SYARIAT: Akhwal Syaksiyah, Jinayah, Siyasah and Muamalah
SYARIAT: Akhwal Syaksiyah, Jinayah, Siyasah and Muamalah is a high-quality open access peer-reviewed research journal published by the Islamic Study Centre, Yayasan Dermawan Cendikiawan Bersatu, Indonesia. Aiming to communicate original research and relevant current issues, this journal regularly publishes articles and research reports twice a year every April, July, October and January. It focuses on the issue of study Contemporary Islamic Law practices in Indonesia, Southeast Asia, and Global Perspective by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, sharia economic law, human rights law, customary law, and environmental law, in the framework of Indonesian legal studies and global context. This journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
The Concept of Al-Hisbah in Upholding Public Morals: Historical Foundations and Contemporary Applications in Modern Society
This research explores the concept of al-hisbah as an institution for upholding public morals, examining its historical foundations, classical functions, and relevance in modern society. Historically, al-hisbah was institutionalized to supervise markets, enforce public morality, and promote communal welfare, with the muhtasib serving as the central authority responsible for implementing these duties. Using a qualitative methodology based on literature review, comparative analysis, and normative juridical study, this research investigates how the principles of hisbah accountability, moral oversight, and public welfare can be adapted to contemporary governance frameworks. The study finds that modern institutions, such as anti-corruption commissions, consumer protection agencies, and ethics committees, embody hisbah-inspired principles, providing mechanisms to address moral decline, fraud, and social injustice while operating within democratic and pluralistic contexts. The research also identifies challenges, including potential authoritarian misuse, conflicts with individual rights, and the need to align ethical oversight with human rights standards. Analytical discussion highlights the enduring relevance of the Qur’anic principle amr bi al-ma‘ruf wa nahy ‘an al-munkar in guiding ethical governance in globalized societies. In conclusion, the study affirms that integrating al-hisbah values into modern institutions can enhance accountability, social justice, and public welfare, demonstrating the timeless significance of hisbah in addressing contemporary moral and societal challenges.
Copyright (c) 2025 Yasir Altair (Author) https://creativecommons.org/licenses/by-nc/4.0
The Role of the Ulema Council’s Fatwa in Public Policy Formulation: A Study of Regional Sharia Economic Policy in Indonesia
This research examines the role of the Ulema Council’s fatwa in the formulation of regional sharia economic policies in Indonesia. Fatwas, as non-binding religious legal opinions, hold significant normative authority and serve as moral guidance for Muslim communities, while also providing a reference point for policymakers in shaping sharia-compliant regulations. The study explores the extent to which fatwas influence regional policies, the mechanisms of their integration into governance, and the challenges encountered in their implementation. Using a qualitative approach with literature review, case analysis, and comparative study of selected regions, the research identifies that fatwas have successfully contributed to the growth of sharia-based financial systems, halal certification, and zakat and waqf management. These successes demonstrate the potential of fatwas as instruments that bridge religious values with economic development. However, the research also finds critical challenges, including the non-binding nature of fatwas, issues of legal pluralism, uneven regional capacity, politicization of religious authority, and low levels of public literacy in sharia economics. The study concludes that while fatwas are important normative resources in regional policymaking, their effectiveness depends on harmonization with national law, institutional coordination, and community engagement. By providing both theoretical insights and practical recommendations, this research contributes to a deeper understanding of the intersection between religion and state governance in Indonesia, and underscores the importance of building inclusive, legitimate, and sustainable frameworks for sharia economic development.
Copyright (c) 2025 Aaron Hashir, Muhammad Rashid (Author) https://creativecommons.org/licenses/by-nc/4.0
Legal Protection for Cyberbullying Victims: A Comparative Study of Jinayah Perspective and Positive Law
Cyberbullying has become a serious social and legal issue in the digital era, causing significant psychological, social, and moral harm to its victims. This research aims to analyze the legal protection of cyberbullying victims from two perspectives: Indonesian Positive Law and Islamic criminal law (Jinayah). The study adopts a qualitative normative legal research method, utilizing statutory, conceptual, and comparative approaches supported by literature review and case analysis. The results show that Positive Law, particularly through the Information and Electronic Transactions (ITE) Law, the Criminal Code (KUHP), and the Child Protection Law, provides a codified framework to criminalize acts of online harassment, defamation, and threats. However, its focus on punitive sanctions often neglects the holistic recovery of victims. In contrast, the Jinayah perspective addresses cyberbullying through prohibitions against qadhf (false accusation), ghibah (backbiting), namimah (slander), and other offenses under ta’zir, guided by the principle of protecting human dignity (ḥifẓ al-‘ird) within maqasid al-shariah. While Positive Law ensures legal certainty, Jinayah emphasizes restorative justice, reconciliation, and moral accountability. A comparative analysis reveals that neither system alone provides comprehensive protection for victims. Therefore, this research recommends integrating Positive Law’s procedural clarity with the restorative justice elements of Jinayah to establish a more holistic framework for victim protection. Such harmonization requires collaboration among government institutions, religious authorities, educational institutions, and society. This research contributes theoretically by enriching comparative legal studies between Positive Law and Jinayah, practically by offering policy recommendations for improving victim protection mechanisms, and socially by raising awareness about the seriousness of cyberbullying and the importance of safeguarding victims’ rights in both national and religious contexts.
