Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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Crypto Currency Investment from an Islamic Law Perspective: An Overview of Guidelines and Considerations
Full text linkThis study seeks to offer an in-depth examination of cryptocurrency investments through the lens of Islamic law, with particular emphasis on assessing the Shariah compatibility of widely used digital assets such as Bitcoin and Ethereum. The novelty of this research lies in its systematic exploration of key issues such as the speculative nature, intrinsic value, and potential for financial harm (gharar) associated with cryptocurrencies. This study adopts a qualitative approach, drawing upon primary sources of Islamic jurisprudence namely the Quran, Hadith, and classical scholarly interpretations while also incorporating contemporary fatwas, insights from prominent Islamic finance scholars, and expert interviews to inform the analysis. The results highlight divergent viewpoints on the permissibility of cryptocurrency investments, with some scholars asserting their compliance under specific conditions, while others deem them non-compliant due to risks of speculation and uncertainty. The study concludes by proposing a set of actionable guidelines for Muslim investors, underscoring the significance of grasping the intricacies of Shariah principles in cryptocurrency investments and highlighting the necessity for continuous scholarly engagement in this evolving domain
Reformulating the Reversal of the Burden of Proof in Corruption Cases: Integrating Positive Law and Islamic Legal Principles
Full text linkCorruption, as an extraordinary crime, necessitates the application of a reversed burden of proof mechanism. However, its procedural implementation remains problematic and potentially infringes upon the rights of the accused. The urgency of this study lies in the need for a balanced legal reformulation, one that strengthens the effectiveness of anti-corruption efforts while upholding the Islamic conception of justice, particularly the principle of ḥifẓ al-māl (protection of wealth) as an essential element of maqāṣid al-syarī‘ah. This research analyzes theories of criminal evidence, the presumption of innocence, and the balanced probability principle, and further compares them with legal practices in other jurisdictions. The study employs a normative-juridical method combined with statutory, case, comparative, sociological, and futuristic approaches. Primary, secondary, and tertiary legal materials are examined through deductive and inductive reasoning. The findings reveal the necessity of legal reconstruction of Article 37 of the Anti-Corruption Law and Article 77 of the Anti-Money Laundering Law to address legal gaps and to provide procedural guidelines for the application of the reversed burden of proof by prosecutors, defendants, and judges. The existing mechanism lacks standardized evidentiary parameters, resulting in an imbalance between the prosecution and the defense. Instruments such as the State Officials’ Wealth Report (LHKPN) have the potential to strengthen evidentiary processes, yet remain underutilized. Therefore, a legal reformulation is required to establish clear procedural guidelines that integrate the balanced probability principle with the values of maqāṣid al-syarī‘ah. The study recommends revising the Anti-Corruption Law, synchronizing it with the new Criminal Code, and enhancing justice- and welfare-oriented legal instruments
Inheritance in the Mandailing Community: Value Changes from a Legal Culture Perspective
Full text linkThis study explores the concept of marbagi dos in relation to the changing inheritance practices of the Mandailing community, viewed through the lens of legal culture. Marbagi dos, which literally means equal in the Mandailing indigenous people, has traditionally had a very important social dimension and equality. The type of research methodology used in this study is qualitative with a descriptive approach. The research data was obtained through interview techniques and participatory observation. In-depth interviews will be carried out with traditional leaders, scholars, and community members who play a direct role in the inheritance process. Using a legal culture approach, this study analyzes how the changes in values in Mandailing society are influenced by Islam which has implications for changes in inheritance practices in Mandailing, as well as how the community balances customary traditions with modern equality demands. The results of the study show that this inheritance transformation is a reflection of the adaptation of the Mandailing people to social changes, while maintaining cultural values within the framework of customary law. The implications of this study suggest that customary law is dynamic and capable of adapting to Islamic law and state law, highlighting the need for synergy between these three legal systems in crafting more inclusive policies
Legal Politics of Restricting Access to Online Gambling in Fiqh Siyasah and Saddu adz-Dzariah Perspectives
