ISSN: 2548-3374 (Print); 2548-3382 (Online) Frequency : 2 issues per year (May and November) DOI : 10.29240/jhi Editor In Chief: Laras Shesa Url : http://journal.iaincurup.ac.id/index.php/alistinbath E-mail : alistinbath@iaincurup.ac.id or alistinbath@gmail.com Citation Analysis : SINTA, Google Scholar Address: Institute for Research and Community Service (LPPM) Institut Agama Islam Negeri Curup. Dr. Ak. Gani Street No. 01 Telp. (0732) 21010 Curup Rejang Lebong Bengkulu-Indonesia 39119 Al-Istinbath: Jurnal Hukum Islam is a double-blind peer-reviewed journal published by Institut Agama Islam Negeri Curup, Bengkulu, Indonesia. The journal is aimed at spreading the research results conducted by researchers, academicians, and practitioners in the field of Islamic Law. The articles of this journal are published bi-annually; May and November. Al-Istinbath: Jurnal Hukum Islam has been accredited by the Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia.
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A Reconstruction Of Women's Fiqih On Tawaf For Menstruating Women: Exploring Ibn Qayyim Al-Zawjiyah's Theory of Ijtihad
The aims in this study is to construct women's jurisprudence by examining Ibn Qayyim's ijtihad regarding the permissibility of menstruating women performing tawaf. This is very interesting because there are clear provisions in the texts (the Qur'an and hadith) that prohibit such practice. Tawaf must be performed in a state of purity, considering that the ritual is performed inside the mosque, while there is a prohibition on entering the mosque in conditions of major impurity. This clearly shows the conflict between the texts and the product of ijtihad. This paper is a normative research in the form of a study of figures and is classified as literature research, commonly called qualitative research, and is supported by the approaches of fiqh and ushul al-fiqh. The data used is secondary data. Data collection was carried out by reading books by the figures discussed, namely: A’lam al-Muwaqiin an rab al-‘Alamin, by including literature related to this issue. The data analysis is inductive, consisting of content analysis through data reduction, data display, and a conclusion. This study concludes that Ibn Qayyim's opinion, which permits women to perform tawaf during menstruation, does not negate sacred law or ignore the provisions of the texts and the opinions of scholars, but rather links the provisions of the texts with sharia principles. This line of thinking pays close attention to the social conditions of society. This legal fatwa is still relevant to practice and can save women from the risks of consuming period-delaying pills.
Copyright (c) 2025 Sri Yunarti, Syarial Dedi https://creativecommons.org/licenses/by-nc-sa/4.0
The Role of Digital Forensics as Qarinah Muasirah in Proving Cyber Offences Under Malaysian Islamic Evidence Law
The rise of cybercrime cases such as online gambling (al-maysir) and zina through digital platforms poses an unprecedented challenge to the classical evidentiary structure in Islamic criminal law. Traditional evidentiary methods (wasail al-ithbat) such as iqrar and shahadah are increasingly difficult to apply, especially in digital crime cases without physical interaction or direct witnesses. As a response to this evidentiary gap, digital forensics, which is based on validated scientific procedures, offers a reliable approach through the process of identifying, preserving and analyzing digital evidence. This study aims to examine how this digital forensic method can be recognized and integrated within the framework of Islamic criminal law, specifically as a valid form of qarinah (circumstantial evidence) according to the principles of syariah evidence. This study uses a qualitative approach through document analysis that includes primary and secondary sources. Data were examined through qualitative content analysis using inductive approach. In addition, analogical reasoning was employed to bridge digital forensic evidence with classical concepts of qarinah derived from the Qur'an and hadith. This integrated approach allows for a critical synthesis between Islamic evidentiary principles and modern digital forensic methodologies. This study finds that digital evidence through forensic procedures is capable of providing strong evidentiary value within the framework of Islamic evidence law. These evidentiary forms conceptually correspond to the classical Islamic notions of qarinah through al-'alamat and al-amarat, which function as recognised indicators of criminal conduct. The findings also reveal that the logic underlying Locard’s Exchange Principle, which affirms that every action leaves a trace is not foreign to Islamic legal reasoning. In Malaysian legal system, The Syariah Court Evidence Act 1997 [Act 561] and Syariah Court Practice Directions issued by the Department of Syariah Judiciary Malaysia (JKSM) provide a normative basis for admitting digital evidence as means of proof. Relatively, the integration of digital forensics into the framework of Islamic evidence law upholds the dynamic capacity of the Syariah to uphold the maqasid Syariah. However, the study identifies notable procedural and institutional limitations where religious enforcement officers lack digital forensic expertise and existing directives such as the 2007 Standing Instruction and Practice Direction No. 4 of 2020 remain general, outdated and lack of technical or verification standards for digital evidence.
