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 we review. We are proud to announce that MILRev: Metro Islamic Law Review has achieved a significant milestone by being officially indexed in Scopus and SINTA 2, under the decree of the Ministry of Education, Culture, Research, and Technology of the Republic of Indonesia No: 177/E/KPT/2024. This recognition reflects our commitment to upholding the highest standards of quality and rigor, positioning MILRev as a trusted and influential academic journal in the global scholarly community. To ensure the integrity of our review process, we kindly remind authors that adherence to submission guidelines is mandatory. Manuscripts that do not comply with our formatting and style requirements will be returned without review. Only manuscripts that align with our guidelines will be considered for further editorial evaluation and peer review. We invite you to join our mission of fostering impactful research and welcome your valuable contributions to MILRev. Let us collaborate to advance knowledge and make meaningful contributions to the field.
Contemporary Islamic Economic Law on Legal Protection for Bankrupt Guarantors: Comparative Insights from Common Law and Asian Jurisdictions
The legal protection of guarantors declared bankrupt or suspended from debt payment obligations (PKPU), together with the principal debtor, remains a critical yet underexplored issue in Indonesian insolvency law. This study examines the scope and adequacy of such protections under contemporary Islamic economic law, providing comparative insights from selected common law and Asian jurisdictions. Employing a normative juridical approach combined with comparative legal analysis, the research analyses statutory provisions, judicial precedents, and doctrinal interpretations. The study highlights the imbalance of liability between guarantors and debtors, the absence of explicit safeguards under Law No. 37 of 2004 on Bankruptcy and PKPU, and the resulting implications for creditor rights and economic justice. Comparative analysis draws from the United Kingdom and United States (standard law systems) and Singapore, Japan, and Malaysia (Asian jurisdictions), revealing more structured protections for guarantors, including mechanisms such as independent liability, automatic stay, and negotiated debt restructuring. The findings indicate that Indonesia's current framework inadequately recognises the secondary and derivative nature of guarantor obligations, exposing them to disproportionate risk. This study contributes to the academic discourse by integrating contemporary Islamic economic principles into the analysis of insolvency law, providing a normative framework for reform and offering comparative insights that can inform both legislation and future research on guarantor protection. The study recommends legislative reform to explicitly regulate guarantor protection, integrating principles of proportionality, good faith, and balanced creditor–debtor relations, in line with contemporary Islamic economic law.
Legal Protection, Guarantor, Bankruptcy, Islamic Economic Law.
Copyright (c) 2025 Bambang Sugeng Ariadi Subagyono, Ermanto Fahamsyah, Hariyanto Sururi, Amaliyah https://creativecommons.org/licenses/by-sa/4.0
The Role of Maslahah Mursalah in Strengthening Religious Moderation: A Contemporary Approach to Mitigating Radicalism in State Islamic Universities in Indonesia
State Islamic Universities (Universitas Islam Negeri/UIN) in Indonesia function as transformative arenas for the development of Islamic thought and movements that actively counter radicalism and extremist ideologies. This study employs a qualitative approach with an exploratory descriptive design, utilizing a case study methodology. Data were collected through field observations and in-depth interviews with nine purposively selected informants, including the head, secretary, and administrative staff of Ma’had Al-Jami’ah. The data were analyzed using content analysis informed by social theory to capture both normative and practical dimensions of religious moderation. The findings demonstrate that the concept of Maslahah Mursalah plays a central role in shaping the religious moderation programs implemented at Ma’had Al-Jami’ah. This principle serves as a flexible legal-ethical framework that enables Islamic teachings to respond constructively to contemporary social challenges. Core religious subjects—such as theology (ʿaqīdah), ethics (akhlāq), and Islamic law (sharīʿah)—are not taught rigidly but are interpreted contextually to address present-day realities. For instance, the concept of jihad is redefined beyond its narrow association with armed struggle and expanded to include intellectual endeavors (ṭalab al-ʿilm), scientific advancement, and technological innovation. This reinterpretation encourages students to view knowledge production and social contribution as integral forms of religious commitment. This study contributes significantly to the discourse on religious moderation in Islamic higher education by offering empirical insights into institutional strategies that foster moderation, resilience, and responsiveness to contemporary societal issues.
Maslahah Mursalah; Religious Moderation; Radicalism; State Islamic University.
