Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu
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Reforming Islamic Family Law: The Relevance of Ibn Qayyim al-Jawziyyah's Concept of Legal Change
Ibn Qayyim al-Jawziyyah's concept of legal change—asserting that Islamic law can evolve in response to variations in place, time, conditions, motives, and customs—offers a foundational framework for contemporary Islamic legal thought. This principle provides significant theoretical support for the ongoing renewal of Islamic family law. This study aims to critically examine the implementation of Ibn Qayyim's legal change theory in the reform of Islamic family law to meet the demands of modern social contexts. Using a library research method and a doctrinal-deductive approach, this study analyzes classical and contemporary texts to extract relevant insights. Data collection was conducted through document analysis, and triangulation of sources was employed for validation. The findings reveal that Ibn Qayyim's theory is not only relevant but essential to the dynamic nature of Islamic family law, particularly in responding to social transformations and preventing legal stagnation. His approach enables the contextualization of legal rulings, thereby aligning them with contemporary realities without detaching from Islamic legal principles. The study contributes to the discourse on Islamic legal reform by offering a normative-empirical argument for adapting Islamic family law to changing societal needs. It underscores the legitimacy of legal flexibility within Islamic jurisprudence and advocates for a responsive, contextualized approach to lawmaking. By grounding reform in social reality, this study affirms that differences and changes in Islamic family law are not only inevitable but also necessary for its continued relevance and justice in the modern world.
Copyright (c) 2025 Ayu Sari Ningsih, Nawa Angkasa, Nency Dela Oktora, Sakirman, Nyimas Lidya Putri Pertiwi, Ananto Triwibowo http://creativecommons.org/licenses/by-sa/4.0
Gender Justice in the Concept of Iddah: A Contextual Reading of Al-Kasani’s Thought for Working Women in Indonesia
The concept of iddah in Islam is a fundamental aspect of family law, serving as a transitional period for women following divorce or the death of a husband. However, modern social and economic developments have led to an increasing number of women pursuing careers, raising questions about the relevance of iddah regulations in contemporary contexts. This study aims to analyze the concept of iddah for Working Women based on the thoughts of Imam Ala’uddin Al-Kasani, examining it through the lens of gender and marital dynamics in the context of Islamic family law in Indonesia. This research employs a qualitative approach with a literature analysis of Al-Kasani’s seminal work, Bada’i as-Sana’i fi Tartib as-Syarai’. Additionally, it compares his views with contemporary scholars and the policies of Islamic family law in Indonesia. The findings reveal that Al-Kasani emphasized iddah as a mechanism to protect women’s rights, particularly concerning lineage and financial security. However, in the context of women in modern careers, the application of iddah needs to be reassessed, considering women’s economic roles and the evolving dynamics of marital relationships. This study concludes that the recontextualization of iddah should be carried out with a focus on gender justice while preserving the maqashid shariah (higher objectives of Islamic law) within family law. Therefore, a more inclusive and contextual reinterpretation of Islamic legal rulings is necessary to ensure that iddah remains relevant to the lives of modern Muslim women in Indonesia. This research contributes to the academic discourse by offering a fresh perspective on the concept of iddah within a more dynamic social framework. A gender-just recontextualization of iddah can be a reference for developing a more inclusive and adaptive Islamic family law in Indonesia
Copyright (c) 2025 Wahyu Abdul Jafar, Alamsyah, Maimun, Muhammad Zaki, Siti Mahmudah http://creativecommons.org/licenses/by-sa/4.0
Contextualizing Islamic Legal Perspectives on Fruit Theft in Perenggan (Borderlands): A Case Study in Kuala Tungkal, Indonesia
The phenomenon of fruit-taking in perenggan—border areas between private land and public space—represents a recurring socio-legal issue in Kuala Tungkal, Indonesia. This study aims to examine Islamic legal perspectives on the practice of picking overhanging fruit beyond property boundaries, by integrating normative analysis with empirical data rooted in local custom (‘urf). Employing a mixed-method case study design, the research involved 597 respondents through structured surveys and in-depth interviews with religious leaders, local authorities, and affected residents. The findings reveal that 88.2% of respondents had experienced fruit theft, and 57% believed the act was religiously or customarily permissible. These perceptions are shaped by economic pressures, normalized social behavior, and misconceptions of Islamic legal concepts—such as the mistaken belief that shufʿah grants harvesting rights when fruit overhangs public space. However, Islamic legal analysis affirms that such acts constitute ghaṣb (unlawful appropriation) and are prohibited (ḥarām) under sharī‘ah. In parallel, Indonesian Civil Code Article 570 affirms that produce from privately owned trees remains the legal property of the owner, even when branches extend beyond the land boundary. The novelty of this study lies in the application of contextual ijtihād, employing the theoretical framework of maqāṣid al-sharī‘ah, qiyās (analogical reasoning), istiḥsān (juristic preference), and ‘urf (customary practice) to propose humane and locally grounded legal responses. This approach enables a balanced application of the principle of wealth protection (ḥifẓ al-māl), societal welfare (maṣlaḥah), and harm prevention (mafsadah). Recommended interventions include neighbor agreements on surplus distribution, voluntary fruit-sharing arrangements, collective ethical reinforcement, and educationally oriented taʿzīr-based sanctions. The study’s primary contribution is the formulation of a context-sensitive Islamic legal model based on socio-empirical realities, offering practical guidance for fatwa development, village policymaking, and public legal education. It enriches the growing field of applied contemporary fiqh and advances productive engagement between religious texts, state law, and local wisdom
