MILRev: Metro Islamic Law Review
type: channel
description: 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 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 Sharia, IAIN Metro Citation Analysis |SCOPUS|SINTA 2| DOAJ| Google Scholar| Garuda | Moraref | Crossref | Dimension|EBSCO|OpenAlex| Address Journal Center of IAIN Metro, 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, Institut Agama Islam Negeri Metro, 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…
publisher: Faculty of Sharia, IAIN Metro
language: en
publication name: MILRev: Metro Islamic Law Review
issn: 2986-528X
items: The Digital Minbar: Repositioning Religious Authority and the Dynamics of Islamic Law in Contemporary Egypt's Virtual Landscape
items: The Legal Politics of Halal Tourism in Thailand: The Impact of Digital Advertising Interventions on Consumer Intent, Recommendations, and Engagement in the Contemporary Era
items: Gender Integration in Islamic Politics: Fiqh Siyasah on Women's Political Rights since Classical to Contemporary Interpretations
items: 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
items: Transformation of Public Trust in Restorative Justice by the Prosecutor's Office: An Islamic and Social Law Approach in the Contemporary Era
items: Geopolitics and Muslim Countries: Navigating Challenges and Opportunities in Contemporary International Political Dynamics
items: Identity Politics and Polarization in Contemporary Muslim Countries: The Impact of Elections, Social Media, and Global Dynamics
items: Policy Implications of the TikTok Shop E-Commerce Platform in the Contemporary Era: A Siyasah Syar'iyyah Perspective
items: Fiqh Tolerance in a Contemporary Context: The Response of State Islamic Religious University Students to Religious Extremism
items: The Problems of Neuroparenting Based on Contemporary Islamic Family Law
items: Contemporary Challenges for Sharia Financial Institutions to Increase Competitiveness and Product Innovation Perspective of Sharia Economic Law: Evidence in Indonesia
items: Legal Innovation in Religious Courts: The Potential Utilization of Artificial Intelligence (AI) in Resolving Contemporary Cases
items: Contemporary Islamic Economic Law on Legal Protection for Bankrupt Guarantors: Comparative Insights from Common Law and Asian Jurisdictions
items: The Role of Maslahah Mursalah in Strengthening Religious Moderation: A Contemporary Approach to Mitigating Radicalism in State Islamic Universities in Indonesia
items: Contemporary Reassessment of Punishment in Islamic and Secular Law: A Comparative Study of Justice and Penal Philosophy
items: Digital Empowerment and E-Commerce Adoption among Handicraft SMEs: A Contemporary Islamic Economic Law Study Using the TOE Framework
items: Revitalising Maskan during ʿIddah: A Fiqh Analysis of Contemporary Post-Divorce Challenges in Indonesia
items: Legal Protection of Secured Creditors in Contemporary Bankruptcy: A Comparative Study of Positive Law and Islamic Law
items: A Contemporary Socio-Legal Evaluation of Indonesia's Post-Reformation Child Marriage Policies
items: The Childfree Discourse in Contemporary Islamic Family Law and Human Rights: Insights from Young Muslim Academics in Indonesia
items: Gender Justice in Child Custody Disputes: The Maqāṣid al-Sharī‘ah Approach in Contemporary Judicial Practice
items: Judicial Neutrality in Corruption Trials: A Contemporary Islamic Law Perspective on Independence in Transitional Legal Systems
items: Harmonizing Contemporary International Commercial Law with Sharia-Based National Legal Systems: A Comparative Study of Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia
items: Contemporary Islamic Legal Perspectives on Qualification Policy Politics in Indonesia
items: Safeguarding Maritime Sovereignty: Comparative Law Enforcement against Illegal Fishing in Positive and Contemporary Islamic Law
items: Constructive Criticism of the Role of Sharia Advocates in Legal Aid in the Contemporary Era
items: Reconstructing Wage Law in the Contemporary Era: A Pancasila Justice and Maqāṣid al-Sharī‘ah Perspective
items: Sharia Compensation Schemes and Employee Performance in Contemporary Islamic Economics
items: Psychological Recovery of Crime Victims within Contemporary Restorative Justice: An Islamic Legal Perspective
items: Reinterpreting Ḥifẓ al-nasl in Contemporary Marriage Contracts: Navigating Islamic Normativity and State Law

The Digital Minbar: Repositioning Religious Authority and the Dynamics of Islamic Law in Contemporary Egypt's Virtual Landscape
type: item
description: 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.
subject: Articles
  topic: section
subject: Al-Azhar; Darul Ifta; Digital Age; Egypt; Religious Authority.
  topic: keywords
creator: Muhammad Latif Fauzi
creator: Imam Mustofa
creator: Ibnu Akbar Maliki
creator: Faiz Husaini
rights: Copyright (c) 2026 Muhammad Latif Fauzi, Imam Mustofa, Ibnu Akbar Maliki, Faiz Husaini https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-18
publication date: 2026-01-18
starting page: 178
ending page: 209
doi: 10.32332/milrev.v5i1.11109

The Legal Politics of Halal Tourism in Thailand: The Impact of Digital Advertising Interventions on Consumer Intent, Recommendations, and Engagement in the Contemporary Era
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal Politics, Halal Tourism, Digital Advertising, Consumer Engagement, Globalization
  topic: keywords
creator: Immanuel Ustradi Osijo
creator: Fulgentius Danardana Murwani
creator: Ery Tri Djatmika
creator: Sopiah
creator: Rungarun Boonsayan
rights: Copyright (c) 2024 Immanuel Ustradi Osijo, Fulgentius Danardana Murwani, Ery Tri Djatmika, Sopiah, Rungarun Boonsayan https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 320
ending page: 342
doi: 10.32332/milrev.v3i2.9992