Copyright (c) 2025 Afifa Kareema, Qadriya Qadriya, Madaniyah Madaniyah (Author) https://creativecommons.org/licenses/by-nc/4.0
Application of the Musharakah Mutanaqisah Principle in Community-Based Housing Financing: A Shariah-Compliant Approach to Affordable and Inclusive Housing
The issue of housing affordability remains a significant challenge for low- and middle-income communities, particularly within conventional mortgage systems that rely on interest-based financing. This research explores the application of the Musharakah Mutanaqisah (MMQ) principle as a Shariah-compliant alternative for community-based housing financing. The study aims to examine how MMQ can provide affordable, inclusive, and equitable housing solutions while promoting social justice and community empowerment. Employing a qualitative approach, the research draws on literature analysis, case study reviews, and comparative examination of existing models of Islamic housing finance. The findings indicate that MMQ offers substantial benefits by eliminating riba (interest), enhancing affordability, and fostering shared responsibility between financiers and community members. Moreover, the model encourages community participation and strengthens collective resilience in housing development. However, the research also identifies key challenges, including legal and operational complexities, risk-sharing concerns, regulatory barriers, and limited stakeholder awareness. This study contributes theoretically by expanding the discourse on Islamic finance and housing studies, situating MMQ not only as a financial innovation but also as a tool for sustainable community development. Practically, it offers valuable insights for policymakers, Islamic financial institutions, housing cooperatives, and community organizations in designing housing finance models that are both Shariah-compliant and socially inclusive. Ultimately, the application of MMQ demonstrates strong potential to bridge the gap between financial justice and social welfare, making it a promising mechanism for sustainable housing solutions.
Copyright (c) 2025 Rizqi Naufal (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of the Application of Qiṣās in Murder Cases: A Normative Study of the Views of the Four Schools of Thought
This research examines the application of Qiṣās (retributive justice) in cases of intentional murder from the perspective of Islamic law, with a specific focus on the normative interpretations offered by the four major Sunni schools of thought: Hanafi, Maliki, Shafi’i, and Hanbali. The study explores the doctrinal foundations, conditions, and limitations of implementing Qiṣās, including the role of Diyya (blood money), the evidentiary standards, and the discretionary power given to the victim’s heirs to seek retribution or forgiveness. Through a qualitative doctrinal approach, this research analyzes classical jurisprudential texts and contemporary legal practices in Muslim-majority countries. It also evaluates the implications of Qiṣās in relation to modern human rights standards, particularly issues of equality, justice, and the right to life. The findings indicate that while Qiṣās remains a central tenet of Islamic criminal law, its application varies across schools and requires contextual reinterpretation to align with current legal and ethical frameworks. The study concludes that harmonizing traditional Islamic principles with international human rights norms is both possible and necessary for justice systems in Muslim societies today.
Copyright (c) 2025 Dayyan Moazzam, Gafi Ahmad Attirmidzi (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of the Authority of Marriage Guardians in the Perspective of Islamic Law and Marriage Law in Indonesia
This research explores the authority of wali nikah (marriage guardians) from the dual perspectives of Islamic law and Indonesian national marriage law. The study aims to analyze the extent, limitations, and implications of a guardian’s role in the marriage process, particularly when there is a refusal to grant permission without valid religious justification (wali adhal). Utilizing a normative juridical approach supported by literature studies and case analysis, the research examines legal texts, fatwas, and court decisions from the past decade to highlight how conflicts are resolved through judicial mechanisms. The findings indicate that both Islamic law and Indonesian Marriage Law uphold the importance of guardianship in ensuring proper marital procedures, but also emphasize that guardianship is not absolute. In situations of unjustified refusal, the Religious Court holds the authority to appoint a wali hakim (judicial guardian), thereby protecting the bride’s right to marry. This research concludes that the role of the guardian is a trust with religious and legal responsibilities, and the state plays a vital role in balancing religious norms with legal justice to uphold individual rights.
Copyright (c) 2025 Adillah Karim Munir (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of the Relevance of Hudud Punishment in the Context of Law Enforcement in Indonesia
This research explores the relevance and implications of implementing Hudud punishment within the framework of Indonesia’s legal system. Hudud, as prescribed in Islamic law, refers to fixed punishments for specific crimes such as theft, adultery, and apostasy, derived from the Quran and Hadith. While Hudud holds strong theological foundations and historical precedence in various Islamic countries, its application in Indonesia a nation characterized by religious pluralism, constitutional democracy, and adherence to international human rights norms presents a complex legal and sociopolitical challenge. Through normative legal research methods and qualitative analysis, this study examines the compatibility of Hudud with Indonesia’s constitutional principles, national criminal law, and the broader societal context. The study also analyzes the partial implementation of Sharia in Aceh province as a case study, alongside public opinion and academic debates surrounding the issue. Findings reveal significant constitutional, procedural, and human rights concerns that limit the viability of Hudud punishments at the national level. While religious sentiments may support its moral intent, the legal, social, and political landscape of Indonesia suggests that Hudud punishment is not practically or ethically aligned with the nation's current legal and democratic framework. This research contributes to the ongoing discourse on Islamic law, legal reform, and religious pluralism in Indonesia, highlighting the need for balanced, inclusive approaches to lawmaking that respect both religious values and constitutional commitments.
