MilRev: Metro Islamic Law Review is a scientific law journal focused on studies in the field of Contemporary Islamic law. It actualizes and adds to the treasure of a better understanding of Contemporary Islamic law through the publication of articles and research reports. MilRev: Metro Islamic Law Review encompasses a broad range of research topics in Islamic law: Contemporary Islamic Criminal Law, Contemporary Islamic Family Law, Contemporary Islamic Politics, Contemporary Islamic Judicial, Contemporary Islamic Jurisprudence, and Contemporary Islamic Economic Law. Journal title MILRev: Metro Islamic Law Review Editor-in-chief Dr. Wahyu Abdul Jafar, M.HI DOI 10.32332/milrev Online ISSN 2986-528X Frequency 2 issues per year (January-June and July-December) Url https://e-journal.metrouniv.ac.id/index.php/milrev/index E-mail milrev@metrouniv.ac.id Language Indonesian; English Licensing Creative Commons Attribution-ShareAlike 4.0 International License Manag. Style Open Access Journal Publishing System Open Journal System (OJS 3.5) Publisher Faculty of UIN Jurai Siwo Lampung Citation Analysis SCOPUS|SINTA 1| DOAJ| Google Scholar| Garuda | Moraref | Crossref | Dimension|EBSCO|OpenAlex| Address Journal Center of UIN Jurai Siwo Lampung, Ki Hajar Dewantara St., Banjar Rejo, Lampung Timur, Lampung, Indonesia 34381 MilRev: Metro Islamic Law Review is a double-blind peer-reviewed journal published by Faculty of Sharia, UIN Jurai Siwo Lampung, Indonesia. The journal is aimed at spreading the research results conducted by researchers, academicians, and practitioners in the field of Contemporary Islamic Law. The articles of this journal are published bi-annually; January-June and July-Desember. This journal enthusiastically welcomes submissions from scholars and researchers in related fields who wish to contribute to advancing academic discourse. As a platform committed to maintaining excellence in academic publishing, we prioritize recency, originality, and timeliness in every manuscript we review. We are proud to announce that MILRev: Metro Islamic Law Review has achieved a significant milestone by being officially indexed in Scopus and SINTA 1, under the decree of the Ministry of Education, Culture, Research, and Technology of the Republic of Indonesia No: 0110/C3/DT.05.00/2026. This recognition reflects our commitment to upholding the highest standards of quality and rigor, positioning MILRev as a trusted and influential academic journal in the global scholarly community. To ensure the integrity of our review process, we kindly remind authors that adherence to submission guidelines is mandatory. Manuscripts that do not comply with our formatting and style requirements will be returned without review. Only manuscripts that align with our guidelines will be considered for further editorial evaluation and peer review. We invite you to join our mission of fostering impactful research and welcome your valuable contributions to MILRev. Let us collaborate to advance knowledge and make meaningful contributions to the field.
Faculty of Sharia, UIN Jurai Siwo Lampung
Contemporary Trade Governance and Cross-Border Data Flows: A Comparative Study of Sharīʿah Principles and International Legal Frameworks
The rapid expansion of the digital economy has transformed international commerce, making cross-border data flows a crucial component of global trade governance. The increasing reliance on digital platforms, cloud computing, and data-driven services has generated legal challenges related to data privacy, cybersecurity, digital sovereignty, and regulatory fragmentation across jurisdictions. This study examines how contemporary legal frameworks regulate cross-border data governance and analyzes the tension between trade liberalization and regulatory control in digital trade systems. Using a qualitative doctrinal and comparative legal approach, the research evaluates the frameworks of the World Trade Organization (WTO), the European Union (EU), and major Indo-Pacific digital trade agreements. The analysis applies three criteria—legal enforceability, regulatory flexibility, and data protection intensity—to compare their approaches to digital trade governance and cross-border data flows. The findings reveal significant divergence among these frameworks, driven by differing regulatory philosophies and policy priorities. The WTO primarily emphasizes trade liberalization and non-discrimination, but lacks comprehensive mechanisms for data governance. In contrast, the EU adopts a rights-based model focused on robust data protection and regulatory oversight, while Indo-Pacific agreements favor flexible, market-oriented rules that facilitate data flows with limited restrictions. The study further finds that fragmentation in global digital governance is driven not only by regulatory differences but also by competing views of data as either an economic commodity or a protected legal right. The research concludes that effective global digital trade governance requires a harmonized framework balancing economic openness, data protection, cybersecurity, and national sovereignty. It proposes a principle-based harmonization model grounded in transparency, proportionality, interoperability, and regulatory accountability. Academically, this study contributes by developing a comparative analytical framework and by integrating Sharīʿah-based perspectives on ethical data governance, trust, and accountability into contemporary international debates on digital trade law.
Cross-Border Data Governance; Digital Trade; European Union; Indo-Pacific Trade Agreements.
Copyright (c) 2026 Muhammad Azam, Naji Mohammad Alwreikat, Burhan Alsyouf, Abdel Salam Atwa Ali Al Fandi, Rawdah Abdul Karim Mohammad Pharaon https://creativecommons.org/licenses/by-sa/4.0
A Contemporary Framework for Integrating Maqāṣid al-Sharīʿah and ESG in Designing Sharia Capital Market Indices
This study develops a contemporary framework for integrating Maqāṣid al-Sharīʿah with Environmental, Social, and Governance (ESG) principles in the design of Sharia capital market indices. It addresses the persistent gap between formalistic Sharia screening—primarily concerned with legal compliance—and the materiality-driven logic of ESG, which emphasizes sustainability impact. Employing a qualitative conceptual approach, the study constructs a Three-Tier Framework that repositions Maqāṣid al-Sharīʿah as the teleological foundation of sustainability assessment. The framework is operationalized into a systematic blueprint comprising four integrative themes and 22 measurable indicators. These indicators are derived from a thematic clustering of 45 elements from the Maqāṣid al-Sharīʿah Research Index (MSRI) and subsequently aligned with internationally recognized standards, including the Global Reporting Initiative (GRI) and the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). The alignment process applies two criteria: dual relevance to both Maqāṣid and ESG dimensions, and the availability of verifiable public data. Preliminary validation through case studies of PT Bukit Asam and Unilever Indonesia demonstrates the framework’s ability to differentiate sustainability performance across sectors while revealing substantive gaps in current Sharia reporting practices, particularly in narrative depth and impact orientation. Unlike prior studies that position Maqāṣid and ESG as parallel constructs, this research reconstructs the evaluative logic by embedding Maqāṣid as the ethical core of ESG integration. This study contributes both theoretically and practically by advancing an integrated paradigm for Islamic finance and offering a replicable model for index construction. It provides a conceptual and operational foundation for transforming Sharia capital markets toward a more holistic, impact-oriented, and ethically grounded sustainability assessment system.
ESG; Integrative Framework; Maqāṣid al-Sharīʿah; Operational Blueprint; Sharia Capital Market Index.
