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: 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: Gender Justice in Child Custody Disputes: The Maqāṣid al-Sharī‘ah Approach in Contemporary Judicial Practice
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
items: Outsourcing and Labour Justice in Indonesia: Integrating Contemporary Islamic Legal Principles with the National Regulatory Framework
items: Reinforcing the Role of the Gakkumdu Center in Electoral Law Enforcement: A Contemporary Analysis from the Perspective of Fiqh Siyasah Dusturiyah
items: Legal Framework Model for Sustainable Solid Waste Management in Indonesia: A Contemporary Environmental Fiqh Perspective
items: Living Hadith and Legal Traditions in Preserving Ancestry: A Case Study of the Contemporary Arab Sayyid Community in Lampung
items: Critical Review of Murābaḥah Financing in Contemporary Islamic Banking: A Maqāṣid al-Sharī‘ah Perspective
items: Regional Legislative Oversight of Fiscal Policy in Contemporary Islamic Economic Law
items: Reassessing Islamic Banking Supervision in Indonesia: A Contemporary Islamic and Socio-Legal Perspective on OJK’s Integrated Model
items: Human Trafficking and the Relevance of Hifz al-nafs and Hifz al-’ird in Contemporary Islamic Legal Ethics
items: Integrating Maqasid al-Shari’ah in Contemporary Islamic Legal Reform on Drug Policy
items: Contemporary Legal Accountability Reform in Public Procurement: A Framework Integrating Ethical Norms and Anti-Corruption Mechanisms
items: Between Tradition and Sharia: Endogamous Marriage Practices in the Pesantren Community of Bandung Regency from a Contemporary Islamic Legal Perspective
items: Contemporary Fiqh Perspectives on Istihalah: A Case Study of Black Soldier Fly Larvae in Animal Feed Practices in Malaysia and Indonesia
items: Reframing Public Policy on Narcotic Case Dismissals: Integrating Maqasid al-Shari‘ah and Restorative Justice in the Contemporary Era
items: Recontextualizing the Medina Charter: Consensus-Based Political Communication for Contemporary Plural Societies
items: Time-Related Rulings in Fiqh Munakahat: A Contemporary Integration of Astronomical and Jurisprudential Analysis
items: Contemporary Dynamics of Sharia Economic Law: DSN-MUI Fatwa No. 21/2001 in Takaful Dispute Rulings
items: Contemporary Legal Certainty in Insurance Default Claims: A Comparative Study of Islamic and Positive Law Perspectives
items: Reinterpreting Justice in Al-Farabi’s Political Philosophy: Relevance to Contemporary Islamic Human Rights Thought
items: Hajj Fund Investment: A Comparative Contemporary Fiqh Study on Maslahah and Public Policy Perspectives in Indonesia

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

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

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

Outsourcing and Labour Justice in Indonesia: Integrating Contemporary Islamic Legal Principles with the National Regulatory Framework
type: item
description: This study examines the practice of outsourcing labour in Indonesia by integrating contemporary Islamic legal principles with national labour regulatory frameworks. Using a qualitative approach with field study methods, data were collected through in-depth interviews with outsourced workers, entrepreneurs, labour activists, and Islamic law experts in several industrial areas. The findings indicate that although national laws and regulations, particularly Law Number 13 of 2003 on Manpower and its amendments, formally regulate outsourcing mechanisms, their practical implementation often fails to ensure substantive justice for workers. Many outsourced employees continue to face significant challenges, including job insecurity, unpaid wages, and limited access to social security, which collectively undermine their welfare and dignity. From the perspective of Islamic law, especially when viewed through the framework of maqāṣid al-sharī’ah, the protection of workers’ rights and dignity is an integral objective of the shari‘a, which emphasises justice, public benefit, and the safeguarding of vulnerable groups. This perspective highlights that the ethical and humane treatment of workers is not only a legal responsibility but also a moral imperative grounded in religious principles. By examining the intersection between Islamic legal norms and positive labour law, this study proposes a more ethical and contextual model of employment justice that responds to both regulatory shortcomings and socio-economic realities. The findings contribute to the development of more equitable and sustainable labour policies in Indonesia. Academically, this research enriches the discourse on Islamic law and labour studies by bridging normative theory with empirical realities and offering a framework for future comparative studies on outsourcing practices in Muslim-majority countries.
subject: Articles
  topic: section
subject: Contemporary Islamic Law, Employment Justice, Maqāṣid Al-Sharī’ah, Outsourcing.
  topic: keywords
creator: Arpangi
creator: Gunarto
creator: Nanang Sri Darmadi
creator: Trubus Wahyudi
rights: Copyright (c) 2025 Arpangi, Gunarto, Nanang Sri Darmadi, Trubus Wahyudi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-24
publication date: 2025-10-24
starting page: 1215
ending page: 1236
doi: 10.32332/milrev.v4i2.11157

