Journal title Jurnal Hukum Islam Initials JHI Frequency Two issues per year (June & December) DOI Prefix 10.28918 by Online ISSN 2502-7719 Print ISSN 1829-7382 Editor-in-chief Maghfur Ahmad Publisher Faculty of Sharia - Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan Citation Analysis Scopus | Sinta | Google Scholar | Garuda Jurnal Hukum Islam (P-ISSN 1829-7382 and E-ISSN 2502-7719) is a high-quality open access peer-reviewed research journal published by the Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan, Central Java, Indonesia. Aiming to communicate original research and relevant current issues, this journal regularly publishes articles and research reports twice a year every June and December. 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, and sharia economic 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.
Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
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Caning and Penal Legitimacy: The Double Movement of Aceh’s Qanun Jinayat Under Indonesia’s New Criminal Code
The enactment of the New Criminal Code marked a transformation in Indonesian criminal law through the formal recognition of living law, simultaneously giving rise to normative tensions regarding the legitimacy of corporal punishment, particularly caning, which is implemented in Aceh under the Qanun Jinayat. This tension arose because, while the New Criminal Code recognizes customary sanctions, it does not explicitly place caning within the national hierarchy of criminal sanctions, creating ambiguity between national legal codification and local religious particularism. This article argues that the absence of specific regulations regarding caning challenges the legitimacy of punishment in a pluralistic legal system, going beyond technical disharmony. Adopting a normative-juridical method with a statutes, conceptual, and cases approach, this study highlights the philosophical basis of caning as an alternative to imprisonment and analyzes its suitability using human rights and Pancasila benchmarks, focusing on the principle of restorative justice and the objectives of modern punishment. The research findings indicate that the implementation of caning in Aceh under the New Criminal Code reflects a dual movement that balances human rights pressures with the protection of local religious identities by recognizing living law. This shows the philosophical conflict between secular national restorative justice and the Acehnese purification model, which prioritizes spiritual redemption and economic efficiency over imprisonment. Ultimately, this system of legitimacy relies on the integration of corporal sanctions as a specific crime within the national legal hierarchy, demonstrating that Indonesia’s unified legal system can accommodate local legal pluralism.
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Digital Intimacy in Islamic Family Law: Applying the Ilḥaq Method to Marital Sexual Relations Through Cybersex
The development of digital technology has changed the pattern of intimacy in marriage, including the practice of fulfilling sexual needs online through cybersex between husband and wife. This phenomenon presents a normative challenge for Islamic family law, considering that classical fiqh generally starts from the assumption of physical sexual relations and does not provide explicit provisions regarding digitally mediated intimacy. This article examines the legal status of cybersex in marriage by applying the ilḥaq method, which refers to authoritative fiqh (al-kutub al-mu‘tabarah), as a form of analogical reasoning. This study uses a juridical-normative approach to analyze the strengths and weaknesses of the ilḥaq method in determining the law on cybersex, including its legal implications for the rights and obligations of husband and wife, such as maintenance, dowry, and the iddah period. The results indicate that cybersex can be analogized with istimna as a form of non-physical sexual gratification, thus giving rise to certain legal consequences that depend on the construction of the analogy and the use of the fiqh school of thought as a reference. The strength of the ilḥaq method is its flexibility and ability to address new legal issues. Its weakness lies in its limited capacity to determine the 'illat' (laws) in addressing the complexities of marital relations through digital media. This study presents a normative framework based on the ilḥaq method, which bridges classical fiqh with digital intimacy practices while emphasizing the relevance of Islamic family law in responding to the social dynamics of contemporary global Muslim society.
Methodology of Islamic Economic Fatwas Issuance: Comparing Egypt’s Dar al-Ifta’ and Indonesia’s National Sharia Board
The similarity of legal sources in issuing fatwas between Dar al-Ifta’ Egypt and the National Sharia Board-Indonesian Ulema Council does not guarantee uniformity of decisions from both institutions. This study analyzes the methodology of fatwa issuance; the social, political, and regulatory factors that influence the construction of fatwa issuance; and its implications for Islamic economic law. Adopting a comparative juridical-normative method, the legal materials include fatwa texts, financial regulations, and fiqh muʿamalah literature. Critical discourse analysis and critical legal analysis are used to interpret fatwas as legal products based on evidence and influenced by the power structure and configuration of national regulations. The research findings show that Dar al-Ifta’ adopts a contextual approach based on maṣlaḥah, which is in line with national economic policies, resulting in progressive fatwas on conventional banking issues and cautious on issues outside the national interest. In contrast, the National Sharia Board–Indonesian Ulema Council applies a normative–textual method with a collective ijtihad mechanism that is responsive to the needs of the Islamic financial industry and digital innovation while also providing an alternative to Islamic contracts to prohibited conventional practices. This study concludes that differences in fatwas are not solely caused by differences in istinbaṭ methods but rather result from the interaction between institutional authority, the sociopolitical context, and the national regulatory system. This study provides a conceptual foundation for fatwa institutions and policymakers to harmonize methodologies and regulations to produce decisions that are more consistent, adaptive, and relevant to the dynamics of the contemporary Islamic financial industry.