Copyright (c) 2025 Tuan Muhammad Faris Hamzi Tuan Ibrahim, Nasrul Hisyam Nor Muhamad, Mohamad Aniq Aiman Alias, Ahmad Syukran Baharuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Adaptation for Muslim Minorities: A Reconstruction of Fiqh al-Aqalliyyat through the Methodological Frameworks of Abdullah bin Bayyah and Muhammad Yusri Ibrahim
This article examines the reconstruction of fiqh al-aqalliyyat as a framework for legal adaptation addressing the complex socio-legal challenges faced by Muslim minorities in non-Muslim majority societies. It focuses on the methodological frameworks developed by Abdullah bin Bayyah and Muhammad Yusri Ibrahim, two prominent contemporary scholars whose works have significantly shaped minority jurisprudence. Employing a comparative doctrinal and analytical approach, this study examines their primary writings sinaʿat al-Fatwa wa Fiqh al-Aqalliyyat and Fiqh al-Nawazil li al-Aqalliyyat al-Muslimah to identify the epistemological foundations, legal reasoning patterns, and normative objectives underlying their approaches. The findings demonstrate a clear methodological divergence: Ibn Bayyah emphasizes maqāṣid al-shariʿah, tahqiq al-manat, and contextual legal reasoning rooted in the Maliki tradition to enable adaptive and purpose-oriented rulings, while Yusri Ibrahim adopts a more textualist and precedent-based framework within the Hanbali school, prioritizing juristic continuity and doctrinal restraint. This article argues that fiqh al-aqalliyyat should be understood not merely as a collection of legal concessions (rukhaṣ), but as a systematic methodological paradigm that negotiates normative fidelity and contextual responsiveness. By reframing minority fiqh through the lens of legal adaptation, this study contributes to contemporary debates on Islamic legal methodology, minority rights, and the future development of Islamic jurisprudence in pluralistic societies.
Copyright (c) 2025 Nur Solikin, Syaiful Ahyar, Muhamad Zaenal Muttaqin; Mochamad Syaefudin, Hilmi Ridho https://creativecommons.org/licenses/by-nc-sa/4.0
Cultural Pluralism and Islamic Legal Ethics: Reimagining Family Law for Interreligious Marriages in Banyumas
This research explores the encounter between cultural pluralism and Islamic legal ethics within the context of interreligious marriage in Banyumas, Indonesia. Although there are formal legal and religious restrictions toward interfaith marriage, many couples in Banyumas continue to perform their respective religious rituals within shared domestic life. By utilizing a socio-legal approach and qualitative methods which included in-depth interviews, participant observation, as well as document analysis, this study focused attention on significant ritual moments such as marriage ceremonies, birth traditions, and death rites, because those moments constituted crucial arenas where religious norms, legal expectations, and cultural values intersected and were tangibly negotiated. The findings of the research indicate that cultural values such as rukun (harmony), tepa selira (mutual consideration), and cablaka (openness) play a central role in enabling peaceful coexistence and symbolic negotiation within those households. Rather than adhering rigidly to legal formalism, interreligious families rely upon adaptive ethical reasoning which is rooted in Islamic principles, particularly maqasid al-shari‘ah (the higher objectives of Islamic law). This research offers a rearticulated framework for family law which is inclusive, contextual, and responsive toward the realities of life within plural society. This study also proposes a dynamic model of Islamic legal ethics which integrates legal pluralism, human dignity, and protection of fundamental rights, as well as offers new pathways for legal reform within the context of multicultural society with Muslim majority.