Reinforcing the Role of the Gakkumdu Center in Electoral Law Enforcement: A Contemporary Analysis from the Perspective of Fiqh Siyasah Dusturiyah
type: item
description: The Integrated Law Enforcement Center (Sentra Gakkumdu) plays a vital role in ensuring the integrity of General and Regional Elections. However, its effectiveness has always been debated. Data from Lampung Province show an extremely low prosecution rate, indicating entrenched issues in its structure, legal framework, and institutional culture. This study aims to analyze the central causes of Gakkumdu’s ineffectiveness in Lampung and to formulate a concrete, integrated institutional-strengthening model from the perspective of Fiqh Siyasah Dusturiyah. This research employs an integrated socio-legal approach, combining normative legal analysis of legislation with qualitative empirical methods and in-depth interviews conducted through purposive sampling. To maintain methodological consistency, the empirical findings were critically analyzed using Lawrence Friedman’s Legal System Theory (Structure, Substance, Culture). The findings reveal that Gakkumdu’s ineffectiveness stems primarily from: 1) conflicting SOPs regarding evidentiary standards (legal substance); 2) inter-agency ego (legal culture); and 3) the ad hoc status of its personnel (legal structure). Consequently, the proposed strengthening model emphasizes harmonizing technical operational regulations, cultivating a collaborative culture, and evaluating performance based on quantitative metrics to boost the case completion rate. From the perspective of Fiqh Siyasah Dusturiyah, this reinforcement aligns with the core principles of al-mashlahah al-‘ammah (public good) and ‘adl (justice) as the philosophical foundation for political legitimacy. This study concludes that an integrated Gakkumdu strengthening model, informed by FSD, is essential to ensure a transparent electoral process and bolster public trust. It offers a conceptual contribution by bridging empirical legal analysis (Friedman) with Islamic ethical jurisprudence (FSD) in the context of Indonesian election law enforcement.
subject: Articles
  topic: section
subject: Electoral Law Enforcement, Fiqh Siyasah Dusturiyah, Gakkumdu Center, Strengthening.
  topic: keywords
creator: Efa Rodiah Nur
creator: Liky Faizal
creator: Abd. Qohar
creator: Harapandi Dahri Syahrum
rights: Copyright (c) 2025 Efa Rodiah Nur, Liky Faizal, Abd. Qohar, Harapandi Dahri Syahrum https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-01
publication date: 2025-11-01
starting page: 1281
ending page: 1296
doi: 10.32332/milrev.v4i2.11108

Legal Framework Model for Sustainable Solid Waste Management in Indonesia: A Contemporary Environmental Fiqh Perspective
type: item
description: Indonesia faces a severe solid waste crisis, with more than 60 million tons generated annually. Weak law enforcement and insufficient fiscal support—regional budget allocations averaging only 0.6–1% of APBD, far below the 3% benchmark—have further exacerbated the problem. This study aims to develop an integrative legal framework for sustainable waste management that harmonises national environmental law with contemporary Islamic environmental jurisprudence (fiqh al-biʾah). Methodologically, the research employs a systematic review and doctrinal–normative analysis. Data were collected and classified from national statutes, government regulations, regional bylaws, and peer-reviewed literature, as well as case studies from Surabaya, Banyumas, and DKI Jakarta. These materials were then analysed through the lens of uṣūl al-fiqh and qawāʿid fiqhiyyah, including the maxims lā ḍarar wa lā ḍirār, maṣlaḥah ʿāmmah, ḥifẓ al-biʾah, and the principle of istikhlāf. The findings reveal three critical gaps. First, underfunding hinders early-warning systems and sustainable infrastructure. Second, the absence of faith-based fiscal tools—such as Green Zakat and Eco-Waqf—limits financing capacity and raises questions of compatibility with APBN/APBD structures and formal zakat institutions. Third, regulatory disharmony between central and regional authorities undermines effective coordination. This study proposes a holistic model that mandates a minimum 3% APBD allocation, institutionalises Islamic green finance mechanisms, and scales up municipal innovations such as Surabaya’s community-based 3R programs. It also highlights the socio-political dynamics affecting the acceptance of religiously informed legal frameworks. The novelty of this research lies in embedding fiqh al-biʾah into positive law and policy instruments, offering a faith-grounded yet implementable roadmap for Indonesia’s sustainable waste governance.
subject: Articles
  topic: section
subject: Fiqh Al-Biʾah, Environmental Law, Islamic Green Finance, Waste Governance.
  topic: keywords
creator: Maskun
creator: Ratnawati
creator: Wiranti
creator: Asriyani
creator: Jamal Aslan
rights: Copyright (c) 2025 Maskun, Ratnawati, Wiranti, Asriyani, Jamal Aslan https://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 1097
ending page: 1122
doi: 10.32332/milrev.v4i2.11104

Living Hadith and Legal Traditions in Preserving Ancestry: A Case Study of the Contemporary Arab Sayyid Community in Lampung
type: item
description: The validity of the Arab Sayyid (Ba'alawi) lineage has been heavily debated. However, this controversy will not persist if the ulama verifies nassabah (lineage). Regardless of all that, it is certain that the Arab Sayyid community has a long history of lineage preservation. In addition to cultural factors, lineage preservation is a religious teaching with implications for family law, including marriage, guardianship, and inheritance. This article explores the practice of lineage preservation in the Arab Sayyid community in the contemporary era, revealing the normative dimensions of this practice, as expressed in a hadith, that underlie it. This research is a descriptive qualitative field research. Primary data were sourced from the Rabithah Alawiyah Management, elders, lineage observers, and members of Arab Sayyid families in Lampung. Data collection was conducted through observation, interviews, and documentation, and the data were analyzed descriptively qualitatively using the living hadith approach. The research results show that the tradition of maintaining lineage in the Arab Sayyid community in Lampung Province is maintained through introducing lineage to the family, assigning a surname, clarifying doubtful lineages, establishing sekufu' (a type of marriage), and recording lineages. This tradition embodies Sunnah values ​​because it is based on the hadith texts of the Prophet Muhammad (peace be upon him), such as the command to recognize family lineages to maintain kinship ties. This tradition represents both a cultural heritage and a living hadith that remains relevant for building the identity of the Arab Sayyid community in the contemporary era. The academic contribution of this study lies in its effort to broaden the discourse on living hadith by connecting it to the context of Islamic family law and the preservation of social identity within the Arab-descendant community. This research provides a new perspective on how hadith texts function not only as no…
subject: Articles
  topic: section
subject: Ancestry, Legal, Lineage, Living Hadith, Tradition.
  topic: keywords
creator: Muhammad Zaki
creator: Alwi bin Hamid bin Syihab
creator: Akhmad Ikhwani
creator: Moh. Mukri
rights: Copyright (c) 2025 Muhammad Zaki, Alwi bin Hamid bin Syihab, Akhmad Ikhwani, Moh. Mukri https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-06
publication date: 2025-11-06
starting page: 1297
ending page: 1327
doi: 10.32332/milrev.v4i2.11094