Living Law in Indonesia’s New Criminal Code: Legal Controversies and its Relevance with the Urf
The concept of living law in the new Criminal Code has sparked debate because of the potential for legal uncertainty, multiple interpretations, and the risk of criminalization. The resonance of this discourse also penetrates the arena of Islamic legal studies. This study analyzes the living law controversy in the new Criminal Code, the implications of recognizing living law, and its relevance to the concept of 'urf in Islamic law. Adopting a qualitative research design with a juridical-normative approach, data were collected through documentary studies of relevant laws, regulations, and literature. Research findings show that the recognition of living law terminology in the new Criminal Code results in an expansion of the principle of legality because it can criminalize actions that are not regulated in statutory regulations while also allowing customary sanctions as a form of redress (retorative), not as retaliation (retributive). The concepts of 'urf and living law have epistemological relevance in that they recognize socially embedded norms as legitimate sources for regulating people’s behavior. However, 'urf cannot be used as an absolute basis for justifying the living law rules in the new Criminal Code because its application must be consistent with normative Shariah parameters. This study emphasizes the importance of integrating the concept of 'urf in identifying living law that meets constitutional-juridical qualifications, thereby strengthening the legitimacy of legal norms, minimizing potential conflicts between positive law, customary law, and Islamic law, while increasing community acceptance and compliance with the law.
Legal Reform of Zakat Governance Based on Maqaṣid al-Ummah: Optimizing Digital Transformation Toward Social Justice
Indonesia has significant zakat potential, but its contribution to social justice remains limited due to institutional fragmentation, regulatory complexity, and the suboptimal use of digital technology. This study analyzes zakat governance by identifying gaps between regulations, practices, and the achievement of social goals, and explores institutional and regulatory challenges in zakat’s digital transformation to realize social justice. This study proposes legal reforms for zakat governance based on Maqasid al-Ummah that can strengthen the zakat system’s effectiveness, participation, and sustainability in Indonesia. Adopting a normative juridical method with a statutory, conceptual, philosophical, and comparative approach, data sources are obtained from zakat regulations and empirical assessments of governance practices, which are compared with the Malaysian centralized model and the Turkish decentralized system. The research findings indicate that the hybrid governance model in Indonesia faces challenges related to fragmentation of authority, low public trust, and limited participation; therefore, the effectiveness of digital transformation remains suboptimal, despite its potential to increase transparency, accountability, and accessibility. This study emphasizes the application of the seven dimensions of Maqasid al-Ummah as an ethical and conceptual framework for reconstructing zakat governance, holistically linking legal, institutional, and technological aspects. The findings of this study can serve as a guide for policymakers, zakat authorities, and digital platform managers in designing an effective, participatory, and sustainable social justice–oriented zakat governance system.
Protection of Patients' Constitutional Rights in Telemedicine Practice Based on Sharia Principles
Telemedicine has expanded access and increased the efficiency of healthcare services, while simultaneously driving medical innovation. However, challenges remain regarding the protection of patients' constitutional rights, namely the right to data security, the right to information, and the right to equal access to services. This study aims to analyze the extent to which the legal framework for telemedicine protects patients' constitutional rights and how Sharia principles can strengthen these protections. Adopting doctrinal legal research methods and a comparative approach, this study analyzes the constitutions, telemedicine regulations and guidelines, related legal instruments, and jurisprudence in Uganda and Oman. The results indicate that Uganda and Oman have taken initial steps in integrating legal and ethical protections into telemedicine regulations. However, weaknesses remain in aspects of health data governance and protection, professional accountability mechanisms, and the digital literacy levels of patients and healthcare workers. The existing legal framework does not fully guarantee equitable access and protection of patients' constitutional rights in telemedicine practices. This study proposes a normative and ethical framework based on Sharia principles to strengthen telemedicine regulations, ensuring medical safety, clarity of information, data protection, and equitable access to services. The contribution of this research lies in the development of a comprehensive Sharia-based normative approach, thereby enriching the telemedicine literature and providing guidance for designing fairer and more beneficial regulations, including for other countries with similar legal systems.