Gender Integration in Islamic Politics: Fiqh Siyasah on Women's Political Rights since Classical to Contemporary Interpretations
type: item
description: 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.
subject: Articles
  topic: section
subject: Women, Gender Integration, Islamic Politics, Fiqh Siyasah, Contemporary.
  topic: keywords
creator: Sulastri Caniago
creator: Firdaus
creator: Zainal Azwar
creator: Dian Pertiwi
creator: Dasrizal Marah Nainin
rights: Copyright (c) 2024 Sulastri Caniago, Firdaus, Zainal Azwar, Dian Pertiwi, Dasrizal Marah Nainin https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 411
ending page: 431
doi: 10.32332/milrev.v3i2.9962

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
type: item
description: 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.
subject: Articles
  topic: section
subject: Divorce, Khulu', Progressive, SEMA, Women Protection.
  topic: keywords
creator: Laras Shesa
creator: Muhammad Abu Dzar
creator: Elkhairati
creator: Henny Septia Utami
rights: Copyright (c) 2024 Laras Shesa, Muhammad Abu Dzar, Elkhairati, Henny Septia Utami https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-13
publication date: 2024-12-13
starting page: 236
ending page: 262
doi: 10.32332/milrev.v3i2.9950

Transformation of Public Trust in Restorative Justice by the Prosecutor's Office: An Islamic and Social Law Approach in the Contemporary Era
type: item
description: 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.
subject: Articles
  topic: section
subject: Islamic Law, Prosecutor's Office, Public Trust, Restorative Justice, Social Law
  topic: keywords
creator: Hadi Sucipto
creator: Falih Suaedi
creator: Erna Setijaningrum
creator: Mia Amiati
creator: Rachmat Suhaimi Nasution
rights: Copyright (c) 2024 Hadi Sucipto, Falih Suaedi, Erna Setijaningrum, Mia Amiati, Rachmat Suhaimi Nasution https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 364
ending page: 387
doi: 10.32332/milrev.v3i2.9938

Geopolitics and Muslim Countries: Navigating Challenges and Opportunities in Contemporary International Political Dynamics
type: item
description: 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.
subject: Articles
  topic: section
subject: Contemporary International Political, Diplomatic Strategy, Geopolitics, Globalization, Muslim Countries.
  topic: keywords
creator: Yahdi Qolbi
creator: M. Ibnu Ashari. R
creator: Diana
creator: Imaro Sidqi
rights: Copyright (c) 2024 Yahdi Qolbi, M. Ibnu Ashari. R, Diana, Imaro Sidqi https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-13
publication date: 2024-12-13
starting page: 217
ending page: 235
doi: 10.32332/milrev.v3i2.9910

Identity Politics and Polarization in Contemporary Muslim Countries: The Impact of Elections, Social Media, and Global Dynamics
type: item
description: 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.
subject: Articles
  topic: section
subject: Identity Politics, Global Dynamics, Muslim Countries, Social Media, Polarization.
  topic: keywords
creator: Helena Octavianne
creator: Fendy Suhariadi
creator: Mohammad Fakhruddin Mudzakkir
creator: Donny Trianto
creator: Umar Chamdan
rights: Copyright (c) 2024 Helena Octavianne, Fendy Suhariadi, Mohammad Fakhruddin Mudzakkir, Donny Trianto, Dwi Sulastyawati https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-16
publication date: 2024-12-16
starting page: 263
ending page: 286
doi: 10.32332/milrev.v3i2.9909

Policy Implications of the TikTok Shop E-Commerce Platform in the Contemporary Era: A Siyasah Syar'iyyah Perspective
type: item
description: 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.
subject: Articles
  topic: section
subject: Contemporary, E-Commerce, Policy, Siyasah Syar'iyyah, TikTok Shop.
  topic: keywords
creator: Aneka Rahma
creator: Khairuddin
creator: Anita Niffilayani
creator: Mohammad Eisa Ruhullah
rights: Copyright (c) 2024 Aneka Rahma, Khairuddin, Anita Niffilayani, Mohammad Eisa Ruhullah https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 343
ending page: 363
doi: 10.32332/milrev.v3i2.9859

Fiqh Tolerance in a Contemporary Context: The Response of State Islamic Religious University Students to Religious Extremism
type: item
description: 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.
subject: Articles
  topic: section
subject: Contemporary Context, Fiqh Tolerance, Understanding Religious Extremism.
  topic: keywords
creator: Supardi Mursalin
creator: Hamdan
creator: Robeet Thadi
creator: Mohamad Salik
creator: M. Fijar Ishlahul Ummah
rights: Copyright (c) 2024 Supardi Mursalin, Hamdan, Robeet Thadi, Mohamad Salik, M. Fijar Ishlahul Ummah https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 287
ending page: 319
doi: 10.32332/milrev.v3i2.9866

The Problems of Neuroparenting Based on Contemporary Islamic Family Law
type: item
description: 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
subject: Articles
  topic: section
subject: Childcare, Contemporary Islamic Family Law, Maqāshid al-Shari'ah, Neuroparenting.
  topic: keywords
creator: Ahmad Fauzan
creator: Ilma Silmi Nufus
rights: Copyright (c) 2024 Ahmad Fauzan, Ilma Silmi Nufus https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-11
publication date: 2024-12-11
starting page: 198
ending page: 216
doi: 10.32332/milrev.v3i2.9791

Contemporary Challenges for Sharia Financial Institutions to Increase Competitiveness and Product Innovation Perspective of Sharia Economic Law: Evidence in Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Contemporary Challenges, Competitiveness, Islamic Financial Institutions, Product Innovation.
  topic: keywords
creator: Fadli Daud Abdullah
creator: Doli Witro
creator: Misbahul Munir Makka
creator: Muhamad Sadi Is
creator: Syahid Mujahid Wiwaha
rights: 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
date: 2024-12-06
publication date: 2024-12-06
starting page: 141
ending page: 173
doi: 10.32332/milrev.v3i2.9202