Copyright (c) 2025 Basyira Syadza Chayra, Dalilatul Zahratussalamah (Author) https://creativecommons.org/licenses/by-nc/4.0
An Analysis of the Relationship Between Executive Power and Islamic Law in Democratic States
This research explores the complex relationship between executive power and Islamic law within the framework of democratic governance in Muslim-majority states. It aims to analyze how executive authorities interpret, apply, and mediate the role of Islamic law while maintaining democratic principles such as pluralism, human rights, and the rule of law. Using a qualitative approach that incorporates comparative case studies, legal analysis, and review of existing literature from the past decade, the study identifies key challenges and controversies, including the politicization of religion, legal pluralism, and tensions between religious norms and constitutional values. The findings reveal that executive leadership plays a pivotal role in shaping the integration of Islamic law into state structures, and that success in this integration depends on legal reform, institutional checks, and inclusive governance. This research contributes to ongoing academic and policy debates on the relationship between religion and the state, offering practical insights for managing religious law within democratic institutions. It also highlights broader implications for legal modernization, human rights protection, and the consolidation of democratic governance in Muslim-majority societies.
Copyright (c) 2025 Adil Aiman Hamzah (Author) https://creativecommons.org/licenses/by-nc/4.0
An Analysis of Criminal Sanctions for Adultery Under Islamic Law and the National Legal System: A Study of Legal Pluralism in Indonesia
This research examines the criminal sanctions for adultery under Islamic law and the national legal system, focusing on their legal requirements, procedural aspects, and the challenges posed by legal pluralism in a multicultural state. By analyzing the evidentiary standards, legal processes, and underlying principles of both systems, the study reveals significant differences in how adultery is proven and punished. Islamic law mandates stringent proof and severe hudud penalties based on religious texts, while the national legal system applies more flexible procedures and sanctions emphasizing human rights and due process. The coexistence of these dual legal frameworks in Indonesia highlights complexities in jurisdiction and legal certainty, particularly in regions implementing Islamic criminal law. This research underscores the need for harmonization efforts that respect religious values while ensuring fairness, equality, and adherence to constitutional principles. The findings contribute to ongoing debates about the integration of religious law within national legal systems and the pursuit of justice in pluralistic societie.
Copyright (c) 2025 Ikhwan Fawwas (Author) https://creativecommons.org/licenses/by-nc/4.0
An Islamic Law Perspective on Online Buying and Selling Without Direct Inspection of Goods (Bay’ al-Ghaib) in E-Commerce Practices
The rapid development of e-commerce has revolutionized traditional buying and selling practices, allowing transactions to occur without the physical presence of goods. This shift raises significant legal and ethical questions, especially in the context of Islamic law, which emphasizes clarity (bayyinah), the avoidance of uncertainty (gharar), and the protection of both buyers and sellers. This research analyzes online buying and selling practices specifically those conducted without the direct inspection of goods from the perspective of Islamic jurisprudence (fiqh muamalah). By reviewing classical concepts such as bay' al-ghaib and khiyar, and comparing them with modern e-commerce features like product descriptions, customer reviews, guarantees, and return policies, the study explores how contemporary mechanisms may fulfill Shariah requirements for fair and transparent trade. Using qualitative methods including literature review and analysis of current e-commerce platforms (e.g., Shopee, Tokopedia, Amazon), this research finds that while online transactions can be aligned with Islamic principles, greater attention must be given to issues such as trustworthiness, accuracy of product information, and the availability of buyer protections. The study concludes with recommendations to strengthen compliance with Islamic values in digital marketplaces, ensuring that Muslim consumers and sellers can engage ethically and confidently in online commerce.
Copyright (c) 2024 Aaizulrahman Fikra (Author) https://creativecommons.org/licenses/by-nc/4.0
Comparative Analysis of Qadzaf Punishment in Islamic Law and Defamation under Indonesia’s ITE Law: Legal Perspectives on Honor, Reputation, and Public Morality
This research explores the comparative legal frameworks governing defamation related to zina accusations by analyzing the Qadzaf punishment in Islamic law alongside the defamation provisions under Indonesia’s Information and Electronic Transactions (ITE) Law. The study aims to examine how these distinct legal systems address the protection of reputation, honor, and public morality, highlighting their principles, evidentiary requirements, and sanctions. Using a qualitative normative approach through literature review and legal analysis, the research identifies the strengths and limitations inherent in both frameworks. The findings reveal that while Qadzaf enforces strict evidentiary standards and severe penalties rooted in religious ethics, the ITE Law provides a broader but sometimes ambiguous statutory protection of reputation in the digital age. This dual legal context presents challenges and opportunities for harmonization to ensure justice, fairness, and respect for human dignity. The research offers policy insights for lawmakers, judges, and practitioners navigating defamation cases in pluralistic legal settings, contributing to the ongoing discourse on legal harmonization and human rights protection in Indonesia.
ITE Law (Information and Electronic Transactions Law)
Copyright (c) 2024 Mohammad Zidan Anshary, Rafardhan Rafardhan, Althaf Hasan (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of Fiqh Review of Child Custody Rights After Divorce (Ḥaḍānah) in Religious Court Decisions
This research analyzes the concept of ḥaḍānah (child custody) from a fiqh perspective and its application in religious court decisions in Indonesia following divorce. The study aims to examine how Islamic legal principles regarding child custody are interpreted and implemented by judges, and to what extent these decisions align with contemporary legal standards and child welfare principles. Using a qualitative juridical-normative method combined with case analysis of selected court rulings from the last decade, this study explores the consistency, rationale, and trends in religious court verdicts. The findings reveal that while religious courts largely adhere to classical fiqh doctrines such as maternal priority for young children and considerations of parental capability there is an increasing shift toward integrating the best interests of the child, psychological well-being, and social context into judicial reasoning. However, gaps remain in the uniformity and depth of such interpretations. This study recommends harmonizing Islamic jurisprudence with modern legal and welfare frameworks to ensure more child-centered, equitable outcomes in custody cases. The research offers insights for legal practitioners, judges, and policymakers involved in Islamic family law reform.