Designing a Digital Trust Fund for the Justice for Sexual Violence Victims Based on Islamic Criminal Law
Sexual violence has long-term impacts on victims, yet state-provided recovery funds remain suboptimal. This study analyzes the existing mechanisms for assistance provided to victims of sexual violence in Indonesia and examines the concept of collective responsibility in Islamic criminal law as a normative basis for designing a victim-oriented, digital-based Victim Trust Fund that is compliant with Sharia principles. Adopting doctrinal legal methods with statute, conceptual, and comparative approaches, the discussion focuses on the compatibility between positive legal norms, Islamic criminal law doctrine, and digital innovation. The research findings indicate that the mechanism for providing victim compensation funds is still highly dependent on the perpetrator’s capacity and does not fully guarantee sustainable victim recovery. In this context, the principle of collective responsibility in Islamic criminal law, particularly the concept of ‘āqilah, can be reconstructed as a normative basis for a perpetrator-independent, collective victim recovery funding mechanism. The novelty of this study lies in the conceptual formulation of the Digital Victim Trust Fund, which positions the state and society as modern ‘āqilah within the positive law framework of Indonesia. This study concludes that integrating Islamic criminal law and digital technology can expand access to sustainable victim recovery and strengthen the victim-centered justice orientation in criminal justice system reform. These findings enrich the discourse of criminal law based on restorative justice and open up space for developing more adaptive and recovery-oriented victim protection policies.
From Nonbinding to Binding: Legal Authority Transformation of DSN–MUI Fatwas within the National Legal System
In Islamic jurisprudence, a fatwa is nonbinding, even for the person requesting it (mustafti). However, in the context of Islamic Economic Law in Indonesia, the Dewan Syariah Nasional–Majelis Ulama Indonesia (DSN–MUI) fatwa has a strong binding force not only for mustaftis but also for businessmen, regulators, and the government. This article examines the transformation of the DSN–MUI fatwa’s authority to its binding force within the national legal system. By combining doctrinal and socio-legal approaches within a legal pluralism framework, an analysis of regulations and policies in the field of Islamic economic law—banking, insurance, financing, capital markets, sharia cooperatives, and related DSN–MUI fatwas—is conducted. The authority theory of Weber and Beetham is used as an analytical tool. The findings indicate that the state has been accommodating to Islamic economics and has provided formal space for DSN–MUI fatwas since the reform. For the sake of legal certainty, the state recognizes the sole authority of the DSN–MUI in determining Islamic economic law, where any legal system other than Islamic law or even the state cannot fill the legal vacuum within the spectrum of legal pluralism. The DSN–MUI gained exclusive rights through its fatwas bureaucratization and strategic positioning within the government, Islamic community organizations, and the public. Internal oversight within each business entity supported the incorporation of DSN–MUI fatwas into formal regulations. The DSN–MUI fatwa authority transformed from traditional to legal-rational, gaining legal validity, normative justification, and social legitimacy through widespread acceptance. This research enriches the literature on the institutionalization of religious authority within the modern legal system and strengthens the scientific basis for developing Islamic Economic Law.
Minimum Marriage Age in the Compilation of Islamic Law: A Progressive Ijtihad Based on Maslahah Fardiyyah and ‘A’iliyyah
This study examines the regulation of the minimum marriage age in the Compilation of Islamic Law as a form of progressive ijtihad based on maqaṣid al-shari‘ah. This research emphasizes how the marriage age requirement reflects the integration of maslahah fardiyyah (individual welfare) and maslahah ‘a’iliyyah (family welfare), both of which are legal principles aimed at protecting children and strengthening family institutions. Adopting normative legal methods with a statutory, conceptual, and philosophical approach, this research combines classical and contemporary Islamic legal thought and relevant laws and regulations in Indonesia. The theory of maṣlaḥah, developed by scholars such as al-Ghazali, al-Juwayni, al-Shaṭibi, and Ramadan al-Būṭi, forms the main theoretical foundation, particularly through the lens of ḍawabiṭ al-maṣlaḥah (parameters of public interest). These theories emphasize the preservation of life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), and lineage (ḥifẓ al-nasl) as central objectives of Islamic law. The findings show that the marriage age provision in the Compilation of Islamic Law is not merely an administrative policy but a legal strategy aligned with maqaṣid-based reasoning to prevent child marriage and its associated harms. This approach reflects a contextual reading of Islamic law that is responsive to socio-cultural changes, while remaining faithful to its foundational values. The study concludes that reinforcing a maṣlaḥah-based framework is essential to harmonize Islamic legal principles with national law and to ensure the well-being of individuals and families in contemporary society.
Legal Implications of Regulatory Gaps in Fathers’ Identity Registration
The child lineage under Islamic law and its implementation in Indonesia’s civil registration system face complex challenges that impact the protection of children’s rights. This study examines lineage under Islamic law and its implications for the registration of biological fathers, particularly for children born out of wedlock. This study adopts empirical juridical methods with qualitative, statutes, and conceptual approaches. Although the Constitutional Court ruling has opened the way for the civil recognition of biological fathers, its implementation conflicts with the principle of lineage under Islamic law, which limits inheritance and maintenance rights. Regulatory gaps in civil registration create legal uncertainty and are potentially discriminatory against children’s civil rights. The author argues that policy harmonization that balances the protection of children’s civil rights with respect for Islamic legal values, increases the socialization of legal procedures, and strengthens child protection mechanisms is key to addressing this issue. These findings underscore the need for a balanced approach that combines Islamic legal principles with administrative requirements to protect children’s rights.
