Al-Istinbath: Jurnal Hukum Islam
type: channel
description: 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.
publisher: Institut Agama Islam Negeri Curup
language: en-US
publication name: Al-Istinbath: Jurnal Hukum Islam
issn: 2548-3374
copyright: Authors who publish with Al-Istinbath : Jurnal Hukum Islam agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a CC BY-SA 4.0 Deed | Attribution-ShareAlike 4.0 International | Creative Commons (CC BY-SA 4.0) that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
items: Can Islamic Law and Secular Law Coexist Without Conflict
items: Reimagining Islamic Political Structures in Contemporary Muslim Societies: The Role of Global Networks and Transnational Movements
items: Fitnah in the Digital Age: Regulating Social Media Misuse Through Islamic Criminal Principles
items: Strengthening Ethical Responsibility in the Prosecutor's Office: A Comparative Study of Positive Law and Islamic Legal Principles
items: Fiqh Siyasa on War and Peace in Indonesia’s Post-Colonial Era: Analyzing Its Prospects and Challenges in the Sulawesi Region
items: Digitalization of Land Certification: Legal Perspectives from Islamic, Positive, and Administrative Law
items: Marriage Law Reform in Indonesia A Maqasid al-Usrah Perspective on Legal Adaptation
items: Reconstructing Islamic Legal Norms in Environmental Governance: A Maqasid-Based Legal Critique of Indonesia’s Resource Policies
items: Islamic Judicial Activism in Determining Child Maintenance: Ex Officio Authority and Peaceful Settlement in Indonesian Religious Courts
items: Islamic Law And Gendered Inheritance: An-Taradhin as Breakthrough for Women’s Rights Disputes in Java, Bali, and Sumatra
items: A Rhetorical-Legal Hermeneutic: Representations of Women in the Qur'an through Balaghah and Their Implications for Islamic Law
items: Is Sharia Economic Law Effective? A Critical Study of Indonesia’s Islamic Economic Legal Framework
items: "From Traditional 'Urf to Digital 'Urf: Accommodating the Values of the Young Generation on Husband-Wife Relations in the Framework of Ushūl al-Fiqh".
items: From Classical Kafā’ah to Contemporary Economic Justice: A Hadith-Based Legal Reassessment in Islamic Family Law
items: Legal Pluralism and the Transformation of Islamic Inheritance Law: A Study of Sasak Customary Practices in Indonesia
items: The Concept of Taʿzir in Fiqh Jinayat and Its Relevance to Traffic Ticket Sanctions in Indonesian Traffic Law
items: Towards an Integrated Sharia Governance Model in Indonesia: Legal Pluralism and the Reconfiguration of State Religion Relations in Financial Supervision
items: Individual Rights (of a Person) Are Threatened When Maintaining Sustainable Stability of Life
items: Legal Responses to Sexual Orientation Related Marital Breakdown: A Comparative Analysis of Islamic Family Law and Indonesian State Law
items: Religious Moderation and Halal Governance in Indonesia: A Wasatiyyah-Maslahah Framework

Can Islamic Law and Secular Law Coexist Without Conflict
type: item
description: The coexistence of Islamic law and state legal systems presents significant challenges, especially in multicultural societies, where multiple legal systems intersect and influence governance, human rights, and societal integration. Despite significant interest in the concept of legal pluralism, there is still a lack of clarity on how these two legal frameworks can work together without causing conflicts, especially when it comes to issues like family law, human rights, and governance. Through a detailed comparison of case studies, legal texts, and real-life examples, the research identifies areas where these legal systems overlap and clash, particularly regarding gender equality, the protection of human rights, and jurisdictional conflicts. The study also looks at potential solutions, such as legal reforms and the creation of hybrid legal bodies that can help complement the two systems. The findings suggest that while there are significant challenges in balancing these systems, there are also opportunities for greater cooperation and understanding. This article emphasizes the importance of legal reforms, improved communication between legal authorities, and the creation of shared spaces where both legal systems can coexist more effectively. It aims to provide practical insights for legislators and legal practitioners to improve the way these legal frameworks work together, eventually promoting justice and social cohesion in multicultural societies
creator: Aftab Haider
creator: Naim Mathlouthi
creator: Mohamed Saer Rahal
creator: Jamil Afzal
rights: Copyright (c) 2025 Aftab Haider https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-07-03
publication date: 2025-07-03
volume: 10
number: 2
starting page: 485
ending page: 512
doi: 10.29240/jhi.v10i2.11331