Copyright (c) 2025 Nurul Hidayah Tumadi, Liana Masruroh, Iffatul Umniati Ismail, Mumtaz Mumtaz, Mustakim Mustakim, Arwansyah Kirin, Raveenthiran Vivekanantharasa http://creativecommons.org/licenses/by-sa/4.0
Community Rights Protection as a Pillar of Suistainable Mining in INdonesia : A Review of Government and CSR Roles From Environmental Law and Islamic Environmental Jurisprudence
Sustainable mining in Indonesia requires balancing economic extraction with environmental protection and community rights. However, current frameworks—government regulation and mandatory CSR—often face implementation gaps and lack ethical grounding. This study examines how integrating Islamic environmental jurisprudence with Indonesia’s environmental law and CSR obligations can better protect community rights and promote sustainable mining practices. Using a normative empirical legal approach, the study analyzes Scopus-indexed literature, statutory instruments (e.g., Law No. 32/2009), and Islamic legal sources. It maps conventional mechanisms such as land-right recognition, FPIC, regulatory oversight, and CSR, and extends the analysis with: (1) a comparative integration of government and CSR roles with Islamic principles (amanah, ʿadl, ḥifẓ al-bi’ah), and (2) case studies from Bangka Belitung and other mining regions showing faith-based community mobilization. Findings show that coupling legal mechanisms with Islamic ethical imperatives enhances community agency: government policies gain moral legitimacy, CSR becomes a faith-driven commitment, and communities use fatwas and customary-Islamic norms to demand environmental justice and corporate accountability. Evidence shows regions applying Islamic fatwas on “environmentally friendly mining” benefit from stronger social licenses and improved local welfare. This study contributes an integrative governance model that combines legal obligations, CSR practices, and Islamic ethics to prioritize community rights and ecological sustainability in Indonesia’s mining sector.
Copyright (c) 2025 Niken Yulian Yusuf, Maskun Maskun, Arfin Hamid, Muhammad Mutawalli Mukhlis, Nurul Hidayat Ab. Rahman http://creativecommons.org/licenses/by-sa/4.0
Integrating Tradition into Legal Reform: Reconstructing the Role of Reconciliatory Customary Judges in Diversion Processes within the Interplay of Islamic, Customary, and National Law
Juvenile cases in conflict with the law are ideally resolved through diversion, a restorative mechanism that prioritizes recovery, avoids stigmatization, and encourages participatory dialogue among stakeholders. However, in practice, diversion implementation in Indonesia often encounters systemic and cultural barriers, especially when relying solely on formal legal institutions. This study explores the role of Reconciliatory Customary Judges (RCJs) in Tana Toraja as culturally embedded mediators and reconstructs their potential function within the national diversion framework. Using a mixed-methods approach, the research combined qualitative interviews with customary leaders (to parenge), religious figures, and law enforcement actors, alongside quantitative surveys conducted among community members. The empirical findings reveal that RCJs hold significant social legitimacy, drawn from their alignment with tongkonan kinship systems and aluk todolo norms of deliberation (musyawarah). Their mediation practices reflect Islamic principles of reconciliation (sulh) and complement the restorative justice goals of the Juvenile Criminal Justice System (UU-SPPA). The study identifies a legal pluralism in practice, wherein Islamic, customary, and national legal traditions converge. RCJs have proven effective in resolving community conflicts and are trusted across generational lines, making them ideal mediators in diversion cases. The results call for the institutionalization of RCJ roles across diversion stages, including police, prosecution, and judiciary levels, to enhance cultural responsiveness, legal legitimacy, and social restoration. This research offers a transformative framework for integrating localized wisdom into national legal reform. By recognizing RCJs as formal diversion mediators, Indonesia can bridge gaps between normative aspirations and socio-cultural realities, promoting a restorative justice system that is legally sound, culturally resonant, and constitutionally grounded
Copyright (c) 2025 Siti Zubaidah, Musakkir Musakkir, Syamsuddin Muchtar, Wiwie Heryani, Ahmad Masum http://creativecommons.org/licenses/by-sa/4.0
Ecological Awareness in Buying and Selling: Fiqh al-Bi’ah Analysis on Plastic Bag Use at Tanjung Bajure Market, Indonesia
This article aims to analyse the level of ecological awareness of traders and buyers at Tanjung Bajure Market in Sungai Penuh in the use of plastic bags and review how the government’s role in setting regulations through the perspective of Islamic law. This article is a juridical-empirical legal research with a socio-legal approach that uses qualitative methods and purposive sampling techniques. Data were obtained through observation at Tanjung Bajure Market, interviews with market players, and documentation, then the data were analysed through qualitative data analysis techniques namely data condensation, data presentation, and conclusion drawing. The results of the study found that the level of ecological awareness of the Tanjung Bajure Market in Sungai Penuh is still low, indicated by the dominance of the use of disposable plastic bags, although a small proportion of buyers have brought their own shopping bags. Government policies related to restrictions on the use of plastic bags have been regulated through various regulations, but their implementation has not been effective in traditional markets. In the perspective of Islamic law, consumptive behaviour towards plastic is considered contrary to the principles of maqashid sharia, especially in preserving the environment (hifz al-bi’ah). This research has contributed to the development of contemporary fiqh and Islamic economics, by recommending the formulation of fatwa provisions on the use of plastic bags based on Islamic ethics and ecological values. The implementation of the fatwa is certainly not immediately accepted by the actors, if it is not accompanied by ecological awareness of the actors. The findings of this study confirm that the importance of integration between the implementation of government regulations and religious ethics in order to form a sustainable and environmentally sound market ecosystem in accordance with Islamic values and ethics