Copyright (c) 2025 Muchimah, Nunung Komalasari, Rahmatul Fadhil , Milki Aan, Humaira Ahmad https://creativecommons.org/licenses/by-nc-sa/4.0
Fusion Approach in Indonesia’s Islamic Courts: Blending Islamic Principles with Asian Family-Mediation Practices in Divorce Cases
This study explores the role of mediators in Indonesia’s Islamic Courts, focusing on their unique integration of Islamic principles with Asian family mediation practices in divorce cases. Unlike the theoretical model of mediation, which emphasizes mediators as neutral facilitators without providing advice, mediators in Indonesia’s Islamic Courts adopt a distinctive approach. They incorporate Islamic values, often offering moral and religious guidance, while also drawing on Asian family-court traditions that prioritize familial harmony and community involvement. This study uses the qualitative framework to analyze divorce mediation approach in court and its dynamics in divorce cases. Moreover, observation and interview are methods that applied to get comprehensive picture in the mediation process such as the individual experiences of each party, the dynamics of the relationships between the parties and between the parties and the mediator, and the mediator's perspective on the case, the parties, and the resolution of the case. In-depth interviews were conducted with non-judge mediators and the disputing parties at the South Jakarta Religious Court. This paper highlights how these mediators navigate cultural, religious, and legal dimensions to address divorce disputes. The findings reveal a fusion mediation model that challenges conventional Western approach offering insights into culturally sensitive dispute resolution in Islamic legal contexts
Copyright (c) 2025 Wirdyaningsih, Rini Maryam, Qurrata Ayuni, Raihanah Abdullah https://creativecommons.org/licenses/by-nc-sa/4.0
Between Legal Formalism and Welfare Orientation: Maqāṣid-Based Analysis of Waqf Land Exchange Practices in Banyumas
This study aims to examine the practice of waqf land exchange in Rempoah Village, Baturaden District, Banyumas Regency, and to analyze how such practice is implemented and justified within the framework of Maqāṣid al-Sharīʿah. While previous studies on waqf management have largely emphasized normative legal doctrines and textual interpretations, they have often overlooked the empirical realities and welfare-oriented considerations underlying waqf land exchange at the local level. This research seeks to fill that gap by investigating the socio-legal dynamics of waqf land exchange and assessing whether and how it aligns with the higher objectives of Islamic law. Employing a socio-legal field research approach grounded in Maqāṣid al-Sharīʿah, the study collected data through documentation, direct observation, and in-depth interviews with relevant stakeholders. The data were analyzed using descriptive-analytical methods, supported by triangulation techniques involving data reduction, data display, and conclusion drawing to ensure validity and reliability. The findings reveal that the waqf land exchange in Rempoah Village functions not merely as a formal administrative procedure, but as a welfare-oriented mechanism designed to optimize the social, economic, and functional benefits of waqf assets for the community. The practice reflects a contextual application of Islamic legal principles in which legal formalism interacts dynamically with considerations of public welfare. Academically, this case contributes to the development of Maqāṣid-based jurisprudence in the field of waqf by demonstrating that Maqāṣid al-Sharīʿah serves as an adaptive and responsive legal framework capable of addressing contemporary socio-economic challenges in waqf governance.
Copyright (c) 2025 Supani, Enung Asmaya, Asrizal Saiin, Maulana Yusuf, Cecep Soleh Kurniawan https://creativecommons.org/licenses/by-nc-sa/4.0
Reassessing the Legitimacy of Civil Disobedience: A Maqasid al-Shari’ah and Sociological Analysis of Legal Authority and Public Rejection of Government Policy
This research analyses the sociological and normative lawfulness of the civil disobedience initiated by the Agam community against the implementation of Government Regulation (PP) No. 84 of 1999, examined through the dual lenses of Maqasid al-Shari’ah and sociolegal theory. Employing a sociolegal research framework, the study integrates a normative-doctrinal analysis of Islamic legal literature with empirical field investigations to deconstruct the occurring legal tensions in West Sumatra. The findings demonstrate that the resistance against the proliferation of Nagari territories does not constitute an act of rebellion (bughat); rather, it represents a form of mu’aradhah shar’iyyah (legitimate constitutional opposition) and an implementation of the principle of amr ma’ruf nahi munkar. State policies that potentially disenfranchise communal land sovereignty (ulayat) are found to contravene the Shari’ah principles of preserving communal property (hifz al-mal) and lineage (hifz al-nasl), thereby failing to satisfy the legal maxim that government policies must be predicated upon the welfare of the people (tasharruf al-imam manuthun bi al-maslahah). From the perspective of Shari’ah jurisprudence, this civil disobedience is justified as a mechanism for preventing harm (dar’u al-mafasid) caused by repressive centralized regulations. This study underscores the imperative of harmonizing the laws of the state, customs (adat), and Shari’ah to avert structural injustice within the framework of regional autonomy.
