INTEGRATING SHARIA CERTIFICATION IN THE NOTARY PROFESSION: A COMPARATIVE LEGAL ANALYSIS, CHALLENGES, AND OPPORTUNITIES IN SOUTHEAST ASIAN COUNTRIES

Ghansham Anand, Baiq Elma Purnamawadita, Xavier Nugraha, Nur Ezan Rahmat

Research output: Contribution to journalArticlepeer-review

Abstract

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.

Original languageEnglish
Pages (from-to)271-284
Number of pages14
JournalSyariah: Jurnal Hukum dan Pemikiran
Volume24
Issue number2
DOIs
Publication statusPublished - 2024

Keywords

  • Notary
  • Sharia Certification
  • Sharia Law
  • Southeast Asian

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