Copyright (c) 2024 Khaizaran Atthallah, Rafardhan Rafardhan, Firash Qazzafi (Author) https://creativecommons.org/licenses/by-nc/4.0
Fiqh Analysis of the Practice of Pawning House Certificates as Business Capital in Contemporary Islamic Economic Contexts
This research examines the practice of pawning house certificates to obtain business capital from the perspective of Islamic jurisprudence (Fiqh). Pawning property certificates has become a common method for entrepreneurs to access urgent funding, especially in communities with limited access to formal financial institutions. However, this practice often involves elements that may conflict with Shariah principles, such as riba (interest), gharar (uncertainty), and potential exploitation. Through qualitative analysis and fiqh-based review, this study identifies the ethical and legal challenges inherent in current pawning practices, emphasizing the risks faced by borrowers, including the possible loss of their homes. The research highlights the gap between practical financial behavior and Islamic law, calling for greater transparency, fairness, and the promotion of Shariah-compliant alternatives. Findings suggest that developing accessible Islamic financing models and increasing borrower education are essential to align pawning practices with Islamic values, ensuring both economic empowerment and religious compliance. This study contributes to the discourse on ethical finance and provides recommendations for policymakers and Islamic financial institutions to enhance the socio-economic welfare of Muslim entrepreneurs.
Copyright (c) 2024 Luqman Saddam Wistara (Author) https://creativecommons.org/licenses/by-nc/4.0
The Urgency of Implementing Siyasah Syar’iyyah Values in National Law-Making: Harmonizing Islamic Governance Principles with Constitutional Democracy
This study explores the urgency of incorporating Siyasah Syar’iyyah values Islamic principles of governance and law-making into the formulation of national laws. Rooted in Islamic jurisprudence, Siyasah Syar’iyyah offers a pragmatic and ethical framework that prioritizes justice, public welfare, and social harmony. This research analyzes its historical development, relevance, and potential to address contemporary legal challenges in pluralistic and democratic societies. Using a qualitative methodology, the study examines existing literature and legal frameworks to identify synergies and tensions between Islamic values and constitutional democracy. The findings highlight the importance of balancing religious ethics with inclusivity, human rights, and legal pluralism. The study proposes practical recommendations for policymakers and religious authorities to integrate Siyasah Syar’iyyah values effectively without compromising the principles of pluralism and democracy. This research contributes academically to Islamic legal discourse and practically to national legal reform, promoting laws that are both ethically grounded and socially just.
Copyright (c) 2024 Arsyad Dzimar, Ezhar Ghazlan (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of the Maqashid Syariah Approach to the Death Penalty for Drug Offenders
This study examines the application of the death penalty for drug offenders from the perspective of Maqashid Syariah, the higher objectives of Islamic law that emphasize the preservation of life, intellect, religion, lineage, and wealth. The research aims to analyze whether the use of capital punishment in drug-related cases aligns with the ethical and jurisprudential principles of Shariah. Utilizing a qualitative methodology through doctrinal analysis of Islamic texts and contemporary legal practices, the study identifies a tension between strict punitive measures and the maqashid’s emphasis on justice, mercy, and social welfare. The findings suggest that alternative penalties such as rehabilitation and life imprisonment are more consistent with Maqashid principles, offering a balanced approach that upholds human dignity and promotes societal harmony. This research contributes to the ongoing discourse on Islamic criminal justice reform, advocating for policies that reflect both religious values and contemporary human rights concerns.
Copyright (c) 2024 Adillah Najib Saqib (Author) https://creativecommons.org/licenses/by-nc/4.0
An Analysis of Islamic Law on Polygamy Without Court Permission: Legal, Ethical, and Social Perspectives
This research analyzes the practice of polygamy in the context of Islamic law and its regulation under national legal frameworks, focusing specifically on marriages conducted without court permission. Islamic law permits polygamy under strict conditions aimed at ensuring justice and fairness among spouses. However, the requirement of court permission in many countries serves as a legal safeguard to protect the rights of wives and children and to prevent potential abuse. Through qualitative analysis of Islamic legal texts, national regulations, and case studies, this study examines the implications of bypassing court permission on the rights and status of wives and children, as well as the broader impact on justice and gender equity. The findings highlight significant legal and ethical challenges arising from unauthorized polygamous marriages and emphasize the importance of court oversight in upholding Islamic ethical principles and national laws. The study concludes by recommending legal and religious reforms to better align the practice of polygamy with the objectives of justice, equity, and protection of family welfare.
Copyright (c) 2024 Abubaker Chiagozie, Akpofure Akpofure (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of the Concept of Ta'zir in Law Enforcement Against Perpetrators of Sexual Harassment
This research examines the concept of Ta'zir in Islamic criminal law and its potential application in law enforcement against perpetrators of sexual harassment. As sexual harassment becomes an increasingly pressing social issue, many legal systems struggle to effectively address it within the bounds of both cultural values and modern justice standards. Ta'zir, a discretionary punishment in Islamic jurisprudence, offers a flexible legal framework for offenses that fall outside fixed penalties (hudud and qisas), making it a potentially powerful tool for addressing such cases. This study employs a qualitative normative approach, analyzing classical Islamic legal texts, relevant national laws, and contemporary interpretations to assess how Ta'zir can be integrated into modern legal systems. The findings reveal that Ta'zir, when guided by the objectives of Islamic law (maqasid al-shariah), can promote justice by emphasizing deterrence, rehabilitation, and the protection of victims’ dignity. However, the research also identifies challenges, including the lack of standardization, judicial discretion, and possible conflicts with international legal norms. Ultimately, this study concludes that with appropriate reform, education, and codification, Ta'zir can be a relevant and constructive legal mechanism in addressing sexual harassment within modern justice systems.