Full text linkThis research examines how online gambling poses serious threats to the stability and cohesion of family life. Regardless of the individuals involved, its influence often results in psychological harm such as addiction, job loss, family breakdown, indebtedness, and even criminal behavior. These issues call for in-depth examination through normative legal methods combined with real-time case studies, highlighting online gambling as a current and pressing legal issue. This study employs the framework of fiqh siyasah alongside the principle of saddu adz-dzari\u27ah to guide its analysis. From a legal-political perspective, some argue that Indonesia could legalize online gambling to increase state revenue through entertainment taxes. However, this perspective contradicts the principles of siyasah maaliyah within fiqh siyasah, which emphasizes that state income should align with both worldly and spiritual welfare. Accordingly, siyasah dusturiyah underscores the importance of preventing the potential harms (mafsadat) associated with online gambling, in line with the principle of saddu adz-dzari\u27ah, to protect the integrity of families in Indonesia
Non-compliance in the Distribution and Management of Zakat: An Islamic Legal Perspective
Full text linkThis study investigates the operations of unlicensed zakat institutions, with particular attention to problems such as the absence of accountable reporting, the misallocation of zakat funds away from legitimate beneficiaries (mustahik), and the emergence of fraudulent claimants (jockeys). This study adopts a qualitative approach with an exploratory design to understand the phenomenon of zakat institutions\u27 non-compliance with sharia principles, particularly in the context of legality and governance. The findings reveal structural and operational shortcomings contributing to non-compliance and misalignment with existing policies. The study advocates a shift in research orientation from predominantly ritualistic dimensions toward justice-oriented and religiously humanist policy frameworks. It emphasizes the need to prioritize equitable distribution over technocratic classifications of mustahik while resisting communal or political domination, particularly in political networks. The politicization of zakat, particularly in the context of the 2024 election, has undermined its spiritual and social objectives. Ensuring compliance with sharī‘ah principles is therefore crucial for establishing legal certainty, strengthening public trust, and enabling zakat to realize its full potential as a transformative instrument for community empowerment in Indonesia
Distorted Meanings, Misplaced Justice: A Socio-Legal Approach of the Delegitimization of Domestic Violence Law in Pekalongan, Indonesia
Full text linkDomestic violence remains a persistent social problem in Indonesia despite the enactment of the Law on the Elimination of Domestic Violence (Law No. 23/2004). The persistent discrepancy between legal norms and their enforcement, evidenced by low reporting levels and reliance on non-legal dispute resolution, signals a crisis of legal legitimacy. This study aims to identify public meaning distortions regarding domestic violence in Pekalongan, Central Java Indonesia and analyze their implications for the delegitimization of the law. Employing a socio-legal approach, data were collected through interviews, observations, and questionnaires involving 50 informants in Pekalongan. The findings identify four principal forms of distortion: domestic violence is perceived as a private family matter (38%), a means of discipline or instruction (20%), a source of social disgrace (18%), or an act that is not considered criminal (14%). Only 10% of informants defined it as a legal crime. Consequently, respondents preferred family mediation (34%) or divorce (26%) over court proceedings (10%). Symbolic Interactionism analysis reveals that social interactions prioritize symbols of family harmony and honor over victims\u27 rights, diverting cases from the judicial system. Viewed through the perspective of Symbolic Interactionism, the study finds that social interactions often prioritize family harmony and social honor over the rights of victims, which ultimately diverts cases from the formal justice system. The study concludes that legal ineffectiveness stems from deep semiotic conflicts, underscoring the need to reconstruct public meanings to align domestic violence with criminal justice principles
The Integration of Islamic Family Law into Muslim Community Education in Japan: Socio-Cultural Dynamics in a Minority Context
Full text linkThis study investigates the dynamics of integrating Islamic Family Law (Fiqh al-Usrah) into Muslim community education within minority contexts in contemporary Japan. Positioned in the interdisciplinary intersection of Islamic Education Studies and Islamic Legal Studies, it explores how legal and ethical principles of Islamic family life are transmitted amid public misconceptions of Islam, linguistic and cultural barriers, and differing levels of individual religious commitment. Using a socio-legal qualitative design with thematic analytical techniques, the research draws on primary data obtained through interviews, observations, and documentation of Muslim community activities, complemented by secondary scholarly sources. Fieldwork was conducted in Tokyo and Ibaraki between July and August 2024, involving Japanese converts, migrant Muslim families, and mosque administrators. Thematic analysis reveals two dominant patterns: first, families who experience positive religious transformation through strong community engagement; and second, those whose Islamic identity weakens due to secular environments and cultural pressures. The integration process is supported by individual agency, the active role of mosques and Muslim organizations, and culturally embedded religious expression, including arts-based initiatives. Conversely, limited access to formal Islamic education and the socio-cultural dominance of the non-Muslim majority remain persistent challenges. This study contributes to scholarly discourse on the contextual integration of Islamic law and education in minority contexts. It underscores the importance of systematic, community-based strategies to strengthen Islamic family identity and enhance Muslim minorities\u27 constructive participation in Japanese society