Copyright (c) 2026 Lilis Renfiana, Mohammad Ridwan, Ali Akram kadhim, Saleem Asouli, Noor Snober https://creativecommons.org/licenses/by-sa/4.0
Contemporary Human Rights Safeguards in Islamic Law Justice: A Comparative Study in Indonesia, Saudi Arabia, and Egypt
This study examines the protection of human rights in the context of arrest, detention, and judicial remedies from the perspectives of Islamic law and contemporary legal systems through a comparative analysis of Indonesia, Saudi Arabia, and Egypt. Employing a normative legal research method, the study draws upon authoritative legal sources, including international human rights instruments such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights, as well as relevant national legislation in the three jurisdictions. The findings reveal distinct models in the integration of Islamic legal principles within state legal frameworks. Indonesia represents a constitutional democratic model with a relatively high degree of justiciability, reflected in robust judicial review mechanisms and stronger guarantees of due process. In contrast, Saudi Arabia embodies a centralized monarchical system, where judicial independence and oversight of administrative detention remain comparatively limited. Egypt, meanwhile, exhibits a hybrid model that combines civil law traditions with Islamic legal influences, resulting in a moderate level of judicial independence. Importantly, the study demonstrates that the alignment between core Islamic legal principles—such as justice (‘adl), the presumption of innocence, the prohibition of arbitrary detention, and access to legal remedies—and contemporary human rights standards is not merely normative; rather, it is operationalized through three key mechanisms: the contextual reinterpretation of fiqh, the codification of norms into national legislation, and the strengthening of judicial practices through rulings that uphold due process of law. This research contributes to the scholarly discourse by offering a comparative framework that bridges Islamic jurisprudence and modern human rights law, while also proposing practical pathways for legal harmonization. It recommends the systematic integration of Islamic legal values into contemporary human rights protection through adaptive reinterpretation, legislative reform, and the strengthening of judicial independence and institutional capacity.
Comparative Study; Contemporary Human Rights; Egypt; Islamic Law Justice; Saudi Arabia.
Copyright (c) 2026 Sahat Maruli Tua Situmeang, Athari Farhani, Subagyo Sri Utomo, Musa Darwin Pane https://creativecommons.org/licenses/by-sa/4.0
Cross-Border Nikah Sirri between Malaysia and Indonesia: Contemporary Legal and Social Dynamics in Borneo
This article examines the phenomenon of cross-border nikah sirri (unregistered marriage) between Malaysia and Indonesia in the Borneo region, particularly involving Malaysian Sarawakians and migrant labourers. The study aims to analyse the contemporary legal frameworks governing nikah sirri in both countries, explore the socio-cultural and structural factors that motivate cross-border marriage practices, and assess their implications for the protection of women’s and children’s rights. Employing a socio-legal approach, this research integrates primary data derived from in-depth interviews and field observations with secondary sources from relevant legal and academic literature. The findings reveal that undocumented migrant workers in Sarawak frequently cross into Indonesian border areas to conduct nikah sirri, facilitated by transnational kinship networks, including Dayak communities who provide social and ritual support. From a legal perspective, Malaysia strictly prohibits unregistered marriages and imposes administrative sanctions for them. In contrast, Indonesian law adopts a more accommodating stance by allowing post-facto legalisation through itsbat nikah (marriage confirmation) in the Religious Courts, alongside limited legal recognition for children. However, such cross-border practices are often treated in Malaysia as legal evasion and a violation of public order, rendering the marriages invalid and leaving women and children without formal legal protection, including issues related to lineage and civil status. From the perspective of maqāṣid al-sharīʿah, these practices tend to generate greater harm (maḍarat) than benefit (maṣlaḥah), particularly in failing to safeguard lineage (ḥifẓ al-nasl) and legal certainty. This study contributes to the discourse on transnational Islamic family law by offering a comparative and empirically grounded analysis of regulatory gaps and their social consequences. It further argues for an integrative approach to legal reform to strengthen cross-border protection mechanisms and ensure substantive justice for vulnerable groups.
Contemporary; Cross-border; Law; Nikah Sirri; Social Dynamic.
Copyright (c) 2026 Sri Wahyuni, Ahmad Abdlkareem Sarairah, Mohamed W. Abouyounes https://creativecommons.org/licenses/by-sa/4.0
Reconstructing Contemporary Legal Methodology through the Noetic Triadic Spiral Model: A Trans-Epistemological Perspective
This study aims to reconstruct contemporary legal methodology by proposing the Noetic Triadic Spiral Model as a trans-epistemological framework that integrates revelation (waḥy), reason (ʿaql), and empirical reality (wāqiʿ) in a dynamic and iterative structure. The research responds to the growing epistemic fragmentation between normative-textual approaches and socio-empirical legal reasoning in contemporary Islamic legal thought. It seeks to formulate a methodological model that bridges classical uṣūl al-fiqh with contemporary interdisciplinary demands without undermining its theological foundations. This research employs a qualitative normative-philosophical approach combined with conceptual analysis and critical hermeneutics. Primary sources include classical works of uṣūl al-fiqh and modern reformist legal theories, which are analyzed through a comparative-constructive method. The study also incorporates epistemological mapping to identify structural tensions between scriptural authority, rational deliberation, and socio-historical contingencies. Through this approach, the Noetic Triadic Spiral Model is formulated as a spiral (rather than linear) interaction among three epistemic domains, emphasizing continuous reinterpretation, reflexivity, and contextual validation. The findings demonstrate that the proposed model offers a coherent methodological reconstruction that transcends the dichotomy between textualism and contextualism. By conceptualizing legal reasoning as a spiral process of noetic engagement—where revelation provides normative orientation, reason ensures coherence and systematicity, and empirical reality functions as a field of verification—the model strengthens methodological adaptability while preserving doctrinal integrity. The spiral nature ensures that interpretation remains open to revision without collapsing into relativism. The scientific contribution of this study lies in its formulation of a trans-epistemological paradigm that rearticulates legal methodology beyond classical dualisms. It provides a theoretical bridge between traditional jurisprudential structures and contemporary legal challenges, contributing to ongoing debates on reform, renewal (tajdīd), and methodological integration in legal theory. The Noetic Triadic Spiral Model thus offers an innovative framework for rethinking legal reasoning in a plural, complex, and rapidly evolving global context.
Islamic Legal Methodology; Noetic Triadic Spiral Model; Trans-Epistemological Framework; Usul al-Fiqh.
Copyright (c) 2026 Kelik Wardiono, Arief Budiono, Isman Isman, Arova Bakhtiar, Dwinuryidha Ken Rifqi https://creativecommons.org/licenses/by-sa/4.0
The Integration of Positive and Islamic Law in Contemporary Forest Conservation Policies Based on Sustainable Development: A Comparative Study of Indonesia and Malaysia
This study examines the integration of positive law and Islamic law within contemporary sustainable development–based forest management conservation policies through a comparative analysis of Indonesia and Malaysia. The research aims to analyze the normative and regulatory frameworks governing forest conservation in both countries and explore the extent to which Islamic legal principles are incorporated into state-based environmental governance. Employing a qualitative doctrinal and comparative legal approach, this study analyzes statutory regulations, policy documents, judicial decisions, and relevant Islamic legal sources, complemented by secondary scholarly literature. The analytical framework combines sustainable development theory with maqāṣid al-sharīʿah to assess how environmental protection aligns with both constitutional mandates and Islamic normative objectives. The findings reveal that Indonesia and Malaysia demonstrate different models of legal integration. Indonesia tends to institutionalize environmental protection through constitutional and statutory mechanisms, while incorporating Islamic values in a more implicit, socio-cultural manner. In contrast, Malaysia exhibits a more formal recognition of Islamic legal principles within state-level religious and environmental governance structures. Despite these differences, both countries reflect a converging commitment to ecological sustainability grounded in legal pluralism. However, challenges remain in harmonizing regulatory enforcement, addressing the drivers of deforestation, and ensuring community-based participation. This study contributes to the development of contemporary Islamic environmental jurisprudence by offering a comparative legal model of integrative governance between positive and Islamic law in forest conservation policy. It advances scholarly discourse on legal pluralism, sustainable development, and the operationalization of maqāṣid al-sharīʿah within modern environmental regulatory frameworks in Muslim-majority countries.
