JURIS (Jurnal Ilmiah Syariah)

The Contestation of Legal Authority: Local Criminal Law, State Law, and Islamic Law in Nagari Pasia Laweh, West Sumatra

2025-04-22T11:10:14+07:00

The enforcement of law in Indonesia reflects a complex interaction between national legislation, Islamic law, and local customary systems, revealing the country’s deeply plural legal landscape. This study aims to examine how legal authority is negotiated among these frameworks within the constitutional nagari of Pasia Laweh in West Sumatra. Employing a qualitative socio-legal method, the research draws on field data collected between 2017 and 2024 through in-depth interviews, observation, and documentation to explore how the Kerapatan Adat Nagari (traditional council) resolves criminal cases. Findings indicate that at least seven minor criminal cases—such as theft, assault, and family-related offenses—were resolved through custom-based deliberation rather than formal state procedures. Sanctions typically included fines, public apologies, and reconciliation rituals, which were perceived by the community as more effective in restoring social harmony. From an Islamic perspective, these practices align with the principles of

restorative justice and maqāṣid al-sharī‘ah, emphasizing the preservation of social order and communal dignity. The study concludes that the customary justice system of Pasia Laweh does not contradict state or Islamic law but demonstrates an active contestation and negotiation of legal authority within Indonesia’s plural legal order. This research, by foregrounding the restorative nature and cultural legitimacy of customary practices, seeks to reposition justice not merely as a legal procedure but as a moral and social endeavor. In doing so, it contributes to the ongoing discourse on decolonizing justice and offers grounded reflections for reforming Indonesia’s criminal justice system in a culturally responsive manner.

Transcending Without Disconnecting: The Integrative Epistemology of Ma’had Aly Situbondo and Its Model of Endogenous Islamic Legal Reform

2025-05-08T09:11:15+07:00

This article examines how Ma’had Aly Salafiyah Syafi’iyyah Situbondo, Indonesia develops an endogenous and tradition-rooted model of Islamic legal reform through an integrative epistemology that combines bayānī (textual), taʿlīlī (rational-causal), and maqāṣidī (teleological) approaches. The study aims to identify the epistemological principles and institutional mechanisms through which Ma’had Aly maintains continuity with classical turāth and sanad while restructuring legal reasoning to address contemporary socio-legal realities. Using a qualitative socio-legal and contextual-hermeneutic approach supported by Critical Discourse Analysis, the research investigates how interpretive authority is negotiated within pedagogical practices, curriculum design, and baḥth al-masāʾil deliberations. The findings show that Ma’had Aly’s epistemic project is not a juxtaposition of interpretive tools but a coherent model of fiqh renewal grounded in the interplay between fiqh al-nuṣūṣ (textual reasoning), fiqh al-wāqiʿ (analysis of social reality), and fiqh al-tanzīl (contextual application). This triadic framework enables the institution to transcend rigid textualism while preserving normative legitimacy through sanad-based authority. The study further demonstrates that Ma’had Aly’s integrative methodology constitutes a neo-traditionalist reform trajectory, facilitating a shift from qaulī and ilḥāqī reasoning toward a manhajīparadigm guided by maqāṣid al-sharīʿah. Building on these insights, the article proposes the “Integrative Manhaj of Epistemological Renewal” as a theoretical model explaining how pesantren-based higher learning institutions can generate internally legitimate and contextually adaptive jurisprudential reform. While recognizing limitations stemming from its single-case scope and the cultural specificity of pesantren epistemology, the study contributes to broader debates on Islamic legal reform in Southeast Asia by demonstrating the capacity of tradition-based institutions to produce transformative yet continuity-preserving legal reasoning.

Post-Divorce Spirituality and the Renewal of Tawḥīd Among Muslim Women in Pekanbaru, Indonesia: A Path to a Contextual Theology of Islamic Family Law

