HISAM AHYANI

Scopus Publications

Divergent Jurisprudential Paradigms of Productive Zakat: A Madhhab-Based Comparative Study of Legal Reasoning in LAZISNU and LAZISMU
Ending Solehudin, Idzam Fautanu, Hisam Ahyani, Mowafg Masuwd
Mazahibuna Jurnal Perbandingan Mazhab, 2026
This study examines productive zakat not merely as a managerial instrument for economic empowerment, but as a manifestation of contemporary Islamic legal ijtihād (independent legal reasoning) shaped by divergent jurisprudential paradigms. Situated within the framework of comparative madhhab studies, this research analyzes how differences in legal reasoning between LAZISNU—rooted in the Shāfiʿī legal tradition—and LAZISMU—characterized by a reformist approach grounded in tajdīd (renewal) and tarjīḥ (legal preference)—influence the formulation and implementation of productive zakat practices in Indonesia. Employing a qualitative juridical-empirical method, the study draws on in-depth interviews with zakat administrators and institutional documents from LAZISNU and LAZISMU operating in Java and Bali. The findings reveal that the transformation of zakat from consumptive distribution to productive utilization is legitimized through distinct modes of istidlāl (legal reasoning or inferential deduction), wherein LAZISNU emphasizes adherence to authoritative Shāfiʿī doctrines, particularly concerning the principle of tamlīk (transfer of ownership to beneficiaries), while LAZISMU adopts a more flexible form of ijtihād that prioritizes maqāṣid al-sharīʿah (the higher objectives of Islamic law) and socio-economic outcomes. This divergence reflects an ongoing dialectic within contemporary Islamic legal thought regarding the boundaries of zakat utilization. By integrating empirical practices with cross-madhhab legal analysis, this study contributes to the development of comparative fiqh al-zakāt (Islamic jurisprudence of zakat) and demonstrates how modern philanthropic institutions negotiate classical legal doctrines within heterogeneous socio-legal contexts such as Java and Bali.
STRENGTHENING HALAL TOURISM GOVERNANCE IN PEKALONGAN: A Maqāṣid-Based Collaborative Governance Framework within Siyasah Dusturiyah
Mustofa Mustofa, Agus Supriadi, Muhamad Buchori, Saepudin Saepudin, Muhammad Muzakkir, Ihwanul Muadib, Hisam Ahyani, Salisu Muhammad Gumel
Al Risalah Forum Kajian Hukum Dan Sosial Kemasyarakatan, 2026
The rapid growth of halal tourism has generated increasing global attention toward governance models that integrate religious values with sustainable and accountable public policy frameworks. As Muslim-friendly tourism expands across diverse jurisdictions, regulatory implementation often faces structural, institutional, and coordination challenges. In Indonesia, the Central Java Governor Regulation No. 40 of 2023 on Muslim-Friendly Tourism seeks to regulate halal services, worship facilities, and information transparency to accommodate Muslim travelers. This study evaluates the implementation of this regulation in Pekalongan City using a juridical-empirical approach. Data were collected through 12 in-depth interviews with key stakeholders, including tourism actors, religious leaders, and government officials, complemented by field observations. The findings reveal that although the regulation formally reflects Islamic legal values, particularly maq??id al-shar?‘ah, its implementation remains suboptimal due to weak inter-agency coordination, limited public literacy, and the absence of measurable evaluation indicators. This study proposes a Maq??id-based collaborative governance model that integrates Islamic legal objectives, consumer protection principles, and cross-sectoral coordination mechanisms. The model contributes to the broader discourse on halal tourism governance by offering an analytically grounded framework for strengthening accountability, stakeholder collaboration, and policy sustainability in Muslim-friendly tourism regulation.
Contextualizing Maqāṣid al-Sharī‘ah in Indigenous Legal Practices: A Comparative Study of Family Resilience in Kasepuhan Ciptagelar and Kampung Naga
Opik Rozikin, Oyo Sunaryo Mukhlas, Aden Rosadi, Ine Fauzia, Muharir Muharir, et al.