Copyright (c) 2026 Agus Hermanto, Gesit Yudha, Siti Nurjanah, Agustiyara https://creativecommons.org/licenses/by-sa/4.0
Contemporary Reassessment of Punishment in Islamic and Secular Law: A Comparative Study of Justice and Penal Philosophy
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.
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
Digital Empowerment and E-Commerce Adoption among Handicraft SMEs: A Contemporary Islamic Economic Law Study Using the TOE Framework
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.
Digital Empowerment, E-Commerce Adoption, Handicraft SMEs, Islamic economic law.
Copyright (c) 2025 Nuril Aulia Munawaroh, Sudarmiatin, Erry Tri Djatmika, Agus Hermawan, Miftahul Munir https://creativecommons.org/licenses/by-sa/4.0
Revitalising Maskan during ʿIddah: A Fiqh Analysis of Contemporary Post-Divorce Challenges in Indonesia
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 emerges as both a legal entitlement and a socio-institutional instrument, enabling the ʿiddah period to function as a constructive phase that balances women’s rights, legal certainty, and the realistic possibility of post-divorce reconciliation. The primary academic contribution of this article lies in its reconceptualisation of maskan as a relational socio-legal institution within Islamic family law. By integrating normative Islamic legal principles with empirical socio-legal insights, this study moves beyond doctrinal readings that frame maskan solely as a post-divorce obligation.
ʿIddah, Maskan, Post-Divorce Reconciliation, Fiqh, Family Law.
Copyright (c) 2026 Muhamad Hasan Sebyar, Anisa Anisa, Hadi Asrori, Sukiati Sukiati, Moh. Buny Andaru Bahy https://creativecommons.org/licenses/by-sa/4.0
Legal Protection of Secured Creditors in Contemporary Bankruptcy: A Comparative Study of Positive Law and Islamic Law
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.
Bankruptcy, Creditor, General Attachment (Sita Generalis), Islamic Law.
Copyright (c) 2025 Yuhelson, Nur Hakim https://creativecommons.org/licenses/by-sa/4.0
A Contemporary Socio-Legal Evaluation of Indonesia's Post-Reformation Child Marriage Policies
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, and rights of children and women while promoting gender equality and long-term societal well-being.
Child Marriage, Legal Reform, Social Policy, Socio-Legal.
Copyright (c) 2025 Asep Saepullah, Abdul Aziz, Ipuk Widayanti, M. Zidny Nafi’ Hasbi, Adamu Abubakar Muhammad https://creativecommons.org/licenses/by-sa/4.0
The Childfree Discourse in Contemporary Islamic Family Law and Human Rights: Insights from Young Muslim Academics in Indonesia
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.
Childfree, Human Rights, Individual Piety, Young Academics, Contemporary Issues
Copyright (c) 2026 Khoiruddin Nasution, Zezen Zainul Ali, Mufrod Teguh Mulyo, Syamruddin Nasution, Syaefullah https://creativecommons.org/licenses/by-sa/4.0
Gender Justice in Child Custody Disputes: The Maqāṣid al-Sharī‘ah Approach in Contemporary Judicial Practice
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.
Gender Justice, Child Custody, Maqāṣid al-Sharī‘ah, Contemporary Judicial Practice
Copyright (c) 2025 Farida Nurun Nazah, Restia Gustiana, Tobibatus Saadah, Ahmad Suryadi https://creativecommons.org/licenses/by-sa/4.0
Judicial Neutrality in Corruption Trials: A Contemporary Islamic Law Perspective on Independence in Transitional Legal Systems
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.
Corruption Trials, Judicial Neutrality, Legal Reform, Public Trust, Transitional Legal Systems.
Copyright (c) 2025 Irman Syahriar, Indera Dewi, Fifi Loanardy, Jamil Khairunnisah, Bilal Hussain https://creativecommons.org/licenses/by-sa/4.0
Harmonizing Contemporary International Commercial Law with Sharia-Based National Legal Systems: A Comparative Study of Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia
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.
Comparative Study, Harmonization of Law, International Commercial Law, OIC Countries, Sharia.
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
Contemporary Islamic Legal Perspectives on Qualification Policy Politics in Indonesia
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.
Islamic Law, Justice, Legal Politics, Maṣlaḥah, Qualification Policy.
Copyright (c) 2025 Maryanto, Muh. Isna Nurdin Wibisana , Bambang Sumardjoko https://creativecommons.org/licenses/by-sa/4.0
Safeguarding Maritime Sovereignty: Comparative Law Enforcement against Illegal Fishing in Positive and Contemporary Islamic Law
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.