Application of the Principles of Islamic Civil Law in Small and Medium Business Partnerships
Full text linkPartnerships in Small and Medium Enterprises (SMEs) in Indonesia often encounter challenges in adhering to Islamic principles such as syirkah (partnership), justice, transparency, and social responsibility. Therefore, there needs to be a commitment from the government, financial institutions and business actors to encourage the implementation of Islamic law values in business practices. This study aims to find solutions in implementing these principles in Small and Medium Enterprise partnerships in Indonesia. The methods employed include a qualitative approach, utilizing in-depth interviews and case studies to gain a deeper understanding of current practices and the challenges faced. The research results show that although Islamic legal principles have great potential to form fair and sustainable partnerships, their implementation is often not optimal. The principles of syirkah are often not applied fairly, justice in the distribution of profits is often hampered by power, transparency is often ignored, and social responsibility is often given little attention. The conclusion of this research is that to increase the application of Islamic legal principles in Small and Medium Enterprise partnerships, greater efforts are needed in regulatory reform, increased education, and support from sharia financial institutions. This approach aims to promote fairer and more sustainable business practices while ensuring that the principles of Islamic law are effectively implemented within the context of Small and Medium Enterprise partnerships
Legal Challenges of Asset Misappropriation in the Digital Era
Full text linkThe growing challenges of addressing asset misappropriation in Indonesia\u27s digital era highlight the need for a thorough examination of the existing legal framework to assess its effectiveness and adaptability. This paper examines legal challenges of digital asset misappropriation in Indonesia. It explores the legal implications of asset misappropriation as a crime within the context of digital technology, analyzing current Indonesian legislation\u27s adequacy in addressing these issues. Employing a normative legal research method and statutory approach, this research investigates relevant laws and regulations in Indonesia that can be used to criminalize asset misappropriation. In addition, this study employs a case approach by analyzing court decisions related to asset misappropriation, providing practical insights into how the legal framework is applied in real-world scenarios. Key findings suggest that while current Indonesian legislation addresses various aspects of asset misappropriation, it lacks specific provisions for the digital context. This gap necessitates a more holistic legal approach that integrates both traditional and digital environments, while also acknowledging the legal implications on digital aspects, namely data as the center of focus. Recognizing asset misappropriation as a distinct criminal offense can serve as a foundational step in criminalization efforts. This approach can then be integrated with existing legal provisions relevant to the digital environment, allowing perpetrators to be prosecuted under multiple dimensions of Indonesia\u27s legal framework for more comprehensive enforcement
The Resilience of Blind Families in Building a Sakinah Family: Adaptive Strategies and the Role of Islamic Values
Full text linkThis study examines how blind couples in Manado, Indonesia, cultivate a sakinah family life that is serene and harmonious despite visual impairment. Using a qualitative case study design, the research engaged four married couples with varying degrees of blindness through semi-structured interviews, non-intrusive observation of daily routines, and brief document reviews. Reflexive thematic analysis identified three interlocking processes of family resilience that anchor these households: (1) meaning making, in which Islamic virtues such as ṣabr (patience), shukr (gratitude), and tawakkul (trust in God) regulate emotion, guide decisions, and sustain hope; (2) communication, marked by de escalation strategies, turn-taking when one spouse is upset, and the creative use of auditory and tactile cues for coordination; and (3) organization, featuring adaptive role-sharing based on actual capacity and health rather than rigid gender prescriptions. Surrounding these processes is a multilayered social infrastructure of support that ranges from kin and neighbors to mosque communities and disability organizations, supplemented by voice-based technologies and informal income strategies. This article presents an operational mapping of sakinah indicators to observable family outcomes, clarifies how paid versus unpaid proximal assistance functions in practice, and shows how faith-informed coping integrates with disability-inclusive support. Policy implications include designing family programs that are both disability-aware and religion sensitive, strengthening local networks that enable independent living, and recognizing flexible caregiving arrangements within households headed by persons with disabilities