Copyright (c) 2025 Taufik, Alfan Miko, Indraddin, Bob Alfiandi https://creativecommons.org/licenses/by-nc-sa/4.0
Regulatory Gaps in Digital Witness Protection for Cybercrime: Integrating International Standards, Egyptian Law, and Islamic Jurisprudence
This study examines regulatory gaps in digital witness protection in cybercrime by analyzing the relationship between international standards, Egyptian law, and Islamic jurisprudence. The increasing use of digital testimony in cybercrime cases has not been matched by adequate legal protection, exposing witnesses to risks such as cyber intimidation, data leakage, and cross border retaliation. This study aims to identify these gaps and develop an integrated legal approach that strengthens witness protection while maintaining the integrity of criminal justice. The research applies a normative juridical approach supported by descriptive, analytical, and comparative methods. It analyzes the United Nations Convention on Cybercrime, Egyptian legislation on information technology crimes, and Islamic legal principles related to testimony and protection. The findings show that international standards provide relatively comprehensive protection through mechanisms such as anonymity, remote testimony, and relocation. In contrast, Egyptian law lacks specific provisions addressing digital risks, particularly in relation to technical safeguards, remote protection mechanisms, and international cooperation. From the perspective of Islamic jurisprudence, witness protection is closely linked to the objectives of Sharia, especially the protection of life, dignity, and property, as well as the obligation to ensure truthful testimony without coercion. These principles provide a strong normative basis for adopting modern protection mechanisms, including digital anonymization and remote testimony. The study concludes that addressing regulatory gaps requires the integration of international standards with national legislation supported by Sharia based principles. It proposes a comprehensive model of digital witness protection that combines legal, technological, and ethical safeguards to enhance witness security, strengthen legal certainty, and improve the effectiveness of cybercrime enforcement in transnational contexts.
Copyright (c) 2025 Tarek El Sayed Mahmod, Khalid awad hammadi Al –Alwani, Ismael Hellawss, Mahmood Shaker Alaloosh, Salah Ragab Fathelbab https://creativecommons.org/licenses/by-nc-sa/4.0
Rethinking Profit and Loss Sharing: Regulatory Paradoxes in Mudharabah Savings and the Operationalization of Maqasid al-Shariah
This article examines the regulatory paradox in the governance of mudharabah savings in Indonesian Islamic banking, where the principle of profit-and-loss sharing (PLS), which is doctrinally based on risk sharing, operates within a regulatory architecture oriented towards risk control and depositor protection. The interaction between risk sharing based contractual rationality and risk containment based prudential regimes raises structural questions about whether PLS still functions as a substantive governance paradigm, or primarily as a formal legal category in a stability oriented financial regime. This study aims to identify the mudharabah regulatory framework and analyze it through the principle of hifz mal in maqasid sharia as a systemic evaluation instrument for consistency between the normative objectives of Islamic finance and its supervisory mechanisms. The study uses a normative-empirical legal design. The primary data consists of the Law on Islamic Banking, Financial Services Authority (OJK) regulations, and fatwas from the National Sharia Council Indonesian Ulema Council (MUI) regarding mudharabah contracts. The secondary data includes academic literature on PLS and maqasid al-sharia. Data were collected through documentation studies and analyzed using content analysis techniques. The findings show that the integration of PLS into the modern prudential regime produces three interrelated paradoxes moderation of risk transmission through risk control mechanisms, structural limitation of depositor exposure to losses through deposit insurance, and stabilization of returns due to competitive benchmarking pressures. Furthermore, this article shows that in its interaction with the modern regulatory regime, the principle of hifz mal in maqasid sharia has undergone a transformation from a normative doctrine to an analytical instrument for reassessing PLS governance. This process leads to the repositioning of PLS from mere regulatory compliance to a maqasid oriented governance framework that allows for critical evaluation of stability orientation, risk distribution fairness, and systemic integrity. The main contribution of this research lies in the operationalization of maqasid sharia as a methodological framework for re-reading PLS governance, while offering a conceptual reconstruction of the relationship between the principles of risk sharing and modern financial stability.