Reimagining Islamic Political Structures in Contemporary Muslim Societies: The Role of Global Networks and Transnational Movements
type: item
description: This article offers a critical analysis of how transnational Islamic movements are changing the landscape of Islamic political thought by appropriating global digital networks for political participation, authority, and discourse. It examines how classical Islamic ideals—shūrā (consultation), ‘adl (justice), ummah (community) are reappropriated in modern forms of civic engagement and global governance. Implementing a multimethod approach that combines geospatial network mapping, thematic content analysis of political speech, sentiment analysis of digital exchange, and multivariate statistical modeling, the study is also a test of these two methods. Furthermore, survey tools were used to test ideological consistency and commitment to Islamic governance principles for a sample of five diaspora groups. Five transnational Islamic movements (without identification) were concurrently analyzed in perspective of ideological spread, operational organization, digital enthusiasm and user behavior. The results suggest that centralized religious authority has been replaced by digitally mediated ideological mobilization. Islamic political ideas are more and more inscribed into transnational discourses of justice, consultation and solidarity. Sites like Telegram and Twitter represent strategic spaces of ideological spread, and engagement on the Internet and with organizational structures are the strongest predictors of alignment with Islamic governance, according to a regression analysis. In the 21st century, Islamic political identity is being reconfigured through digital-enabled, decentralized and ideologically cohesive transamination networks. These structures constitute an adaptive development of Islamic government—rooted in the classical traditions yet responsive to the pluralistic, participatory and technological conditions of the realities of modern global politics.
creator: Saif Saad Ahmed
creator: Abdulsatar Shaker Salman
creator: Ali Ghassan Ahmed Mohammed
creator: Aida Apyshova
creator: Aqeel Mahmood Jawad
rights: Copyright (c) 2025 Saif Saad Ahmed, Abdulsatar Shaker Salman, Ali Ghassan Ahmed Mohammed, Aida Apyshova, Aqeel Mahmood Jawad https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-07-29
publication date: 2025-07-29
volume: 10
number: 2
starting page: 513
ending page: 534
doi: 10.29240/jhi.v10i2.13368

Fitnah in the Digital Age: Regulating Social Media Misuse Through Islamic Criminal Principles
type: item
description: The global dissemination of fitnah false allegations, vilification, and damaging speech has become even more pronounced with the advent of social media, creating an ethical and moral quandary in many Muslim (and other) societies. Although most countries have adopted some version of secular laws for the control of their digital space, there remains a clear deficiency in the application of an Islamic criminal law that protects individual honor and social harmony. The study looks at the possibility of adapting the Islamic criminal principles to govern the abuse of social media platforms with special reference to offences similar to qadhf, ghibah, buhtan and namimah. It seeks to offer a jurisprudential model that is in harmony with the current digital situation but is also acceptable with Islamic legal principles. The article applies a doctrinal legal methodology and statistical scrutiny of 155 digital crimes that have been reported. Data were analyzed based on five dimensions of analysis: legal response, severity index, harm likelihood, public concern, and variation with the Shari‘ah compliance. Validation of the framework was guided by advice from jurists and organized classification of types of offense. Differences in legal enforcement and popular reaction are dramatic, according to the findings. The most compliant with Islamic law was False Accusation and the least verdict was Defamation (despite being the most frequent). Both Religious Incitement and Digital Harassment showed high potential for harm but were somewhat underregulated. Community responses conformed to Islamic ethics and, in many instances, were more sensitive than institutional responses. Possibilities for an ethically sound regulation of digital offenses under Islamic criminal law. A hybrid model combining the worldview values of Shari‘ah provisions and digital technology may potentially favor justice, accountability and social harmony on digital platforms.
creator: Omar Saad Ahmed
creator: Hussein Ajlan Hasan
creator: Sameer Dawood Salman Bazool
creator: Aigul Mirzaeva
creator: Oudha Yousif Salman Al-Musawi
rights: Copyright (c) 2025 Omar Saad Ahmed, Hussein Ajlan Hasan, Sameer Dawood Salman Bazool, Aigul Mirzaeva, Oudha Yousif Salman Al-Musawi https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-13
publication date: 2025-08-13
volume: 10
number: 2
starting page: 535
ending page: 562
doi: 10.29240/jhi.v10i2.13369

Strengthening Ethical Responsibility in the Prosecutor's Office: A Comparative Study of Positive Law and Islamic Legal Principles
type: item
description: This study explores how ethical responsibility forms the foundation of Organizational Citizenship Behavior (OCB) within law enforcement institutions, using the Prosecutor's Office as a case study. Employing a qualitative approach, it integrates normative and sociological analyses through the dual perspectives of positive law and Islamic ethical principles. The findings indicate that ethical responsibility encompassing integrity, honesty, and a commitment to justice is essential in motivating prosecutors to go beyond formal obligations by engaging in OCB practices such as loyalty, collegial support, and personal initiative. From the standpoint of positive law, OCB enhances institutional effectiveness, while from the perspective of Islamic law, it reflects work ethics rooted in maqāṣid al-sharī‘ah, particularly in promoting justice and public welfare. The study concludes that reinforcing ethical values grounded in both positive law and Islamic teachings can improve professionalism and accountability within the Prosecutor’s Office, contributing to broader legal bureaucratic reform in Indonesia. The academic contribution of this research lies in its integration of universal ethical values and Sharia principles into the study of organizational behavior in the legal sector—an area traditionally dominated by administrative and legalistic paradigms. As such, the study offers a more contextualized and transdisciplinary ethical-normative approach to legal reform.
creator: Windhu Sugiarto
creator: Suparto Wijoyo
creator: Sendy Ayu Mitra Uktutias
creator: Antoni Julian
rights: Copyright (c) 2025 Windhu Sugiarto, Suparto Wijoyo, Sendy Ayu Mitra Uktutias, Antoni Julian https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-25
publication date: 2025-08-25
volume: 10
number: 2
starting page: 563
ending page: 583
doi: 10.29240/jhi.v10i2.13123