Strengthening the Governance of Cash Waqf-Linked Sukuk: Legal Recognition, Regulatory Challenges, and Harmonization
Cash Waqf-Linked Sukuk (CWLS) is a strategic instrument for developing productive waqf and national social financing. However, its regulation is still administrative and relies on delegated regulations, thus not fully guaranteeing transparency, efficiency, and accountability. Therefore, this research aimed to analyze the regulations governing CWLS in Indonesia and identify structural gaps in the normative hierarchy that trigger regulatory fragmentation, information asymmetry, and accountability deficits in multi-actor governance. Adopting normative juridical methods and philosophical, statutory, and conceptual approaches, this study finds a crucial misalignment between current waqf law and fundamental sharia values, particularly maṣlaḥah (public benefit) and justice. This study offers a conceptual reconstruction of Cash Waqf Linked Sukuk governance through the integration of maqaṣid al-syari‘ah and Critical Legal Studies.The proposed reforms emphasize a strong harmonization agenda by elevating core protections such as corpus preservation, standardized rollover protocols, and digital-based information disclosure to a higher legal regulatory mandate. In conclusion, this research shows that a reorientation of the legal framework bridging the gap between legal certainty and substantive justice is an absolute prerequisite for ensuring public trust and the sustainable socio-economic impact of waqf-based state finance, both nationally and globally.
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Combating Corruption Offenses: Foreign Experience, Theoretical, Practical, Legal Regulations, and Improvement
This research explores preventative strategies, law enforcement frameworks, and the pivotal roles of specialized anti-corruption agencies, alongside the vital component of international collaboration using a global approach in combating corruption crimes, by examining successful strategies implemented in various countries. A closer look will be given to the methodologies used in Singapore, Hong Kong, the United Arab Emirates, Saudi Arabia, Malaysia, Indonesia, and Northern European countries, with an emphasis on practical takeaways that can refine Ukraine's own anti-corruption initiatives. An examination of successful international practices reveals that effective anti-corruption efforts must begin with robust preventive strategies designed to limit opportunities for corruption. These foundational elements include: increased transparency and openness within government operations; comprehensive reform of public administration and human resource management; utilizing digitalization to reduce human involvement; effective management of conflicts of interest and ethical codes; and providing adequate protection for whistleblowers. Furthermore, tackling corruption, particularly in its transnational forms, requires active international collaboration. Critical to this endeavor are instruments such as mutual legal assistance, extradition agreements, and the exchange of intelligence among international law enforcement agencies (illustrated by collaborative efforts within organizations like Europol and Interpol).
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Integrating Neurolaw and Principles of Islamic Law: A Scientific Ethical Model of Criminal Responsibility
Neurolaw offers an innovative interdisciplinary framework that bridges the gap between neuroscience and legal theory and providing new insights into how human brain influences behavior, intention, and moral decision-making. This study examines the intersection of neurolaw and Islamic law, emphasizing the importance of integrating neuroscience findings, such as brain function, decision-making processes, and mental disorders, into Islamic law’s understanding of criminal responsibility, intention (niyyah), and reasoning (ʿaql). This study demonstrates the potential of neurolaw to strengthen empathy, justice, and an evidence-based legal approach in Islamic law using normative legal research methods through legislative, conceptual, comparative, and futuristic approaches. Furthermore, this study explores how Islamic law’s values of justice, objectivity, and responsibility can serve as ethical guidelines for the responsible use of neuroscience in legal reasoning. Ultimately, this study encourages a careful and principled integration of brain science and Islamic law that maintains fundamental Islamic values while embracing scientific advancements to create a more holistic and humane justice system.
Harmonizing Gold-Backed Currencies Regulatory Framework in the Global Islamic Financial System
This study explores the legal, technological, financial, and ethical dimensions of gold-backed currencies (GBCs) to assess their viability in contemporary financial systems. Using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses of 78 peer-reviewed studies from Scopus and Web of Science published between 2018 and 2024, the study uncovers regulatory inconsistencies across regions, including (under Markets in Crypto-Assets regulations), ASEAN (through OJK’s gold mandate), and Saudi Arabia, thereby impeding the international adoption of blockchain technology for Shariah compliance. While blockchain technology enhances transparency and compliance through smart contracts, it also introduces cybersecurity risks and conflicts with the General Data Protection Regulation (GDPR). Furthermore, Shariah compliance continues to be a subject of contention, with Saudi Arabia raising concerns regarding the classification of intangible assets. In this regard, the review proposes the implementation of an AI-driven liquidity model framework, advocating for a tiered regulatory approach in advanced economies and the establishment of central bank safeguards in emerging markets, while ensuring ethical considerations. By leveraging GBCs, stakeholders can unlock their potential as an inclusive and resilient financial instrument. Future research endeavors should prioritize the development of AI-driven liquidity models and the execution of comparative empirical studies across various geographical regions.