Legal Innovation in Religious Courts: The Potential Utilization of Artificial Intelligence (AI) in Resolving Contemporary Cases
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal Innovation, Religious Courts, Artificial Intelligence (AI), Contemporary Case
  topic: keywords
creator: Sukindar
creator: Hendrik Kusnianto
creator: Sarikun
creator: Benhard Kurniawan Pasaribu
creator: Muhd Syahazizamir bin Sahmat
rights: Copyright (c) 2024 Sukindar, Hendrik Kusnianto, Sarikun, Benhard Kurniawan Pasaribu, Muhd Syahazizamir bin Sahmat https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 388
ending page: 410
doi: 10.32332/milrev.v3i2.8199

Contemporary Islamic Economic Law on Legal Protection for Bankrupt Guarantors: Comparative Insights from Common Law and Asian Jurisdictions
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal Protection, Guarantor, Bankruptcy, Islamic Economic Law.
  topic: keywords
creator: Bambang Sugeng Ariadi Subagyono
creator: Ermanto Fahamsyah
creator: Hariyanto Sururi
creator: Amaliyah
rights: Copyright (c) 2025 Bambang Sugeng Ariadi Subagyono, Ermanto Fahamsyah, Hariyanto Sururi, Amaliyah https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 1449
ending page: 1470
doi: 10.32332/milrev.v4i2.11897

The Role of Maslahah Mursalah in Strengthening Religious Moderation: A Contemporary Approach to Mitigating Radicalism in State Islamic Universities in Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Maslahah Mursalah; Religious Moderation; Radicalism; State Islamic University.
  topic: keywords
creator: Agus Hermanto
creator: Gesit Yudha
creator: Siti Nurjanah
creator: Agustiyara
rights: Copyright (c) 2026 Agus Hermanto, Gesit Yudha, Siti Nurjanah, Agustiyara https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-01
publication date: 2026-01-01
starting page: 101
ending page: 149
doi: 10.32332/milrev.v5i1.10191

Contemporary Reassessment of Punishment in Islamic and Secular Law: A Comparative Study of Justice and Penal Philosophy
type: item
description: This study offers a contemporary reassessment of punishment in Islamic Sharia and secular legal systems by comparatively examining their classifications, objectives, and underlying penal philosophies. While both frameworks seek to deter crime, uphold justice, and preserve social order, they diverge significantly in epistemological foundations, moral orientation, and modes of legal authority. Employing a qualitative comparative legal approach, this research integrates classical Islamic jurisprudence with contemporary statutory regulations and judicial practices. The analysis moves beyond doctrinal exposition to address current challenges in crime prevention, legal objectivity, proportionality, and the role of state authority in administering punishment. Particular attention is given to the ethical coherence and legitimacy of each system in responding to modern social complexities. The findings reveal that Islamic Sharia—especially through its taʿzīr framework—offers a principled yet flexible penal paradigm that balances deterrence, moral reform, and restorative considerations. Its emphasis on proportionality, judicial discretion, and ethical responsibility reflects a holistic vision of justice consistent with the objectives of the Maqāṣid al-Sharia. Conversely, contemporary secular legal systems increasingly prioritize rehabilitation and utilitarian efficiency but often encounter structural challenges, including sentencing disparities, systemic bias, and susceptibility to political or socioeconomic interests. This study contributes academically by enriching comparative penal theory through an integrative ethical analysis of Sharia and secular models. It demonstrates that Sharia’s justice-oriented framework provides valuable normative insights for contemporary penal reform, particularly in enhancing fairness, accountability, and moral balance within modern criminal justice systems.
subject: Articles
  topic: section
subject: Criminal; Justice; Law; Penal; Taʿzīr.
  topic: keywords
creator: Anis Mashdurohatun
creator: Eid Abed Alhaleem Maslat Harahsheh
creator: Muhammad Irwan Datuiding
creator: Abun Hasbulloh Syambas
creator: Prasetiyo Adhi Wibowo
rights: Copyright (c) 2026 Anis Mashdurohatun, Eid Abed Alhaleem Maslat Harahsheh, Muhammad Irwan Datuiding, Abun Hasbulloh Syambas, Prasetiyo Adhi Wibowo https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-01
publication date: 2026-01-01
starting page: 80
ending page: 100
doi: 10.32332/milrev.v5i1.11887

Digital Empowerment and E-Commerce Adoption among Handicraft SMEs: A Contemporary Islamic Economic Law Study Using the TOE Framework
type: item
description: This study critically examines the integration of the Technology-Organisation-Environment (TOE) framework into digital empowerment practices among handicraft small and medium-sized enterprises (SMEs) from the perspective of contemporary Islamic economic law. The research aims to explore how technological readiness, organisational capacity, and environmental support influence the adoption of e-commerce, while aligning these dynamics with Islamic ethical and legal principles such as fairness (‘adl), transparency (shafāfiyyah), and social welfare (maṣlaḥah). Using a qualitative descriptive approach, this study synthesises empirical findings from relevant literature and case studies of handicraft SMEs that have implemented digital transformation strategies. The analysis reveals that the successful adoption of e-commerce within Islamic legal frameworks depends not only on technological and managerial factors but also on compliance with sharia-based economic values that promote justice, trust, and ethical business practices. The study concludes that integrating the TOE framework into digital empowerment provides a holistic model for sustainable SME development, bridging modern economic innovation with the moral foundations of Islamic law. The academic contribution of this study lies in its interdisciplinary integration of the TOE framework with contemporary Islamic economic jurisprudence, offering a novel analytical model that bridges digital innovation and normative Islamic law. It enriches the discourse on digital transformation in Muslim-majority economies by offering a sharia-compliant perspective on sustainable SME development and policy formulation.
subject: Articles
  topic: section
subject: Digital Empowerment, E-Commerce Adoption, Handicraft SMEs, Islamic economic law.
  topic: keywords
creator: Nuril Aulia Munawaroh
creator: Sudarmiatin
creator: Erry Tri Djatmika
creator: Agus Hermawan
creator: Miftahul Munir
rights: Copyright (c) 2025 Nuril Aulia Munawaroh, Sudarmiatin, Erry Tri Djatmika, Agus Hermawan, Miftahul Munir https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 1427
ending page: 1448
doi: 10.32332/milrev.v4i2.11731