Critical Review of Murābaḥah Financing in Contemporary Islamic Banking: A Maqāṣid al-Sharī‘ah Perspective
type: item
description: This study critically analyses the implementation of murābaḥah contracts in contemporary Islamic banking through the lens of maqāṣid al-sharī‘ah theory. Murābaḥah has long been recognised as one of the dominant financing schemes in Sharia banks, particularly in Indonesia, where it plays a central role in meeting customer needs ranging from consumption to investment. However, in today's context of rapid financial innovation and global competition, questions remain regarding its alignment with the broader objectives of Islamic law beyond mere technical compliance. The research employs a descriptive qualitative approach, utilising in-depth interviews, direct observations, and documentation studies. The primary object of inquiry is Sharia banks in Indonesia, with informants drawn from banking practitioners and customers. This dual perspective provides a more comprehensive understanding of how murābaḥah is designed, implemented, and perceived in practice within the dynamics of modern Islamic banking. The findings indicate that although murābaḥah contracts are generally implemented in line with formal sharia procedures, the embodiment of maqāṣid al-sharī‘ah values remains partial. Elements such as justice, fair profit, social welfare, and mutual assistance are evident but fragmented and lack institutional standardisation. As a result, the spirit of maqāṣid al-sharī‘ah is not yet fully realised in contemporary practice. This study concludes that there is an urgent need to reformulate the strategy and design of murābaḥah products to reflect the holistic objectives of maqāṣid al-sharī‘ah better better. This involves preserving wealth and prohibiting usury and safeguarding life, intellect, and lineage. The research contributes by exposing the gap between formal compliance and substantive realisation, offering novelty in reframing murābaḥah as a contemporary instrument for promoting justice, welfare, and sustainable Islamic finance.
subject: Articles
  topic: section
subject: Contemporary Islamic Banking, Maqāṣid al-sharī‘ah, Murābaḥah Financing, Sustainable Islamic Finance
  topic: keywords
creator: Djumadi
creator: Arzal Syah
creator: Hamida
creator: Mujahidin
creator: Kamiruddin
rights: Copyright (c) 2025 Djumadi, Arzal Syah, Hamida, Mujahidin, Kamiruddin https://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-07
publication date: 2025-09-07
starting page: 1152
ending page: 1188
doi: 10.32332/milrev.v4i2.11087

Regional Legislative Oversight of Fiscal Policy in Contemporary Islamic Economic Law
type: item
description: This study examined the effectiveness of regional legislative oversight of fiscal policy following the revision of the Regional Finance Law, employing an analytical framework grounded in contemporary Islamic Economic Law. The research focuses on evaluating the extent to which the oversight function of the Regional House of Representatives (DPRD) contributes to promoting transparency, accountability, and justice in regional financial management. To this end, a qualitative-descriptive approach was employed, drawing on document analysis, in-depth interviews with legislative members and regional finance officials, as well as focus group discussions with experts in Islamic law and economics. The findings show that although the DPRD formally holds significant authority to monitor fiscal policy, the practical exercise of this oversight remains limited by weak institutional capacity and inconsistent integrity among actors. Political interests often dominate decision-making, fiscal literacy among legislators is uneven, and inter-institutional coordination is frequently inadequate. Nevertheless, the revised Regional Finance Law creates opportunities to strengthen budget transparency, improve accountability mechanisms, and broaden public participation in financial governance. From the perspective of contemporary Islamic Economic Law, fiscal oversight is not merely an administrative or technical duty but a moral trust (amānah) entrusted to leaders and representatives. Such oversight must therefore be directed toward realizing the higher objectives of public welfare (maṣlaḥah), fairness, and social justice. The study’s academic contribution lies in integrating juridical analysis of regional fiscal regulation with Islamic ethical principles, offering a normative-evaluative framework for advancing more equitable, participatory, and sustainable fiscal governance at the regional level.
subject: Articles
  topic: section
subject: Accountability, Amānah, Benefit, Fiscal, Transparency.
  topic: keywords
creator: Dani Sintara
creator: Abd Ulrahman Raad Nouri
creator: Ahmad Rusly Purba
creator: Sitta Saraya
rights: Copyright (c) 2025 Dani Sintara, Ahmad Rusly Purba, Sitta Saraya, Abd Ulrahman Raad Nouri https://creativecommons.org/licenses/by-sa/4.0
date: 2025-10-24
publication date: 2025-10-24
starting page: 1237
ending page: 1257
doi: 10.32332/milrev.v4i2.11076