2025-12-06T14:12:10+07:00

This study explores the contextual interpretation of tawḥīd as an epistemological and ethical framework within the post-divorce experiences of Muslim women in Pekanbaru, Indonesia. It does so by uncovering the theological and practical dimensions that are often overlooked in Islamic family law discourse. The study begins with the understanding that divorce is an existential moment that demands a profound reconstruction of the meaning of faith, not merely a legal or social event. Using a qualitative, phenomenological, and hermeneutic approach, the study involved six purposely selected key informants. Data analysis integrated the lived religion framework, tawḥīd as a structure of meaning, and the theory of spiritual agency. Epistemologically, the study positions tawḥīd as an ethical and practical lens through which to interpret life crises, grounded in the Kalām

tradition. The findings reveal that core tawḥīd concepts, such as qadar (divine decree), ṣabr (patience), tawakkul (dependence on God), and riḍā (willingness), undergo a renewal of meaning, actively and contextually interpreted by the informants. These concepts are no longer merely understood as theological doctrines; rather, they are envisioned as ethical sources, spiritual mechanisms, and expressions of moral agency that help people reconstruct their lives, heal wounds, and make decisions after divorce. In this context, tawḥīd serves as a living epistemology that shapes women’s spiritual resilience and religious autonomy. This study paves the way for developing a more ethical, empathetic, and experience-based theology of Islamic family law by positioning women’s spirituality as an epistemic subject that actively interprets religious law to achieve substantive justice.

Halal Certification Governance in Indonesia: An Islamic Legal Appraisal Based on Maṣlaḥah Principles

2025-06-01T13:53:59+07:00

This study aims to analyze the contradictions between Indonesia’s legal mandate for halal certification and its ineffective implementation, which contradicts the principles of maṣlaḥah and good governance. Using a qualitative research method with an empirical legal approach, this study draws on data from interviews with policymakers, academics, and halal industry practitioners. Data were collected through semi-structured interviews and analyzed using thematic analysis. The findings reveal that regulatory disharmony, limited budgets, and weak halal product assurance hinder effective certification and restrict MSMEs participation. These conditions reflect a gap between the normative legal framework and its practical realization. This study contributes a maṣlaḥah based analysis of halal certification governance, highlighting the need for regulatory harmonization, capacity-building, and cost-reduction mechanisms. This study recommends the establishment of a synergistic, multi-stakeholder halal ecosystem to accelerate the certification process and enhance the global competitiveness of Indonesia’s halal industry. The scientific contribution of this study lies in offering a maṣlaḥah-based analytical framework for evaluating halal certification governance as an approach that integrates Islamic legal theory with contemporary public governance analysis

The Halal Value Chain in Sri Lanka: Economic Contribution Amidst Institutional and Legal Controversies

2025-08-04T20:18:56+07:00

This conceptual study addresses the complex and often contested issue of halal certification in Sri Lanka, a country where the certification process plays a significant role in the national export economy, particularly in the food and beverage sector. The article is aimed at analyzing the halal certification value chain by examining its legal, institutional, and socio-political dimensions, as well as its economic and social impacts. Employing a qualitative, conceptual approach, the study drew on secondary data and policy analysis to map the structure and challenges of the halal certification system. The findings revealed that despite contributing an estimated USD 1.7 billion in 2023 to Sri Lanka’s exports, the halal certification process remains legally ambiguous and institutionally fragmented, with the Halal Assessment Council (HAC) operating as a private entity without formal state oversight. The study concluded that a cohesive, legally grounded framework is urgently needed to ensure the stability, ethical integrity, and long-term development of the halal sector in Sri Lanka. However, the study is limited by the absence of empirical field data and comparative analysis with other national models; future research should incorporate stakeholder perspectives and international benchmarking to inform more inclusive and effective policy recommendations

Gender Equality in the Concept of Family Maintenance and Marital Property in Indonesian and European Legal Context: A Comparative study

2025-02-25T08:03:09+07:00

This paper examines the concept of family maintenance and marital property in Indonesian and European law through a gender-based comparative analysis. This normative-comparative study aims to formulate a gender-equitable concept of family maintenance that can inform reconstructive thinking to the Indonesian legal reform. The findings show that the concept of family maintenance in European law reflects greater gender equality than that found in Indonesian law. In Indonesian law, the obligation to provide maintenance falls solely on the men, or husbands, while in European law, both spouses share equal responsibility for meeting household needs. This difference stems from the influence of Islamic law (which also places the obligation to provide for on husbands) and from the sociocultural context surrounding the Law No. 1 of 1974 on Marriage, which was enacted at a time when women did not yet possess equal legal and social status. Meanwhile, European countries adhere to the European Union's Human Rights Treaty, which adheres to the principle of equality and nondiscrimination. This gender inequality of family maintenance obligation in Indonesian law raises concerns, as women now have attained higher education, held professional positions, and earned substantial incomes, often exceeding those of their spouses. This situation has also contributed to an increase in divorce cases, as many women file for divorce due to economic reasons. Family maintenance is closely linked to marital property, as both relate to the financial and economic structure of the household. Indonesian marital property law also shares similarities with European law due to the influence of Dutch civil law. Understanding this concept of marital property should help balance the concept of maintenance to be equal for both spouses, because since after marriage, both spouses’ incomes become community property, unless otherwise stipulated in a marriage agreement. Therefore, this study contributes to ongoing discussions on family maintenance in Indonesian marriage law, which has remained largely unchanged since 1974 despite extensive social transformation.