Copyright (c) 2025 Elvi Nilda, Rifqi Nurdiansyah, Doli Witro, Mohammad Hidayaturrahman, Rahmad Setyawan, Raid Alghani http://creativecommons.org/licenses/by-sa/4.0
Contextualising Sharīʿah Economic Law: The Role of Pesantren in Indonesia’s Socio-Legal Landscape
This article aims to elucidate the resilience of Islamic boarding schools in advancing Sharia economic law. The research employs a descriptive case study methodology using field data and adopting a juridical-empirical approach. Data collection is conducted through observation, interviews, and documentation, while data analysis encompasses data condensation, presentation, and conclusion. The findings indicate that the resilience of Islamic boarding schools in developing Sharia economic law stems from recognizing and strengthening their institutional autonomy. This includes acknowledging the roles of religious leaders, students, and the broader community in developing the pesantren-based Sharia economy. As centers of Sharia economic study and business practice, Islamic boarding schools are poised to serve as pivotal models in translating Sharia economic theory into practice. To enhance their role in this domain, several alternative solutions are proposed: firstly, the formulation of supplementary regulations emphasizing the study of economic law; secondly, the promotion of Islamic boarding schools as exemplars in fostering a Sharia economy within society; thirdly, the integration of Sharia economic law theory into the curriculum to optimize human resource development; and fourthly, the establishment of Islamic boarding schools as Sharia business laboratories capable of engaging in collaborative ventures. The contribution of this study lies in demonstrating how pesantren serve as contextual actors that bridge Islamic jurisprudence and socio-economic practice, offering a model for integrating fiqh al-muʿāmalāt into contemporary legal frameworks. This enriches academic discourse on Islamic law contextualisation while providing practical insights for policymakers, educators, and practitioners in strengthening Sharīʿah economic governance in Indonesia.
Copyright (c) 2025 Sofian Al Hakim, Mohamad Sar'an, Ah Fathonih, Agi Attaubah Hidayat http://creativecommons.org/licenses/by-sa/4.0
Ritual Syncretism and Legal Validity: A Jurisprudential Analysis of the Fidyah Semyang Tradition in Bengkulu
This study explores the practice of Fidyah Semyang, which is a local tradition of the people of Suka Datang Village, North Curup, Bengkulu which is carried out as a form of redemption for the obligation to pray from someone who has died. Fidyah is given in the form of gold, money, and fragrances through rituals full of spiritual symbolism. This study aims to understand how this tradition is practiced, as well as how it is positioned within the framework of normative Islamic law which generally does not allow the delegation of bodily worship such as prayer to others, either in the form of qadha or Fidyah. The method used is qualitative-descriptive with an ethnographic approach and case studies, through in-depth interviews, participatory observations, and literature review of contemporary Islamic jurisprudence and jurisprudence. The results of the study show that Fidyah Semyang is a form of religious syncretism that develops from the interaction between Islamic teachings and local customary value structures. Although the practice has a strong social and spiritual function, it faces challenges from Islamic scholars and legal thinkers who consider the tradition to be a form of ‘urf fāsid (corrupt customs), as it lacks a solid basis in nash shari'i and can distort the correct understanding of worship in Islam. In conclusion, Fidyah Semyang reflects on the dynamics between cultural religious expression and normative Islamic authority, and shows how local Muslim communities negotiate their religious identities within the framework of ancestral heritage customs and traditions
Copyright (c) 2025 Elkhairati Elkhairati, Laras Shesa, Yusefri http://creativecommons.org/licenses/by-sa/4.0
Legal Uncertainty in Dispute Resolution of Ijarah Muntahiya Bi al-Tamlik Contracts in Indonesia: A ḥifẓ al-māl Perspective
Legal uncertainty in the construction of ijarah muntahiya bi al-tamlik (IMBT) contracts within the Compilation of Sharia Economic Law (KHES) arises in two areas. First, ambiguity occurs in the transfer of ownership at the end of the lease term, which may use either a sale or a hibah (grant) scheme. Second, dispute resolution is often implemented disproportionately, causing financial harm to the musta’jir. This study employs normative juridical research with a statutory approach, as inconsistencies are found between legislation and fundamental legal principles. The findings indicate that ownership transfer in IMBT contracts should only be carried out through a sale mechanism. Using hibah is inconsistent with its classification as a tabarru’ contract and contradicts Article 362 of KHES. Moreover, dispute resolution should not treat the musta’jir as indebted and force the sale of the leased object before the contract term ends. Instead, proportional penalties, explicitly stipulated in the contract, provide a fairer mechanism. These results highlight the urgency of reformulating IMBT contract practice in Indonesia. For Sharia financial institutions, implementing clearer ownership transfer rules and fair dispute resolution mechanisms will enhance legal certainty, protect the parties involved, and strengthen public trust in Sharia-compliant financial products.