Forest Conservation; Islamic Law; Positive Law; Sustainable Development.
Copyright (c) 2026 Absori, Arief, Indra, Rizka, Aminuddin https://creativecommons.org/licenses/by-sa/4.0
Bridging Legal Traditions in Consumer Protection: Criminal Liability in Comparative Jurisprudence and Contemporary Islamic Law
Consumer protection has become an increasingly urgent legal issue in the era of global trade and digital commerce, where complex market structures and cross-border transactions intensify the vulnerability of consumers. This study aims to examine the construction of criminal liability in consumer protection by bridging different legal traditions through a comparative analysis of contemporary legal systems and Islamic legal principles. The research employs a normative legal method, using a comparative and conceptual approach to analyse statutory regulations, jurisprudence, and legal scholarship from several jurisdictions, including Indonesia, the United Kingdom, and Malaysia, alongside perspectives from contemporary Islamic law. The findings demonstrate that Indonesia's consumer protection regime, regulated under Law No. 8 of 1999 on Consumer Protection, is primarily grounded in the principles of benefit, justice, and legal certainty. Yet, it still places criminal sanctions as ultimum remedium and largely relies on fault-based liability with a reverse burden of proof. In contrast, the United Kingdom applies a strict liability regime for defective products, influenced by the Product Liability Directive, which enables stronger producer accountability regardless of fault. Malaysia adopts a hybrid regulatory approach, particularly in addressing consumer risks within digital and online transactions. From the perspective of contemporary Islamic law, consumer protection is normatively supported by principles such as the protection of property (ḥifẓ al-māl), the removal of harm (al-ḍarar yuzāl), and the prohibition of fraudulent practices (gharar and tadlīs), which conceptually reinforce stricter liability frameworks for producers. This study contributes to the development of consumer protection discourse by proposing a bridging framework between comparative jurisprudence and Islamic legal principles. It argues that integrating strict liability concepts with maqāṣid-oriented Islamic legal values can strengthen the normative and institutional design of consumer protection regimes, particularly in Indonesia, by enhancing legal certainty, accountability, and consumer justice in the contemporary marketplace.
Comparative Jurisprudence; Consumer Protection; Contemporary Islamic Law; Criminal Liability; Legal Traditions.
Copyright (c) 2026 Bambang Suheryadi, Hariyanto, Bambang Sugeng Ariadi Subagyono, Agus Yudha Hernoko, HD. Djunaedi https://creativecommons.org/licenses/by-sa/4.0
Child Protection from Cyber Violence: An Analysis of CRC General Comment No. 25 and Contemporary Islamic Ethical Perspectives in Indonesia and Malaysia
The research aims to analyze the extent to which both countries have developed regulatory and institutional mechanisms to safeguard children from digital harm and to formulate an integrative model of protection that aligns international child rights standards with contemporary Islamic ethical values. In this context, Islamic ethical principles derived from maqāṣid al-sharī‘ah are positioned as a normative foundation for strengthening digital child protection. This research employs normative or doctrinal legal research using statutory, conceptual, and comparative approaches to examine relevant legal norms, principles, and doctrines in Indonesia and Malaysia, alongside the ethical framework of maqāṣid al-sharī‘ah. The findings indicate that the regulatory framework for child protection from cyber violence in Indonesia has shown normative progress and policy alignment with the CRC and General Comment No. 25, yet its implementation remains partial and fragmented. In comparison, Malaysia demonstrates relatively more structured institutional coordination in addressing online risks to children. Based on this comparative synthesis, the study proposes an ideal ius constituendum model of integrative and coherent protection through a systemic risk-based regulatory design grounded in the principles of maṣlaḥah and sadd al-dharā’i (harm prevention), while reinforcing justice (‘adl) through equal service standards, including for children in remote and disadvantaged regions. Academically, this study contributes to the development of contemporary Islamic legal scholarship by bridging international child rights standards with Islamic ethical principles in the context of digital governance. It also offers a conceptual framework for integrating CRC/GC25 norms with maqāṣid al-sharī‘ah as a complementary ethical foundation for shaping responsive, culturally grounded cyber child protection policies in Muslim-majority societies.
Child Protection; CRC General Comment No. 25; Cyber Violence; Islamic Ethical Perspectives.
Copyright (c) 2026 Rizki Adi Pinandito, Hartiwiningsih, Muhammad Rustamaji https://creativecommons.org/licenses/by-sa/4.0
The Hudoq Kita': A Contemporary Reinterpretation of Dayak Kenyah Cosmology in Light of Islamic Legal and Theological Perspectives
This study aims to reinterpret the cosmology of the Hudoq Kita' Dance as an embodied theology within the lived experience of the Dayak Kenyah community, while also examining its relevance from the perspectives of Islamic law and theology in the contemporary era. To date, the Hudoq Kita' Dance has generally been understood as a symbolic–cultural ritual, whereas its theological and normative dimensions—particularly in dialogue with Islamic tradition—have received limited systematic scholarly attention. Employing a qualitative methodology, this research adopts ethnographic and normative–theological approaches. Data were collected through literature review, visual documentation analysis, and symbolic interpretation of movement patterns, masks, and ritual structures in the Hudoq Kita' Dance. The analysis integrates Dayak Kenyah cosmology with Islamic theological frameworks, particularly concepts regarding the relationships among humans and God, nature, and the social community. The findings indicate that the Hudoq Kita' Dance represents a cosmological worldview that emphasizes ecological harmony, collective responsibility, and spiritual consciousness as foundational elements of social life. These values resonate with the principles of tawḥīd rubūbiyyah, the concept of khalīfah fī al-arḍ, and environmental ethics within Islamic theology. From the perspective of Islamic law, the practice of the Hudoq Kita' Dance may be understood as an expression of local wisdom that does not contradict the objectives of Islamic law (maqāṣid al-sharīʿah), provided that it is interpreted symbolically and contextually and does not involve elements of shirk or violations of fundamental creedal principles. The significance of this study lies in its contribution to expanding culturally grounded scholarship in Islamic law and theology, strengthening dialogical approaches between Islam and indigenous traditions, and offering a conceptual framework for the development of an inclusive, contextually grounded cultural fiqh in Indonesia.
Dayak Kenyah; Embodied Theology; Hudoq Kita'; Islamic Theology; Local Wisdom.
Copyright (c) 2025 Tri Indrahastuti, Trisakti, Arif Hidajad, Setyo Yanuartuti, Rina Martiara https://creativecommons.org/licenses/by-sa/4.0
The Ethical Identity Index Based on Contemporary Maqaṣid al-Sharīʿah in Islamic Banking in Indonesia
Ethical disclosure constitutes a central pillar of accountability in Islamic banking; however, existing measurement tools, particularly the Ethical Identity Index (EII), have not sufficiently captured recent developments in reporting practices within the Indonesian context. Prior studies predominantly employ static ethical frameworks, thereby limiting their responsiveness to evolving governance standards and contemporary interpretations of Islamic ethical principles. This study aims to address this gap by developing a Modified Sharia-Based Ethical Identity Index (MSBEII) grounded in Jasser Auda’s contemporary Maqaṣid al-Sharīʿah framework, which emphasises a dynamic, multidimensional approach to Islamic ethics. This research adopts a quantitative design by analysing annual reports of Islamic banks in Indonesia and comparing ethical disclosure quality before and after the implementation of the MSBEII. The Wilcoxon signed-rank test is utilised to examine statistically significant differences between disclosure scores derived from the original EII and the modified index. The findings demonstrate a significant improvement in ethical disclosure scores following the application of the MSBEII, indicating that the modified index is more sensitive in capturing previously underrepresented ethical dimensions, particularly those related to governance transparency, social responsibility, and value-based compliance. These results confirm that integrating a contemporary Maqaṣid al-Sharīʿah perspective enhances the analytical depth and contextual relevance of ethical disclosure measurement. Theoretically, this study contributes to advancing the Islamic banking literature by bridging the gap between normative Islamic ethical frameworks and empirical assessment tools. Practically, the MSBEII provides a more comprehensive and adaptable instrument for regulators, standard-setters, and industry practitioners to strengthen governance quality and ethical accountability.