Revitalising Maskan during ʿIddah: A Fiqh Analysis of Contemporary Post-Divorce Challenges in Indonesia
type: item
description: This article explores the role of maskan (post-divorce residential rights) during the ʿiddah period as a meaningful mechanism for post-divorce reconciliation, employing a normative–empirical research design. The study integrates a conceptual analysis of Islamic legal sources with a socio-legal approach that engages contemporary legal practices, mediation processes, and the practical implementation of family law in Indonesia. Rather than treating maskan as an abstract doctrinal provision, this research situates it within the lived experiences of divorcing couples and legal actors. The findings reveal that when maskan is reduced to a mere legal formality, its capacity to foster dialogue, emotional stabilisation, and reconciliation is substantially weakened. In such contexts, residential arrangements during ʿiddah often fail to provide the psychological and relational space necessary for reflection and communication between former spouses. Conversely, empirical evidence shows that residential continuity during the ʿiddah period—when accompanied by effective mediation mechanisms and clear legal safeguards—can help prevent conflict escalation and significantly increase the prospects for marital reconciliation. By engaging contemporary socio-legal realities, this study reframes maskan as a protective and relational institution rather than a static legal rule. Drawing on the objectives of Islamic law (maqāṣid al-sharīʿah), maskan is conceptualised as serving broader aims, including the preservation of family integrity, the protection of human dignity, and the maintenance of social stability. On this basis, the article proposes a contextualised framework that bridges normative Islamic principles with practical legal needs. Policy recommendations include developing community-based transitional housing schemes, institutionalising court-integrated mediation during the ʿiddah period, and enforcing legal protections against unlawful eviction. Reconceptualised in this way, maskan…
subject: Articles
  topic: section
subject: ʿIddah, Maskan, Post-Divorce Reconciliation, Fiqh, Family Law.
  topic: keywords
creator: Muhamad Hasan Sebyar
creator: Anisa Anisa
creator: Hadi Asrori
creator: Sukiati Sukiati
creator: Moh. Buny Andaru Bahy
rights: Copyright (c) 2026 Muhamad Hasan Sebyar, Anisa Anisa, Hadi Asrori, Sukiati Sukiati, Moh. Buny Andaru Bahy https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-06
publication date: 2026-01-06
starting page: 150
ending page: 177
doi: 10.32332/milrev.v5i1.11534

Legal Protection of Secured Creditors in Contemporary Bankruptcy: A Comparative Study of Positive Law and Islamic Law
type: item
description: This article examines the legal protection of secured creditors in contemporary bankruptcy, particularly concerning the execution of collateral during insolvency and the scope of their preferential rights. Under Article 55(1) of Law No. 37 of 2004 on Bankruptcy, secured creditors are granted an exception to the principle of general attachment (sita generalis). The central issue addressed is the extent to which these execution rights may be restricted in practice and how judicial decisions establish legal precedents regarding the sale of collateral. The study employs a normative legal research method combined with a comparative approach, analysing Indonesian positive law alongside Islamic law. Data were obtained through an extensive review of statutory regulations, court decisions, and classical and contemporary Islamic jurisprudence. The findings indicate that although secured creditors hold preferential rights, these rights are not absolute. Unilateral auction sales conducted without curator involvement may be deemed unlawful, as they conflict with the principle of general attachment and undermine the curator’s authority in managing the bankruptcy estate, thereby disadvantaging other creditors. Accordingly, the research underscores the importance of coordination between secured creditors and curators to safeguard the collective interests of all creditors. The article’s academic contribution lies in its comparative analysis, which integrates Indonesian positive law with Islamic law's ethical and justice-oriented principles. By addressing legal certainty and humanitarian values, the study provides fresh insights into protecting secured creditors in bankruptcy. Ultimately, it contributes to the broader discourse on developing fairer, more inclusive, and socially responsive bankruptcy regulations within Indonesia’s plural legal framework.
subject: Articles
  topic: section
subject: Bankruptcy, Creditor, General Attachment (Sita Generalis), Islamic Law.
  topic: keywords
creator: Yuhelson
creator: Nur Hakim
rights: Copyright (c) 2025 Yuhelson, Nur Hakim https://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-30
publication date: 2025-09-30
starting page: 1189
ending page: 1214
doi: 10.32332/milrev.v4i2.11518