Copyright (c) 2025 Moh. Nurul Huda, Bambang Tri Bawono, Gunarto Gunarto, M. Dias Saktiawan http://creativecommons.org/licenses/by-sa/4.0
Strengthening Dominus Litis Principle for Effective Corruption Case Management in Indonesia: Harmonizing Positive Law and Islamic Legal Principles
Corruption in Indonesia persists as a systemic problem, exacerbated by fragmented investigative authority, inconsistent regulations, and the absence of strict deadlines for case resolution. This study examines the dominus litis principle—vesting the Prosecutor’s Office with control over criminal cases—through both Islamic legal foundations and empirical realities in Indonesia. Using a normative-empirical method that combines legislative, conceptual, and comparative analyses, the research highlights the novelty of contextualizing dominus litis within Islamic jurisprudence, constitutional mandates, and human rights principles. Islamic sources, including the Qur’an and Hadith, unequivocally condemn corruption as ghulūl and bribery, framing it as both a sin and a betrayal of public trust. From the perspective of maqāṣid al-sharī‘ah, prolonged investigations that freeze assets and stigmatize suspects create harm (mafsadah) rather than benefit (maṣlaḥah), thereby violating the objectives of justice, dignity, and wealth protection. Historical institutions such as the qāḍī al-maẓālim and the doctrine of siyāsah shar‘iyyah further legitimize prosecutorial oversight as a means of ensuring accountability and safeguarding public welfare. Empirical evidence shows that fragmented authority between the Police, the Corruption Eradication Commission (KPK), and the Prosecutor’s Office has caused overlapping roles, case stagnation, and human rights violations. Comparative insights from civil law jurisdictions such as Germany and France illustrate that stronger prosecutorial dominance ensures legal certainty and efficiency. The study concludes that reinforcing the Prosecutor’s Office as dominus litis from the investigation stage is essential for harmonizing institutional roles, establishing strict case deadlines, and enhancing coordination. Contextualized within Islamic law and Indonesian constitutional values, dominus litis emerges not only as a procedural reform but also as a structural solution that integrates legal certainty, justice, and moral legitimacy in Indonesia’s fight against corruption
Copyright (c) 2025 Zet Tadung Allo, M. Syukri Akub, Aswanto Aswanto, Ratnawati Ratnawati, Andi Muhammad Aswin Anas http://creativecommons.org/licenses/by-sa/4.0
Reconsidering the Concept of Mastautin in Malaysia: A Siyāsah syar’iyyah-Based Framework for Islamic Family Law Standardisation
This article examines the concept of mastautin (residence) as the jurisdictional foundation of Malaysia's Syariah courts, highlighting how decentralization yields varied legal, administrative, and doctrinal interpretations across states. Using a scoping study methodology, the research maps statutory definitions, fatwas, and administrative directives in all 13 Malaysian states and 3 Federal Territories, identifying inconsistencies and gaps in implementation. Findings reveal significant variation on residency thresholds (ranging from five days to four months), despite procedural uniformity under administrative directives (Arahan Amalan) No. 8/2019, which standardises documentary requirements such as utility bills and Imam confirmation letters. While shorter thresholds may enhance accessibility, longer ones ensure certainty, creating risk of forum shopping, unequal access, and a loss of public trust. To address these issues, the article utilises the framework of siyāsah syar’iyyah, which permits rulers to legislate public benefit (maslahah) while adhering to maqasid al-shari'ah. It states that harmonisation must progress from procedural directions towards model national norms, coordinated fatwa reviews, judicial training, and monitoring mechanisms. This study analyses Malaysia's experience within wider discussions on federalism, legal pluralism, and maqasid-based reform. This study demonstrates that siyāsah syar’iyyah provides a viable pathway to harmonize state autonomy with national unity, thereby maintaining consistency, fairness, and social responsiveness. This study contributes to the academic discourse by reinterpreting the concept of mastautin within Malaysia’s Islamic Family Law through a Siyāsah syar’iyyah-based framework. It offers a new perspective on how classical jurisprudential principles can be integrated with contemporary legal governance to achieve consistency and justice in family law administration. By proposing a model that aligns legal standardisation with the objectives of maqāṣid al-sharī‘ah, this research strengthens the theoretical foundation for harmonising diverse fiqh interpretations under modern state policy
Copyright (c) 2025 Humairaa' Abdul Rahim and Anwar Fakhri Omar http://creativecommons.org/licenses/by-sa/4.0
Revisiting Polygamous Marriage Laws in Malaysia: Addressing Enforcement Gaps and Contemporary Challenges in Islamic Family Law
This article examines the legal framework governing polygamous marriages in Malaysia, focusing on Section 23 of the Islamic Family Law (Federal Territories) Act 1984, which requires men to obtain prior Sharia Court consent before contracting additional marriages. Despite this requirement, the prevalence of polygamous marriages solemnised without court approval underscores significant enforcement weaknesses. Legal loopholes allow such marriages to be legitimised and registered post-facto, provided they comply with Hukum Syarak and the associated matrimonial offence is resolved through prescribed penalties. Employing doctrinal legal analysis alongside an examination of unreported Sharia Court files, the findings reveal inconsistencies in judicial discretion when sentencing offenders, highlighting gaps that undermine the regulatory objectives of polygamy laws and erode public confidence in the Sharia legal system. Within the maqāṣid al-sharīʿah framework, the research demonstrates that circumventing procedural safeguards compromises the objectives of Islamic law, particularly the protection of lineage (ḥifẓ al-nasl), the welfare of spouses and children, and overall family harmony. Women and children in unregulated marriages face legal insecurity, inequitable treatment, and restricted access to maintenance and inheritance rights. The study concludes that comprehensive reforms are necessary to strengthen enforcement, close regulatory gaps, and harmonise administrative compliance with religious validity. This study contributes to the academic discourse by offering recommendations that include enhancing penalties, standardising judicial discretion, raising public awareness and education about the legal implications of unregistered polygamous marriages to women and children, and integrating maqāṣid principles to prioritise justice, equity, and family welfare. By addressing both legal and ethical dimensions, these reforms aim to safeguard the rights of all parties in polygamous marriages and enhance public confidence in Malaysia's Sharia legal system