Ethical Identity Index; Islamic Banking; Maqaṣid al-Sharīʿah; Sharia Compliance.
Copyright (c) 2025 Amimah Oktarina, Jaka Sriyana, Akhsyim Afandi, Abdul Hakim https://creativecommons.org/licenses/by-sa/4.0
Measuring Contemporary Islamic Banking Sustainability: Integrating ESG and Maqashid al-Syarī‘ah in Indonesia
The measurement of sustainability in Islamic banking in Indonesia remains largely dominated by conventional Environmental, Social, and Governance (ESG) frameworks, which tend to emphasize formal compliance and value-neutral indicators. Such approaches have not fully captured the ethical and normative dimensions embedded in Islamic finance. This study aims to formulate a comprehensive model for measuring the sustainability of contemporary Islamic banking by integrating ESG principles with Islamic value-based sustainability indices, namely the Islamic Corporate Sustainability Practices Index (ICSPI), Islamic Banking Sustainability Performance Index (IBSPI), and Maqāṣid Sharī‘ah Index (MSI). This research employs a mixed-methods approach. The Analytic Network Process (ANP) is utilized to identify and prioritize the most relevant sharia-based sustainability index based on stakeholder perspectives. Furthermore, Structural Equation Modeling–Partial Least Squares (SEM-PLS) is applied to examine the impact of ESG integration and Sharia sustainability models on the financial performance of Islamic banks, as proxied by Return on Assets (ROA) and Return on Equity (ROE). The findings reveal that integrating ESG with a maqāṣid al-sharī‘ah-based sustainability index provides a more holistic and substantive framework for assessing sustainability in Islamic banking. This integrated model not only enhances measurement accuracy but also aligns financial performance with ethical and social objectives rooted in Islamic principles. This study contributes to the advancement of contemporary Islamic economic law by offering a conceptual framework that bridges conventional sustainability metrics with Islamic normative values. Additionally, it provides practical implications for policymakers and industry practitioners in developing more robust, value-oriented sustainability standards within the Islamic banking sector.
ESG, Islamic Banking Sustainability, Maqāṣid al-Sharī‘ah.
Copyright (c) 2026 Edian Fahmy, Muhamad Nadratuzzaman Hosen, Titi Dewi Warninda, Ali Rama, Qeis Aimar https://creativecommons.org/licenses/by-sa/4.0
Preventing Corruption in Government Bodies Under the Laws of Muslim and European Countries in the Contemporary Era
This study examines mechanisms for preventing corruption in contemporary governance through a comparative analysis of Islamic and European legal frameworks. The research aims to identify normative principles, institutional structures, and regulatory approaches that enhance anti-corruption effectiveness in state authorities, highlighting the influence of religious and secular legal norms. A comparative legal method was employed to analyse primary legal sources, institutional models, financial control systems, and sanctioning approaches. In Muslim countries, Sharia principles are integrated with national legislation to regulate anti-corruption measures, as seen in the United Arab Emirates, where strict criminal sanctions for bribery are reinforced by digital control of public services. In contrast, European countries, exemplified by France under the Sapin II Law (2016), implement mandatory corporate compliance programs within a secular legal framework and emphasise institutional transparency and accountability. Statistical indicators, including the Transparency International Corruption Perception Index for 2020–2025, were examined alongside the operational practices of specialised anti-corruption bodies. Findings reveal that the effectiveness of anti-corruption measures depends not only on sanction severity but also on the comprehensiveness of legal regulation, institutional independence, and societal intolerance for corruption. Muslim countries achieve notable results when religious principles are combined with modern management tools, while European countries excel through systematic preventive policies, transparency, and accountability mechanisms. The study highlights both commonalities and divergences between the two legal models and outlines opportunities to adapt selected elements of foreign anti-corruption practices to the Ukrainian context. This comparative approach contributes to the scholarly understanding of how legal, institutional, and cultural factors jointly shape corruption prevention, offering insights for policymakers seeking to strengthen governance frameworks in diverse socio-legal settings.
Anti-Corruption, European Law, Governance, Islamic Law, Public Service.
Copyright (c) 2026 Tetiana Kolomoiets, Denys Chyzhov, Andriy Osaulenko, Serhii Kushnir, Vyacheslav Krahlevych https://creativecommons.org/licenses/by-sa/4.0
Reframing Medical Malpractice Resolution: Restorative Justice between Indonesian Criminal Law and Iṣlāḥ in Contemporary Islamic Law
The enactment of Law Number 1 of 2023 on the Indonesian Criminal Code marks a shift in Indonesia’s criminal justice paradigm from retributive punishment toward restorative justice, emphasizing victim recovery, proportional accountability, and substantive justice. This transformation is particularly relevant to medical malpractice cases, which involve complex intersections of professional standards, medical ethics, and patient rights. Conventional punitive approaches have often failed to ensure victim restoration while risking excessive criminalization of medical practitioners. This study aims to analyze the application of restorative justice within the Indonesian criminal law system to resolve medical malpractice cases and to comparatively examine its conceptual convergence with the principle of iṣlāḥ in contemporary Islamic law, a peace-oriented dispute-resolution mechanism. This research employs a normative juridical approach by analyzing statutory regulations, legal doctrines, and contemporary Islamic legal scholarship related to restorative justice and iṣlāḥ. The analysis focuses on the philosophical foundations, normative structures, and practical implications of both legal frameworks. The findings reveal that the post-reform Indonesian Criminal Code provides a broader normative space for integrating restorative justice principles into criminal policy, including in the handling of medical malpractice disputes. Meanwhile, iṣlāḥ in contemporary Islamic legal thought emphasizes reconciliation, deliberation, proportional responsibility, and restoration of rights, grounded in Qur’anic values and Prophetic traditions. Comparatively, both frameworks demonstrate a shared restorative orientation that prioritizes balanced protection of victims and practitioners, social harmony, and sustainable conflict resolution, despite differences in epistemological foundations and normative sources. This study contributes to the development of an integrative restorative model by demonstrating the normative compatibility between Indonesian criminal law reform and Islamic legal principles, offering a more equitable, proportionate, and human-centered approach to resolving medical malpractice disputes in contemporary Indonesia.
Islah; Islamic law; Medical Malpractice; Restorative Justice; Sentencing Reform.