Reassessing Islamic Banking Supervision in Indonesia: A Contemporary Islamic and Socio-Legal Perspective on OJK’s Integrated Model
type: item
description: This article reassesses the effectiveness of the Financial Services Authority’s (OJK) integrated and independent supervisory model in overseeing Islamic banking in Indonesia. At the same time, the model has improved coordination and regulatory efficiency across the financial sector and aligned with Islamic legal principles. Using a normative legal approach supported by socio-legal analysis, the study evaluates how far OJK’s supervisory framework reflects key Islamic values. It draws on statutory regulations, fatwas issued by DSN-MUI, and international standards from institutions like the Basel Committee and the IFSB while incorporating comparative insights from countries like the UK and Germany. The study finds that although OJK’s model is risk-based and structurally sound, it tends to focus more on technical compliance than Sharia's substantive objectives. Key challenges include the limited integration of DSN-MUI fatwas into binding regulatory processes, weak collaboration between OJK and Sharia supervisory boards, and the lack of performance indicators that reflect Sharia values in bank evaluations. Furthermore, global regulatory benchmarks have not been fully adapted to the distinct characteristics of Islamic financial contracts and Sharia-based governance. This article contributes academically by offering a more holistic perspective on financial supervision that bridges positive law and Islamic normative ethics. It recommends strengthening institutional synergy, embedding Sharia objectives into regulatory metrics, and adopting a more responsive, community-grounded supervisory approach. Through these efforts, Indonesia’s Islamic banking sector can become more sustainable, credible, and aligned with national interests and Islamic legal ideals.
subject: Articles
  topic: section
subject: Integrated Supervision, Islamic banking, OJK, Socio-Legal Approach.
  topic: keywords
creator: Hasan
creator: Teng Berlianty
creator: Merry Tjoanda
creator: Juanrico Alfaromona Sumarezs Titahelu
creator: Mualimin Mochammad Sahid
rights: Copyright (c) 2025 Hasan, Teng Berlianty , Merry Djoanda, Juanrico A. S. Titahelu , Mualimin Mochammad Sahid https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 619
ending page: 644
doi: 10.32332/milrev.v4i1.10851

Human Trafficking and the Relevance of Hifz al-nafs and Hifz al-’ird in Contemporary Islamic Legal Ethics
type: item
description: Human trafficking is a profound moral crisis in today’s world, threatening human dignity and fundamental rights on a wide scale. This study explores the issue through the lens of Islamic legal ethics, focusing on the reinterpretation of hifz al-nafs (protection of life) and hifz al-’ird (protection of honor) within the framework of Maqasid al-shari’ah (the higher objectives of Islamic law). Using a normative-critical approach and drawing from both classical and contemporary sources, the research rethinks these two core principles to better respond to the complex realities of human trafficking, which often involves violence, exploitation, and human rights violations. The findings show that hifz al-nafs should not be limited to physical safety but must include psychological, social, and emotional well-being. Similarly, hifz al-’ird must go beyond the narrow notion of personal honor to protect human dignity, moral integrity, and the right to freedom from abuse. The study argues that classical Islamic legal thought needs to be revisited and updated to meet the moral and legal challenges posed by human trafficking today—by incorporating principles of justice, compassion, and human rights. This research makes an academic contribution by re-conceptualizing Maqasid al-shari’ah, especially in hifz al-nafs and hifz al-’ird, enriching the discourse on Islamic legal ethics in addressing modern social issues. It also provides a stronger theoretical basis for contemporary fiqh reform and encourages critical engagement between traditional Islamic texts and today’s ethical realities. Ultimately, this study offers a valuable reference for developing more humane, responsive, and justice-oriented Islamic legal frameworks to protect victims of human trafficking.
subject: Articles
  topic: section
subject: Human trafficking, Maqasid al-Shariah, Hifz al-Nafs, Hifz al-’ird.
  topic: keywords
creator: Bambang Tri Bawono
creator: Moh. Nurul Huda
creator: Ahmad Hadi Prayitno
creator: Moh. Aris Siswanto
rights: Copyright (c) 2025 Bambang Tri Bawono, Moh. Nurul Huda, Ahmad Hadi Prayitno, Moh. Aris Siswanto https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 597
ending page: 618
doi: 10.32332/milrev.v4i1.10694

Integrating Maqasid al-Shari’ah in Contemporary Islamic Legal Reform on Drug Policy
type: item
description: This research explores how contemporary Islamic legal reform shapes drug policy using the framework of Maqasid al-Shari’ah. In many Muslim-majority countries, drug-related problems are on the rise, and traditional punitive responses—such as mandatory death sentences and corporal punishment—are increasingly questioned for being ineffective and misaligned with core Islamic values. Using a qualitative-normative approach combined with comparative analysis, this study examines statutory frameworks, fatwas, and recent legal reforms in countries like Malaysia, Indonesia, and Iran. It highlights a growing shift toward maqasid-based reasoning in designing more balanced and humane drug policies. The findings reveal three key trends. First, there is increasing emphasis on hifz al-nafs (protection of life) and hifz al-‘aql (protection of intellect), reframing drug offences not merely as moral or legal violations but as public health concerns requiring systemic solutions. Second, several Islamic legal institutions are adopting harm reduction strategies—such as rehabilitation, decriminalisation of minor drug use, and reintegration programs—framed within the maqasid discourse to uphold human dignity and promote social welfare (maslahah ‘ammah). Third, there is a growing openness toward contextual ijtihad, allowing reinterpretation of hudud and ta'zir punishments considering contemporary realities and scientific evidence. Academically, this research contributes to Islamic legal studies by offering a systematic and comparative analysis of how the principles of Maqasid al-Shari’ah are being operationalised in modern drug policy reform. It fills a gap in the literature by bridging classical Islamic legal theory with contemporary policy needs, particularly in areas often neglected by traditional fiqh discourse, such as drug rehabilitation and public health. The study also advances the methodological integration of maqasid-based reasoning with empirical policy analysis, providing a prac…
subject: Articles
  topic: section
subject: Drug Policy, Harm Reduction, Islamic legal Reform, Maqasid al-Shari’ah, Rehabilitation.
  topic: keywords
creator: Andri Winjaya Laksana
creator: Muhammad Ridwan Lubis
creator: Denny Suwondo
creator: Muhammad Ngazis
creator: Ratih Mega Puspa Sari
rights: Copyright (c) 2025 Andri Winjaya Laksana, Muhammad Ridwan Lubis, Denny Suwondo, Muhammad Ngazis, Ratih Mega puspa sari https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 416
ending page: 439
doi: 10.32332/milrev.v4i1.10665