A Contemporary Socio-Legal Evaluation of Indonesia's Post-Reformation Child Marriage Policies
type: item
description: This study examines the regulation of child marriage in post-reform Indonesia through a socio-legal approach that integrates the principles of maqāṣid al-sharīʿah. Although recent reforms have raised the minimum age for marriage, existing policies remain inadequate to address fundamental challenges such as gender inequality, educational disparities, and public health risks. Using a doctrinal legal method complemented by content analysis, this research analyses statutory texts, academic literature, and policy documents within a qualitative interpretive paradigm informed by social jurisprudence in its socio-religious context. The findings reveal that child marriage persists due to deeply rooted structural issues, including poverty and gender inequality, which are reinforced by socio-religious norms surrounding marriage, sexuality, and morality. Regulatory inconsistencies and divergences among institutional actors further exacerbate the problem, disproportionately affecting girls. The study argues that efforts to eliminate child marriage require policies aligned with a maqāṣid al-sharīʿah framework that addresses structural root causes and fosters a gender-just transformation of society. In terms of academic contribution, this research bridges Islamic legal theory with contemporary socio-legal challenges, demonstrating how maqāṣid al-sharīʿah can inform progressive policy reform. It contributes to the literature by providing a framework for integrating normative Islamic values with socio-legal interventions, highlighting the interplay between law, culture, and religion in shaping social outcomes. Methodologically, it advances the combination of doctrinal and content analysis within a qualitative interpretive approach, offering a model applicable to other socio-legal issues in Muslim-majority contexts. The study concludes with normative recommendations for reforming child marriage policies in accordance with Islamic legal principles, prioritising the protection, dignity…
subject: Articles
  topic: section
subject: Child Marriage, Legal Reform, Social Policy, Socio-Legal.
  topic: keywords
creator: Asep Saepullah
creator: Abdul Aziz
creator: Ipuk Widayanti
creator: M. Zidny Nafi’ Hasbi
creator: Adamu Abubakar Muhammad
rights: Copyright (c) 2025 Asep Saepullah, Abdul Aziz, Ipuk Widayanti, M. Zidny Nafi’ Hasbi, Adamu Abubakar Muhammad https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 1393
ending page: 1426
doi: 10.32332/milrev.v4i2.10322

The Childfree Discourse in Contemporary Islamic Family Law and Human Rights: Insights from Young Muslim Academics in Indonesia
type: item
description: The childfree phenomenon has triggered critical debates in contemporary Islamic family law and human rights discourses. This study examines the primary narrative constructions of childfree individuals as understood by young academics at State Islamic Higher Education Institutions in Indonesia. This study uses a qualitative approach, employing interviews and focus group discussions with 17 doctoral students from diverse academic backgrounds. Two theoretical frameworks were used: Halverson's Main Narrative Theory was employed to identify primary and alternative narratives in the formation of social meaning related to the childfree phenomenon. Maqāṣid al-sharī‘ah, as the objectives of Islamic law, is used to examine the religious dimension in the formation of contemporary Islamic family law. The research results revealed three narrative configurations. First, the narrative of individual piety, which views children as a divine trust and part of the maqāṣid al-sharī‘ah, specifically ḥifẓ al-naṣl (protection of lineage), perceives childless households as contrary to natural values and the objectives of marriage. Second, the narrative of human rights emphasises bodily autonomy and reproductive freedom for couples in accordance with international principles. Third, the integrative narrative arises from reflective academics who strive to balance individual piety with the principle of public benefit through a contextual approach to tanzīm al-nasl (family planning). This study contributes to Islamic family law policy in Indonesia by promoting more inclusive regulatory formulations and serves as a foundation for religious institutions and policymakers to develop contextual policies addressing contemporary issues.
subject: Articles
  topic: section
subject: Childfree, Human Rights, Individual Piety, Young Academics, Contemporary Issues
  topic: keywords
creator: Khoiruddin Nasution
creator: Zezen Zainul Ali
creator: Mufrod Teguh Mulyo
creator: Syamruddin Nasution
creator: Syaefullah
rights: Copyright (c) 2026 Khoiruddin Nasution, Zezen Zainul Ali, Mufrod Teguh Mulyo, Syamruddin Nasution, Syaefullah https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-01
publication date: 2026-01-01
starting page: 1
ending page: 32
doi: 10.32332/milrev.v5i1.11080

Gender Justice in Child Custody Disputes: The Maqāṣid al-Sharī‘ah Approach in Contemporary Judicial Practice
type: item
description: Child custody disputes (ḥaḍānah) after divorce are a key issue in discussions of gender justice in Islamic family law, especially in Muslim-majority countries, including Indonesia. In this context, this study examines sixteen child custody decisions issued by religious courts in the Banten region, examining how the principles of maqāṣid al-sharī‘ah are applied in legal deliberations and the extent to which these decisions reflect the principles of gender justice and the best interests of the child. Using an integrated socio-legal approach and content analysis, this study examines the construction of legal reasoning from the decisions' content and the surrounding social context. Research findings indicate a shift in the legal reasoning of some judges towards a more substantive and contextual approach, taking into account the emotional, psychological, and social dimensions of children within the framework of hifẓ an-nafs and hifẓ annNasl. However, gender bias remains, including a tendency to place a higher burden of proof on mothers than fathers, and the influence of economic factors, which often outweigh the emotional well-being of the child. This study highlights the essence of incorporating the maqāṣid al-sharīʻah paradigm into judicial practice to ensure fair, responsive, and child-centered decisions. In addition to making a conceptual contribution to the reform of Islamic family law grounded in maqāṣid values, this study also recommends applying more appropriate jurisprudential guidelines to judges in adjudicating haḍānah cases, thereby consistently upholding the principles of substantive justice and gender equality.
subject: Articles
  topic: section
subject: Gender Justice, Child Custody, Maqāṣid al-Sharī‘ah, Contemporary Judicial Practice
  topic: keywords
creator: Farida Nurun Nazah
creator: Restia Gustiana
creator: Tobibatus Saadah
creator: Ahmad Suryadi
rights: Copyright (c) 2025 Farida Nurun Nazah, Restia Gustiana, Tobibatus Saadah, Ahmad Suryadi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-10
publication date: 2025-11-10
starting page: 1328
ending page: 1358
doi: 10.32332/milrev.v4i2.10790