Copyright (c) 2026 Hadi Purnomo, Widhi Handoko, Murad Altwaiqat https://creativecommons.org/licenses/by-sa/4.0
Adapting Iraqi Law to Smart Contracts: A Comparative Analysis Incorporating Islamic Law Principles and Consumer Protection in the Contemporary Digital Era
This paper analyzes the opportunities and obstacles to introducing smart contracts into the Iraqi legal framework, focusing on the doctrinal and practical aspects. Smart contracts are self-executing transactions based on blockchain networks, lacking the involvement of intermediaries, and contest the concepts of consent, lawful subject matter, and cause of action in traditional civil-law regimes, as embodied in the Iraqi Civil Contracts Law No. 40 of 1951. Using a descriptive-analytical and comparative research approach, the study assesses Iraqi laws, as well as the experience of other countries, specifically the United States, the European Union, and the United Arab Emirates, in relation to legal recognition, assigning liability, consumer protection, and automated implementation. The conclusions show that the current legal system in Iraq lacks express clauses addressing smart contracts, leading to confusion about the identification of parties, their binding relationships, and penalties for programming errors. A comparative analysis shows that effective regulatory models are characterized by clear legal definitions, judicial capacity-building, regulatory sandboxes, and consumer rights protection. The analysis also draws on Islamic normative concepts (maqāṣid al-sharīʿah), such as ḥifẓ al-māl (wealth preservation), al-ʿadl (justice), and darʾ al-mafsid (hitting back), to support ethical governance, algorithmic responsibility, and risk avoidance. On this basis, the study suggests a balanced legislative framework for Iraq that would uphold classical principles of contract keeping and empower digital innovation by introducing statutory treatment of smart contracts, well-structured liability rules, consumer protection, and institutional reforms. Such a framework promotes the responsible adoption of automated contracts in sectors including e-commerce and financial services, enhances legal predictability, aligns domestic law with cross-border digital practices, and ensures normative legitimacy within an Islamic and international legal context.
Digital Economy; Iraqi Civil Law; Islamic Contract Principles; Legislative Reform.
Copyright (c) 2026 Mahmood Alaloosh, Govar Majed Ahmad, Lara Adel Jabbar https://creativecommons.org/licenses/by-sa/4.0
Halal Tourism Policy in the Contemporary Era: A Maqāṣid al-Sharīʿah Perspective on Regulatory Gaps
This study examines the implementation of halal tourism policies in Indonesia in the contemporary era, which has developed amid regulatory fragmentation and regional-level differences in interpretation, due to the absence of a comprehensive national legal umbrella. Halal tourism is not placed solely as an economic and branding instrument, but as a public legal policy issue related to legal certainty, normative authority, and the achievement of benefits. This research employs normative legal methods, including legislative and conceptual approaches. The analysis was carried out qualitatively through doctrinal interpretation and critical legal reasoning of laws and regulations, regional policies, DSN-MUI fatwas, and relevant academic literature. The results of the study show that the absence of national regulations has given rise to a plurality of halal tourism policy models, ranging from the binding formalisation of Sharia in Aceh, a pragmatic market-based approach in West Nusa Tenggara, to the rejection of halal terminology in Bali, based on the protection of cultural identity. In this context, the DSN-MUI fatwa functions as a normative and ethical authority that is a soft law without juridical binding, so it has not been able to guarantee the consistency of halal tourism governance nationally. An evaluation based on maqasid shari'ah, especially the protection of religion, intellect, and property, shows that halal tourism policies across regions still tend to be symbolic and pragmatic and have not fully realized the benefits or increased the utility of tourists in worldly and ukhrawi (falah) ways. This study concludes that a national policy framework for halal tourism is needed, based on adaptive, inclusive minimum national standards that ensure legal certainty while respecting the plurality of regional cultures. The academic contribution of this research lies in the formulation of a halal tourism legal framework based on maqasid shari'ah that integrates Islamic normative values with the principles of decentralisation and pluralism of Indonesian law.
Implementation; Halal, Maqashid Sharia; Regulation; Tourism.
Copyright (c) 2026 Farid Wajdi, Rizki Firmanda Dardin, Ummi Salamah, Mhd Nurhusein Daulay, Kholidah https://creativecommons.org/licenses/by-sa/4.0
Sport, Spirituality, and Brand Experience: Examining Marathon Participant Loyalty in the Contemporary Islamic Lifestyle Ecosystem
This study examines the interconnections among sport, spirituality, and brand experience in shaping marathon participants' loyalty within the contemporary Islamic lifestyle ecosystem. The increasing emergence of Islamic-themed marathons—incorporating elements of da’wah, charity, and halal-oriented community engagement—indicates that sporting events are no longer perceived solely as arenas of physical competition. Instead, they function as spaces for meaning-making, spiritual connection, and the expression of modern religious identity. Using a phenomenological qualitative approach, this study explores how participants interpret and narrate their experiences in Islamic-themed marathon events. Particular attention is given to how the event’s religious atmosphere, embedded spiritual values, and participants’ interactions with the organisers’ symbols, narratives, and identities cultivate emotional attachment. Data were collected through in-depth interviews, field observations, and analysis of digital documents related to various Islamic running events, allowing for a comprehensive understanding of lived experiences and symbolic engagement. The findings reveal that both personal and communal dimensions of spirituality play a crucial role in reinforcing emotional bonds between participants and event organisers. These bonds extend beyond satisfaction with event quality, shaping a more profound sense of belonging, shared purpose, and value alignment. As a result, participants demonstrate stronger intentions to re-participate and to recommend the events within their social networks. This study contributes to Islamic marketing and consumer culture scholarship by highlighting how contemporary sports practices can be strategically integrated with spiritual values. It shows that within the expanding Islamic lifestyle industry, brand loyalty can be cultivated not only through functional or experiential benefits but also through spiritually meaningful engagement.
Brand Experience, Halal Branding, Islamic Lifestyle, Marathon Loyalty, Spirituality.
Copyright (c) 2026 Yudiarto Perdana Putra, Sudarmiatin, Budi Eko Soetjipto, Cipto Wardoyo, Afif Nur Rahmadi https://creativecommons.org/licenses/by-sa/4.0
The Digital Minbar: Repositioning Religious Authority and the Dynamics of Islamic Law in Contemporary Egypt's Virtual Landscape
The rapid development of digital technology has transformed the production, dissemination, and validation of religious knowledge, posing new challenges to traditional religious institutions in Egypt. This study examines how Al-Azhar and Dar al-Iftaʾ al-Miṣriyyah respond to the emergence of online religious actors who acquire authority through social media rather than through classical academic structures. This research is based on fieldwork and employs a descriptive qualitative design, drawing on sociological and religious-anthropological approaches. Primary data were obtained from leaders and scholars affiliated with Al-Azhar and Dar al-Iftaʾ al-Miṣriyyah, complemented by insights from socio-religious observers in Egypt who are members of the Special Branch of Nahdlatul Ulama (PCINU). Secondary data consist of fatwas and relevant scholarly literature. Data were collected through in-depth interviews and observation and analyzed using inductive qualitative techniques. The findings indicate that the digital space has democratized access to Islamic knowledge, enabling social media influencers, preachers, and informal online scholars to serve as alternative sources of fatwas and religious guidance for Egyptian Muslims. In response, Al-Azhar has prioritized strengthening its academically grounded digital presence, while Dar al-Iftaʾ has pursued a more dynamic strategy by expanding online fatwa services, launching social media campaigns, and developing multilingual outreach programs. At the same time, this study reveals that state regulation and political involvement in Egypt’s digital religious sphere significantly shape both the autonomy and public perception of official religious institutions. This article contributes to the broader discourse on Islamic authority by illustrating how classical institutions negotiate legitimacy amid algorithmic visibility, digital pluralism, and state control.