Copyright (c) 2025 Zuliza Mohd Kusrin, Aishah Mohd Nor, Shadli Sabarudin, Ruzita Ramli http://creativecommons.org/licenses/by-sa/4.0
Judicial Resolution of Hibah (Gift) over Encumbered Property: An Analysis of the Abdul Hamid Masidullah v. Norehan Abdul Jabbar Case
Ownership of a property is a crucial aspect in determining the validity of a hibah (gift) contract. Accordingly, the permissibility of gifting an asset that is still under financial institution collateral has been a subject of scholarly debate, particularly on whether such an asset constitutes absolute ownership by the donor. The appeal case of Abdul Hamid Bin Masidullah v. Norehan Binti Abdul Jabbar (Mal No. 08000-001-0014-2018) serves as a reference regarding the permissibility of hibah involving collateralised property. One of the arguments raised by the Appellant was that the hibah of a property still under the collateral of the Government of Malaysia's Housing Loan Division was invalid, as the gifted property was not deemed to be under the complete or absolute ownership of the donor. However, the Syariah Court of Appeal of the State of Perak, Malaysia, dismissed the appeal and upheld the decision of the Syariah High Court in Hibah Case No. 08100-044-0149-2015. The Court ruled that the gifted property constituted full ownership by the donor. Therefore, this article aims to examine and analyse the reasoning behind the Court of Appeal's judgment on this issue, based on scholarly opinions and juristic arguments (fuqaha). This study employs a qualitative analysis, focusing on the Syariah Court of Appeal case of Abdul Hamid Bin Masidullah v. Norehan Binti Abdul Jabbar (Mal No. 08000-001-0014-2018). Data were collected through critical document analysis of court judgments, legal provisions, and relevant fatwas, with sources selected based on strict reliability and relevance criteria. Thematic analysis was used to systematically compare and synthesize diverse juristic opinions, ensuring the findings are jurisprudentially robust and contextually relevant to Malaysia's Syariah context. The study found that the reasoning in this appellate case aligns with Islamic legal principles and does not exclusively adhere to the opinion of a single school of jurisprudence. Instead, the views of scholars from other schools of thought, beyond the Shafi'i madhhab, were also considered and utilized by the Court in accordance with the contextual needs of the case. This study contributes to the development of Islamic property law by clarifying the judicial reasoning applied in resolving disputes over hibah (gifts) involving encumbered property
Copyright (c) 2025 Noor Lizza Mohamed Said, Muhamad Mu'izz Abdullah, Adnan Mohamed Yusoff http://creativecommons.org/licenses/by-sa/4.0
Public Health Protection and Social Insurance: Reforming Legal Norms through Contextualized Islamic Economic Law
Public health protection and social insurance represent foundational pillars in achieving equitable welfare across societies. In many Muslim-majority countries, however, existing social policies often fail to fully reflect Islamic legal values in a contextualized manner. This study aims to reformulate positive legal norms concerning public health and social protection through the lens of Islamic economic law. Employing a normative juridical approach, the study applies maqāṣid al-sharī‘ah as its primary theoretical framework, supported by literature reviews and comparative analysis of social policy models in selected Muslim-majority states. The findings reveal that integrating Islamic financial instruments—such as zakat for funding basic healthcare, productive waqf for health facility development, and social insurance schemes based on tabarru’ and ta’āwun can be practically implemented as viable alternatives to conventional systems. In Indonesia, policies grounded in these principles show strong potential to reduce the burden on the state budget (APBN) while simultaneously enhancing social solidarity. A contextualized application of Islamic economic law proves not only normatively sound but also practically effective in designing a socially just and resilient protection system capable of responding to contemporary challenges
Copyright (c) 2025 Ade fisti pongoliu, Abdul Razak, Marwati Riza, Sri Susyanti Nur, Uzodinma Yurriens http://creativecommons.org/licenses/by-sa/4.0
Legal Shifts in Credit Agreements Amid Covid-19: A Contextualized Analysis from Islamic Economic Law
The Covid-19 pandemic, has caused a global crisis affecting not only health but also legal and financial systems, particularly the sector of financing based on credit agreements. The widespread inability of debtors to fulfill their financial obligations raised fundamental questions regarding the validity and enforceability of contractual relationships, both in conventional and Islamic legal frameworks. This study aims to examine the legal shift in the implementation and adjustment of Shariah-compliant credit contracts during the pandemic and to assess the applicability of Islamic legal principles such as al-‘udhr (legal excuse), maslahah mursalah (public interest), and al-taysir (facilitation) as normative bases for contract renegotiation and restructuring. Using a normative-qualitative method, the research analyzes legal texts, fatwas issued by the DSN-MUI, and state regulations such as those issued by the OJK. The findings indicate that the pandemic constitutes a force majeure event that can legally justify contract modification within Islamic jurisprudence. The study concludes that a contextual and adaptive approach rooted in maqāṣid al-sharī‘ah offers both normative legitimacy and practical effectiveness in times of crisis. It also recommends developing a flexible contractual model that harmonizes Shariah principles with national legal standards, thereby ensuring justice, legal certainty, and resilience in Islamic financial institutions.