Judicial Neutrality in Corruption Trials: A Contemporary Islamic Law Perspective on Independence in Transitional Legal Systems
type: item
description: This study examines the dynamics of judicial neutrality in corruption trials within transitional legal systems, analysed through the lens of Contemporary Islamic Law. The research aims to investigate how political pressures, systemic weaknesses, and legal culture affect judicial independence, and to evaluate the alignment of judicial conduct with the ethical and procedural principles embedded in Islamic legal thought. Employing a qualitative legal research method that draws on statutory, case, and conceptual approaches, the study synthesises legal texts, judicial decisions, and scholarly commentaries. The findings reveal that in transitional legal systems, judicial neutrality is often compromised by political interference, inadequate institutional safeguards, and cultural tolerances toward corruption, resulting in a crisis of public trust. From the perspective of Contemporary Islamic Law, the preservation of judicial independence is not only a procedural requirement but also a moral imperative grounded in maqāṣid al-sharī‘ah, particularly the protection of justice (ḥifẓ al-‘adl) and public interest (maṣlaḥah' āmmah). The study concludes that integrating Contemporary Islamic legal principles into anti-corruption judicial reforms can strengthen institutional independence, reinforce ethical accountability, and restore public confidence in the judiciary. This research contributes academically by bridging the discourse between legal reform in transitional contexts and the evolving application of Islamic legal theory to contemporary governance challenges.
subject: Articles
  topic: section
subject: Corruption Trials, Judicial Neutrality, Legal Reform, Public Trust, Transitional Legal Systems.
  topic: keywords
creator: Irman Syahriar
creator: Indera Dewi
creator: Fifi Loanardy
creator: Jamil Khairunnisah
creator: Bilal Hussain
rights: Copyright (c) 2025 Irman Syahriar, Indera Dewi, Fifi Loanardy, Jamil Khairunnisah, Bilal Hussain https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 1471
ending page: 1488
doi: 10.32332/milrev.v4i2.11425

Harmonizing Contemporary International Commercial Law with Sharia-Based National Legal Systems: A Comparative Study of Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia
type: item
description: This study examines the harmonization of International Commercial Law (ICL) with Sharia-based national legal systems in five member states of the Organization of Islamic Cooperation (OIC): Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia. These countries were deliberately selected for their diverse legal traditions, varying levels of economic development, and differing degrees of Sharia implementation within their domestic legal orders. Using a qualitative-comparative approach, the research draws on academic literature, national legal documents, and relevant international legal instruments to analyze the interaction between global commercial norms and Islamic legal principles. The analysis identifies thematic trends, methodological approaches, and significant findings from previous scholarship on the intersection of ICL and Sharia. The findings reveal divergent trajectories: Malaysia and Turkey have successfully integrated ICL provisions into their domestic frameworks through institutional reforms and adaptive jurisprudence. In contrast, Pakistan and Saudi Arabia face persistent conceptual and normative challenges, particularly in reconciling modern commercial practices with strict interpretations of Sharia. Indonesia represents a hybrid model, blending secular legal norms with religious values to produce a contextually balanced system. By mapping these comparative experiences, this study contributes to the discourse on legal pluralism and provides insights for policymakers and scholars seeking to develop context-sensitive models for integrating transnational commercial law into modern Islamic legal systems.
subject: Articles
  topic: section
subject: Comparative Study, Harmonization of Law, International Commercial Law, OIC Countries, Sharia.
  topic: keywords
creator: Muhammad Azam
creator: Anis Mashdurohatun
creator: Angga Nugraha Firmansyah
creator: Muhammad Dias Saktiawan
creator: King On Putra Jaya
rights: Copyright (c) 2025 Muhammad Azam, Anis Mashdurohatun, Angga Nugraha Firmansyah, Muhammad Dias Saktiawan, King On Putra Jaya https://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 1074
ending page: 1096
doi: 10.32332/milrev.v4i2.11334

Contemporary Islamic Legal Perspectives on Qualification Policy Politics in Indonesia
type: item
description: This study investigates contemporary Islamic legal perspectives on qualification policy in Indonesia, with particular attention to the formulation and implementation of standards for public and religious office. It examines how key actors—religious leaders, bureaucratic officials, and academics—perceive, interpret, and respond to these policies within the framework of Sharī‘ah values. Adopting a qualitative, field-based research approach, data were collected through in-depth interviews, participant observation, and document analysis across selected governmental and religious institutions. The findings reveal a persistent tension between the normative principles of Islamic law—such as justice (al-‘adl), public interest (maṣlaḥah), and competence (kifāyah)—and the political realities influencing qualification policies, which are often shaped by administrative logic and pragmatic interests. Although policy discourse frequently invokes the integration of Islamic values, implementation in practice demonstrates that bureaucratic dominance frequently marginalizes substantive Islamic ethical principles. This research contributes to contemporary Islamic legal scholarship by illustrating the interaction between Sharī‘ah principles and legal-political practices in Indonesia. It also provides a normative-critical analytical framework for developing qualification policies that are more just, inclusive, and firmly anchored in Sharī‘ah values while remaining compatible with modern governance structures.
subject: Articles
  topic: section
subject: Islamic Law, Justice, Legal Politics, Maṣlaḥah, Qualification Policy.
  topic: keywords
creator: Maryanto
creator: Muh. Isna Nurdin Wibisana
creator: Bambang Sumardjoko
rights: Copyright (c) 2025 Maryanto, Muh. Isna Nurdin Wibisana , Bambang Sumardjoko https://creativecommons.org/licenses/by-sa/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 1009
ending page: 1027
doi: 10.32332/milrev.v4i2.11305