Al-Azhar; Darul Ifta; Digital Age; Egypt; Religious Authority.
Copyright (c) 2026 Muhammad Latif Fauzi, Imam Mustofa, Ibnu Akbar Maliki, Faiz Husaini https://creativecommons.org/licenses/by-sa/4.0
The Legal Politics of Halal Tourism in Thailand: The Impact of Digital Advertising Interventions on Consumer Intent, Recommendations, and Engagement in the Contemporary Era
This study explores the legal politics of halal tourism in Thailand by highlighting the impact of digital advertising interventions on consumer intent, recommendations, and engagement. Thailand, as a leading global tourist destination, is increasingly expanding its halal tourism sector but faces challenges in aligning the needs of Muslim travelers with effective digital promotion strategies. This research analyzes how digital advertising can influence consumer perceptions and decisions, especially in the contemporary era of globalization and digital transformation. With a qualitative approach, this study uses data from literature studies, interviews with tourism industry players, and analysis of Thai government policies related to halal tourism. The findings show that the right digital advertising interventions can increase Muslim tourists' intention to visit, encourage positive recommendations, and strengthen consumer engagement. In addition, legal policies supporting halal tourism promotion are essential in creating competitive attraction in the global market. The results of this study contribute to the understanding of the political law of halal tourism in Thailand, as well as offer strategic recommendations for the government and industry players to utilize digital advertising in supporting the growth of this sector. The implications of this research are also relevant in building a sustainable halal tourism ecosystem amid the dynamics of the contemporary era.
Legal Politics, Halal Tourism, Digital Advertising, Consumer Engagement, Globalization
Copyright (c) 2024 Immanuel Ustradi Osijo, Fulgentius Danardana Murwani, Ery Tri Djatmika, Sopiah, Rungarun Boonsayan https://creativecommons.org/licenses/by-sa/4.0
Gender Integration in Islamic Politics: Fiqh Siyasah on Women's Political Rights since Classical to Contemporary Interpretations
This study examines the controversy surrounding gender equality in women's political rights in the public sphere. This discussion arises from differing interpretations of existing texts, which have persisted from the classical era to the contemporary period. This study employs normative legal research, utilizing library materials and secondary data as primary sources. It involves reviewing literature, including articles, books, and other relevant resources. The collected data, comprising primary and secondary legal materials, is analyzed qualitatively and presented descriptively. The study finds that Islam upholds gender equality by placing women in a noble and honorable position and affirming their rights and roles as stated in the words of Allah. Among classical Islamic scholars, there is debate about whether women are permitted to hold leadership roles. Imam Malik, Imam Shafi'i, and Ahmad Ibn Hanbal prohibited it, while Imam Abu Hanifah allowed women to lead if they possessed adequate capability and competence. Scholars like Ibn Jarir Al-Tabari and Ibn Hazm also allowed women to assume leadership positions without any conditions. Contemporary scholars, including Ibn Ashur, Yusuf al-Qaradawi, and Quraish Shihab, support women's participation in politics, both in voting and being elected. Yusuf al-Qaradawi, however, set conditions, emphasizing that women must adhere to Islamic ethics, fulfill their duties as wives and mothers, and not violate Sharia principles. If the exercise of women's political rights leads to harm, it is prohibited based on the principle of sadd al-zari'ah. This study contributes to the understanding of Islamic perspectives on gender equality in politics, examining viewpoints from both classical and contemporary scholars. It also provides a discourse on the conditions required for women to exercise their political rights within the framework of Islamic law.
Women, Gender Integration, Islamic Politics, Fiqh Siyasah, Contemporary.
Copyright (c) 2024 Sulastri Caniago, Firdaus, Zainal Azwar, Dian Pertiwi, Dasrizal Marah Nainin https://creativecommons.org/licenses/by-sa/4.0
Reformulating Progressive Fiqh of Talak (Divorce): A Contemporary Study of the Principle of Making Divorce More Difficult in SEMA No. 1 of 2022 for Women's Protection
This study aims to analyze the reformulation of progressive fiqh of Talak (divorce), with a focus on SEMA No. 1 of 2022, which emphasizes the principle of making divorce more difficult in the interest of protecting women. In the context of Islamic law, divorce has often been considered a unilateral right controlled by the husband, potentially neglecting the rights of women. SEMA No. 1 of 2022 was introduced as a response to this issue, offering a fairer and more just approach for all parties involved. This research employs a library research method, reviewing legal literature, official documents, as well as the views of legal scholars and practitioners regarding the implementation of this policy. The analysis results show that the reformulation of the fiqh of divorce in SEMA No. 1 of 2022 provides a better platform for protecting women's rights in divorce proceedings, including encouragement for mediation and peaceful dispute resolution. Furthermore, this study identifies challenges in the application of this principle on the ground, including cultural and social resistance. This research is expected to contribute to the development of family law in Indonesia that is more responsive to the needs of women, as well as to raise awareness of the importance of justice for all parties in the context of divorce. This study serves as an important reference for further research on fiqh of divorce and women's protection policies within the framework of contemporary Islamic law.
Divorce, Khulu', Progressive, SEMA, Women Protection.
Copyright (c) 2024 Laras Shesa, Muhammad Abu Dzar, Elkhairati, Henny Septia Utami https://creativecommons.org/licenses/by-sa/4.0
Transformation of Public Trust in Restorative Justice by the Prosecutor's Office: An Islamic and Social Law Approach in the Contemporary Era
This study examines the transformation of public trust in implementing restorative justice by the prosecutor's office in Indonesia, particularly in a contemporary era that demands a more inclusive and responsive legal approach. Using a qualitative approach, this research combines insights from Islamic law and social studies to examine the factors influencing public trust in restorative justice and the prosecutor's role in resolving conflicts and promoting social harmony. The study gathers insights through in-depth interviews with legal academics, prosecutorial practitioners, and community representatives, aiming to understand their perceptions of the effectiveness and fairness of the restorative justice process. From the Islamic law perspective, the study highlights a normative framework rooted in values of justice, consultation (shura), and restoration (islah), which closely align with the core principles of restorative justice. Social studies provide additional depth by exploring the influence of individual experiences, legal awareness, and public perceptions of the prosecutor's office on trust dynamics. The findings indicate a gradual increase in public trust in restorative justice within Indonesia, reflecting growing acceptance of its potential as an alternative to conventional punitive measures. However, significant challenges persist, particularly regarding transparency and consistency in its implementation by the prosecutor's office. Studies on similar cases worldwide reveal that transparent processes and accountability are essential for maintaining public confidence, underscoring the importance of addressing these gaps in Indonesia. By positioning restorative justice as a culturally resonant and equitable alternative within Indonesia's legal framework, the study provides actionable insights for policymakers and practitioners striving to create a justice system that aligns with societal needs and ethical values.
