TY - JOUR
T1 - INTEGRATING SHARIA CERTIFICATION IN THE NOTARY PROFESSION
T2 - A COMPARATIVE LEGAL ANALYSIS, CHALLENGES, AND OPPORTUNITIES IN SOUTHEAST ASIAN COUNTRIES
AU - Anand, Ghansham
AU - Purnamawadita, Baiq Elma
AU - Nugraha, Xavier
AU - Rahmat, Nur Ezan
N1 - Publisher Copyright:
© 2024, State Islamic University Antasari. All rights reserved.
PY - 2024
Y1 - 2024
N2 - 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 based on the Qur'an and Sunnah. A notary is an authorized 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 which these days still does not have any standard, either regionally nor internationally. Meanwhile, the notary should understand the rules and principles of Islamic law in making Sharia deeds. Using a normative juridical approach, it highlights the need for standardization in Sharia-compliant deeds, discusses the challenges of implementing certification across different legal systems, and proposes models for effective integration. This serves as a crucial tool for achieving legal unification in the creation of Sharia deeds on a cross-border scale through Shariah certification that can enhance legal certainty under Islamic law. Accordingly, the recommendation for this issue are an institutional training and a framework for cooperation among ASEAN countries.
AB - 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 based on the Qur'an and Sunnah. A notary is an authorized 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 which these days still does not have any standard, either regionally nor internationally. Meanwhile, the notary should understand the rules and principles of Islamic law in making Sharia deeds. Using a normative juridical approach, it highlights the need for standardization in Sharia-compliant deeds, discusses the challenges of implementing certification across different legal systems, and proposes models for effective integration. This serves as a crucial tool for achieving legal unification in the creation of Sharia deeds on a cross-border scale through Shariah certification that can enhance legal certainty under Islamic law. Accordingly, the recommendation for this issue are an institutional training and a framework for cooperation among ASEAN countries.
KW - Notary
KW - Sharia Certification
KW - Sharia Law
KW - Southeast Asian
UR - http://www.scopus.com/inward/record.url?scp=85215440518&partnerID=8YFLogxK
U2 - 10.18592/sjhp.v24i2.14334
DO - 10.18592/sjhp.v24i2.14334
M3 - Article
AN - SCOPUS:85215440518
SN - 1412-6303
VL - 24
SP - 271
EP - 284
JO - Syariah: Jurnal Hukum dan Pemikiran
JF - Syariah: Jurnal Hukum dan Pemikiran
IS - 2
ER -