Copyright (c) 2024 Arief Ismail, Nabila Nabila (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of the Role of Ulama in Public Policy from a Siyasah Syar’iyyah Perspective
This research examines the role of ulama (Islamic scholars) in shaping public policy through the lens of siyasah syar’iyyah, a classical Islamic political framework that emphasizes governance based on justice, public interest, and adherence to shari’ah principles. The study employs a qualitative approach, combining normative analysis of Islamic texts with a comparative examination of ulama’s influence in Muslim-majority countries such as Indonesia, Malaysia, and Iran. Findings reveal that ulama serve as vital moral and ethical guides in public policy, functioning both within formal institutional frameworks and informal religious platforms, including digital media. The legitimacy and effectiveness of their role depend on their independence, credibility, and responsiveness to contemporary social issues. Moreover, the research highlights challenges posed by political cooptation and the rise of informal religious influencers, calling for a balanced engagement model that aligns with siyasah syar’iyyah principles. This study contributes to a deeper understanding of how traditional Islamic scholarship can inform modern governance, offering insights for policymakers, scholars, and religious leaders aiming to harmonize faith and statecraft in pluralistic Muslim societies.
Copyright (c) 2024 Azhar Farouk, Bilal Zaid, Salwa Lutfyah (Author) https://creativecommons.org/licenses/by-nc/4.0
Islamic Law Analysis of PayLater Contracts in Online Marketplace Applications
The rapid development of financial technology (fintech) has led to the widespread adoption of Buy Now, Pay Later (BNPL) or PayLater services in major online marketplaces such as Shopee, Tokopedia, and Lazada. These services offer consumers flexible payment options by allowing deferred payments without immediate full settlement. However, from an Islamic law perspective, concerns arise regarding the compliance of such contracts with Sharia principles. This research aims to analyze the structure, terms, and mechanisms of PayLater contracts based on Islamic jurisprudence, particularly focusing on the prohibition of riba (interest), gharar (uncertainty), and zulm (injustice or exploitation). The study uses a qualitative normative approach with content analysis of PayLater agreements and Sharia legal principles, supported by expert opinions and existing fatwas. The findings indicate that most current PayLater models contain non-compliant elements, particularly in the form of interest-based late fees and lack of contractual transparency. This research proposes alternative Sharia-compliant financing models such as murabahah, ijarah, and qardh hasan that can replace conventional PayLater mechanisms. The study concludes that greater regulatory oversight, ethical system design, and consumer education are essential to ensure the development of fintech products that align with the values of Islamic finance and protect Muslim consumers from engaging in impermissible transactions.
Copyright (c) 2024 Bhanurasmi Bhanurasmi, Gyandra Fisnawati (Author) https://creativecommons.org/licenses/by-nc/4.0
An Islamic Law Review of Non-Muslim Leadership in Government in Muslim-Majority Countries
This study explores the Islamic legal perspectives on non-Muslim leadership in government within Muslim-majority countries, analyzing both classical jurisprudential positions and contemporary interpretations. It examines the tensions between traditional Islamic views which often restrict top leadership roles to Muslims and modern democratic principles advocating equal political rights for all citizens regardless of religious affiliation. Through a qualitative approach based on literature review and doctrinal analysis, the research investigates constitutional frameworks, political practices, and notable case studies from various Muslim-majority states. It reveals that while traditional Islamic jurisprudence generally disapproves of non-Muslim leadership based on historical and theological grounds, there is growing scholarly support for reinterpretation in light of maqāṣid al-sharī‘ah (the higher objectives of Islamic law), including justice, public interest, and social cohesion. The study also highlights the legal, political, and societal challenges that arise when non-Muslims seek political office in these contexts. It concludes by recommending jurisprudential innovation, legal reforms, and public education to promote inclusive governance models that reflect both Islamic values and democratic ideals.
Copyright (c) 2024 Ryamizard Thohir, Muhammad Rayyan Syed , Ahmad Ratoe (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of Domestic Violence under Islamic Criminal Law (Jināyah): A Qiṣāṣ and Taʾẓīr Perspective
This study examines how Islamic criminal law (Jināyah) addresses domestic violence through its two principal non-Ḥudūd mechanisms, Qishash (retributive justice) and Taʾzīr (discretionary punishment). Drawing on a doctrinal approach, the research analyzes primary sources the Qur’an, Sunnah, classical fiqh treatises and contemporary scholarly fatwā literature, alongside illustrative case studies from Muslim-majority jurisdictions. It first maps the concept of domestic violence onto the Jināyah framework, distinguishing between severe physical injuries that may invoke Qishash (or its financial substitute, Diya) and the broader array of harm physical, verbal, emotional, and financial that falls under Taʾzīr. The findings reveal that Qishash is rarely applied in domestic settings except in instances of grievous bodily harm, whereas Taʾzīr accommodates both non-physical and lesser physical abuses through tailored sanctions (fines, imprisonment, counseling, or community service). However, the study also identifies significant implementation challenges sentencing inconsistency, patriarchal bias, limited judicial training, and inadequate victim support that undermine equitable outcomes. To strengthen Islamic legal responses to domestic violence, the research recommends clarifying Qishash thresholds, codifying Taʾzīr sentencing guidelines, providing specialized judicial training, and integrating interdisciplinary victim services. By harmonizing retributive and discretionary mechanisms within an ethics-infused framework of mercy and proportionality, Islamic criminal law can more effectively protect survivors, deter abuse, and promote restorative justice.