Copyright (c) 2026 Irma Novida https://creativecommons.org/licenses/by-nc-sa/4.0
Zakat Behavior in Urban Communities: A Sharia-Oriented Phenomenological Study
This study advances the understanding of zakat behavior by challenging dominant behavioral approaches particularly those grounded in the Theory of Planned Behavior which reduce compliance to measurable determinants while overlooking its legal and experiential dimensions. Adopting a socio-legal Islamic law perspective, this research employs an interpretive phenomenological approach to examine how muzakki experience, interpret, and enact zakat as a binding religious obligation in contemporary urban contexts. Data were collected through in-depth interviews with 15 informants and analyzed using a systematic thematic coding process. The findings reveal that zakat behavior is fundamentally meaning-driven, rooted in experiential religiosity as an internalized moral and spiritual awareness. Institutional trust emerges not as a direct determinant, but as an interpretive mediator through which individuals assess the legitimacy of formal and informal zakat practices, resulting in hybrid distribution patterns. Critically, maqasid al-shariah operates as a practical framework of legal reasoning, guiding compliance based on the perceived realization of maslahah, adl, and tazkiyah, rather than procedural adherence alone. By integrating phenomenological insights with socio-legal analysis, this study reconceptualizes zakat behavior as a meaning-driven, legally interpreted, and socially embedded process. It contributes to the literature by moving beyond determinant-based models toward an integrative framework that bridges Islamic legal theory and empirical behavior. Practically, the findings underscore the need for maqasid-oriented governance and hybrid zakat management strategies that enhance institutional legitimacy by aligning formal systems with lived religious expectations.
Copyright (c) 2025 Susiyanto, Mikho Ardinata, Muhammad Faiz Isra, Arief Dwi Saputra, Alfina Rahmatia https://creativecommons.org/licenses/by-nc-sa/4.0
Negotiating Justice in Litigated Divorce: Women's Legal Consciousness in Indonesian Religious Courts
The rising number of divorce cases in Indonesia reflects shifting gender relations within families and the dynamics of Islamic family law. Existing studies have largely focused on formal legal aspects or statistical trends, while limited attention has been given to how women articulate their gendered legal consciousness in the practice of wife‑initiated divorce (cerai gugat). This study addresses that gap by highlighting the novelty of analyzing gendered legal consciousness as a framework for understanding women’s agency in litigation. Using a qualitative case study design in three Religious Courts (Surabaya, Semarang, Bandung), data were collected through in‑depth interviews with 7–12 female petitioners and 5–7 court actors (judges, clerks, lawyers) in each site, complemented by courtroom and mediation observations. Purposive sampling with maximum variation was applied to capture diverse experiences based on grounds for divorce, socio‑economic background, and legal representation. Findings reveal that women strategically mobilize legal procedures and mediation to transform private issues—domestic violence, infidelity, neglect—into legally recognized claims. Although litigation imposes emotional and administrative burdens, participation in court provides new forms of empowerment and symbolic legitimacy. More importantly, women’s interactions with judicial processes shape gendered legal consciousness: they come to understand and reinterpret law as both a site of constraint and a space for renegotiating gender relations. Thus, litigation and mediation are not neutral mechanisms but arenas where agency is asserted and justice redefined. Theoretically, this research expands socio‑legal scholarship by situating gendered legal consciousness within Islamic family law. Practically, it demonstrates that Religious Courts function as dynamic social arenas where gender power relations are contested and women’s agency is reconstituted.
Copyright (c) 2025 Warnis, Martin Kustati, Nelmawarni, Syarifatul Hayati, Siti Atieqoh https://creativecommons.org/licenses/by-nc-sa/4.0
Ridhaa in Islamic Marriage Law: Reconstructing Consent under Psychological Coercion
This article reconstructs the concept of ridhaa (marital consent) in Islamic marriage law by incorporating psychological coercion as a form of defective consent that remains under-theorized in contemporary fiqh discourse. While classical doctrines of ikrah primarily focus on physical coercion and explicit threats, recent interdisciplinary studies in psychology have demonstrated that coercive control operates through non-physical mechanisms such as emotional manipulation, dependency, and behavioral domination, significantly impairing autonomous decision-making. This study employs a qualitative-normative approach grounded in ushul al-fiqh and maqashid al-shari'ah, supported by a systematic engagement with multi-madhhab fiqh sources and contemporary psychological literature on coercive control. By adopting a functional interpretation of ikrah, the analysis examines whether psychological coercion fulfills the same legal rationale ('illah) as classical coercion in invalidating consent. The findings argue that ridhaa should be conceptualized not merely as formal agreement but as substantively free will, protected from structural domination. Psychological coercion can therefore be framed as dhaarar nafsi that undermines legal agency and qualifies as a defect of consent within an ushulī framework. This study contributes by offering a more precise maqashid-based reconstruction of consent that bridges classical fiqh doctrine and contemporary empirical insights, while also identifying doctrinal limits to prevent over-expansion of ikrah.