Safeguarding Maritime Sovereignty: Comparative Law Enforcement against Illegal Fishing in Positive and Contemporary Islamic Law
type: item
description: Illegal fishing poses a critical threat to maritime sovereignty, undermining national security, ecological sustainability, and economic stability. This study conducts a comparative analysis of law enforcement against illegal fishing under Indonesian positive law and contemporary Islamic law. Employing a qualitative legal research method supported by statutory, case, and conceptual approaches, it examines the normative foundations, enforcement challenges, and philosophical principles underpinning both systems. The findings show that Indonesian positive law provides a comprehensive regulatory framework through instruments such as Law No. 45/2009 and the Fisheries Act. However, its enforcement faces significant obstacles, including jurisdictional overlaps, limited institutional resources, and weak interagency coordination. In contrast, contemporary Islamic law frames marine resource protection as part of ḥimāyah al-bi’ah (environmental protection) and maṣlaḥah (public welfare), advocating community-based accountability and ethical stewardship rooted in moral responsibility. The study highlights the potential for normative synergy between the two systems, suggesting that integrated legal pluralism could enhance maritime governance by balancing legal deterrence with ethical imperatives. Such an approach promotes not only compliance but also shared moral commitment to resource preservation. This research contributes to the discourse on environmental justice within Islamic jurisprudence and offers policy recommendations for strengthening enforcement mechanisms through a holistic, values-based legal framework.
subject: Articles
  topic: section
subject: Environmental, Illegal Fishing, Islamic law, Maritime Sovereignty, Positive law.
  topic: keywords
creator: Sri Dwi Retno Ningsih
creator: Adi Sulistiyono
creator: Hartiwiningsih
creator: Emmy Latifah
rights: Copyright (c) 2025 Sri Dwi Retno Ningsih, Adi Sulistiyono, Hartiwiningsih, Emmy Latifah https://creativecommons.org/licenses/by-sa/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 1028
ending page: 1050
doi: 10.32332/milrev.v4i2.11303

Constructive Criticism of the Role of Sharia Advocates in Legal Aid in the Contemporary Era
type: item
description: This study examines the role of sharia advocates in providing legal aid in Indonesia during the contemporary era, driven by the increasing public demand for legal settlements based on Islamic values. This phenomenon shows the existence of a collective awareness of the importance of a legal approach that is not only legal-formal, but also ethical and spiritual. However, the complexity of modern law and structural challenges, such as the absence of specific regulations on Sharia advocates and limited professional training, are serious obstacles to carrying out the role ideally. In the midst of efforts to realize substantive justice, Sharia advocates are often trapped in a conventional legal framework (customs) that is not fully compatible with the Sharia values they carry. This research employs a descriptive qualitative method, combining a juridical-normative and sociological approach, through literature studies and interviews with relevant parties. The results of the study indicate that sharia advocates hold a strategic position in sharia-based dispute resolution, particularly amid the growing demand for legal settlements that reflect Islamic justice values. To carry out this role optimally, it is necessary to strengthen the capacity of personnel (lawyers), increase professional competence, provide adequate institutional support, and integrate Sharia values with Human Rights (HAM) principles in legal aid practice. Therefore, constructive criticism of the existing system is crucial to encourage reforms in aspects of education, regulation, and sharia advocacy practices that are more relevant, inclusive, and responsive to the dynamics of the law in the contemporary era.
subject: Articles
  topic: section
subject: Constructive Criticism, Contemporary Era, Legal Aid, Sharia Advocate.
  topic: keywords
creator: Budi Sastra Panjaitan
rights: Copyright (c) 2025 Budi Sastra Panjaitan https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-20
publication date: 2025-11-20
starting page: 1359
ending page: 1392
doi: 10.32332/milrev.v4i2.11294

Reconstructing Wage Law in the Contemporary Era: A Pancasila Justice and Maqāṣid al-Sharī‘ah Perspective
type: item
description: The wage system in Indonesia, particularly in East Java Province, reveals a significant gap between normative regulations and practical realities. Current wage practices, which inadequately protect informal workers and casual laborers, highlight weak safeguards for basic economic rights and the lack of distributive justice as mandated by Pancasila and the principles of maqāṣid al-sharī‘ah. This study seeks to reconstruct the legal concept of wages not only in a formal–legal sense but also substantively, by integrating the principles of justice embodied in Pancasila and maqāṣid al-sharī‘ah as ethical and normative frameworks. Employing a juridical–normative and sociological approach, the research involved a review of labour legislation, an analysis of judicial decisions related to wage disputes, and in-depth interviews with workers, labour unions, employers, and officials from the Manpower Office (Disnaker) in three major industrial cities of East Java: Surabaya, Sidoarjo, and Gresik. The main findings indicate that: (1) the wage system in East Java remains dominated by the minimum wage approach, which fails to reflect contextual justice and balanced labour relations; (2) employers often resist implementing wage structures and scales due to weak law enforcement; (3) the values of ḥifẓ al-māl (protection of wealth) and ḥifẓ al-nafs (protection of life) in maqāṣid al-sharī‘ah align with the welfare principles of Pancasila but have yet to be adopted as a legal paradigm in wage policy formulation; and (4) there is an urgent need to reformulate wage law with justice as its foundational principle rather than focusing solely on the technocratic aspects of minimum wage regulation. This study contributes a conceptual model of wage law grounded in the integration of Pancasila’s justice philosophy and maqāṣid al-sharī‘ah, offering a framework for a more equitable, adaptive, and culturally responsive wage policy in Indonesia.
subject: Articles
  topic: section
subject: Distributive Justice, Employment Law, Maqāṣid Al-Sharī‘Ah, Pancasila Justice, Wage Legislation.
  topic: keywords
creator: Widiatama
creator: I Gusti Ayu Ketut Rachmi Handayani
creator: Lego Karjoko
rights: Copyright (c) 2025 Widiatama, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko https://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 1051
ending page: 1073
doi: 10.32332/milrev.v4i2.11293