Environmental, Illegal Fishing, Islamic law, Maritime Sovereignty, Positive law.
Copyright (c) 2025 Sri Dwi Retno Ningsih, Adi Sulistiyono, Hartiwiningsih, Emmy Latifah https://creativecommons.org/licenses/by-sa/4.0
Constructive Criticism of the Role of Sharia Advocates in Legal Aid in the Contemporary Era
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.
Constructive Criticism, Contemporary Era, Legal Aid, Sharia Advocate.
Copyright (c) 2025 Budi Sastra Panjaitan https://creativecommons.org/licenses/by-sa/4.0
Reconstructing Wage Law in the Contemporary Era: A Pancasila Justice and Maqāṣid al-Sharī‘ah Perspective
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.
Distributive Justice, Employment Law, Maqāṣid Al-Sharī‘Ah, Pancasila Justice, Wage Legislation.
Copyright (c) 2025 Widiatama, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko https://creativecommons.org/licenses/by-sa/4.0
Sharia Compensation Schemes and Employee Performance in Contemporary Islamic Economics
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.
Contemporary Islamic Economics, Job Satisfaction, Religious Motivation, Sharia Compensation, Worker Performance.
Copyright (c) 2025 Heru Subiyantoro, Karnaji, Fendy Suhariadi https://creativecommons.org/licenses/by-sa/4.0
Psychological Recovery of Crime Victims within Contemporary Restorative Justice: An Islamic Legal Perspective
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.
Indonesian Criminal Law, Psychological Recovery, Restorative Justice, Victim Protection.
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
Reinterpreting Ḥifẓ al-nasl in Contemporary Marriage Contracts: Navigating Islamic Normativity and State Law
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.
Indonesian Legal System, Islamic Normativity, Lineage Protection, Marriage Contract.
Copyright (c) 2025 Mustamam, Danialsyah, Nurasiah Harahap, Mega Arum Saputri, Lutter Ariestino https://creativecommons.org/licenses/by-sa/4.0
Outsourcing and Labour Justice in Indonesia: Integrating Contemporary Islamic Legal Principles with the National Regulatory Framework
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.
Contemporary Islamic Law, Employment Justice, Maqāṣid Al-Sharī’ah, Outsourcing.
Copyright (c) 2025 Arpangi, Gunarto, Nanang Sri Darmadi, Trubus Wahyudi https://creativecommons.org/licenses/by-sa/4.0
Reinforcing the Role of the Gakkumdu Center in Electoral Law Enforcement: A Contemporary Analysis from the Perspective of Fiqh Siyasah Dusturiyah
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.
Electoral Law Enforcement, Fiqh Siyasah Dusturiyah, Gakkumdu Center, Strengthening.
Copyright (c) 2025 Efa Rodiah Nur, Liky Faizal, Abd. Qohar, Harapandi Dahri Syahrum https://creativecommons.org/licenses/by-sa/4.0
Legal Framework Model for Sustainable Solid Waste Management in Indonesia: A Contemporary Environmental Fiqh Perspective
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.
Fiqh Al-Biʾah, Environmental Law, Islamic Green Finance, Waste Governance.
Copyright (c) 2025 Maskun, Ratnawati, Wiranti, Asriyani, Jamal Aslan https://creativecommons.org/licenses/by-sa/4.0
Living Hadith and Legal Traditions in Preserving Ancestry: A Case Study of the Contemporary Arab Sayyid Community in Lampung
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 normative sources but also as living social practices that shape the legal and cultural structures of society. Moreover, this study enriches the existing literature on the integration of religious tradition and identity construction within contemporary Islamic legal studies.
Ancestry, Legal, Lineage, Living Hadith, Tradition.
Copyright (c) 2025 Muhammad Zaki, Alwi bin Hamid bin Syihab, Akhmad Ikhwani, Moh. Mukri https://creativecommons.org/licenses/by-sa/4.0
Critical Review of Murābaḥah Financing in Contemporary Islamic Banking: A Maqāṣid al-Sharī‘ah Perspective
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.
Contemporary Islamic Banking, Maqāṣid al-sharī‘ah, Murābaḥah Financing, Sustainable Islamic Finance
Copyright (c) 2025 Djumadi, Arzal Syah, Hamida, Mujahidin, Kamiruddin https://creativecommons.org/licenses/by-sa/4.0
Regional Legislative Oversight of Fiscal Policy in Contemporary Islamic Economic Law
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.