Contemporary Legal Accountability Reform in Public Procurement: A Framework Integrating Ethical Norms and Anti-Corruption Mechanisms
type: item
description: Government procurement of goods and services is a strategic sector that is vulnerable to irregularities and corruption. Therefore, reforming legal accountability in this area is crucial to creating governance that is clean, transparent, and has integrity. This study offers an alternative approach to public procurement reform by integrating Islamic principles as an ethical and normative foundation for building a sound governance system and an anti-corruption framework. This research uses a normative-qualitative method, analyzing various legal documents, Islamic literature, and modern governance theories. It focuses on fundamental Islamic values such as ʿadalah (justice), amanah (honesty and responsibility), maslahah (public welfare), and hisbah (social oversight). These values are highly relevant for addressing accountability challenges in public procurement. The findings show that applying these principles can strengthen the ethical dimension of procurement regulations, improve transparency in the tender process, and clarify public accountability mechanisms. The integration of Islamic values is not intended to replace existing positive law but to enrich and complement the legal framework with a moral and spiritual approach rooted in Islamic legal tradition. Academically, this study contributes by providing a new conceptual framework that combines Islamic ethical norms with public governance and anti-corruption law. This approach creates space for dialogue between Islamic legal tradition and modern legal practice, offering a more holistic solution to corruption issues in public procurement.
subject: Articles
  topic: section
subject: Accountability, Anti-Corruption, Governance, Legal Reform, Public Procurement.
  topic: keywords
creator: Jawade Hafidz
creator: Muhammad Dias Saktiawan
creator: Agus Prasetia Wiranto
creator: Aditya Noviyansyah
creator: Ahmed Kheir Osman
rights: Copyright (c) 2025 Jawade Hafidz, Muhamamd Dias Saktiawan, Agus Prasetia Wiranto, Aditya Noviyansyah, Ahmed Kheir Osman https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 517
ending page: 538
doi: 10.32332/milrev.v4i1.10664

Between Tradition and Sharia: Endogamous Marriage Practices in the Pesantren Community of Bandung Regency from a Contemporary Islamic Legal Perspective
type: item
description: This study aimed to examine the practice of endogamy in the Pesantren community of Bandung Regency from the perspective of contemporary Islamic law, by highlighting the tension between social traditions and more universal sharia principles. Endogamy, as a practice of marriage between Pesantren residents, is believed to preserve Islamic values, maintain the honour of the nasab, and strengthen internal social networks. This research used a descriptive qualitative approach through field research, supported by quantitative survey data and normative analysis based on the theory of maqāṣid al-syarī'ah, legal sociology, and contemporary reinterpretation of tradition (urf). Data were obtained through questionnaires and in-depth interviews with students, alumni, and Pesantren leaders. The study results showed that most Pesantren residents supported the practice of endogamy for the similarity in values and maintaining the compatibility of couples based on the principle of kafā'ah. However, most respondents also realized this practice was more traditional than religious. On the other hand, the younger generation had a strong tendency to reassess the relevance of endogamy and the concept of kafā'ah in the modern context. This study concludes that the practice of endogamy and the meaning of kafā'ah in the Pesantren community need to be re-reflected through a contemporary Islamic legal approach that emphasizes the principles of justice, benefit, and respect for individual rights. These findings are expected to encourage a transformation of thinking in the Pesantren community towards a more contextual, inclusive, and progressive understanding of Islamic law.
subject: Articles
  topic: section
subject: Contemporary Islamic Law, Endogamy, Married, Kafā’ah, Urf.
  topic: keywords
creator: Harry Yuniardi
creator: Diah Siti Sa’diah
creator: Aziz Sholeh
creator: Lena Ishelmiany Ziaharah
creator: Christopher Michael Cason
rights: Copyright (c) 2025 Harry Yuniardi, Diah Siti Sa’diah, Aziz Sholeh, Lena Ishelmiany Ziaharah, Christopher Michael Cason https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-18
publication date: 2025-07-18
starting page: 899
ending page: 932
doi: 10.32332/milrev.v4i2.10624