Copyright (c) 2025 Ahmad Irfan, Alfiandri, Abraham Zakky Zulhazmi, Akhmad Nizaruddin, Faiz Husaini https://creativecommons.org/licenses/by-nc-sa/4.0
Conceptualizing Siyasah in the Four Sunni Schools: Classical Juristic Debates and the Juristic Logic of Political Flexibility
This article examines siyasah in classical Sunni fiqh as a form of jurisprudential reasoning, rather than as a theory of state institutions. This study employs a normative qualitative approach using comparative fiqh analysis and contextual jurisprudential interpretation to analyze authoritative classical fiqh texts from the Hanafi, Maliki, Shafi’i, and Hanbali schools pertaining to governance, political authority, public policy, and legal discretion. The comparative method is used to identify patterns of similarities and differences across schools in conceptualizing the relationship between law, political authority, and the public interest, while contextual interpretation is applied to situate fiqh arguments within their historical and methodological contexts. The research findings indicate that doctrinal differences regarding political discretion reflect the plurality of legal rationalities operating within a shared normative horizon, namely justice ('adl) and the public interest (maslahah). Political flexibility in this article is conceptualized as the juristic logic of political flexibility, namely an internally structured and ethically bound legal logic, not a value-free space of political power. This article concludes that siyasah syar'iyah is an integral form of bound discretion within the Islamic legal system, offering a historical, contextual-methodological, and non-reductionist framework for contemporary studies of Islamic law and politics.
Copyright (c) 2025 Muhammad Abu Dzar, Muntaha Artalim Zaim, Muhammad Amanullah https://creativecommons.org/licenses/by-nc-sa/4.0
Rethinking Maqasid al-Shari‘ah from the Ground: An Ethnography of Pilgrimage and Community Philanthropy in Pasir Sialang Village, Kabupaten Kampar, Riau
This study examines the annual grave pilgrimage (ziarah raya enam) and community-based giving in Pasir Sialang Village, Kabupaten Kampar, Riau, as an ethnographic case of how local Muslim actors negotiate religious devotion, customary practice, and communal welfare. Rather than claiming to reconstruct maqasid al-shari'ah as a legal theory, this article uses maqashid as an interpretive lens to examine how local meanings and social practices may be cautiously related to Islamic ethical objectives. Employing a qualitative ethnographic case study, the research draws on participant observation, semi-structured interviews with five key informants, and analysis of local documents related to pilgrimage, mosque activities, communal meals, and donation practices. The findings show that the pilgrimage is understood not only as prayer and remembrance for the deceased, but also as a social event that organizes kinship, migrant return, village belonging, food sharing, and mosque-based donations. Community philanthropy in this context operates less through formal charitable institutions than through informal giving, voluntary labor, shared meals, and household-based contributions. These practices form a local moral economy in which domestic resources are transformed into communal support and social reciprocity. The study also finds that the relationship between Islamic norms and local custom is not simply harmonious, but continuously negotiated through religious authority, customary leadership, gendered participation, and theological caution. The article contributes to community-based maqāṣid studies by showing that local practices should not be directly mapped onto classical maqasid categories, but interpreted through empirical meanings, observable social effects, religious boundaries, and the presence of maslahah.
Copyright (c) 2025 Roem Syibly, Muh Rizki, Khoirul Anam, Alima Toktan https://creativecommons.org/licenses/by-nc-sa/4.0
The Differentiation of Gender Bias Paradigm Toward The Qanun Aceh Number 6 of 2014 on Jinayat Law
Qanun Aceh Number 6 of 2014 on Jinayat Law, which was amended through Aceh Qanun Number 12 of 2025 concerning Amendments to Aceh Qanun Number 6 of 2014 on Jinayat Law, has been implemented for more than a decade and continues to attract national and international attention. Several provisions related to sexual violence have been criticized by gender observer groups through the List of Inventory Problems (DIM), particularly the requirement for female rape victims to provide evidence beyond their own testimony. Critics argue that this provision burdens victims and potentially hinders access to justice. This article also highlights that rape provisions were absent from the initial draft of the Qanun, indicating that the regulation emerged through a complex and contested legislative process. This study employs qualitative field research using primary and secondary data collected through interviews and documentation. Data were analyzed through reduction, display, and verification techniques, supported by sharia, normative-juridical, and empirical-juridical approaches. The findings reveal contrasting perspectives between the Qanun drafters and critics. The drafters view the Qanun as reflecting Islamic legal principles emphasizing repentance over imprisonment, while critics point to inconsistencies with the Indonesian Criminal Code (KUHP), enforcement challenges, and elements of gender bias. This study’s novelty lies in its analysis of the legislative trajectory of rape provisions within the Jinayat Qanun and its examination of how tensions between Islamic legal values, human rights discourse, and gender justice continue to shape the reform and implementation of Jinayat law in contemporary Aceh.