Constitutional Amendments in Muslim-Majority States: The Case of Indonesia and its Islamic Peers
Muslim-majority countries face unique challenges in managing constitutional change because of complex interaction between religion, politics, and law. Formal and informal constitutional amendments occur through legal procedures and judicial interpretation, political practice, and social norms, respectively. This study analyzes the dynamics of these amendments in Muslim-majority countries, focusing on Indonesia, Turkey, Egypt, and Pakistan. The research method used here adopts a normative juridical approach with a comparative approach. Reportedly, Indonesia stands out with a combination of formal amendments, such as the reform of the 1945 Constitution, and informal changes through the Constitutional Court, creating a stable and flexible legal system. In contrast, Egypt and Pakistan show that the pressure of political crises and the influence of the military often hinder the sustainability of formal reforms, although informal change remains an adaptation mechanism. These findings highlight the importance of the social and political context in shaping the path of constitutional change and indicate that informal change can serve as an adaptation tool without the need for legal text revision. The novelty of this study is its simultaneous focus on formal and informal amendments in the Muslim-majority countries, offering a contribution to the literature on global constitutionalism by explaining how informal mechanisms can complement formal reform.
Sanctions for Inheritance Embezzlement in Indonesia: Analysis of Qiyas and Maslahah
Although embezzlement of inheritance property often occurs in Indonesia, Islamic law does not regulate sanctions for embezzlement of inheritance rights, including the Compilation of Islamic Law as the basis for Islamic inheritance law. This study examines the sanctions for embezzlement of inheritance property in Islamic law and how they are applied in Indonesia; it adopts the normative juridical method with statutory, conceptual, and case approaches. The study findings show that in classical fiqh, there are no sanctions for embezzlement of inherited property. However, based on qiyas and mashlahat mursalah, sanctions against embezzlement of inheritance property in Islamic law are in the form of moral sanctions (gibah) and takzir, whose levels are left to the imam and mujtahid. In Indonesia, a case of embezzlement of inheritance property is included in a criminal case. The sanction for this is imprisonment for a maximum of 4 years or a maximum fine of 900 rupiah as laid down in Article 372 of the Criminal Code. The author argues that the criminal sanction based on qiyas is a takzir sanction set by the government. This study offers an integrative normative framework between classical inheritance fiqh and contemporary positive law and provides a clear legal understanding for the protection of inheritance rights.
Madzhab Moderation in Fiqh Thought and its Implications for the Development of Islamic Law in the Modern World
A moderate approach to schools of thought in fiqh is relevant for flexibly interpreting the Islamic law amidst the changing times and the challenges of globalization. This study discusses the role of moderation in schools of thought in fiqh and its implications for developing Islamic law in the modern world. By adopting a qualitative approach, collaborated with a conceptual, historical, and critical hermeneutic approach, this study explores the thoughts of contemporary scholars on the relevance of moderation in schools of thought and how it can enrich and adopt Islamic law in the dynamics of the modern society. Results show that moderation in schools of thought can encourage the creation of an inclusive, adaptive understanding of Islamic law and respond to the people’s needs in the era of globalization. However, the application of the school of thought in contemporary Islamic law encounters several limitations and complex structural challenges, including epistemological, sociological and political aspects. This finding highlights the importance of developing a moderate approach to Islamic law, which can strengthen the unity of Muslims amidst diversity and provide applicable and relevant legal solutions in the modern world.
Integration of Maqaṣid al-Shari'ah in the Criminal Law Reform to Achieve Justice and Human Dignity
In this postmodern era, when the boundaries between local and global are increasingly blurred, efforts to build a contextual, ethical, and responsive criminal justice system have become an urgent necessity. This study aims to propose a model of criminal law reform based on maqaṣid al-shari'ah that is more humane and just, emphasizing not only the imposition of sanctions or punishments but also the rehabilitation and restoration of offenders. This study is normative-juridical, employing a doctrinal analysis approach and reinforced by various relevant legal theories to provide a philosophical foundation for evaluating the application of maqaṣid al-shari'ah in contemporary criminal law needs. The results state that the integration of maqaṣid al-shari'ah in criminal law reform in Muslim-majority countries, including Indonesia, should not be viewed merely as a symbolic moderation between religious law and human rights, but as a transformative project that requires epistemological courage to overhaul the classical view of legal authority and the meaning of justice. Amidst the wave of globalization that challenges the supremacy of religious law and demands stronger protection of human dignity, maqaṣid is present not merely as passive theological values, but as active principles that require that law protect life, reason, freedom, and social welfare in concrete and measurable ways. The path toward integrating maqasid-based criminal law principles into the modern criminal legal systems of majority-Muslim countries is not a short-term project, as it requires a paradigm shift from a textualist approach to a contextual approach, from legalism to humanism, and from conservatism to intellectual courage.