Nurani, 2025
Strengthening the normative foundation and maqāṣid orientation of Indonesia’s religious court system allows it to render fair judgments for the parties while safeguarding the future of children. While Islamic family law is often studied normatively, limited attention is given to its lived application in plural legal settings. Using a descriptive qualitative approach with socio-legal and phenomenological methods, data were collected through purposive sampling of 20 participants, including traditional leaders, religious figures, and village officials. Field observations and the analysis of local documents, including customary manuscripts, sermons, and marriage records, serve to complement the data. The findings reveal that family resilience emerges from a dynamic interplay between Islamic and customary norms, particularly in areas like inheritance, marriage, and gender roles. Integration of maqāṣid al-sharī‘ah occurs through contextual reinterpretation aligned with communal structures and values. Differences between the communities are notable in the role of traditional authority, the interpretation of qiwāmah, and dispute resolution mechanisms. This study contributes to the discourse on Islamic legal pluralism by presenting a contextual model of normative integration. It highlights the potential of a culturally grounded and adaptive Islamic legal framework to strengthen sustainable family systems across diverse local contexts.
The role of sharia law in promoting social justice and sustainable development in southeast Asia
Hisam Ahyani, Ending Solehudin, Naeli Mutmainah, Nurul Ilyana binti Muhd Adnan, Yogi Triswandan, Aini Nurun Nazhifah, Miftakhul Huda, Moh. Syarif Hidayat, Dian Permana
Routledge Handbook of Islamic Economics and Finance, 2025
This study uses a qualitative approach and case study methodology to assess online gambling regulations in Indonesia and Malaysia. It gathers data through literature reviews, document analysis, and interviews with experts and officials to evaluate regulatory effectiveness and challenges. The research focuses on how incorporating sharia law into online gambling regulation can enhance societal welfare and support Sustainable Development Goals (SDGs). With online gambling expanding rapidly, effective regulation is crucial to protect society from its negative impacts. The paper investigates sharia law as an alternative regulatory approach, emphasizing social justice and harm reduction. In Indonesia, gambling is largely banned under national and sharia laws, though enforcement is inconsistent. Malaysia faces ongoing issues with illegal online gambling despite strict regulations and sharia enforcement in some states. Sharia law, which prohibits gambling due to its perceived societal harm, offers a comprehensive framework that emphasizes justice and social protection. The study finds that sharia law could strengthen online gambling regulations in a more equitable and transparent manner, reducing gambling’s adverse effects. The research highlights that applying sharia principles can contribute to several SDGs, such as SDG 1 (No Poverty), SDG 3 (Good Health and Well-being), and SDG 8 (Decent Work and Economic Growth). Effective regulation can mitigate poverty risks from gambling losses, improve public health, and foster economic stability. Overall, integrating sharia law into online gambling regulations provides a viable solution to counteract negative impacts, requiring consistent enforcement and an inclusive approach to social and economic changes to enhance community well-being in both countries.
Reversed Burden of Proof in Online Gambling Fraud: Consumer Protection Based on Islamic Law in West Java
Kukun Abdul Syakur Munawar, Hisam Ahyani, Abdul Rahim, Ali Mutakin, Md Yazid Ahmad
Jurnal Hukum Bisnis Bonum Commune, 2025
The widespread practice of online gambling in West Java has led to an increase in digital fraud cases causing significant consumer losses. Common schemes involve fictitious investment programs and fake prize offers that victims find difficult to prove directly. In this context, the application of the reversed burden of proof serves as a strategic criminal law policy to strengthen the position of victims before the law. This study examines the effectiveness of the reversed burden of proof in handling online gambling fraud cases, while exploring the role of Islamic legal principles—such as zakat and social justice—in expanding consumer protection. Using normative juridical and conceptual approaches, the study analyzes the Indonesian positive legal framework and its potential integration with Islamic legal mechanisms. The findings indicate that reversing the burden of proof can reduce evidentiary obstacles during judicial processes, while Islamic law adds a socio-economic dimension that complements the penal aspect. This study recommends an integrated legal reform that not only emphasizes sanctions but also reinforces substantive justice and comprehensive victim protection.