Copyright (c) 2025 Haris Yusuf, Anwar Borahima, Ahmadi Miru, Nurfaidah Nurfaidah, Souad Ahmed Ezzerouali http://creativecommons.org/licenses/by-sa/4.0
The Crime of Trafficking in Persons in Indonesia: Applying Islamic Criminal Law to Develop a Victim Rehabilitation Framework
Rehabilitation for victims of human trafficking must include physical, psychological, and social recovery, as well as the reintegration of victims into their families and communities. This research aims to analyze the rehabilitation of victims of human trafficking as a form of the application of Islamic criminal law. This research uses a qualitative approach with a juridical-empirical method. The research results emphasize that the urgency of rehabilitation for victims of human trafficking is very important considering the complex and multidimensional nature of the impact of this crime, which includes physical, psychological, and social aspects. Victims often experience prolonged trauma, health issues, and loss of rights and dignity due to exploitation. Comprehensive rehabilitation services not only help victims to function socially in a proper manner and restore their rights, but also prevent retraumatization during the recovery and law enforcement processes. The reform of Islamic criminal law in regulating the rehabilitation of victims of human trafficking crimes has become very important to address contemporary social and legal challenges. Based on the principles of maqashid sharia such as the preservation of life, intellect, and social welfare, this reform offers a humanistic and contextual approach, making Islamic criminal law not only a tool of punishment but also an instrument of rehabilitation and restorative justice
Copyright (c) 2025 amilang amilang, Amir Ilyas, Hamzah Halim, Saharuddin Saharuddin, Bazarova Dildora Baxadirovna http://creativecommons.org/licenses/by-sa/4.0
From Vision to Practice: Comparative Dynamics of Islamic Economics in Indonesia and Malaysia
This paper aims to compare the development of Islamic economics in Indonesia and Malaysia, with emphasis on the banking sector as the core pillar. The study employs a descriptive-analytical method and a juridical-normative approach, analysing secondary data from official reports (OJK, Bank Negara Malaysia, IFSB), regulatory documents (Law No. 21/2008; Islamic Banking Act 1983; IFSA 2013), and peer-reviewed literature (2010–2023). Findings show that Indonesia’s Islamic banking assets grew by 13% in 2021, supported by digitalisation and market-driven strategies, though financial literacy remains low (below 40%). Malaysia, by contrast, records a 30% share of Islamic banking assets nationally and dominates the global sukuk market, strengthened by comprehensive regulation and the Shariah Advisory Council. The results imply that Indonesia must enhance literacy and financial inclusion, while Malaysia should innovate further to sustain its global leadership. This study contributes comparative insights for policymakers on aligning regulatory frameworks with maqāṣid al-sharīʿah and strengthening cross-border collaboration
Copyright (c) 2025 Sumarni, Ahmad Rezy Meidina, Andifa Dwi Fani, Nissa Ayu Marliana, Ikhdan Gimas Shufyansyah http://creativecommons.org/licenses/by-sa/4.0
The Role of Kyai and the State in Regulating Child Marriage: A Study in Cirebon Regency
Child marriage remains a pressing socio-legal issue in Indonesia, where religious norms often intersect and sometimes conflict with state regulations. This study explores the dynamic interaction between kyai (Islamic religious leaders) and state authorities in regulating child marriage within Cirebon Regency—a region known for its strong pesantren-based traditions. Using a qualitative case study approach, data were collected through in-depth interviews with kyai, judges, and families, supported by observations and document analysis of court rulings, religious texts, and local socio-cultural practices. The findings reveal that most kyai continue to legitimize child marriage through classical fiqh doctrines such as darūrah syar‘iyyah (religious necessity) and maslahah (public interest), reflecting the enduring influence of traditional interpretations. However, younger kyai are beginning to adopt contextual ijtihād that aligns with contemporary child protection principles under maqāṣid al-sharī‘ah. Meanwhile, state institutions struggle to implement the 2019 Marriage Law effectively due to the strong moral authority held by kyai. This study contributes to the field of contextualized Islamic law by developing a model of legal harmonization that integrates maqāṣid-based reinterpretation of fiqh with Indonesia’s child protection framework. The research offers both theoretical insight—by advancing the discourse on critical legal pluralism in Muslim societies—and practical guidance for policymakers to foster collaboration between religious leaders and state institutions in preventing child marriage while respecting local religious values.