Accountability, Amānah, Benefit, Fiscal, Transparency.
Copyright (c) 2025 Dani Sintara, Ahmad Rusly Purba, Sitta Saraya, Abd Ulrahman Raad Nouri https://creativecommons.org/licenses/by-sa/4.0
Reassessing Islamic Banking Supervision in Indonesia: A Contemporary Islamic and Socio-Legal Perspective on OJK’s Integrated Model
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.
Integrated Supervision, Islamic banking, OJK, Socio-Legal Approach.
Copyright (c) 2025 Hasan, Teng Berlianty , Merry Djoanda, Juanrico A. S. Titahelu , Mualimin Mochammad Sahid https://creativecommons.org/licenses/by-sa/4.0
Human Trafficking and the Relevance of Hifz al-nafs and Hifz al-’ird in Contemporary Islamic Legal Ethics
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.
Human trafficking, Maqasid al-Shariah, Hifz al-Nafs, Hifz al-’ird.
Copyright (c) 2025 Bambang Tri Bawono, Moh. Nurul Huda, Ahmad Hadi Prayitno, Moh. Aris Siswanto https://creativecommons.org/licenses/by-sa/4.0
Integrating Maqasid al-Shari’ah in Contemporary Islamic Legal Reform on Drug Policy
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 practical framework for future legal reforms in Muslim-majority contexts.
Drug Policy, Harm Reduction, Islamic legal Reform, Maqasid al-Shari’ah, Rehabilitation.
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
Contemporary Legal Accountability Reform in Public Procurement: A Framework Integrating Ethical Norms and Anti-Corruption Mechanisms
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.
Accountability, Anti-Corruption, Governance, Legal Reform, Public Procurement.
Copyright (c) 2025 Jawade Hafidz, Muhamamd Dias Saktiawan, Agus Prasetia Wiranto, Aditya Noviyansyah, Ahmed Kheir Osman https://creativecommons.org/licenses/by-sa/4.0
The Victim's Best Interest Principle in Islamic Law: An Examination of the Substance of Sexual Violence in Muslim Majority Countries in the Contemporary Era
This article examines the extent to which the principle of the best interests of victims is accommodated within the legal frameworks for protecting victims of sexual violence in Muslim-majority countries. It critically explores the normative and practical gap between Islamic legal principles—particularly the protection of life (ḥifẓ al-nafs) and honor (ḥifẓ al-‘irḍ)—and the operation of positive law in Indonesia, Malaysia, and Egypt. The central questions addressed are how victim protection is conceptualized and regulated within the legal systems of these three countries, and whether the best interests of victims have been established as the primary normative and policy orientation. This study employs a normative juridical method, utilizing comparative and conceptual approaches, and analyzes statutory regulations, legal doctrines, court decisions, and relevant academic literature. The findings reveal that, despite recent legal reforms, existing regulatory frameworks remain predominantly perpetrator-oriented. Victim protection is often treated as supplementary rather than foundational, resulting in limited access to justice, insufficient recovery mechanisms, and weak institutional responsiveness to victims’ needs. Building on a Maqāṣid al-Sharī‘ah perspective, this article proposes a legal reconstruction that re-centers the protection of victims as a core objective of Islamic and national legal systems. It argues that the principle of the best interests of victims is not only compatible with Islamic law but is inherently embedded within its ethical and purposive framework. Accordingly, the study recommends strengthening substantive legal norms, procedural safeguards, institutional coordination, and legal culture to ensure holistic and equitable victim protection. The academic contribution of this article lies in its integration of Maqāṣid al-Sharī‘ah with comparative victimology, offering a normative framework that bridges Islamic legal theory and contemporary human rights discourse. It advances the discussion on victim-centered justice by providing a contextualized Islamic legal justification for prioritizing victims’ interests within modern legal systems.
Best Interest of the Victim, Maqāṣid al-Sharī’ah, Sexual Violence.
Copyright (c) 2026 Elfa Murdiana, Nunung Rodliyah, Rudi Natamiharja, M. Nur Fathoni, Gautam Kumar Jha https://creativecommons.org/licenses/by-sa/4.0
Between Tradition and Sharia: Endogamous Marriage Practices in the Pesantren Community of Bandung Regency from a Contemporary Islamic Legal Perspective
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.
Contemporary Islamic Law, Endogamy, Married, Kafā’ah, Urf.
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