Fiqh Siyasa on War and Peace in Indonesia’s Post-Colonial Era: Analyzing Its Prospects and Challenges in the Sulawesi Region
type: item
description: This research explores the interpretation and application of Fiqh Siyasa principles on war and peace by Islamist movements in Sulawesi, focusing on post-colonial dynamics and modern Indonesian reform. Fiqh Siyasa regulates state-citizen relations and interactions with non-Muslims, though its provisions on war and peace have limited contemporary application due to European colonialism and Western constitutionalism. The study traces the evolution of Fiqh Siyasa in Sulawesi, examining how local movements interpret these principles amid historical influences like colonial legacies, local rebellions, and conservative Islamic ideologies. Groups such as MIT, Mujahedeen KOMPAK, KPPSI, FKAWJ, MMI, FPI, and HTI exhibit diverse interpretations: some advocate for an Islamic state through dār al-Islam, while others promote coexistence by reinterpreting dār al-harb. These varied perspectives create a fragmented and context-dependent application of Fiqh Siyasa. The research contributes to understanding how global Islamic jurisprudential concepts adapt to regional realities, enriching discourse on Islam and state relations in modern Indonesia
creator: Adnan Adnan
creator: Bani Syarif Maula
creator: Najhan Parluhutan Harahap
rights: Copyright (c) 2025 Adnan Adnan, Bani Syarif Maula https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
volume: 10
number: 2
starting page: 584
ending page: 606
doi: 10.29240/jhi.v10i2.10304

Digitalization of Land Certification: Legal Perspectives from Islamic, Positive, and Administrative Law
type: item
description: This research examines the digitalization of land certification from an integrative perspective between Islamic law, positive law, and state administration practices in Indonesia. Digital transformation in the land sector is a strategic urgency to address classic challenges such as agrarian conflicts, overlapping ownership, and administrative inefficiencies. However, the success of digitalization does not only depend on technical aspects, but also on the harmonization of the religious values ​​of society, especially those based on Islamic law and the formal legal system of the state. Through a normative juridical approach, this study explores the meeting points and potential conflicts between the principles of maqāṣid syarI'ah, the principles of Indonesia law as stated in the Basic Agrarian Regulations (UUPA) and its derivative regulations, as well as the principles of good governance in public administration. The results of the study indicate that digitalization can increase legal certainty and efficiency, but still faces challenges such as the gap in digital infrastructure, legal and technological literacy of the community, and disharmony in regulations related to proof of rights, inheritance, and waqf. This research offers a three-dimensional legal integration model as a conceptual solution to realize effective, inclusive, and equitable digitalization of land certification, and is in line with the diversity of social and cultural values ​​of the Indonesian people. This reesarch offers a multidisciplinary legal framework for digital land governance that bridges Islamic and secular law. It provides a model relevant for countries with plural legal systems or large Muslim populations, and serves as a reference for international agencies in formulating culturally responsive and legally coherent land digitalization policies.
creator: Jum Anggriani
creator: Heni Noviarita
creator: Hasani Ahmad Said
creator: Dasrizal M. Nainin
rights: Copyright (c) 2025 Jum Anggriani, Heni Noviarita, Hasani Ahmad Said, Dasrizal M. Nainin https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-03
publication date: 2025-09-03
volume: 10
number: 2
starting page: 606
ending page: 630
doi: 10.29240/jhi.v10i2.12921

Marriage Law Reform in Indonesia A Maqasid al-Usrah Perspective on Legal Adaptation
type: item
description: This study explores the reform of Indonesian marriage law through the lens of maqasid al-usrah, the family-centered objectives within Islamic legal theory. It critically assesses whether key legal reforms such as marriage registration, minimum age requirements, regulation of divorce, and prenuptial asset arrangements align with the ethical aims of Islamic family law, including the protection of lineage, dignity, justice, and family welfare. Employing a qualitative library research method, the paper draws on classical Islamic jurisprudence, statutory legal documents, court practices, and the analytical framework of Jamaluddin al-Athiyya. It finds that while Indonesian legislation increasingly incorporates maslahah (public benefit) and maqasid reasoning to justify reforms, the implementation often falls short due to bureaucratic barriers, legal pluralism, and social inequality. For instance, minimum age laws are undermined by widespread judicial dispensations, and formal protections for women are diluted by enduring patriarchal norms and unequal access to justice. The study argues that maqasid al-usrah has been invoked more as a justificatory narrative than as a fully operational legal method. It concludes that meaningful application of maqasid requires not only legal reform but also structural, procedural, and cultural transformation to ensure that laws genuinely promote justice, protect the vulnerable, and reflect the dynamic needs of Indonesian Muslim society. This research contributes to the growing discourse on maqasid-based legal reform and offers a practical framework for evaluating future policy developments in Islamic family law.
creator: Busriyanti Busriyanti
creator: Pujiono Pujiono
creator: Mursalim
creator: Umar Chamdan
rights: Copyright (c) 2025 Busriyanti Busriyanti, Pujiono, Mursalim, Umar Chamdan https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-08
publication date: 2025-09-08
volume: 10
number: 2
starting page: 631
ending page: 649
doi: 10.29240/jhi.v10i2.12739