Islamic Law, Prosecutor's Office, Public Trust, Restorative Justice, Social Law
Copyright (c) 2024 Hadi Sucipto, Falih Suaedi, Erna Setijaningrum, Mia Amiati, Rachmat Suhaimi Nasution https://creativecommons.org/licenses/by-sa/4.0
Geopolitics and Muslim Countries: Navigating Challenges and Opportunities in Contemporary International Political Dynamics
This study aims to analyze the role of Muslim countries in global geopolitics and how they navigate challenges while capitalizing on opportunities amid the international political dynamics in the era of globalization. As the world order undergoes significant shifts, Muslim countries face complex issues such as geopolitical tensions, regional conflicts, major power interventions, and changing strategic alliances. However, they also have opportunities to strengthen their diplomatic and economic positions through international collaboration, investment, and active roles in multilateral organizations. Using a qualitative analysis approach, this research examines foreign policy, diplomatic strategies, and international relations dynamics of Muslim countries, including their role in organizations like the Organization of Islamic Cooperation (OIC) and their relations with major powers like the United States, China, and Russia. The study employs a qualitative analysis approach with a literature review method. Data is sourced from secondary materials such as academic journals, books, policy reports, and articles relevant to the geopolitical issues of Muslim countries. This approach enables the researcher to analyze various foreign policies, diplomatic strategies, and dynamics in international relations. The data is then analyzed using a descriptive-analytical approach to explore the role of Muslim countries in global geopolitics and how they tackle challenges while leveraging opportunities in the era of globalization. The findings indicate that despite significant challenges, Muslim countries possess the potential to act as critical players in global geopolitics if they can optimize available opportunities, such as enhancing economic cooperation and diplomacy based on shared interests.
Contemporary International Political, Diplomatic Strategy, Geopolitics, Globalization, Muslim Countries.
Copyright (c) 2024 Yahdi Qolbi, M. Ibnu Ashari. R, Diana, Imaro Sidqi https://creativecommons.org/licenses/by-sa/4.0
Identity Politics and Polarization in Contemporary Muslim Countries: The Impact of Elections, Social Media, and Global Dynamics
This article examines the growing influence of identity politics and polarization in contemporary Muslim countries, focusing on the impact of elections, the widespread role of social media, and global dynamics. As political systems in the Muslim world become more fragmented, identity-based movements—often rooted in ethnic, religious, or sectarian affiliations—have gained significant prominence. These dynamics have heightened political polarization when intertwined with electoral processes, shaping voter behaviour and policymaking. The rise of social media has further transformed political engagement, both as a platform for grassroots activism and a tool for spreading misinformation that deepens societal divisions. This research uses a qualitative approach with literature analysis to explore the relationship between identity politics and polarization in contemporary Muslim countries, focusing on elections, social media, and global dynamics. The findings highlight the urgent need for effective strategies to reduce polarization and promote inclusive governance. Often fueled by identity-based divisions and amplified by social media, polarisation poses serious threats to political and social stability. In today's interconnected world, these divisions extend beyond local and national politics, influencing international relations and regional security. Addressing these challenges requires a comprehensive approach that fosters open dialogue, strengthens democratic institutions, counters misinformation, and raises public awareness to bridge societal gaps. Inclusive governance also demands policies that engage marginalized groups, ensuring fair representation and addressing the root causes of polarization. By adopting these measures, Muslim-majority countries can work toward more excellent political stability and social cohesion.
Identity Politics, Global Dynamics, Muslim Countries, Social Media, Polarization.
Copyright (c) 2024 Helena Octavianne, Fendy Suhariadi, Mohammad Fakhruddin Mudzakkir, Donny Trianto, Dwi Sulastyawati https://creativecommons.org/licenses/by-sa/4.0
Policy Implications of the TikTok Shop E-Commerce Platform in the Contemporary Era: A Siyasah Syar'iyyah Perspective
This study explores the policy implications of the TikTok Shop e-commerce platform in the contemporary era through the lens of Siyasah Syar'iyyah. As one of the fastest-growing e-commerce platforms, TikTok Shop has significantly influenced the dynamics of digital transactions and interactions between consumers and businesses. However, with the rapid pace of digital transformation, there is a need for policy evaluation that effectively regulates transactions and aligns with Shariah principles. The research adopts an empirical juridical approach, employing field studies and in-depth interviews as the primary methods for data collection. Interviews were conducted with Islamic economic experts, e-commerce practitioners, and relevant policymakers. The findings indicate that existing TikTok Shop policies can be aligned with Siyasah Syar'iyyah principles by emphasizing justice (al-‘adalah) and public benefit (al-Maslahah). This includes ensuring equal opportunities for small and medium-sized enterprises (SMEs) and other small-scale entrepreneurs and maintaining that products sold meet Shariah standards, such as being halal and providing transparent product information. However, key challenges in implementing Shariah-based regulations include monitoring the dynamic content and transactions on the platform and addressing the use of algorithms that may be unfair or manipulative. To address these challenges, strict yet adaptive regulations are needed to keep up with technological advancements. The academic contribution of this study lies in advancing a more relevant and practical application of Siyasah Syar'iyyah for regulating digital platforms in the modern era. Furthermore, it provides policy recommendations to create a fairer, more transparent e-commerce ecosystem that upholds Shariah values, delivering long-term benefits for society and the global digital industry.
Contemporary, E-Commerce, Policy, Siyasah Syar'iyyah, TikTok Shop.
Copyright (c) 2024 Aneka Rahma, Khairuddin, Anita Niffilayani, Mohammad Eisa Ruhullah https://creativecommons.org/licenses/by-sa/4.0
Fiqh Tolerance in a Contemporary Context: The Response of State Islamic Religious University Students to Religious Extremism
This study examines the application of fiqh tolerance in State Islamic Higher Education Institutions (PTKIN) within the context of contemporary challenges. The research focuses on student responses to religious extremism in Indonesia, which has become increasingly relevant in the era of digital media and globalization. This field study uses data collection methods, including interviews and documentation. Three key findings emerged from this study. First, most students firmly reject religious extremism, although a minority still supports it due to misinformation and the influence of narratives spread through digital media. Second, extremist recruitment strategies in PTKIN are carried out through religious activities, social media, and the dissemination of extremist ideologies through various channels, such as books, journals, and financial support, which have become more sophisticated using information technology. Third, preventive measures involve strengthening academic and non-academic understanding, including integrating religious moderation values into the curriculum, conducting seminars and training, and empowering student organizations to build resilience against extremism within the PTKIN environment. The academic contribution of this study lies in aligning fiqh tolerance with contemporary challenges, particularly in dealing with digital-based extremism, which has become more complex. This research offers a new perspective by integrating religious and social approaches to raise collective awareness among students at PTKIN. Furthermore, the findings enrich academic discourse by providing concrete recommendations for strengthening curricula based on religious moderation and developing adaptive preventive strategies in response to social and technological changes. This makes the study theoretically and practically relevant in creating a more inclusive and resilient higher education environment.
Contemporary Context, Fiqh Tolerance, Understanding Religious Extremism.
Copyright (c) 2024 Supardi Mursalin, Hamdan, Robeet Thadi, Mohamad Salik, M. Fijar Ishlahul Ummah https://creativecommons.org/licenses/by-sa/4.0
The Problems of Neuroparenting Based on Contemporary Islamic Family Law
Parenting in the family has an impact on the child in all aspects. A contemporary approach to child care will produce an effective and appropriate model for current conditions. Neuroparenting is a contemporary parenting model that is starting to be adopted by many families, especially in Indonesia. This article aims to examine the concept of neuroparenting and find its relevance to contemporary Islamic family law. This article is a qualitative descriptive research whose data was collected from related literature. Literature data was obtained from journals and books that discuss neuroparenting and contemporary Islamic family law, which focuses on discussing the purpose of Islamic law (maqāshid al- al-sharīah). The data was then reduced, presented, and analyzed using an inductive method using hadanah theory and maqāshid al-sharīah to conclude. The research results show that parenting today cannot be separated from developments in science and technology, including neuroparenting. Neuroparenting is a parenting model that uses a medical approach to neuroscience studies. Neuroparenting helps direct child care tailored to gender, age, existing facilities, and infrastructure in the family, especially parents. The implementation of neuroparenting has been under the goals of Islamic law as a form of integration of contemporary science
Childcare, Contemporary Islamic Family Law, Maqāshid al-Shari'ah, Neuroparenting.