Legal Protection for Private Lecturers: Addressing Sub-Minimum Wage Challenges in West Java
Hisam Ahyani, Naelul Azmi, Sérgio Lousada, Agus Yosep Abduloh, Miftakhul Huda
Jurnal Media Hukum, 2025
Private lecturers in Indonesia play a crucial role in higher education; however, they face significant welfare issues, particularly concerning salaries that often fall below the Regional Minimum Wage (UMK). This study aims to identify the challenges faced by private lecturers in West Java related to inadequate salaries and offer recommendations for improvement. Using a qualitative research approach, the study interviews private lecturers and analyzes employment agreements from several private universities. It also examines relevant laws and regulations, including Law Number 14 of 2005 on Teachers and Lecturers, Government Regulation Number 37 of 2009 on Lecturers, Law Number 30 of 2014 on Government Administration, and Law Number 13 of 2003 on Manpower. The findings reveal that, despite formal employment agreements, many lecturers earn less than the UMK, negatively impacting their welfare. Contributing factors include a lengthy certification process, inadequate social security, and the lack of academic ranks for many permanent lecturers. Many private lecturers are not registered with the social security program (BPJS). This study concludes that salaries below the UMK create injustice and undermine the teaching profession. Strengthening employment contracts, clarifying rights and obligations, and raising awareness about lecturers' rights are essential for improving their welfare.
Fraud in the Digital Space: A Comparative Study of Jinayah Fiqh and Indonesian Criminal Law
Hisam Ahyani, Parhan Parhan, Muhtolib Muhtolib, Ahmad Berizi, Nurhasana Nurhasana, et al.
Jurnal Hukum Islam, 2025
The development of digital technology has opened the door to various forms of digital crime, including schemes involving fictitious job offers, illegal crypto investments and fake refunds that financially harm victims and potentially lead to money laundering offenses. This article examines digital fraud in Indonesia by comparing Islamic criminal law (Fiqh Jinayah) with Indonesian positive law. This normative juridical research employs statutory, conceptual, comparative, and case study approaches. The findings reveal that the “Remote Mining Network” case illustrates how perpetrators exploit digital anonymity to evade legal oversight. Such practices violate Islamic legal norms, including the prohibitions against gharar (uncertainty) and tadlis (deception), which align with the elements of fraud as defined in the Indonesian Penal Code and the Law on Electronic Information and Transactions. The article concludes that both Islamic and national criminal law aim to protect public interests and individual property rights (hifz al-mal). This study contributes to the development of contemporary fiqh jinayah, while also supporting efforts to enhance legal literacy and protect Muslim communities from the risks of digital crime, in accordance with the principle of hifz al-mal within the framework of maqaṣid al-shari‘ah.
The Dynamics of the Fatwa on the Prohibition of Interfaith Greetings: Maqasid al-Shariah and its Implications for Multicultural Families In Indonesia
Encep Taufik Rahman, Muharir Muharir, Hisam Ahyani, Nurul Ilyana Muhd Adnan
Justicia Islamica, 2025
The fatwa issued by the Indonesian Ulema Council (MUI) on the prohibition of interfaith greetings by Muslims has triggered significant discourse in the context of Indonesia's religiously and culturally plural society. This research aims to analyze the theological basis of the fatwa and its socio-cultural implications, especially in the context of multicultural families, through the maqasid syariah approach. Using a qualitative method based on content analysis, this research examines fatwa documents and related literature that discuss Islamic legal theory and interfaith social dynamics. The results show a tension between the principle of hifz al-din (protection of religion) and the goals of adl (justice) and maslahah (public welfare), especially since the implementation of this fatwa has the potential to cause emotional tension, social fragmentation, and decreased cohesion in interfaith families and communities. This study confirms that a normative and rigid theological approach, if it does not consider socio-cultural realities, can hinder efforts to build interfaith harmony. Therefore, a contextual and dialogical approach is needed in the stipulation of fatwas so that they are in line with the lived experience of Muslims in pluralistic societies. These findings provide conceptual and practical contributions to the development of Islamic fiqh that is more inclusive and adaptive to social diversity in Indonesia.
