, involving the reinterpretation and implementation of Islamic values in development strategies. Education and awareness campaigns are proposed to empower individuals with the knowledge required to make ethical choices. By integrating scientific advancements with traditional wisdom, this study underscores the need to ensure that progress aligns with Islamic teachings of compassion, justice, and responsible stewardship
Are Sharia-Labeled Hotels Truly Sharia? Challenges In Implementing DSN-MUI Fatwa No. 108/DSN-MUI/X/2016: A Case Study from Pacitan, Indonesia
Full text linkThe implementation of Sharia principles in the hospitality industry is crucial to meet the growing demand for halal tourism. This study examines the extent to which a Sharia-labelled hotel in Pacitan, Indonesia, applies the guidelines outlined in the DSN-MUI Fatwa No. 108/DSN-MUI/X/2016, focusing on the product, service, and management aspects. Through a qualitative field research approach involving in-depth interviews, participatory observation, and documentation analysis, the study reveals significant gaps between the hotel's Sharia-compliant branding and its actual practices. Notable deficiencies were found in the provision of prayer facilities, cleanliness standards, halal certifications for food and beverages, and adherence to Islamic financial principles. The absence of standard operating procedures to regulate guest behavior and ensure staff compliance with Sharia dress codes further highlights the challenges in aligning operations with Islamic guidelines. These findings underscore the need for a multifaceted approach to address discrepancies, including prioritizing the establishment of essential facilities, comprehensive staff training, and the development of clear operational procedures. At the policy level, this study emphasizes the importance of government support through financial incentives, capacity-building programs, and stricter enforcement mechanisms to ensure consistency and transparency in the use of Sharia-compliant labels. By bridging the gap between branding and practice, Sharia-compliant hotels can enhance their credibility and contribute to sustainable growth of halal tourism in Indonesia
Child Passenger Safety in Indonesia: An Analysis of the Need for Specific Seat Belt Regulations
Full text linkCurrent Indonesian road safety laws, particularly Law No. 22 of 2009 on Traffic and Road Transport, lack specific provisions for the use of child restraint systems, which significantly reduces child passenger safety. Unlike many developed countries with strict regulations that mandate child-specific safety equipment, Indonesian regulations currently mandate only standard seatbelts designed for adults. This inadequacy poses a substantial risk to children because of their physical vulnerability. This study examines the urgency of specific regulations regarding child safety restraints for child passengers in Indonesia. This research employs a normative legal approach to analyze Indonesia's existing legislation alongside international practices. The findings underscore those countries such as the United States, the United Kingdom, and Australia have effectively lowered child accident rates through mandatory child safety restraints and public awareness campaigns. The study concludes that adopting similar practices in Indonesia could enhance child passenger safety, reduce injury rates, and improve overall road safety for young passengers. The implementation of specific child restraint laws and public awareness initiatives are recommended to ensure comprehensive legal protection for child passengers in Indonesia
Establishing A Personal Data Protection Agency for E-Commerce in Indonesia: Legal Framework and Implementation Challenges
Full text linkThe rapid growth of e-commerce in Indonesia has led to a significant increase in the collection and processing of personal data, raising concerns regarding data security and privacy rights. This study analyzes the urgency of establishing a Personal Data Protection Agency (LPDP) specifically for e-commerce users in Indonesia, considering the increasing risks to personal data in the digital marketplace. This research focuses on addressing the limitations of the current legal framework, particularly the gaps in the Indonesian Personal Data Protection Law (UU No. 27 of 2022), and proposes an independent body with clear authority to regulate, monitor, and enforce data protection standards. This study employs a qualitative approach using normative legal analysis to evaluate existing regulations and assess the evolving needs of the e-commerce sector. The findings suggest that the absence of detailed implementation regulations and lack of a specific regulatory body create significant legal uncertainties, exposing users to potential data breaches. Establishing the LPDP is expected to strengthen data protection measures, enhance consumer trust, and provide legal certainty in Indonesia's digital economy. The proposed structure of the LPDP includes directorates for policy and regulation, supervision and audits, law enforcement, and public education and awareness. The implementation of effective personal data protection policies requires a comprehensive and coordinated approach, with the LPDP having sufficient authority and resources to perform its duties. This study highlights the importance of establishing an independent regulatory body to ensure the protection of personal data and privacy rights in Indonesia's rapidly expanding e-commerce sector