Copyright (c) 2024 Dillah Afriyanti, Jihan Fahira, Ahmad Prasetyo (Author) https://creativecommons.org/licenses/by-nc/4.0
Analysis of Islamic Law on the Practice of Siri Marriage in the Digital Era: Legal, Social, and Policy Implications
This research examines the practice of Siri marriage within the framework of Islamic law, focusing specifically on its adaptation and challenges in the digital era. Siri marriage, a form of informal, unregistered marriage that does not involve official state documentation, has existed for centuries in various Islamic societies. However, the rapid growth of digital platforms and online communication technologies has created new avenues for conducting marriages that may not align with traditional legal and religious practices. This study analyzes the validity of Siri marriage under Islamic law in the context of modern technology, highlighting the legal, social, and ethical implications of digital marriages. Through a combination of literature review and case analysis, the research explores the risks and consequences of Siri marriages conducted through digital means, particularly concerning gender equality, legal recognition, and the protection of individual rights. It further investigates the policy and legal gaps that exist in many countries regarding digital unions and identifies the need for legal reforms and clearer guidelines to bridge the gap between traditional Islamic marriage practices and modern civil law. The study concludes that while Siri marriages retain validity within Islamic law, their digital adaptation poses significant challenges in terms of legal protections, marital rights, and social accountability. It calls for comprehensive policy changes, awareness campaigns, and interfaith collaboration to ensure that the institution of marriage remains just and equitable in the digital age.
Copyright (c) 2024 Bimo Abisatya, Gentala Prasetyo (Author) https://creativecommons.org/licenses/by-nc/4.0
A Comparative Study of the Requirements for Taking a Second Wife According to Muhammad Syahrur and the Compilation of Islamic Law (KHI)
This research presents a comparative study of the requirements for taking a second wife in Islamic law, focusing on the perspectives of Muhammad Syahrur and the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) in Indonesia. The study examines Syahrur’s reformist interpretation, which emphasizes the ethical limitations of polygamy and advocates for monogamy as the ideal, in contrast with the KHI’s procedural approach that seeks to regulate polygamy through judicial permission, financial capability, and the consent of the first wife. By analyzing the legal, ethical, and gender-related implications of both perspectives, the research highlights the strengths and limitations of each approach in promoting justice and gender equality. The findings indicate that while the KHI offers a structured framework for regulating polygamy, it fails to address the deeper gender justice concerns raised by Syahrur’s reformist views. This study underscores the need for a reassessment of polygamy in Islamic legal systems, with a focus on aligning family law with contemporary values of human dignity, equality, and fairness. The research concludes by suggesting that ongoing dialogue and legal reform are essential to creating a more just and inclusive framework for family law in Muslim societies.
Copyright (c) 2024 Elfathan Rakhshand, Obaid Jawdan (Author) https://creativecommons.org/licenses/by-nc/4.0
Yusuf Qardhawi’s Perspective on Zakat Obligations for Stocks and Bonds in Contemporary Islamic Finance
This research explores the thoughts of Yusuf Qardhawi on the application of zakat to modern financial instruments, particularly stocks and bonds, within the framework of Islamic jurisprudence. As contemporary investment practices evolve, questions arise regarding the zakatability of such assets, especially given their increasing role in the financial portfolios of Muslims worldwide. Through qualitative analysis of Qardhawi's seminal works and supporting literature, this study examines his classification of stocks as either trade goods or long-term investments, and his criteria for zakat obligations, including ownership, nisab, and the passage of a lunar year (hawl). The research also delves into Qardhawi’s firm rejection of conventional, interest-based bonds due to their reliance on riba, and his endorsement of Sharia-compliant sukuk as permissible investment alternatives. The findings highlight the practical implications of Qardhawi’s views for Muslim investors, particularly in managing their portfolios ethically and fulfilling their zakat responsibilities. This study contributes to the growing discourse on Islamic finance and offers valuable guidance for Muslims seeking to align their financial activities with Islamic principles.
Copyright (c) 2025 Deepak Candana Chopra (Author) https://creativecommons.org/licenses/by-nc/4.0
Children's Rights Resulting from Siri Marriage According to Islamic Law
Legal marriage in the eyes of religion and the state certainly has no difficulty in obtaining children's rights from a legal marriage. Unlike marriages that are only valid in religion but are not recorded in the State, it will be difficult to obtain children's rights, such as inheritance from their fathers. Siri marriage is now again a problem. Because, serial marriage perpetrators can now be recorded by the state on the Family Card (KK), after decades of not being recognized in the Marriage Law. In accordance with the Marriage Law, all marriages must be registered with the state. Research on "Children's Rights Due to Siri Marriage According to Islamic Law" is a literature review research. In this study we use a review of Islamic law, and understand how the process of children's rights due to serial marriage according to Islamic law. So if we look again at the provisions of article 43 of the Marriage Law and article 100 of the KHI, Where a child born out of wedlock only has a legal relationship or sexual relationship only with his mother and his mother's family, then the child has no legal relationship with his father. So that the child cannot become the heir of the father, unless the father has applied for recognition of the child in the Court.