Sharia Compensation Schemes and Employee Performance in Contemporary Islamic Economics
type: item
description: This study investigates the role of Sharia-compliant compensation schemes in optimizing employee performance through a qualitative approach. Within the framework of contemporary Islamic economics, compensation is not only regarded as a financial reward but also as an instrument of justice, blessing, and adherence to Sharia principles. Sharia-based compensation highlights the ethical and moral dimensions of employee welfare by emphasizing material and spiritual aspects. The study underscores the mediating role of job satisfaction and the moderating influence of religious motivation in strengthening the relationship between compensation schemes and employee performance. Data were collected through in-depth interviews and participatory observations conducted at Sharia-based institutions and companies in Indonesia, ensuring contextual depth and reliability of the findings. Thematic analysis indicates that compensation aligned with Sharia values can significantly enhance employee loyalty, strengthen work ethic, and increase overall productivity. Furthermore, the spiritual dimension of compensation is essential in cultivating intrinsic motivation, particularly when supported by an ethical and religious work environment. Integrating material and non-material values creates a more holistic approach to human resource management. The findings suggest that a comprehensive Sharia compensation system has far-reaching implications, as it addresses employees’ financial well-being and contributes to their overall spiritual and psychological welfare. The study concludes by emphasizing the importance of developing HR management strategies rooted in Islamic values as a sustainable and effective pathway to improving employee performance and organizational resilience.
subject: Articles
  topic: section
subject: Contemporary Islamic Economics, Job Satisfaction, Religious Motivation, Sharia Compensation, Worker Performance.
  topic: keywords
creator: Heru Subiyantoro
creator: Karnaji
creator: Fendy Suhariadi
rights: Copyright (c) 2025 Heru Subiyantoro, Karnaji, Fendy Suhariadi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-03
publication date: 2025-09-03
starting page: 1128
ending page: 1151
doi: 10.32332/milrev.v4i2.11192

Psychological Recovery of Crime Victims within Contemporary Restorative Justice: An Islamic Legal Perspective
type: item
description: This article examines the implementation of Restorative Justice (RJ) in Indonesia, focusing on its effectiveness in addressing victims' psychological recovery. Although RJ has been formally incorporated into national regulations, including Supreme Court Regulation (Perma) No. 1 of 2024 and Prosecutor's Regulation No. 15 of 2020, its practical application often prioritises procedural settlement over substantive victim healing. This study employs normative legal research, combining legislative, case, and conceptual approaches, to analyse RJ's legal framework and the structural barriers to its implementation. The findings identify several persistent challenges: the absence of mandatory psychological assessments, limited involvement of mental health professionals, weak post-mediation monitoring, and socio-cultural factors such as victim blaming and third-party interference. These obstacles undermine voluntariness, reduce effectiveness, and prevent RJ from fulfilling its intended role in safeguarding victims' rights and recovery. This study contributes to the literature by emphasising the urgent need to integrate psychological recovery mechanisms into RJ practices, supported by stronger legal provisions and institutional innovations. Policy recommendations include revising victim protection regulations, incorporating professional psychological support, and establishing specialised recovery centres. In this way, RJ can be repositioned as a mechanism for dispute resolution and a comprehensive, victim-centred framework for achieving substantive justice in Indonesia.
subject: Articles
  topic: section
subject: Indonesian Criminal Law, Psychological Recovery, Restorative Justice, Victim Protection.
  topic: keywords
creator: Nur Azisa
creator: Audyna Mayasari Muin
creator: M. Aris Munandar
creator: Muhammad Mutawalli Mukhlis
creator: Aspalella A. Rahman
rights: Copyright (c) 2025 Nur Azisa, Audyna Mayasari Muin, M. Aris Munandar, Muhammad Mutawaali Mukhlis, Aspalella A. Rahman https://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-03
publication date: 2025-09-03
starting page: 1098
ending page: 1127
doi: 10.32332/milrev.v4i2.11184

Reinterpreting Ḥifẓ al-nasl in Contemporary Marriage Contracts: Navigating Islamic Normativity and State Law
type: item
description: This study aims to reinterpret the concept of ḥifẓ al-nasl (protection of lineage) within contemporary marriage contracts in Indonesia by examining the relationship between the normative framework of Islamic law and the state legal system. Traditionally, ḥifẓ al-nasl, as one of the primary objectives of Islamic law (maqāṣid al-sharī’ah), emphasizes the preservation of lineage legitimacy through the institution of marriage. However, in the modern Indonesian socio-legal context—characterized by a dual legal system of religious law and state law—its implementation reflects a dynamic interplay between these frameworks. This research employs a qualitative approach, including field studies at several Offices of Religious Affairs (Kantor Urusan Agama or KUA), in-depth interviews with marriage registrars (penghulu), religious leaders, and married couples, as well as an analysis of marriage contract documents. The findings reveal a shift in the meaning of ḥifẓ al-nasl, which is no longer understood solely in terms of lineage legitimacy but also encompasses the protection of reproductive rights, family planning, and legal certainty within marriage contracts. These findings indicate that, while Islamic normative values remain a foundational reference, the application of state law in Indonesia—particularly through the legalization of marriage contracts and state oversight—has contributed to a new interpretation of the principle of ḥifẓ al-nasl. The study recommends strengthening the integration between maqāṣid al-sharī’ah and the positive legal system in formulating marriage policies that are adaptive and responsive to contemporary challenges. The academic contribution of this research lies in offering a new conceptual framework for contextually understanding ḥifẓ al-nasl, one that integrates the objectives of Islamic law with Indonesia’s positive legal system.
subject: Articles
  topic: section
subject: Indonesian Legal System, Islamic Normativity, Lineage Protection, Marriage Contract.
  topic: keywords
creator: Mustamam
creator: Danialsyah
creator: Nurasiah Harahap
creator: Mega Arum Saputri
creator: Lutter Ariestino
rights: Copyright (c) 2025 Mustamam, Danialsyah, Nurasiah Harahap, Mega Arum Saputri, Lutter Ariestino https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-26
publication date: 2025-10-26
starting page: 1258
ending page: 1280
doi: 10.32332/milrev.v4i2.11158