Peace Agreement on Maslahah in Distribution of Inheritance in Sasak Tribe’s Muslim Community
In Indonesia, conflicts pertaining to in the division of inheritance among Muslim communities often occur, resulting in family discord. This study examines the implementation and impact of suluh—a peace agreement based on mutual understanding—in resolving conflicts over the division of inheritance. This study was conducted in the Sasak tribe’s Muslim community using qualitative methods and approaches. Results show that suluh in the Sasak tribe’s Muslim community is performed when the testator is alive and when they die. When alive, the distribution of inheritance is based on the principle of need and service in managing the inheritance. Meanwhile, when dead, it is divided equally among male and female heirs based on a certain replacement agreement (takharuj or taṣaluh)—giving all or some assets to one or several heirs and payment of the inheritance price by the other heirs. Suluh has an impact on family harmony and the welfare of economically disadvantaged heirs because of unequal distribution of shares among siblings. Reportedly, female heirs, considering maslahah, voluntarily accepted the distribution of inheritance to maintain harmony and family integrity. This study can serve as a reference for the global Muslim community, which faces the same problems in inheritance law practices that intersect with local culture.
Fraud in the Digital Space: A Comparative Study of Jinayah Fiqh and Indonesian Criminal Law
The development of digital technology has opened the door to various forms of digital crime, including schemes involving fictitious job offers, illegal crypto investments and fake refunds that financially harm victims and potentially lead to money laundering offenses. This article examines digital fraud in Indonesia by comparing Islamic criminal law (Fiqh Jinayah) with Indonesian positive law. This normative juridical research employs statutory, conceptual, comparative, and case study approaches. The findings reveal that the “Remote Mining Network” case illustrates how perpetrators exploit digital anonymity to evade legal oversight. Such practices violate Islamic legal norms, including the prohibitions against gharar (uncertainty) and tadlis (deception), which align with the elements of fraud as defined in the Indonesian Penal Code and the Law on Electronic Information and Transactions. The article concludes that both Islamic and national criminal law aim to protect public interests and individual property rights (hifz al-mal). This study contributes to the development of contemporary fiqh jinayah, while also supporting efforts to enhance legal literacy and protect Muslim communities from the risks of digital crime, in accordance with the principle of hifz al-mal within the framework of maqaṣid al-shari‘ah.
Human Rights in the Control of Digital Public Space Freedom: A Collaborative Approach Based on Islamic Law Principles
Internet control has a close relationship with human rights because the digital space is becoming increasingly integral to social, political, and economic life. The purpose of this study is to discuss Internet control policies that support or hinder human rights and identify the right approach to solving problems related to existing problems. The research method adopts a normative juridical approach with a statute and conceptual approach. This study found that internet and social media regulations, namely Electronic Information and Transactions Law, have rubber articles that can be misused to limit freedom of expression, thus having implications for socio-political conditions, namely reducing people’s space to express their opinions, threatening democracy and political participation, including the implementation of Islamic Law in local governments based on Sharia. The researcher argues that a collaborative approach based on Islamic law, which includes truth and honesty (Sidiq), justice and equality (Adil), politeness and respect (Hilm), and preventing damage and conflict (Munkar), can be the most appropriate solution to solve existing problems in Indonesia. This study contributes to the formation and implementation of policies to address potential conflicts between freedom of expression and national security in Indonesia and various countries that have the same problems.
Family Conflict Resolution through Mediation in Indonesia and Malaysia: A Sociological Study of Islamic Law
Integration of mediation or sulh into the judicial system is still believed by the Indonesian and Malaysian people as the right instrument in resolving family conflicts because it offers a humanistic and constructive approach that can solve problems without problems. However, in practice, it is faced with several problems that cause mediation or sulh to be ineffective. This study explores the dynamics of the application of mediation or sulh in resolving family conflicts in Indonesia and Malaysia, which is analyzed using the Islamic legal sociology approach as the basis for the study. The research method uses a sociology of law with a qualitative approach. Data sources were obtained through interviews and literature studies. The results show, the dominant factors influencing the ineffectiveness of the application of mediation or sulh in resolving family conflicts in both countries include: some mediators or sulh employees still have weaknesses in interpersonal skills, limited certified mediators, and the lack of good faith of the parties attending the mediation or sulh process. The sociology of Islamic law views that this reality reflects the weakness of legal structure and culture in complying with mediation regulations and practicing Islamic law. Concrete steps in addressing the root of the problem are needed by improving the quality and quantity of mediators or sulh employees, as well as providing legal education to the community. This study contributes to improving the quality of mediation in the Court as well as to the formation of regulations on mediation.