Copyright (c) 2025 silviana silviana (Author) https://creativecommons.org/licenses/by-nc/4.0
An examination of ethical standpoints: Organ transplants within the framework of islamic law
This research to explores the ethical perspectives on organ transplantation within Islamic jurisprudence, aiming to inform culturally sensitive and ethically sound healthcare practices. The review synthesizes findings from a range of scholarly sources to examine the diverse viewpoints among Islamic scholars regarding the permissibility and ethical implications of organ transplantation. Key themes include debates on issues such as brain death, organ trafficking, and the definition of death in Islamic law, as well as the influence of cultural, social, and geopolitical factors on Islamic perspectives. Insights gained highlight the importance of integrating Islamic ethics into medical education and healthcare delivery systems to promote culturally competent care. Recommendations for future research emphasize the need for comparative studies, ethnographic research, and interventions to enhance healthcare providers' cultural competence and religious literacy. By addressing these research directions, scholars can contribute to more inclusive and equitable healthcare practices that respect diverse religious and cultural beliefs while upholding ethical principles and promoting patient-centered care. Research Highlights: Diverse Perspectives: The systematic literature review reveals a spectrum of viewpoints among Islamic scholars regarding the permissibility and ethical implications of organ transplantation. Debates encompass issues such as brain death, organ trafficking, and the definition of death in Islamic law, reflecting the complexity of ethical considerations within the Islamic tradition. Cultural Influences: Cultural, social, and geopolitical factors significantly shape Islamic perspectives on organ transplantation, influencing attitudes and practices within Muslim communities worldwide. Understanding these influences is essential for promoting culturally sensitive healthcare practices and addressing the diverse needs of Muslim patients. Integration of Ethics: The review underscores the importance of integrating Islamic ethics into medical education and healthcare delivery systems to ensure culturally competent and ethically sound care. Recommendations include curriculum development, interdisciplinary collaboration, and community engagement to enhance healthcare providers' understanding of Islamic principles and values.
Copyright (c) 2024 Sharrer Mariat, Abdul Malek Hasan, Mustafa Bin Auda, Sgro Shaffril (Author) https://creativecommons.org/licenses/by-nc/4.0
Comprehensive approaches to child development in islamic law
This research examines comprehensive approaches to child development within the framework of Islamic law, synthesizing findings from a range of studies published in the last two decades. The review explores the multifaceted nature of child development across financial, educational, moral, emotional, and spiritual dimensions within Islamic contexts. Key findings highlight the significance of parental responsibilities in providing for children's basic needs, ensuring equitable inheritance, and investing in both religious and secular education. Moreover, the review underscores the critical role of moral and religious upbringing in shaping children's character and behavior, fostering values such as integrity, compassion, and social responsibility. Emotional and psychological support emerge as essential components of child development, promoting resilience, self-esteem, and emotional well-being. Additionally, the review examines the importance of preparing children for adulthood by instilling practical skills, ethical values, and a strong sense of responsibility. The synthesis of findings underscores the holistic approach advocated by Islam, which prioritizes the well-rounded development of children within a framework of justice, equity, and compassion. The review provides valuable insights for parents, educators, policymakers, and researchers in promoting the holistic well-being of children within Islamic contexts. Research Highlights: Intersection of Religious and Secular Education: The research elucidates the intersectionality of religious and secular education within Islamic contexts, emphasizing the importance of integrating both domains to foster well-rounded individuals capable of navigating the modern world while upholding Islamic values. Ethical Financial Planning: The research underscores the significance of adhering to Sharia principles in financial planning for children, highlighting the ethical imperative of ensuring halal income and investments to promote financial stability and spiritual well-being. Parental Intentions (Niyyah): The role of parental intentions (niyyah) emerges as a key factor in fulfilling obligations towards children, emphasizing the importance of sincerity and devotion in nurturing children within an Islamic framework. Justice and Equity: Islamic principles of justice and equity profoundly influence parental responsibilities, emphasizing the fair and equitable treatment of children in all aspects of upbringing, including financial provision, education, and discipline.
Copyright (c) 2024 Al-Hawary Kaas, Dubis Bhutta Birdsall, Hossain Aziz (Author) https://creativecommons.org/licenses/by-nc/4.0
Towards feminist justice: Reforms and challenges in islamic courts for gender equality and women's rights
This literature study systematically analyzes the endeavor for feminist justice within Islamic courts, with a specific emphasis on initiatives aimed at promoting gender equality and women's rights in cultures predominantly populated by Muslims. Based on an extensive examination of current research, the review emphasizes important discoveries and understandings about how gender interacts with other aspects of identity, including as race, social status, and sexual orientation, in the framework of Islamic law. This highlights the importance of legal changes that aim to improve women's rights under family laws, tackle discriminatory practices, and encourage gender-sensitive decision-making in Islamic courts. The challenges that have been noted include opposition from conservative factions and religious authorities, obstacles inside institutions, and the complex interplay of gender inequity with other forms of discrimination. Future research should prioritize intersectional approaches, collaborative efforts, and inclusive dialogue among feminist scholars, activists, legal practitioners, and religious authorities. These measures are crucial for promoting feminist justice and safeguarding women's rights within Islamic legal frameworks. In summary, the study is a thorough analysis of the latest research and presents significant perspectives for policymakers, practitioners, and scholars who are dedicated to promoting gender equality and women's rights in cultures where Islam is the predominant religion. Research Highlights: Intersectionality in Islamic Legal Contexts: The research highlights the importance of recognizing the intersectionality of gender with other identity markers, such as race, class, and sexuality, within Islamic legal contexts. Understanding how these intersecting forms of oppression shape the experiences of marginalized groups is crucial for promoting inclusive and equitable legal frameworks. Legal Reforms for Women's Rights: It emphasizes the significance of legal reforms aimed at enhancing women's rights within family laws, including measures to grant women greater autonomy, protections against gender-based violence, and access to justice. These reforms are essential for challenging discriminatory practices and advancing gender equality within Islamic courts. Challenges and Barriers: The research identifies challenges and barriers to achieving feminist justice within Islamic legal frameworks, including resistance from conservative factions and religious authorities, institutional barriers, and the intersectional nature of gender inequality. Addressing these challenges requires sustained efforts and collaborative approaches. Call for Continued Advocacy: The research underscores the need for sustained efforts towards reform and advocacy to address challenges and barriers in advancing feminist agendas within Islamic legal frameworks. Continued collaboration and dialogue between stakeholders, including feminist scholars, activists, legal practitioners, and religious authorities, are essential for promoting gender equality and women's rights within Muslim-majority societies.