Contemporary Fiqh Perspectives on Istihalah: A Case Study of Black Soldier Fly Larvae in Animal Feed Practices in Malaysia and Indonesia
type: item
description: This study uses a qualitative research design, which is well-suited for examining problematic jurisprudential arguments within Islamic law. Practically, Indonesia and Malaysia serve as key case studies due to their strict adherence to Shafi'i jurisprudence and the varying interpretations of halal certification bodies such as the Indonesian Ulema Council (MUI) and Malaysia's Department of Islamic Development (JAKIM). The qualitative approach enables an in-depth interpretation of how istihalah (transformation) is analysed in different scholarly traditions and its implications for the permissibility of Black Soldier Fly (BSF) larvae as ruminant feed. A textual analysis approach is adopted to examine classical and contemporary Islamic jurisprudence texts. Specifically, this study uses a qualitative research design, which is well-suited for examining problematic jurisprudential arguments within Islamic law. This qualitative approach enables an in-depth interpretation of how istihalah is analysed in different scholarly traditions and its implications for the permissibility of Black Soldier Fly (BSF) larvae as ruminant feed. The findings related to the Black Soldier Fly (BSF) larvae taken from the sample in Mega BSF Sdn. Bhd, Sibu, Sarawak. The findings were presented at Pejabat Mufti Wilayah Persekutuan, Jabatan Mufti Perlis and Jabatan Mufti Sarawak. Based on the above framework, this study redefines istihalah within modern bioeconomies by introducing empirical degradation thresholds as a basis for juristic rulings—a departure from abstract textual analysis. By mapping BSF’s 4:1 waste-to-biomass efficiency to maqasid alshariah objectives, it advances a replicable framework for addressing emerging food technologies in Islamic law.
subject: Articles
  topic: section
subject: Black Soldier Fly Larvae, Contemporary Fiqh, Halal Animal Feed, Istihalah, Malaysia–Indonesia Islamic Jurisprudence.
  topic: keywords
creator: Mohd Sham Kamis
creator: Nik Abdul Rahim Nik Abdul Ghani
creator: Luqman Hakim Satiman
creator: Siong Fong Sim
creator: Syed Ahmed Abdallah
rights: Copyright (c) 2025 Mohd Sham Kamis, Nik Abdul Rahim Nik Abdul Ghani, Luqman Hakim Satiman, Sim Siong Fong, Syed Ahmed Abdallah https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-21
publication date: 2025-07-21
starting page: 954
ending page: 975
doi: 10.32332/milrev.v4i2.10367

Reframing Public Policy on Narcotic Case Dismissals: Integrating Maqasid al-Shari‘ah and Restorative Justice in the Contemporary Era
type: item
description: The handling of narcotics crimes in Indonesia remains a persistent legal and social challenge, especially in balancing punitive measures with rehabilitation efforts. This empirical legal research investigates the implementation of prosecution termination policies using a restorative justice approach in narcotics cases and analyzes their compatibility with the principles of Maqasid al-Shari‘ah. Field data were collected through in-depth interviews with 12 key informants, consisting of prosecutors, judges, police investigators, religious leaders, and former drug offenders who had undergone restorative justice proceedings. Additional data were obtained through direct observation of mediation sessions at the prosecutor’s office and the analysis of legal documents, including case files and institutional guidelines. The field findings reveal that the application of restorative justice is still limited and discretionary, often depending on the initiative of individual prosecutors and the willingness of victims or communities to engage in non-litigation settlement. While some prosecutors have successfully used this approach for first-time or non-distributor offenders, significant legal and structural constraints remain—such as the absence of detailed operational guidelines, lack of coordination between institutions, and limited public understanding of restorative mechanisms. Nevertheless, the study finds that the use of restorative justice aligns substantively with the goals of Maqasid al-Shari‘ah, particularly in protecting life (hifz al-nafs), intellect (hifz al-‘aql), and religion (hifz al-din), by prioritizing rehabilitation, mental health recovery, and spiritual reintegration over mere incarceration. Restorative practices, such as sulh (mediation) and community involvement, are also consistent with Islamic legal traditions emphasizing compassion, reconciliation, and prevention of greater harm (dar’ al-mafasid). The academic contribution of this study lies in offering a…
subject: Articles
  topic: section
subject: Maqasid al-Shari‘ah, Narcotics, Prosecution Termination, Public Policy, Restorative Justice.
  topic: keywords
creator: Irwan Waris
creator: Ani Susanti
creator: Dandan Haryono
creator: Bayu Rahmat Ramadhan
creator: Sri Nur Akifa
rights: Copyright (c) 2025 Irwan Waris, Ani Susanti, Dandan Haryono, Bayu Rahmat Ramadhan, Sri Nur Akifa https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 566
ending page: 596
doi: 10.32332/milrev.v4i1.10579