Copyright (c) 2025 Jarudin Jarudin, Salma, Ade Saputra, Ihsan Muhidin https://creativecommons.org/licenses/by-nc-sa/4.0
Toward Ecocentric Islamic Jurisprudence: Revitalizing Hima through Maqasid-Based Legal Reconstruction amid Extractive Development in Indonesia
This study aims to analyze the roots of the ecological crisis in Indonesia driven by the paradigm of extractive development and to evaluate the limitations of modern regulations in providing equitable environmental protection. Although numerous studies have examined the tension between economic development and ecological sustainability, a research gap remains regarding the integration of classical Islamic legal concepts, particularly ḥimā, into a contemporary environmental law framework grounded in an ecocentric approach. Therefore, this study contributes by proposing a conceptual reconstruction of Ecocentric Fiqh through the revitalization of the ḥimā instrument as an alternative mechanism for protecting Community-Managed Areas (Wilayah Kelola Rakyat / WKR) amid the expansion of extractive development in Indonesia.This research employs a qualitative method using a juridical-normative approach and library research. Data were collected from strategic environmental reports, including Environmental Outlook 2025 published by WALHI, and were examined alongside contemporary Islamic legal literature and reputable international journal sources. The analysis was conducted to connect empirical ecological crisis data with the normative construction of Islamic law in the context of environmental protection.The findings reveal that development policies centered on economic growth have generated significant ecological debt, marked by extensive deforestation, agrarian conflicts, and investment dominance in natural resource governance. Existing positive law tends to be anthropocentric and has not yet provided substantive ecological protection. As a key finding, this study demonstrates that revitalizing the concept of ḥimā within the framework of Ecocentric Fiqh offers a more inclusive model of territorial protection by positioning nature as an entity with intrinsic value. The contribution of this study lies in developing a theoretical framework for Islamic environmental law that is not merely normative but also relevant for addressing contemporary ecological challenges in Indonesia.
Copyright (c) 2025 Muhammad Suaib Tahir, Muhammad Patri Arifin, Agam Royana, Habib Maulana Maslahul Adi, Muhsin https://creativecommons.org/licenses/by-nc-sa/4.0
Nationalizing Sharia: Challenging the Hegemony of Ahad Hadith and the Politics of Legal Codification in Saudi Arabia
This article examines the radical transformation of the Saudi Arabian legal system under Vision 2030, marking a fundamental shift from the supremacy of traditional judicial interpretation to the codification of state positive law. The analysis focuses on Crown Prince Mohammed bin Salman’s (MBS) epistemological maneuver to limit the authority of "Ahad Hadith" (single-narrator reports) in the public sphere, mandating that state law rely exclusively on the Qur'an and Mutawatir Hadith. Using a juridical-normative approach and critical discourse analysis, this study tests the consistency of this doctrine within recent legislative packages, specifically the Personal Status Law, the Civil Transactions Law, and Evidence Law. The study covers a methodological inconsistency that the state rejects Ahad Hadith in economic matters to ensure investment certainty but retains them in socio-familial issues to maintain patriarchal stability. Consequently, this article concludes that Saudi legal reform is not a pure theological purification but a "pragmatic legal hybridity" which epistemologically lacks a strong academic basis. The claim of relying solely on Mutawatir Hadith serves as a discursive strategy for the "nationalization of Sharia," effectively reducing the role of clerics and judges from autonomous interpreters of divine law to bureaucratic executors of state statutes, serving political stability and global economic interests.
Copyright (c) 2025 Afwan Faizin, Khamami Zada https://creativecommons.org/licenses/by-nc-sa/4.0
Beyond Formal Legality: A Maqashid al-Shari'ah Approach to Ethical Legitimacy in Electronic Consent across Notarial, Healthcare, and Child Protection Practices
The rapid expansion of digital technology has transformed consent practices across various sectors, including notarial services, healthcare, and child protection. While electronic consent mechanisms are increasingly recognized as legally valid, concerns remain regarding their ability to ensure meaningful autonomy, informed understanding, and protection of vulnerable individuals. This study aims to examine the ethical limitations of contemporary electronic consent regimes and to evaluate them through the normative framework of maqashid al-shari‘ah. Employing doctrinal and comparative legal research, the study analyzes Indonesian digital legal regulations alongside selected international frameworks, including the General Data Protection Regulation (GDPR), the Children’s Online Privacy Protection Act (COPPA), and the United Kingdom’s Age Appropriate Design Code. The findings reveal that legally valid electronic consent often functions as procedural authorization rather than substantive ethical consent. In notarial services, consent mechanisms primarily verify identity without adequately ensuring voluntariness; in healthcare, digital consent may fail to secure meaningful patient comprehension; and in child protection, click-based consent frequently overlooks the limited capacity and vulnerability of minors. These findings indicate a persistent gap between legal validity and ethical legitimacy in digital governance. The study concludes that maqashid al-shari‘ah provides a human-centered framework that reorients electronic consent from procedural compliance toward the protection of autonomy, dignity, welfare, and vulnerable users in digitally mediated environments.