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Dynamics Of Legal Politics Regarding Marriage Age Limits In Indonesia: Between Religious Norms And Social Change
The change in regulations regarding the age limit for marriage in Indonesia is a response to the high rate of child marriage, which still faces various challenges in its implementation. This study examines the debate between tradition and modernity in child marriage practice, the legislative process, and the challenges faced in changing the age limit norms for marriage and marriage dispensation as a legal loophole in enforcing the age limit norms for marriage. The research method employs a normative juridical with statutory and conceptual approaches. The study results show that changes in the age limit norms for marriage aimed to protect children's rights. However, religious norms and social pressure influence its implementation through marriage dispensation in the Religious Court, resulting in inconsistencies in its law enforcement. This condition poses a challenge to harmonize religious norms with social change. This study emphasizes the need for a more transparent and strict marriage dispensation mechanism. In addition, increasing public legal awareness is the key to encouraging social changes that support child protection. Strengthening public awareness and consistent regulations is expected to minimize and suppress the number of child marriages.
Carmine Colorants for Food and Cosmetic Products: Comparative Study of Indonesian and Jordanian Fatwas
The utilization of the istinbath method in determining the legal framework concerning the use of carmine dye in various fatwa institutions, including the Indonesian Ulema Council and Da'irah al-Ifta' Jordan, remains a subject of ongoing discourse and deliberation. This study compares the istinbath method for determining the carmine law between the Indonesian Ulema Council and Dairah al-Ifta’ Jordan and the istihalah process in manufacturing carmine dye. The research method uses normative juridical with a conceptual approach and comparative law. The findings of this study indicate that the Indonesian Ulema Council and Da’irah al-Ifta’ both permit carmine dye, but with different istinbath methods. The Indonesian Ulema Council likens Carmine to grasshoppers because they have many similarities. On the other hand, Dairah al-Ifta’ considers that carmine dye has undergone the istihalah process. The similarities between the Fatwa of the Indonesian Ulema Council and the Fatwa of Da’irah al-Ifta’ Jordan include: 1) both state that carmine is an insect and, 2) both institutions also state that the use of carmine dye must be based on the condition that it is not harmful to humans. The process of making carmine dye undergoes the istihalah process according to the Hanafi and Maliki schools, involving changing one substance to another and changing from something bad to something good. This research contributes to the development of science related to the determination of the Fatwa on the use of carmine dye and references for the Muslim community in related matters.
The Struggle of Law and Power: How Does Imam Khomeini’s Idea of Wilayat al-Faqih Reconcile Religion and State?
The conflict between law and authority is a tangible issue experienced by numerous nations globally. The law is frequently employed to serve the interests of those in power. Conversely, authority is frequently abused under the guise of law enforcement. This article seeks to elucidate Imam Khomeini’s perspectives on the conflict between law and authority. This research uses a normative legal method by utilizing primary and secondary library sources. Primary literature pertains to Khomeini’s works and texts concerning the concept of wilāyat al-faqīh. Secondary literature pertains to many writings relevant to Khomeini’s ideas and the notion of wilāyat al-faqīh. This study concludes that, according to Khomeini, the relationship between law and power is established within the context of the interaction between religion and state. Khomeini aims to actualize the notion of reconciling legal and state power within the context of religion and the people through the principle of wilāyat al-faqīh. Khomeini’s idea integrates democratic elements with religious doctrines, termed ‘theo-democracy’, nomo-democracy, or religious democracy.
Legal Reform of Consumer Privacy Rights Protection in Online Transactions Based on Islamic Economic Law Principles
Online transactions have the potential to violate consumers' data. However, current regulations do not fully protect consumers' privacy rights and personal data in this era of information technology. This study discusses the renewal of privacy rights protection laws based on the principles of Islamic economic law. Specifically, this study evaluates existing regulations and offers solutions based on the principles of Islamic economic law so that privacy rights protection is safer and more equitable. The research method uses normative juridical with a statutory, conceptual, comparative, and case approach. The results show that Islamic economic law principles prioritizing the values of justice, welfare, and transparency provide a comprehensive legal framework to protect consumers' privacy rights and personal data in online transactions. Applying Islamic economic law principles can increase consumer trust and encourage business actors to be ethically responsible in managing personal data. The proposed legal reform has the potential to create an online transaction ecosystem, especially e-commerce that is fairer, safer, and more sustainable, and protects consumers' privacy rights and personal data, with legal certainty. This research contributes to the law-making of protecting consumer privacy rights and personal data in the current digital era.