Islamic Legal Hermeneutics on Riba in Digital Banking: Contextualizing Imam al-Qurṭubī’s Exegesis of Qur’an 2:275
Muharir Muharir, Irfan Kuncoro, Agus Yosep Abduloh, Ulummudin Ulummudin, Hisam Ahyani
Jurnal Ilmiah Mizani, 2025
This study explores the application of riba (interest-based transactions) within the context of digital banking, with a specific focus on the BRImo application developed by Bank Rakyat Indonesia (BRI). Using a hermeneutic approach, it examines Imam Al-Qurthubi’s classical tafsir on Surah Al-Baqarah verse 275 to contextualize Islamic legal principles in contemporary financial practices. The research adopts a qualitative-descriptive method to analyze textual interpretations of riba while also identifying the ethical, social, and economic implications of these interpretations in digital financial systems. Findings indicate that Imam Al-Qurthubi strongly opposes riba as a form of financial exploitation, a stance that remains relevant in evaluating modern digital banking operations. Moreover, the study discusses how BRImo’s integrated social finance features—such as zakat and infaq services—represent an effort to align digital banking with Islamic ethical values. While this article provides a theoretical framework through classical tafsir, it also underscores the need for further empirical investigation and comparative analysis with other scholarly interpretations to enhance the practical applicability of non-riba models in digital finance. This research contributes to the discourse on contextualized Islamic law by bridging classical legal thought with emerging financial technologies, offering insight into how Islamic jurisprudence can inform the development of ethical, Shari’ah-compliant digital banking system
Learning from Malaysia's Progressive Islamic Law Framework on Online Gambling: Insights for Indonesia
Ending Solehudin, Mustopa, Muhammad Mudzakkir, Saepudin, Hisam Ahyani
Al Ihkam Jurnal Hukum Dan Pranata Sosial, 2025
Online gambling has become a rapidly growing issue, leading to financial losses and mental health challenges. In Malaysia, online gambling is regulated under progressive Islamic law which focuses on social justice, while Indonesia struggles with weak enforcement despite existing regulations. This study discusses three main parts: first, current online gambling regulation in Indonesia and Malaysia; second, Malaysia’s progressive legal experience as a blueprint for Indonesia; and third, social justice and SDGs-based online gambling regulation for Muslim-majority countries. A qualitative approach, including case studies, in-depth interviews with legal experts, and document analysis in both countries, was employed. The findings show that Malaysia’s implementation of progressive Islamic law has been effective in managing online gambling, promoting social justice, and reducing financial and mental health impacts. In contrast, weak law enforcement in Indonesia exacerbates the social issues related to online gambling. The research concludes that Malaysia’s approach has successfully regulated online gambling and supported SDG achievement. Therefore, Indonesia should consider adopting more progressive Islamic legal principles to enhance law enforcement and reduce the social harms of online gambling.