Copyright (c) 2024 Ahmad Fauzan, Ilma Silmi Nufus https://creativecommons.org/licenses/by-sa/4.0
Contemporary Challenges for Sharia Financial Institutions to Increase Competitiveness and Product Innovation Perspective of Sharia Economic Law: Evidence in Indonesia
Globalisation and technological advancement present contemporary challenges for Indonesia's Sharia Financial Institutions (LKS) in maintaining competitiveness and innovating. This study examines these challenges, including the acceleration of financial technology (fintech), regulatory changes, and rising consumer expectations for inclusive and efficient services. LKS is required to continuously innovate and create products that meet the needs of a dynamic market while still following the principles of Sharia economic law. This research discusses how LKS integrates fintech and Islamic financial technology in their operations. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through a literature study and document analysis related to government regulations and policies regarding Sharia Financial Institutions. The literature study and document analysis also included laws and regulations related to Islamic finance, Islamic economic law regulations, academic articles (journals), and books that discuss product innovation and competitiveness challenges of Sharia Financial Institutions. This study found that regulations such as the Financial Services Authority Regulation (POJK) and the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) provide a legal basis to support such innovation. However, LKS still faces challenges such as competition with conventional financial institutions, regulatory changes, and technological disruption. To remain competitive, LKS must adjust innovations such as Sharia fintech and crowdfunding following Sharia principles. In addition, public education on Sharia products is also important to increase financial inclusion. Through innovations such as factoring, bespoke financing, and solutions for online businesses, LKS can improve efficiency and empower small businesses while contributing to sustainable economic growth.
Contemporary Challenges, Competitiveness, Islamic Financial Institutions, Product Innovation.
Copyright (c) 2024 Fadli Daud Abdullah, Doli Witro, Misbahul Munir Makka, Muhamad Sadi Is, Syahid Mujahid Wiwaha https://creativecommons.org/licenses/by-sa/4.0
Legal Innovation in Religious Courts: The Potential Utilization of Artificial Intelligence (AI) in Resolving Contemporary Cases
Religious courts face complex challenges in resolving contemporary cases, such as marital disputes, inheritance distribution, and conflicts in Sharia-based economic matters. In the digital era, Artificial Intelligence (AI) offers innovative solutions to enhance the efficiency and accuracy of legal processes. This study employs a qualitative method with a descriptive-analytical approach to explore the potential use of AI in religious courts. Data was collected through literature reviews and document analysis, focusing on AI applications in inheritance calculations based on Islamic faraidh law, virtual dispute mediation, and Sharia contract analysis. The analysis follows the Miles and Huberman framework, involving data reduction, display, and conclusion drawing. Data validation was carried out through source triangulation to ensure the accuracy and credibility of the findings. The research findings reveal that AI can support digitalizing legal processes in religious courts, such as managing electronic documents, predicting rulings based on legal precedents, and monitoring compliance with sharia principles. Additionally, AI can potentially improve the efficiency of dispute mediation through digital platforms and facilitate automated inheritance calculations in line with Islamic law. However, implementing AI presents challenges, including inadequate regulations, potential algorithmic bias, and compatibility with Islamic legal values. This study’s academic contribution provides a new perspective on integrating modern technology with Islamic law, particularly within the religious court system. The findings are expected to serve as a foundation for developing strategic policies to support AI implementation in Islamic legal systems, addressing societal needs in the contemporary era.
Legal Innovation, Religious Courts, Artificial Intelligence (AI), Contemporary Case
Copyright (c) 2024 Sukindar, Hendrik Kusnianto, Sarikun, Benhard Kurniawan Pasaribu, Muhd Syahazizamir bin Sahmat https://creativecommons.org/licenses/by-sa/4.0
Contemporary Islamic Economic Law on Legal Protection for Bankrupt Guarantors: Comparative Insights from Common Law and Asian Jurisdictions
The legal protection of guarantors declared bankrupt or suspended from debt payment obligations (PKPU), together with the principal debtor, remains a critical yet underexplored issue in Indonesian insolvency law. This study examines the scope and adequacy of such protections under contemporary Islamic economic law, providing comparative insights from selected common law and Asian jurisdictions. Employing a normative juridical approach combined with comparative legal analysis, the research analyses statutory provisions, judicial precedents, and doctrinal interpretations. The study highlights the imbalance of liability between guarantors and debtors, the absence of explicit safeguards under Law No. 37 of 2004 on Bankruptcy and PKPU, and the resulting implications for creditor rights and economic justice. Comparative analysis draws from the United Kingdom and United States (standard law systems) and Singapore, Japan, and Malaysia (Asian jurisdictions), revealing more structured protections for guarantors, including mechanisms such as independent liability, automatic stay, and negotiated debt restructuring. The findings indicate that Indonesia's current framework inadequately recognises the secondary and derivative nature of guarantor obligations, exposing them to disproportionate risk. This study contributes to the academic discourse by integrating contemporary Islamic economic principles into the analysis of insolvency law, providing a normative framework for reform and offering comparative insights that can inform both legislation and future research on guarantor protection. The study recommends legislative reform to explicitly regulate guarantor protection, integrating principles of proportionality, good faith, and balanced creditor–debtor relations, in line with contemporary Islamic economic law.
Legal Protection, Guarantor, Bankruptcy, Islamic Economic Law.
Copyright (c) 2025 Bambang Sugeng Ariadi Subagyono, Ermanto Fahamsyah, Hariyanto Sururi, Amaliyah https://creativecommons.org/licenses/by-sa/4.0
The Role of Maslahah Mursalah in Strengthening Religious Moderation: A Contemporary Approach to Mitigating Radicalism in State Islamic Universities in Indonesia
State Islamic Universities (Universitas Islam Negeri/UIN) in Indonesia function as transformative arenas for the development of Islamic thought and movements that actively counter radicalism and extremist ideologies. This study employs a qualitative approach with an exploratory descriptive design, utilizing a case study methodology. Data were collected through field observations and in-depth interviews with nine purposively selected informants, including the head, secretary, and administrative staff of Ma’had Al-Jami’ah. The data were analyzed using content analysis informed by social theory to capture both normative and practical dimensions of religious moderation. The findings demonstrate that the concept of Maslahah Mursalah plays a central role in shaping the religious moderation programs implemented at Ma’had Al-Jami’ah. This principle serves as a flexible legal-ethical framework that enables Islamic teachings to respond constructively to contemporary social challenges. Core religious subjects—such as theology (ʿaqīdah), ethics (akhlāq), and Islamic law (sharīʿah)—are not taught rigidly but are interpreted contextually to address present-day realities. For instance, the concept of jihad is redefined beyond its narrow association with armed struggle and expanded to include intellectual endeavors (ṭalab al-ʿilm), scientific advancement, and technological innovation. This reinterpretation encourages students to view knowledge production and social contribution as integral forms of religious commitment. This study contributes significantly to the discourse on religious moderation in Islamic higher education by offering empirical insights into institutional strategies that foster moderation, resilience, and responsiveness to contemporary societal issues.
Maslahah Mursalah; Religious Moderation; Radicalism; State Islamic University.
Copyright (c) 2026 Agus Hermanto, Gesit Yudha, Siti Nurjanah, Agustiyara https://creativecommons.org/licenses/by-sa/4.0