Recontextualizing the Medina Charter: Consensus-Based Political Communication for Contemporary Plural Societies
type: item
description: This study explores the Constitution of Medina as an early model of prophetic political communication grounded in consensus, offering a relevant framework for managing diversity and fostering social cohesion in pluralistic societies. Utilizing a qualitative library research method, the study draws upon the primary source—the text of the Constitution of Medina—and integrates secondary literature from the field of political communication. The data were analyzed through content analysis to identify underlying communicative principles and political strategies within the Charter. The findings reveal that the Constitution operationalizes participatory dialogue and peaceful conflict resolution mechanisms, aligning closely with contemporary consensus-based political communication theories. These principles served not only to manage inter-group tensions but also to build a cooperative and just social order. The study concludes that the Constitution of Medina is not merely a historical document but a normative model that offers practical insights into inclusive governance, interfaith cooperation, and the ethical foundations of political discourse. Its relevance is especially significant today, where polarized societies seek coexistence and constructive engagement frameworks. Thus, the Medina Charter is relevant as a prophetic guide for inclusive political communication in multicultural and multireligious contexts. This study contributes to Islamic political thought and communication by providing a normative and historically grounded model for inclusive governance. It bridges classical Islamic sources with contemporary political communication theory, offering a framework applicable to modern pluralistic societies seeking ethical and participatory governance models.
subject: Articles
  topic: section
subject: Constitution of Medina, Consensus, Political Communication, Pluralism, Social Cohesion.
  topic: keywords
creator: Hasrat Efendi Samosir
creator: Md Noor Bin Hussin
creator: Sudianto
creator: Marlina
creator: Azman
rights: Copyright (c) 2025 Hasrat Efendi Samosir, Md Noor Bin Hussin, Sudianto, Marlina; Azman https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 645
ending page: 675
doi: 10.32332/milrev.v4i1.10523

Time-Related Rulings in Fiqh Munakahat: A Contemporary Integration of Astronomical and Jurisprudential Analysis
type: item
description: This study examines time-related rulings in Fiqh Munakahat (Islamic family law), focusing on key provisions such as iddah (waiting period after divorce or death), baligh (age of maturity), hadlanah (child custody), and radla’ah (breastfeeding period). Although these rulings are normatively based on the lunar (qamariyah) calendar, their implementation in Indonesia often relies on Gregorian approximations, leading to inconsistencies in legal outcomes—particularly in matters of remarriage, inheritance, and personal status. Using a qualitative library-based approach, this study integrates classical fiqh sources with astronomical computation (Ilmu Falak) and judicial case analysis from Indonesian Religious Courts. The integration is conducted by converting Gregorian-based legal timeframes into hilal-based lunar calculations and comparing the outcomes with statutory norms such as the Compilation of Islamic Law (KHI). This method highlights practical and doctrinal mismatches not addressed in prior studies, especially regarding standardizing iddah durations. The findings demonstrate that Gregorian approximations often arbitrarily extend or shorten legal periods, undermining legal certainty and compliance with Islamic jurisprudence. By contrast, lunar-based reckoning offers higher precision and is more faithful to scriptural mandates. The study recommends revising national legal instruments and court practices to adopt hilal-based time calculations in marital rulings, thus enhancing consistency, legitimacy, and contextual relevance in contemporary Islamic legal systems.
subject: Articles
  topic: section
subject: ʿIddah Calculation, Fiqh Munakahat Reform, Hilal-Based Time Reckoning, Ilmu Falak in Islamic Law, Legal Synchronisation
  topic: keywords
creator: Badrun Taman
creator: Fatimah
creator: Friska Linia Sari
creator: Abdul Gafar Olawale Fahm
rights: Copyright (c) 2025 Badrun Taman, Fatimah, Friska Linia Sari, AbdulGafar Olawale FAHM https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-01
publication date: 2025-07-01
starting page: 797
ending page: 821
doi: 10.32332/8pvnz650

Contemporary Dynamics of Sharia Economic Law: DSN-MUI Fatwa No. 21/2001 in Takaful Dispute Rulings
type: item
description: This research examines the role of Islamic law (Fatwa) in the formation and interpretation of positive law in Indonesia related to sharia insurance disputes, primarily through the decision of the Constitutional Court. Specifically, this study examines how the Supreme Court considers the DSN-MUI fatwa in resolving family takaful disputes, as well as how judicial authorities interpret, accept, or disregard the DSN-MUI fatwa as a consideration in such dispute cases within contemporary Sharia Economic law. Using normative juridical methods and jurisprudential analysis, this study analyses the decisions of the Constitutional Court that refer to Islamic principles such as justice (al-ʿadl), public interest (maṣlaḥah), and equality (musāwah). Data were obtained through the analysis of judicial decisions and Islamic law sources. The findings show that while Islamic law (specifically Fatwa) is not a formal source of national law, its values are selectively adopted in Constitutional Court decisions, especially in cases related to public morality, human rights, and Islamic finance. However, the integration of values is normative and symbolic but bare of methodological consistency based on uṣūl al-fiqh. This legal ambiguity limits the normative power of Islamic law and raises concerns about the protection of Muslim consumer rights. This study recommends institutionalizing Islamic legal reasoning through standardized methods of interpretation and increasing legal literacy among judges to promote consistent and substantial integration of sharia values in constitutional courts.
subject: Articles
  topic: section
subject: Constitutional Court, Islamic law, legal Reasoning, Positive Law, Sharia Values.
  topic: keywords
creator: Syihabudin
creator: Rahmatullah
creator: Najmudin
creator: Henri Bimawan
creator: Fandy Adpen Lazzavietamsi
rights: Copyright (c) 2025 Syihabudin, Rahmatullah; Najmudin; Henri Bimawan, Fandy Adpen Lazzavietamsi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-01
publication date: 2025-07-01
starting page: 868
ending page: 898
doi: 10.32332/milrev.v4i1.10470