Development of Waqf-Based Halal Tourism in Indonesia: A Case Study of Teras Lembang, West Java
Hisam Ahyani, Doddy Afandi Firdaus, Muhamad Buchori, Muhammad Mudzakkir, Ihwanul Muadib, Muhammad Safdar Bhatti
Mazahib Jurnal Pemikiran Hukum Islam, 2025
Strengthening Zakat Regulation through the Siyāsah Māliyah Approach: A Constitutional and Legal Analysis of Indonesia and Malaysia
Mustofa Mustofa, Hisam Ahyani, Doddy Afandi Firdaus, Haris Maiza Putra, Arwansyah Bin Kirin, Zakiyyu Muhammad
Juris Jurnal Ilmiah Syariah, 2025
DIGITAL INTEGRATION IN MOSQUE ARCHITECTURE: QRIS, VISITOR EXPERIENCE, AND CULTURAL HERITAGE PRESERVATION IN INDONESIA
Haris Maiza Putra, Aji Sofanudin, Hisam Ahyani, Mhd Handika Surbakti, Adang Sonjaya, Dwi Martiningsih, Raudatul Ulum, Nangkula Utaberta
Journal of Islamic Architecture, 2025
Social Justice in the Welfare of Private Lecturers: A Legal Review of Salaries, Certification, and BPJS Ketenagakerjaan in Indonesia
Arifuddin Muda Harahap, Hisam Ahyani, Miftakhul Huda, Naeli Mutmainah, Naelul Azmi, Sérgio António Neves Lousada
Jurnal Ius Kajian Hukum Dan Keadilan, 2024
Transformation of Shariah Economic Justice: Ethical and Utility Perspectives in the framework of Maqashid Shariah
Miftakhul Huda, Hisam Ahyani
Al Risalah Forum Kajian Hukum Dan Sosial Kemasyarakatan, 2024
LEGAL COMPLIANCE ON SHARIA ECONOMICS IN HALAL TOURISM REGULATIONS
Ending Solehudin, Hisam Ahyani
Petita Jurnal Kajian Ilmu Hukum Dan Syariah, 2024
The Prohibition of Social E-Commerce on TikTok Shop: A Fiqh Examination Based on Sharia Compliance and Economic Justice
Nanang Naisabur, Haris Maiza Putra, Hisam Ahyani, Dwi Novita, Pat Kurniati
Al Manahij Jurnal Kajian Hukum Islam, 2024
Study on Sharia Compliance Principles in Halal Tourism Business in Bandung Regency: An Implementation of Islamic Business Ethics Principles (Professional Ethics)
Ending Solehudin, Hisam Ahyani, Haris Maiza Putra
Millah Journal of Religious Studies, 2024
Birrul Walidain in Political Preferences: Harmonizing Family Values and Employment Law in Indonesia
Hisam Ahyani, Haris Maiza Putra, Aji Sofanudin
El Usrah, 2024
LEGAL FOUNDATIONS FOR INCLUSIVE HALAL TOURISM IN WEST JAVA: BETWEEN CONSTITUTIONAL PRINCIPLES AND PRACTICAL CHALLENGES
Imron Hamzah, Hisam Ahyani, Naelul Azmi, Indra Utama Tanjung, Sérgio António Neves Lousada
Syariah Jurnal Hukum Dan Pemikiran, 2024
Islamic Philanthropy in Modern Context
Nanang Naisabur, Haris Maiza Putra, Chikal Anugrah Putra Naisabur, Diana Farid, Hisam Ahyani
Al Muamalat, 2023
Reconstruction of the Practice of Siyasa Syar'iyyah During the Islamic Empire's Relevance to the Practice of Sharia Financing CWLS Retail in Indonesia
Haris Maiza Putra, Hisam Ahyani, Nanang Naisabur, Muharir Muharir, Chikal Anugrah Putra Naisabur
Al Istinbath Jurnal Hukum Islam, 2023
GENDER JUSTICE IN THE SHARING OF INHERITANCE AND IMPLEMENTATION IN INDONESIA
Asy Syari Ah, 2022
Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia
Haris Maiza Putra, Hisam Ahyani
Jurnal Ilmiah Al Syir Ah, 2022
Building the Values of Rahmatan Lil 'Alamin for Indonesian Economic Development at 4.0 Era from the Perspective of Philosophy and Islamic Economic Law
Hisam Ahyani, Memet Slamet, Tobroni
Al Ihkam Jurnal Hukum Dan Pranata Sosial, 2021

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