Copyright (c) 2025 Muhammad Sibawaihi, Nandang Najmudin, Abdul Kholik, Muhammad Yogi Sandra http://creativecommons.org/licenses/by-sa/4.0
Legal Protection of Trademark Holders Against Imported Goods: A Contextual Framework under Islamic Economic Law
The increasing influx of imported goods in Indonesia has intensified market competition and created complex challenges in protecting the rights of local trademark holders. Weak enforcement mechanisms and limited public awareness have facilitated imitation and unfair competition, threatening economic sustainability and consumer confidence. This study examines the adequacy of Indonesia’s trademark protection and reinterprets it through the ethical and normative framework of Islamic economic law. Using a normative juridical approach with statutory, conceptual, and comparative methods, the research analyzes Law No. 20 of 2016 on Trademarks and Geographical Indications alongside Islamic legal principles such as maqāṣid al-sharī‘ah (objectives of Islamic law), hifẓ al-māl (protection of wealth), and maṣlaḥah ‘āmmah (public interest). This analytical synthesis evaluates the harmony between positive law and Islamic ethics in regulating fair competition. The findings reveal that Indonesia’s legal framework provides sufficient formal protection but remains ineffective due to weak implementation, inadequate sanctions, and the limited capacity of small and medium enterprises. Conversely, Islamic economic principles emphasize moral accountability, fairness, and transparency as essential to market justice. Integrating these ethical values into trademark regulation would not only strengthen compliance but also foster socially responsible trade practices. This study contributes to contextualized Islamic law by proposing an integrated model that harmonizes intellectual property protection with Islamic moral economy. It advances theoretical understanding by linking fiqh mu‘āmalah with modern IP law and offers policy recommendations for promoting ethical branding, fair competition, and sustainable economic protection for Indonesian industries
Copyright (c) 2025 Elfi Haris, OK Saidin, Ningrum Natasya Sirait, Maria Kaban, Ruetaitip Chansrakaeo http://creativecommons.org/licenses/by-sa/4.0
Contextualizing Islamic Law in Resolving Customary Land Conflicts: A Siyasah Syar’iyyah Approach to the Semende Tribe’s Dispute in Bukit Barisan Selatan National Park
This study aims to find a resolution to the forest ownership conflict between the Semende Tribe and the government in the Bukit Barisan Selatan National Park area. The conflict arose from the government's claim over the Dusun Lame Banding Agung region in Kaur Regency, Bengkulu Province, which was incorporated into the Bukit Barisan Selatan National Park (TNBBS), resulting in losses for the Semende Tribe, whose ancestral lands are located in this area. With the establishment of TNBBS, the Semende Tribe was displaced from their ancestral land. The conflict resolution needs to adopt the Siyasah Syar’iyyah approach to ensure social justice based on a win-win solution for all parties. This study employs a Normative-Empirical Legal Research method that is exploratory and descriptive in nature. Based on the study’s findings, conflict resolution can be achieved through a collaborative approach grounded in the principles of Siyasah Syar’iyyah, which prioritizes utility, humanity, and justice over mere legal certainty. This is proposed through a social forestry management concept. Social forestry becomes an alternative if the release of the forest area is difficult to realize. At the very least, the Semende Tribe can continue to utilize their fields and paddies in Dusun Lame Banding Agung as before, although not under customary land rights or customary forests, but through community-based forest management schemes. The contribution of this study lies in: (1) integrating the Siyasah Syar’iyyah framework with agrarian and forestry policies to formulate a more humane conflict resolution model; (2) proposing concrete policy mechanisms such as zoning revision and social forestry as realistic legal solutions; and (3) strengthening the protection of indigenous communities through a maqāṣid al-syarī‘ah perspective in conflict resolution within conservation areas
Copyright (c) 2025 etry mike, Imam Mahdi, Arini Azka Mutia http://creativecommons.org/licenses/by-sa/4.0
Local Wisdom-Based Democracy: A Fiqh Siyasah Analysis of the Gilir Kaum System in the Village Head Election in Sibak Village, Bengkulu
This study examines the practice of democracy based on local wisdom through the gilir kaum system in village head elections among the Pekal community of Sibak Village, Mukomuko, from the perspective of fiqh siyasah. The gilir kaum system is a rotational leadership mechanism among clans designed to ensure equitable power distribution, prevent conflicts, and maintain social harmony. The research applies a qualitative-descriptive approach with normative-empirical analysis, using in-depth interviews, field observations, and the review of customary documents and village regulations. The findings show that the gilir kaum system plays an essential role in maintaining political stability, strengthening community participation, and reflecting tradition-based democracy. It also integrates modern democratic values with local wisdom. Leadership rotation ensures fair power distribution, while direct voting provides space for public participation in accordance with Law No. 6 of 2014 on Villages. From the perspective of fiqh siyasah, the gilir kaum system holds legitimacy as long as it upholds justice (‘adl), consultation (syura), and public interest (maslahah). Thus, it represents an adaptive model of local democracy in Indonesia, integrating tradition, modern democracy, and Islamic values
Copyright (c) 2025 Fauzan, Toha Andiko, Ade Kosasih, Rohmadi, Ismail Jalili, Miinuddin http://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Child Offenders in Bullying Cases: Challenges and Deviations in Restorative Justice Practice