Copyright (c) 2025 Anis Mashdurohatun, Naimah, Raendhi Rahmadi, Ismayana, Hari Suparjo https://creativecommons.org/licenses/by-nc-sa/4.0
Negotiating Sharia, Customary Law, and Gender: Feminist Legal Pluralism in the Learo Tradition of Marriage in the Bintauna Community, Indonesia
The learo tradition in marriage among the Bintauna community of Indonesia reflects the tension between Islamic law, customary law and gender equality. While this practice symbolically honours women, it simultaneously enforces a discriminatory public virginity test, causing psychological distress and gender inequality. This study aims to analyse the learo tradition as a space for negotiation between Sharia law and customary law, to uncover power relations and the politics of women’s bodies, and to propose a framework of feminist legal pluralism centred on women’s voices. This qualitative research was conducted in Bintauna Sub-district (May–July 2023) using semi-structured interviews with 18 respondents (religious leaders, customary leaders, ritual leader (inang), academics, and women practising the tradition) and non-participant observation at five learo ceremonies. Thematic analysis was conducted using a feminist legal pluralism framework. The findings indicate: (1) the function of virginity testing within the learo tradition exceeds the bounds of valid customary (‘urf shahih) as it contradicts cover up a fault (saturul ‘aib) and the objectives of Islamic (law maqashid of sharia); (2) this practice reinforces patriarchy by imposing purity tests solely on women, causing trauma and stigma; (3) women (the ritual leader and the bride) have limited but strategic agency in quietly negotiating the rituals. The contribution of this research is to provide an operational framework for feminist legal pluralism based on three pillars: living customary normativity, locally reinterpreted Islamic legitimacy, and dialectical power relations. This framework offers adaptive transformation without erasing tradition, by recommending the abolition of virginity tests, the privatization of rituals, and full inclusivity for all prospective brides and grooms
Copyright (c) 2025 Rizal Darwis, Nurul Mahmudah, Ahmad Faisal, Muhammad Syakir Al Kautsar, Ahmad Fathan Aniq https://creativecommons.org/licenses/by-nc-sa/4.0
The Medical Cannabis Dilemma in Indonesia: Its History, Benefits, and Risks from an Islamic Legal Perspective
The prohibition of cannabis under Indonesian narcotics law has generated continuing debate regarding its potential use for medical treatment. This study aims to examine the legal status of medical cannabis from the perspective of Islamic law and to formulate a governance framework for its limited medical use in Indonesia. This research employs a qualitative normative legal method through statutory, conceptual, and case approaches, supported by literature review and semi-structured interviews with Islamic scholars, legal academics, and healthcare professionals. The findings reveal that Islamic law does not treat medical cannabis through an absolute prohibition paradigm but through a contextual assessment of maṣlaḥah and mafsadah. Medical cannabis may be permitted in exceptional circumstances when there is an urgent therapeutic need, scientific evidence of efficacy, no equally effective alternative treatment, and strict medical and governmental supervision. The study further identifies six Islamic bioethical principles relevant to the regulation of medical cannabis, namely protection of life, protection of intellect, public benefit, necessity, harm reduction, and the right to health. Based on these principles, the study proposes a maqāṣid al-sharī‘ah-based governance model emphasizing scientific validation, specialist supervision, patient registration, pharmaceutical control, stakeholder involvement, and periodic risk assessment. The study concludes that a limited and highly regulated medical cannabis policy is compatible with the objectives of Islamic law and may serve as a basis for future reform of Indonesian narcotics regulation.
Copyright (c) 2025 Rahmad Setyawan, Hayatul Islami, Doli Witro, Ahmad Mundzir, Muhammad Asyrofudin https://creativecommons.org/licenses/by-nc-sa/4.0