Reconstructing Islamic Legal Norms in Environmental Governance: A Maqasid-Based Legal Critique of Indonesia’s Resource Policies
type: item
description: This study examines the integration of Islamic legal principles into Indonesia’s natural resource governance, with a particular focus on sustainability and social justice. The research is motivated by the exploitative and anthropocentric orientation of current policies, which neglect intergenerational equity and ecological justice. To address this gap, the study employs a normative-juridical method with a critical approach, analyzing law as a system of norms rather than merely as social practice. Sources include statutory laws such as the Minerba Law and Job Creation Law, relevant fatwas issued by the Indonesian Council of Ulama, as well as Qur’anic and Hadith texts interpreted through the framework of maqāṣid al-sharī‘ah. Case studies of deforestation in Kalimantan and mining conflicts in West Nusa Tenggara are presented to contextualize the neglect of Islamic values in environmental management. The findings reveal four structural problems: legal dualism between state law and Islamic ethics, weak institutionalization of sharia principles, sectoral fragmentation in governance, and centralization of authority that marginalizes indigenous communities. These issues contribute to the persistent neglect of maslahah, ‘adl, and environmental justice in public policy. The study proposes a maqāṣid-based reconstruction of legal norms through ijtihād maqāṣidī and taḥqīq al-manāṭ as methodological tools to realign governance with ethical and ecological imperatives. Recommendations include revising extractive laws, integrating environmental fatwas into statutory frameworks, strengthening participatory governance, and establishing a Maqāṣid Commission for ecological oversight. In conclusion, the research demonstrates that reconstructing Islamic law through maqāṣid not only fills the ethical gap in Indonesia’s regulatory system but also offers a transformative model for just, participatory, and sustainable environmental governance.
creator: Lina Marlina Susana
creator: Ramadhani Irma Tripalupi
creator: Suparman Kholil
creator: Nur Efendi
creator: Gina Sakinah
rights: Copyright (c) 2025 Lina Marlina Susana, Ramadhani Irma Tripalupi, Suparman Kholil, Nur Efendi, Gina Sakinah https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-16
publication date: 2025-09-16
volume: 10
number: 2
starting page: 650
ending page: 670
doi: 10.29240/jhi.v10i2.13038

Islamic Judicial Activism in Determining Child Maintenance: Ex Officio Authority and Peaceful Settlement in Indonesian Religious Courts
type: item
description: This article examines the construction of Islamic law in determining child support after divorce through two mechanisms in Indonesia’s Religious Courts: amicable settlement (ṣulḥ) and judges’ ex officio authority. Although both have a clear legal basis, their practice continues to face challenges: amicable settlements are often compromise-based without objective evaluation of children’s needs, while ex officio rulings tend to be more responsive but lack uniformity due to the absence of standardized guidelines. Employing a juridical-empirical approach with content analysis of four representative decisions from the Bintuhan and Manna Religious Courts (2023–2024), this study identifies the legal considerations applied, assesses the adequacy of child support amounts, and compares the effectiveness of both mechanisms. The findings reveal that amicable settlements frequently result in insufficient child support, whereas ex officio rulings better protect children’s interests yet remain inconsistent. By integrating the principle of maqāṣid al-syarī‘ah, particularly ḥifẓ al-nasl (protection of lineage), this research introduces the concept of Islamic judicial activism, which positions judges as proactive actors in ensuring the child’s best interests. Theoretically, the study enriches global Islamic legal discourse by proposing a maqāṣid-oriented adjudication model that bridges normative texts, socio-economic realities, and substantive justice. Practically, it recommends that the Supreme Court establish national guidelines for child support determination based on cost-of-living standards, enhance judges’ capacity, and strengthen monitoring mechanisms for enforcement. Thus, this study not only contributes to comparative family law scholarship but also offers an innovative normative model for child protection in Muslim jurisdictions.
creator: Alamsyah alamsyah
creator: Asrianti Sukirman
creator: Oyo Sunaryo Mukhlas
creator: Aden Rosadi
rights: Copyright (c) 2025 Alamsyah alamsyah, Asrianti Sukirman, Oyo Sunaryo Mukhlas, Aden Rosadi https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-25
publication date: 2025-09-25
volume: 10
number: 2
starting page: 671
ending page: 699
doi: 10.29240/jhi.v10i2.12755