This study examines legal protection for children as perpetrators of bullying through the application of restorative justice. The purpose of the research is to analyze how restorative justice is implemented in resolving bullying crimes committed by minors, identify the obstacles encountered in practice, and formulate relevant solutions. This research is normative legal research using a statutory approach. Data were collected through literature studies, including legislation, academic literature, and previous research findings, and then analyzed qualitatively. The results indicate that applying restorative justice to children who commit bullying can be carried out through the diversion mechanism, namely, the transfer of juvenile case settlement from the formal criminal justice process to non-litigation mechanisms outside the court system. This mechanism is in accordance with Law Number 11 of 2012 on the Juvenile Criminal Justice System, which prioritizes the best interests of the child. From the perspective of criminal law theory, the implementation of restorative justice represents a positive deviation from the retributive justice concept, which is oriented toward punishment and retribution. Restorative justice shifts the focus of criminal justice from punishing offenders toward restoring losses experienced by victims, repairing social harm caused by the crime, and reintegrating relationships between victims, offenders, their families, and the community. The academic contribution of this study lies in strengthening the discourse on restorative justice in bullying cases involving minors by providing normative arguments that the restorative approach aligns more closely with humanitarian principles, children's rights, and the best interests of the child than conventional retributive approaches. These findings offer theoretical and practical insights for policymakers, law enforcement officers, educators, and child protection institutions to optimize diversion mechanisms to address bullying that emphasizes punishment rather than social recovery and build awareness, empathy, and social recovery for all parties involved
Copyright (c) 2025 Ahmad Arifulloh, Andri Winjaya Laksana, Moh Aris Siswanto, Toni Triyanto http://creativecommons.org/licenses/by-sa/4.0
A Justice and Maslahah-Based Reconstruction of Notary Removal Regulations
This study critically examines the weaknesses of Indonesia’s current notary removal regulations, highlighting how they fall short in realizing justice and fulfilling the broader public interest (maslahah). A close analysis of Article 13 of Law No. 2 of 2014 on the Position of Notary shows that the regulation lacks clarity and fairness, especially because the “threat of punishment” is ambiguously treated as equivalent to a final court decision. This ambiguity weakens legal certainty and places notaries in a vulnerable position when facing disciplinary actions. Employing a socio-legal approach supported by both primary and secondary data, and framed by theories of justice, legal systems, and progressive law, the study identifies substantial gaps in legal substance, structure, and culture that hinder the regulation’s ability to protect rights and ensure professional accountability. To address these shortcomings, the study proposes a reconstruction of the regulatory framework grounded in justice and maslahah, emphasizing transparency, proportionality, ethical responsibility, and the protection of societal welfare. Academically, this research offers a new integrative perspective that brings together concepts of justice and maslahah to reform administrative regulations. It also provides a conceptual critique of the inconsistencies within the notary removal mechanism while presenting a more ethically oriented model for aligning professional accountability with Indonesia’s legal ideals and Islamic legal values. This reconstruction aims to create a fairer, more coherent regulatory system that better serves both notaries and the public
Copyright (c) 2025 Anis Mashdurohatun, Rizky Amalia Solichin, Rita Purwanti, Dedi Sutomo, Wildan Syukri http://creativecommons.org/licenses/by-sa/4.0
Administrative Justice in the Perspective of Islamic Legal Philosophy: A Comparative Study of Ethical Legitimacy and Bureaucratic Rationality
The debate about justice in legal systems and public administration concerns not only the normative-procedural aspects but also touches on the moral, ethical, and spiritual dimensions of government practice. In the modern context, administrative law develops based on bureaucratic rationality as formulated by Max Weber, which emphasizes procedural legality, efficiency, and institutional hierarchy as sources of legitimacy for state action. In this paradigm, administrative justice is measured through adherence to written rules, procedural clarity, and impersonal administrative accountability mechanisms. However, despite guaranteeing order and efficiency, this system is often criticized for its tendency to ignore the moral substance and human values that are at the core of justice itself. Conversely, in Islamic legal philosophy, justice holds a higher and transcendental status. Justice is not merely the result of legal procedures, but rather a manifestation of divine will ('adl) and an integral part of the objectives of Islamic law (maqāṣid al-sharī‘ah). Within this framework, bureaucratic actions—whether legislative, executive, or administrative—cannot be judged just solely because they conform to the rules, but must reflect ethical legitimacy, namely conformity to moral principles, honesty, social responsibility, and orientation toward the public good (maṣlaḥah ʿāmmah). Thus, legitimacy in Islamic law is moral-spiritual, not merely legal-formal. The gap between these two paradigms raises a fundamental question in the study of legal philosophy: is modern bureaucratic rationality capable of producing substantive justice, or does it require a deeper ethical foundation as offered by Islamic legal philosophy? In the context of public administration in Muslim countries, this question becomes increasingly relevant given the demand to integrate sharia values with the principles of efficient and transparent modern governance. Through this comparative study, the research aims to explore how Islamic legal philosophy interprets administrative justice and bureaucratic legitimacy from an ethical and theological perspective, and to identify fundamental differences between ethical legitimacy in Islamic law and bureaucratic rationality in modern administrative law. This approach is expected to provide a philosophical basis for the formation of a legal and bureaucratic system that is not only structurally rational, but also morally and spiritually just
Copyright (c) 2025 Surahman, Abdurrahim, Widyatmi Anandy, Fathul Hamdani, Uche Nnawulezi http://creativecommons.org/licenses/by-sa/4.0