Copyright (c) 2024 Talita Syamanta , Indri Meiliawati , Rizky Ayu , Sri Windani , Bismar Siregar (Author) https://creativecommons.org/licenses/by-nc/4.0
Gendered spaces in islamic cities: Bridging sharia law and urban planning goals
This study examines the overlap between Sharia law and urban design in Islamic cities, with a specific focus on the dynamics of gendered spaces and their impact on social fairness, inclusivity, and the preservation of culture. The study examines the impact of Sharia principles on the organization of physical spaces, societal norms, and cultural customs in urban areas, and how this affects the daily lives of both women and men. This is done by doing a thorough examination of existing literature, case studies, and policy evaluations. An analysis is conducted to determine how socio-cultural elements, including religious beliefs, patriarchal standards, and societal expectations, affect women's ability to move around, access public areas, and engage in urban life. The proposal suggests utilizing collaborative and interdisciplinary methods to incorporate Sharia law into urban planning objectives. This approach emphasizes the significance of forming relationships with multiple stakeholders, engaging the community, and implementing policies and actions that prioritize equity. The study emphasizes the need of comprehending the division of spaces based on gender in Islamic cities in order to advance social fairness, gender parity, and cultural conservation. It advocates for comprehensive and inclusive urban design approaches that promote the welfare, respect, and entitlements of all inhabitants. Research Highlights: Complex Dynamics: The research uncovers the multifaceted interplay between Sharia law, socio-cultural norms, and urban planning practices, revealing the complex dynamics that shape gendered spaces in Islamic cities. Gender Equity Implications: Through in-depth analysis, the study highlights the implications of gendered spaces on women's mobility, access to public resources, and participation in urban life, emphasizing the need for policies and interventions that promote gender equity and social inclusion. Collaborative Approaches: The research underscores the importance of collaborative and interdisciplinary approaches for integrating Sharia principles into urban planning goals, advocating for multi-stakeholder partnerships, community engagement, and equity-based policies to foster inclusive and culturally sensitive urban environments. Call to Action: By synthesizing key findings, the research issues a compelling call to action for holistic and inclusive urban planning practices that prioritize the well-being, dignity, and rights of all residents, emphasizing the need to reimagine urban development as a collective endeavor grounded in social justice and cultural diversity.
Copyright (c) 2024 Ahmed Akbar, Ali Shah Alnaim, Sutton Hedges Falahat (Author) https://creativecommons.org/licenses/by-nc/4.0
Legal pluralism in contemporary societies: Dynamics of interaction between islamic law and secular civil law
Legal pluralism refers to the simultaneous existence of different legal systems in a single community. This presents intricate challenges and opportunities for governance, justice, and social cohesion in many socio-cultural settings. This study examines the interplay between Islamic law (Sharia) and secular civil law in modern nations, specifically aiming to comprehend the intricacies, conflicts, and consequences of legal pluralism. This study does a thorough literature analysis to analyze existing scholarship on legal pluralism. It synthesizes important findings and perspectives from many geographical places that have significant Muslim populations. The review emphasizes the complex and diverse nature of legal pluralism, which involves the coexistence, competition, and accommodation of various legal traditions. Furthermore, it recognizes the difficulties that arise from conflicts between Islamic law and secular civil law, such as differences in rights and safeguards, tensions based on religion and cultural differences, and obstacles to efficient government and societal unity. Moreover, the review examines the wider consequences of legal pluralism on academic research, policy-making, and practical implementation. It proposes potential areas for future research to enhance our comprehension of the dynamics of legal pluralism and to guide efforts in fostering inclusivity, fairness, and appreciation for diversity within legal systems. This research adds to the continuous efforts of building inclusive and equitable legal systems that defend human rights, develop social cohesion, and promote justice for all individuals by recognizing the diversity of legal traditions and viewpoints within modern cultures. Research Highlights: Complex Dynamics of Legal Pluralism: The research elucidates the multifaceted nature of legal pluralism, examining the coexistence, competition, and accommodation between Islamic law and secular civil law in diverse socio-cultural contexts. By synthesizing existing scholarship, the study provides a comprehensive understanding of the complexities and tensions inherent in legal pluralism dynamics. Challenges and Implications: The study identifies key challenges arising from conflicts between Islamic law and secular civil law, including disparities in rights and protections, tensions along religious and cultural lines, and impediments to effective governance and social cohesion. These insights shed light on the broader implications of legal pluralism for governance, justice, and social cohesion within contemporary societies. Policy and Practice Recommendations: By exploring the broader implications of legal pluralism for scholarship, policy, and practice, the research offers valuable recommendations for promoting inclusivity, equity, and respect for diversity within legal frameworks. These recommendations inform strategies for addressing challenges and fostering inclusive legal systems that uphold human rights and equality for all individuals.
Copyright (c) 2024 Sahin Husain, Nasir Purkon Ayoub, Mukhammadolim Hassmann (Author) https://creativecommons.org/licenses/by-nc/4.0