Qiyas Method of the National Sharia Board Fatwas and the Contemporary Islamic Economic Problems
The Qiyas method in the formation of fatwas of the National Sharia Board-Indonesian Ulema Council aims to provide legal solutions to contemporary Sharia economic problems that have no precedent in classical Islamic legal texts. Therefore, the Qiyas method must be relevant and responsive to the development of sharia financial institutions. This study discusses the application of the qiyas method in the process of making fatwas of the National Sharia Board-Indonesian Ulema Council, and its implications for contemporary Sharia economic problems. The research method uses normative juridical with a conceptual and philosophical approach. The sources of legal materials are contemporary fatwas from the National Sharia Board, such as Sukuk, Sharia insurance, istishna', Sharia credit cards and others that are relevant. The data collection technique uses documentation studies. The research findings show that the application of the qiyas method in Sharia economic fatwas on sukuk, murabahah financing, Sharia insurance, istishna' financing, and Sharia credit cards shows flexibility towards the development and innovation of contemporary Sharia finance. The qiyas method has implications for maintaining the conformity between contemporary financial products and Sharia principles, increasing the flexibility and dynamics of Sharia economic law, providing legal certainty and standardization in Sharia financial institutions, assisting innovation in Sharia financial products and services, reducing the potential for legal ambiguity and increasing public understanding of sharia economic law.
A Critique of Contemporary Economic Justice and Sharia Economic Law on The Tompangan Tradition
The tradition of tompangan, which was originally a form of social solidarity between residents, has shifted into an informal debt system, with returns exceeding the initial amount given, thus causing injustice and economic inequality. This study discusses the critique of contemporary economic justice and the relevance of Sharia Economic Law to the shift in the tradition of Topangan in Madura. This study uses a qualitative approach with data obtained through interviews and observations. The results of the study indicate that social change and modernization have shifted the traditional value of tompangan, which was originally a grant, into a qardh (debt) contract that tends to be capitalistic. Based on the perspective of Sharia economic law, returns that exceed the amount of the loan can be categorized as usury which is prohibited in Islamic law. This study also found that the community still considers this practice socially legitimate despite the uncertainty and injustice in the return of tompangan goods. Therefore, combining insights from the tompangan tradition with contemporary economic justice theory can open up new perspectives for economic policies that are fairer and more responsive to the needs of local communities and in line with the principles of Sharia economic law.
Blank Vote on the Simultaneous Regional Elections in Indonesia: Islamic Constitutional Law Perspective
The increasing number of single candidates and blank votes in the simultaneous regional elections is a fact in the democratic process in Indonesia. This paper discusses blank votes in simultaneous regional elections, which are a dilemma in enforcing the principles of democracy. Furthermore, it discusses blank votes from the perspective of Islamic constitutional law. The research method uses normative juridical with a statutory, conceptual and case approach. The results show that the fact of single candidates in the simultaneous regional elections which are legitimized by laws and regulations opens up the opportunity for blank votes to emerge which are "deemed" as a solution in the democratic process in the regions. The author argues that the single candidates and blank votes in the simultaneous regional elections are a dilemma in realizing the principles of democracy. On the one hand, the principles of democracy must be upheld as mandated by the constitution, but on the other hand, the regional election process must continue even with only a single candidate. Islam offers principles in the implementation of state administration, namely prioritizing syura (deliberation), fairness, not siding with the wrong and prioritizing equality. Al-Mawardi emphasized that political practices in the election of state leaders require religion as a moral force, charismatic leaders and justice for all people. That idea is relevant to the principles of democracy in Indonesia, where religion, humanity, unity, deliberation and justice are its basis. This study is expected to be a reflection material to realize a more democratic election.
Copyright (c) 2024 Irma Mangar, Nur-amimi Tahe , Muhammad Rosyid Ridho , Asri Elies Alamanda, Shinta Azzahra Sudrajat http://creativecommons.org/licenses/by-sa/4.0
Supreme Court's Decision Regarding the Prohibition of Interfaith Marriage and Its Relevance of Maqaṣid Al-Shari'ah
Interfaith marriage is still a debate, especially after the issuance of the Circular of the Supreme Court of the Republic of Indonesia concerning the prohibition of registration of interfaith marriages, which is considered to injure Human Rights. This research discusses the relevance of the Supreme Court's Decision on interfaith marriage with the principles of maqāṣid al-sharī'ah and its implications for the right to freedom of choice of partner. This normative legal research uses a legislative, conceptual, philosophical and case approach. The sources of legal materials are the Circular of the Supreme Court and several Supreme Court decisions related to interfaith marriages in the last three years. The results show that the ratio legis of the Circular of the Supreme Court of the Republic of Indonesia concerning interfaith marriage is to protect Human Rights in line with the principles of maqāṣid al-sharī‘ah such as protection of religion and descent, but on the other hand, it creates conflict with the principles of Human Rights which are also part of the principles of maqāṣid al-sharī‘ah. The researcher argues that the principle of maqāṣid al-sharī'ah should be able to balance religious values and Human Rights in interfaith marriages, by being used as the legal basis and policies related to interfaith marriages. This research can be used as a consideration for policy reform to realize balance and justice for the parties in line with the principle of maqāṣid al-sharī‘ah.