Contemporary Legal Certainty in Insurance Default Claims: A Comparative Study of Islamic and Positive Law Perspectives
type: item
description: The breach of contract (wanprestasi) in contemporary insurance practices often results in legal uncertainty, particularly for insured parties who experience losses due to denied or inadequately fulfilled claims. This article examines the legal challenges associated with breach of contract claims in the Indonesian insurance context through a comparative analysis of positive and Islamic law perspectives. Utilizing a normative juridical approach, the study analyzes relevant legislation, including the Indonesian Civil Code (KUHPer) and Financial Services Authority (OJK) regulations, alongside principles of fiqh muamalah related to contracts, justice, and legal certainty. The findings reveal that while positive law offers a relatively structured legal framework, its practical implementation still encounters significant barriers to ensuring adequate legal protection. Conversely, Islamic law underscores the importance of contract clarity—particularly in tabarru' and tijarah agreements—and upholds justice as a core value in transactional relationships. These principles can enhance legal certainty and ethical standards in dispute resolution processes when applied. This article contributes to the academic discourse by providing a theoretical and comparative foundation for developing a more inclusive and justice-oriented insurance dispute resolution model that integrates national legal norms and Islamic ethical values. It is expected to offer valuable insights for policymakers, legal scholars, and practitioners in designing responsive insurance policies aligned with the needs of a pluralistic society.
subject: Articles
  topic: section
subject: Breach of Contract, Contemporary Insurance, Islamic Law, Legal certainty, Positive law.
  topic: keywords
creator: Isdiana Syafitri
creator: Sunarmi
creator: Tan Kamello
creator: Hasim Purba
rights: Copyright (c) 2025 Isdiana Syafitri, Sunarmi, Tan Kamello, Hasim Purba https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 539
ending page: 565
doi: 10.32332/milrev.v4i1.10465

Reinterpreting Justice in Al-Farabi’s Political Philosophy: Relevance to Contemporary Islamic Human Rights Thought
type: item
description: This study critically explores Al-Farabi’s conception of justice in his political philosophy and evaluates its normative potential and conceptual limitations in the context of contemporary human rights discourse. The central research question investigates the extent to which Al-Farabi’s vision of the al-Madina al-Fadila (Virtuous City) can serve as a philosophical framework for bridging classical Islamic values with modern human rights principles. Rather than assuming full compatibility, the study interrogates the tension between Al-Farabi’s virtue-based, hierarchical model of justice and contemporary demands for equality, intersectional rights, and democratic participation. Employing a qualitative, library-based method and a philosophical hermeneutic approach, the research analyzes key texts—particularly Ara’ Ahl al-Madina al-Fadila and Tahsil al-Sa‘ada—alongside contemporary literature on Islamic legal reform and human rights theory. The findings demonstrate that Al-Farabi’s emphasis on rational leadership, ethical governance, and communal well-being—while historically bounded—offers interpretive value for rethinking legal reform through maqasid al-shari‘ah and contextual ijtihad. However, the study also underscores the epistemological challenges of adapting metaphysical frameworks to rights-based paradigms. It concludes that Al-Farabi’s thought should inspire—not dictate—Islamic legal innovation by contributing ethical and rational principles that remain critically grounded within both Islamic tradition and contemporary socio-legal realities. Academically, this research contributes to the growing body of interdisciplinary scholarship at the intersection of Islamic philosophy, political theory, and human rights, offering a nuanced reappraisal of classical Islamic thought as a dynamic resource for ethical-legal reform in pluralistic modern societies.
subject: Articles
  topic: section
subject: Al-Farabi, Human Rights, Islamic Civilization, Justice, Political Philosophy.
  topic: keywords
creator: Syukri
creator: Adenan
creator: Syahminan
rights: Copyright (c) 2025 Syukri, Adenan, Syahminan https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 489
ending page: 516
doi: 10.32332/milrev.v4i1.10466

Hajj Fund Investment: A Comparative Contemporary Fiqh Study on Maslahah and Public Policy Perspectives in Indonesia
type: item
description: This study investigates the investment of Indonesian Hajj funds in domestic infrastructure projects through a comparative fiqh approach, juxtaposing classical and contemporary Islamic legal perspectives on maslahah and its application within modern public policy frameworks. The central debate lies in a perceived conflict (ta‘arudl) between two types of public benefit: preserving the economic value of pilgrims' savings through investment and ensuring their spiritual rights and religious preparedness. Drawing upon classical jurisprudence (e.g., al-Ghazali, al-Shatibi), modern ijtihad, and official fatwas from Indonesian authorities (such as the DSN-MUI), the research critically examines how these positions interact with state policies enacted by the Badan Pengelola Keuangan Haji (BPKH). Employing a qualitative analytical method, the study analyzes legal texts, government regulations, and expert interviews to validate the coexistence of economic and spiritual maslahah. The findings reveal that the government’s dual role as wakil (authorized representative) and nazir (guardian of public interest) legitimizes proactive fund management under Islamic law. Sukuk-based investments, particularly when oriented toward infrastructure that supports public welfare, are found to be consistent with the objectives of maqasid al-shari‘ah, especially hifz al-mal (protection of wealth) and hifz al-din (preservation of religion). Moreover, the study identifies that transparent governance, informed consent, and adherence to Sharia-compliant instruments are critical prerequisites for ensuring ethical legitimacy. This study concludes that a harmonized approach between Islamic jurisprudence and Indonesian public policy can sustain Hajj financing while safeguarding pilgrims' rights and welfare.
subject: Articles
  topic: section
subject: Hajj funds, Islamic law, Maqasid al-Shari‘ah Sukuk Investment, Ta‘arudl al-Maslahah.
  topic: keywords
creator: Jaenal Aripin
rights: Copyright (c) 2025 Jaenal Aripin https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-30
publication date: 2025-06-30
starting page: 360
ending page: 388
doi: 10.32332/milrev.v4i1.10424