Islamic Law And Gendered Inheritance: An-Taradhin as Breakthrough for Women’s Rights Disputes in Java, Bali, and Sumatra
type: item
description: The Indonesian government provides legal protection for women, but they face ongoing challenges in preserving land ownership in various regions. This article aims to explore three main points: (a) women’s contested land ownership and inheritance rights in Java, Bali, and Sumatra, (b) the successful breakthroughs in the application of Islamic law in addressing these contestations in other regions, and (c) the idea of ​​an-taradhin as a practical solution to these disputes. This study employs a qualitative empirical legal research approach, combining documentary analysis of statutory frameworks and Islamic legal sources with field interviews with several stakeholders (ranging from PPAT to NGOs). The empirical data were gathered through fieldwork in selected rural communities across Java, Bali, and Sumatra. This dual approach integrates normative legal analysis with empirical findings to offer a contextualized understanding of the application of Islamic law. This study reveals that Islamic laaw, when contextualized with local customs, offers a viable framework to overcome cultural and legal barriers. Notably, the principle of an-taradhin demonstrates potential to uncover the issue of women’s land and inheritance rights amidst legal and customary conflicts in Indonesia. This study also recommends breakthroughs by providing some lessons from other cases of implementing an-taradhin in various regions (such as in the Sundanese, Sampang, and Yoruba communities). This study contributes primarily to Islamic legal studies with significant implications for customary law reform and gender justice, by proposing the integration of Sharia-based principles such as maslahah and an-taradhin within pluralistic legal systems.
creator: Hendi Sugianto
creator: Achmad Fawaid
creator: Hasan Baharun
creator: Ayuningtias Yarun
rights: Copyright (c) 2025 Hendi Sugianto, Achmad Fawaid, Hasan Baharun, Rofiqi Rofiqi https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-08
publication date: 2025-10-08
volume: 10
number: 2
starting page: 700
ending page: 731
doi: 10.29240/jhi.v10i2.12614

A Rhetorical-Legal Hermeneutic: Representations of Women in the Qur'an through Balaghah and Their Implications for Islamic Law
type: item
description: This study addresses contested interpretations of women's status in Islamic law by innovatively applying Balaghah (Quranic rhetoric) to analyze gender representations in the Quran. Using rhetorical analysis of kalam khabari (declaratives), kalam insha'i (directives), and kinayah (metaphors), we systematically examine verses concerning inheritance, testimony, and women's rights. Our findings reveal that the Quran's linguistic structures consistently affirm gender equality, contradicting patriarchal readings - particularly through its deliberate use of rhetorical devices in key verses (e.g., Q 4:7, Q 2:282). The study's novelty lies in developing a Balaghah-based framework for Islamic feminist jurisprudence, demonstrating how Quranic rhetoric inherently safeguards women's dignity. This provides: (1) a new methodology for gender-sensitive Quranic exegesis, and (2) textual evidence for reforming patriarchal legal interpretations. These findings are significant for contemporary Muslim societies, offering a Quran-grounded approach to aligning Islamic law with gender justice principles.
creator: Renti Yasmar
creator: Mia Nurmala
creator: Yayan Nurbayan
creator: Erlina Erlina
creator: Tiara Atikah
rights: Copyright (c) 2025 Renti Yasmar, Mia Nurmala, Yayan Nurbayan, Rahadian Kurniawan, Tiara Atikah, Eisya Nautika Rahmi https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-08
publication date: 2025-10-08
volume: 10
number: 2
starting page: 731
ending page: 760
doi: 10.29240/jhi.v10i2.11132

Is Sharia Economic Law Effective? A Critical Study of Indonesia’s Islamic Economic Legal Framework
type: item
description: The development of law often lags behind the dynamics of economic activities, whereas legal certainty is essential to protect the economic and business rights of market participants. This study evaluates the effectiveness of Islamic economic law in Indonesia using Anthony Allott’s theory of legal effectiveness, which emphasizes the preventive, curative, and facilitative functions of law. Employing a qualitative evaluative approach, the analysis draws on statutory laws, fatwas, judicial decisions, and institutional regulations from key authorities such as the Financial Services Authority (OJK), the National Sharia Board (DSN-MUI), and the National Committee for Sharia Economics and Finance (KNEKS), complemented by reputable peer-reviewed academic sources. The findings indicate that Islamic economic law remains partially effective: it has yet to improve public literacy and inclusion, its curative mechanisms are constrained by limited substantive law, and its facilitative role is weakened by regulatory inflexibility. The study contributes to the socio-legal evaluation of Islamic economic law, proposing a more integrated, adaptive, and innovation-oriented framework to enhance the responsiveness and sustainability of Indonesia’s Sharia economic system.
creator: Zulqarnain
rights: Copyright (c) 2025 Zulqarnain https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-29
publication date: 2025-10-29
volume: 10
number: 2
starting page: 761
ending page: 783
doi: 10.29240/jhi.v10i2.12952

