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

• Published in: Syariah: Jurnal Hukum dan Pemikiran
• Main Author: Anand G.; Purnamawadita B.E.; Nugraha X.; Rahmat N.E.
• Format: Article
• Language: English
• Published: State Islamic University Antasari 2024
• Online Access: https://www.scopus.com/inward/record.uri?eid=2-s2.0-85215440518&doi=10.18592%2fsjhp.v24i2.14334&partnerID=40&md5=60e15a0d6c0c7f8c7860b3fc882f5137

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. © 2024, State Islamic University Antasari. All rights reserved.