"From Traditional 'Urf to Digital 'Urf: Accommodating the Values of the Young Generation on Husband-Wife Relations in the Framework of Ushūl al-Fiqh".
type: item
description: This study examines how digital interpretations of marital roles among Muslim youth transform the classical concept of 'urf and challenge traditional gendered norms in Islamic family law. Existing research has extensively discussed 'urf and marital hierarchy, yet little attention has been paid to how digital-native perceptions, circulating through platforms such as TikTok and Instagram, reshape normative expectations of spousal relations within the framework of ushul fiqh. This study addresses this gap by analyzing the emergence of "digital 'urf" as a new sociocultural reference for young Muslims. Using qualitative documentary analysis combined with thematic content analysis, the study examines 120 short-form digital contents produced by Indonesian Muslim youth between 2023–2024, selected through purposive sampling. The dataset is triangulated with classical fiqh texts, contemporary fatwas, and statutory family law materials to evaluate the extent to which digital 'urf aligns with or diverges from established ushul fiqh principles. The findings reveal three major shifts: (1) digital 'urf reframes marital roles from hierarchical–patriarchal to partnership-based, (2) normative authority moves from textual and communal scholars to digital micro-influencers, and (3) the concept of qiwāmah undergoes functional reinterpretation driven by economic and technological equality. These shifts indicate the emergence of a hybrid normativity that merges experiential digital ethics with fiqh-based reasoning. This study contributes a conceptual reformulation of 'urf in the digital era and offers a framework for integrating digital socio-cultural patterns into ushul fiqh analysis.
creator: Zulbaidah Zulbaidah
creator: Harry Yuniardi
creator: Januri Januri
creator: Nandang Najmudin
creator: Christoper Cason
rights: Copyright (c) 2025 Zulbaidah Zulbaidah, Harry Yuniardi, Januri Januri, Nandang Najmudin, Christoper Cason https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-20
publication date: 2025-11-20
volume: 10
number: 2
starting page: 784
ending page: 808
doi: 10.29240/jhi.v10i2.14630

From Classical Kafā’ah to Contemporary Economic Justice: A Hadith-Based Legal Reassessment in Islamic Family Law
type: item
description: This study aims to reassess the concept of economic kafa’ah by re-examining prophetic traditions (ahadith) through a phenomenological and socio-legal lens. Employing qualitative methodology, this research integrates thematic hadith analysis, historical contextualization of classical juristic opinions, and phenomenological interpretation to explore shifts in meaning and application. The findings reveal that economic kafa’ah in prophetic tradition primarily emphasizes ethical reliability, economic responsibility, and shared life capital rather than pre-existing wealth or social pedigree. Contemporary application suggests that kafa’ah is a dynamic construct that may emerge through mutual potential, education, work ethic, and long-term economic cooperation. The legal reassessment demonstrates that classical hierarchy-based criteria are not immutable; instead, they may be contextualized according to maqasid al-shari‘ah to promote economic justice, household stability, and gender balanced financial roles. This study concludes that economic kafa’ah should be reconstructed as a principle of equitable capability and shared socio-economic commitment rather than rigid material equivalence.
creator: Zurifah Nurdin
creator: Suryani
creator: Agusten
rights: Copyright (c) 2025 Zurifah Nurdin, Suryani, Agusten https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-23
publication date: 2025-11-23
volume: 10
number: 2
starting page: 809
ending page: 830
doi: 10.29240/jhi.v10i2.12880

Legal Pluralism and the Transformation of Islamic Inheritance Law: A Study of Sasak Customary Practices in Indonesia
type: item
description: This study examines the dynamics of legal pluralism and the transformation of Islamic inheritance law within the indigenous Sasak community of Indonesia. Its primary objective is to explore how the deeply entrenched patrilineal tradition, which privileges sons in the transmission of land and core family assets, interacts with the proportional distribution mandated by Islamic inheritance law (farā’iḍ), a system that explicitly recognizes the rights of female heirs. Employing a qualitative approach rooted in socio-legal empiricism, the research draws on in-depth interviews with customary leaders, Sasak community members, and scholars of Islamic jurisprudence, complemented by documentary analysis of national legal instruments and classical fiqh literature. Findings reveal that, although patrilineal practice remains predominant, a discernible shift in values is underway toward greater adherence to Islamic inheritance principles, particularly among younger generations and families with higher educational attainment. Socio-economic change, modernization, and growing awareness of gender justice have collectively fuelled this transformation, even as resistance persists among traditional elders who regard patrilineal inheritance as an indispensable marker of cultural identity. The study concludes that these developments exemplify the inherent dynamism of Islamic law through processes of renewal (tajdīd) and selective adaptation (takhayyur). Achieving a just, gender-inclusive inheritance system with broad social legitimacy in the Indonesian context ultimately requires thoughtful harmonization among Islamic inheritance norms, local customary traditions, and the national legal framework.
creator: Yusmita Yusmita
creator: Iwan Romadhan Sitorus
creator: Laras Shesa
creator: Evy Septiana Rachman
creator: Sri Lumatus Sa'adah
rights: Copyright (c) 2025 Yusmita Yusmita, Iwan Romadhan Sitorus, Laras Shesa, Evy Septiana Rachman, Sri Lumatus Sa'adah https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-23
publication date: 2025-11-23
volume: 10
number: 2
starting page: 831
ending page: 852
doi: 10.29240/jhi.v10i2.12500

The Concept of Taʿzir in Fiqh Jinayat and Its Relevance to Traffic Ticket Sanctions in Indonesian Traffic Law
type: item
description: This study aims to examine traffic ticket sanctions from the perspective of fiqh jinayat, with a particular focus on the concept of ta'zir as a form of punishment that is flexible and delegated to the discretion of the ruling authority (ulil amri). In the context of traffic law in Indonesia, traffic fines are implemented to enforce order and reduce violations that may endanger public safety. This study focuses on how fiqh jinayat provides a normative foundation for the enforcement of traffic sanctions and its relevance within Indonesia’s positive legal system. This study uses a qualitative normative-sociological approach to examine how taʿzir-based traffic sanctions shape public legal awareness and influence community compliance with traffic regulations. The analysis uses an explanatory method to explore the correlation between the principles of ta'zir and modern traffic law policy. The findings demonstrate that fiqh jinayat positions traffic sanctions within the framework of maslahah, aiming to protect life (hifzh al-nafs) and property (hifzh al-mal). Traffic ticket penalties in Indonesia, such as fines for not wearing helmets, license suspensions for reckless driving, or vehicle impoundment for driving without valid documents, can be classified as taʿzīr punishments. These sanctions function preventively by deterring future violations and repressively by disciplining offenders to maintain social order. This study affirms that the principles of fiqh jināyāt, particularly the concept of taʿzīr, can serve as an ethical and normative foundation for enforcing traffic ticket sanctions within Indonesia’s positive legal system. Such integration is essential for strengthening justice, promoting road safety, and ensuring collective welfare in Indonesian society. This study contributes to the development of contextual Islamic law, particularly through the integration of maqāṣid al-sharīʿah values with the modern legal system to strengthen public compliance with regulatory no…
creator: Mohammad Adnan
creator: Badra Uyuni
creator: Muhammad Saleh
creator: Nilasari Siagian
creator: Loso Judijanto
rights: Copyright (c) 2025 Mohammad Adnan, Badra Uyuni, Muhammad Saleh, Nilasari Siagian, Loso Judijanto https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-27
publication date: 2025-11-27
volume: 10
number: 2
starting page: 853
ending page: 872
doi: 10.29240/jhi.v10i2.12626

Towards an Integrated Sharia Governance Model in Indonesia: Legal Pluralism and the Reconfiguration of State Religion Relations in Financial Supervision
type: item
description: This study examines the functional relationship and institutional conflict between religious authorities namely the National Sharia Council of the Indonesian Ulema Council (DSN MUI) and the Sharia Supervisory Board (DPS) and state authorities, particularly the Financial Services Authority (OJK), in supervising sharia compliance within Indonesia’s financial institutions. Employing a normative-qualitative method with a statutory and conceptual approach, the research analyzes relevant laws, DSN fatwas, OJK regulations, as as well as a conceptualized model derived from legal approaches and public management theory. The findings reveal a structural gap: DSN MUI’s fatwas significantly influence regulatory practice yet lack formal legal force, while OJK, despite its regulatory mandate, cannot substantively review those fatwas. Moreover, DPS appointments by financial institutions raise concerns about independence and public accountability. As a scholarly contribution, this study introduces the Integrated Sharia Governance Framework (ISGF), a model that proposes procedural integration between DSN MUI and OJK, strengthens DPS oversight, and embeds fatwas into formal regulatory processes without eroding religious autonomy. The ISGF serves as a normative solution to institutional fragmentation and offers a context-sensitive approach to harmonizing religious authority with democratic rule-of-law principles in Indonesia’s sharia financial governance
creator: Achmad Zuhdi
creator: Edi Saputra
creator: Hasannudin Hidayat
creator: Khoirul Umam
creator: Didi Hayamansyah
rights: Copyright (c) 2025 Achmad Zuhdi, Edi Saputra, Hasannudin Hidayat, Khoirul Umam, Didi Hayamansyah https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-28
publication date: 2025-11-28
volume: 10
number: 2
starting page: 873
ending page: 899
doi: 10.29240/jhi.v10i2.12812

Individual Rights (of a Person) Are Threatened When Maintaining Sustainable Stability of Life
type: item
description: Individual/family rights, when not fulfilled, will bring about ongoing threats to life safety. Eliminating wealth/property leads to the pinnacle of poverty, a lack of prosperity, and dependence on others. This study aims to examine the rights of individuals/families regarding the lack of obligation to distribute consumed wealth as a threat to their lives. It also examines the causes of this lack of obligation to distribute consumed wealth. This study relies on a qualitative approach, with the type of field research, by collecting data through in-depth interviews with key informants and conducting observations. Data sources Datuak, Ninik mamak, bundo kandung, Minangkabau indigenous people. Analysis method with qualitative description. The research results show that the lack of utilization in asset distribution indicates the emergence of a form of difficulty in fulfilling individual/family rights to sustainability and survival. There are shortages in education, health, economic capital, and so on. The existence of Rangkiang values ​​is already feared, leading to the building being neglected and left to fall into disrepair, even though the building holds valuable value in the process of sustaining life. This paper concludes that a stable pattern of wealth consumption is associated with a person's fair attitude in balancing individual (self)/family rights and obligations in Hifzul Maal (preservation of wealth). Individual (self)/family rights are threatened when individual/family obligations in the distribution and consumption of wealth are neglected. The lack of sufficient living conditions has led to suffering due to the lack of everything needed to achieve life's activities.
creator: Farida Arianti
creator: Siska Febriyanti
creator: Silvianetri
creator: Sofian Al-Hakim
creator: M Ihsanul Fikri
rights: Copyright (c) 2025 Farida Arianti, Siska Febriyanti , Silvianetri Silvianetri, Sofian Al-Hakim, M Ihsanul Fikri https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
volume: 10
number: 2
starting page: 900
ending page: 922
doi: 10.29240/jhi.v10i2.14411

Legal Responses to Sexual Orientation Related Marital Breakdown: A Comparative Analysis of Islamic Family Law and Indonesian State Law
type: item
description: Marital breakdown due to sexual orientation is becoming an increasingly visible phenomenon in Indonesian courts, but it remains in a gray area in both Islamic family law and national law. This study aims to analyze how both legal systems respond to this issue, both through written norms and jurisprudential practice, while identifying points of convergence and divergence between the two. Using qualitative research methods with a normative comparative approach, this study examines classical and contemporary fiqh literature and legislation. The findings show that although fiqh and Indonesian positive law depart from different epistemological orientations fiqh is based on ethical-normative principles and state law is based on legal-formalist principles both have important intersections in the form of the principle of preventing harm, recognition of factual disharmony, and psycho-social protection of couples. but there are significant differences in the categories of disgrace, standards of evidence, and the scope of judicial discretion, which lead to disparities in rulings. This research contributes to the development of family law discourse by offering a harmonization framework based on maqāṣid al-sharī'ah and a harm-based reasoning approach, as well as recommending interpretive guidelines that can increase legal certainty and protection of couples' rights in marriage cases involving sexual orientation.
creator: Rahmadanil Danil
creator: Yaswirman
creator: Yasniwati
creator: Devianty Fitri
creator: Deri Wan Minto
rights: Copyright (c) 2025 Rahmadanil Danil, Yaswirman, Yasniwati, Devianty Fitri https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
volume: 10
number: 2
starting page: 923
ending page: 947
doi: 10.29240/jhi.v10i2.11669

Religious Moderation and Halal Governance in Indonesia: A Wasatiyyah-Maslahah Framework
type: item
description: The rapid expansion of Indonesia’s halal industry requires alignment between economic growth and the principles of religious moderation, including wasaṭiyyah (balance) and maṣlaḥah (public welfare). This study analyzes how these principles are integrated into halal governance, certification, and policy frameworks while identifying structural and socio-cultural barriers that hinder their implementation. Employing a descriptive qualitative design grounded in interpretivism, the research uses document and content analysis of legal instruments (Law No. 33/2014 on Halal Product Assurance), institutional reports (BPJPH and KNEKS), and peer-reviewed literature. Triangulation was applied through cross-validation of academic, governmental, and media sources. The findings reveal that religious moderation is conceptually acknowledged yet structurally fragmented due to bureaucratic inefficiencies, inconsistent policy coordination, and limited accessibility for micro and small enterprises (MSMEs). Cultural resistance and theological diversity further constrain its application. The study contributes to the interdisciplinary discourse on Islamic governance and ethical regulation by operationalizing wasaṭiyyah and maṣlaḥah as analytical tools for inclusive halal policymaking. It recommends strengthening regulatory coordination, digitizing halal certification, and embedding moderation training within institutional programs to enhance transparency and inclusivity. Religious moderation thus emerges not merely as a moral principle but as a structural framework for sustainable halal industry development and global competitiveness
creator: Asep Saefullah
creator: Dede Burhanudin
creator: Arif Syibromalisi
creator: Saeful Bahri
creator: Hardivizon Hardivizon
rights: Copyright (c) 2025 Asep Saefullah, Dede Burhanudin, Arif Syibromalisi, Saeful Bahri, Hardivizon Hardivizon https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
volume: 10
number: 2
starting page: 948
ending page: 975
doi: 10.29240/jhi.v10i2.14554