Progressive Legal Reasoning in Contemporary Islamic Legal Reform: Negotiating the Maqāṣid and Hermeneutic Approaches

2025-12-13T23:52:55+07:00

This research aims to negotiate and integrate two schools of progressive legal thought in Islamic legal reform: the maqāṣid al-sharī‘ah-institutional model proposed by Asrorun Niam Sholeh, and the hermeneutic-individual model developed by Abdullah Saeed. Both emphasize the urgency of Islamic law's responsiveness to the dynamics of the times, but they depart from different epistemological frameworks. In addition, this research aims to identify the fundamental similarities and differences between the two, as well as their integration. This research employs a qualitative method, utilizing a literature review and critical discourse analysis of Asrorun's legal framework, as presented in his works and his influence on the Fatwa Commission of the Indonesian Ulema Council (MUI), as well as Saeed's academic works on contextual hermeneutics. The analysis reveals that Asrorun established a legal framework grounded in maqāṣid al-sharī‘ah through a collective institutional authority framework, emphasizing reform from within the MUI by recontextualizing the classical fiqh normative framework, while remaining open to social change. Meanwhile, Saeed promotes epistemological reform through a contextual hermeneutic approach that challenges traditional epistemological structures (literal authority over texts) and provides ample space for ethical rationality for universal ethical values in ijtihad. The integration of these two approaches yields an epistemological negotiation model that bridges institutional structures and hermeneutic interpretive dynamics in the context of Islamic legal renewal. The implications of this comparison reveal both tensions and opportunities for dialogue between the internal reform model (insider reform) and a more radical methodological transformation

From Classical Fiqh to Commercial Court: Reconciling Taflīs and Actio Pauliana in Indonesian Legal Practice

2025-08-05T15:38:49+07:00

The rapid expansion of Islamic finance in Indonesia has exposed a critical doctrinal rift between the secular, proceduralist national bankruptcy regime and the ethical-legal foundations of sharīʿah-compliant transactions. This study examines the applicability of the conventional actio pauliana doctrine—a cornerstone of creditor protection under Law No. 37 of 2004—to insolvencies governed by Islamic economic principles. Employing a normative-juridical methodology, the research conducts a critical comparative analysis of statutory provisions, Commercial Court jurisprudence, and classical Islamic legal texts, using Ibn Rushd’s (Averroes) doctrine of taflīs (insolvency) as its primary jurisprudential lens. The findings reveal a profound normative dissonance. The rigid, formalist application of actio pauliana systematically marginalizes substantive sharīʿah scrutiny, creates jurisdictional conflicts over the definition of insolvency, and sidelines specialized religious expertise. This failure of the formal system has consequently spurred the rise of unregulated digital and informal dispute resolution mechanisms, which, while adaptive, fragment legal certainty and undermine collective creditor protections. The article makes an original contribution by applying Ibn Rushd’s classical framework to this modern dilemma. It concludes by proposing a tripartite integrative model for legal harmonization, involving regulatory recognition of sharīʿah contracts, the establishment of specialized judicial panels, and the procedural integration of sharīʿah-based assessments into bankruptcy proceedings. These reforms are essential to align Indonesia’s legal infrastructure with its Islamic finance sector, ensuring substantive justice, restoring stakeholder confidence, and fostering sustainable growth.

Integration of Sufi Epistemology and Adherence to the Sharia: A Model for Mainstreaming the Moderation of Islamization at Madrasah Tarbiyah Islamiyah, Indonesia

2025-07-15T14:38:25+07:00

This study aims to examine the integration of Sufi epistemology and adherence to sharia as a model for mainstreaming Islamic moderation through educational institutions, specifically at Pondok Pesantren Madrasah Tarbiyah Islamiyah (MTI) Candung, West Sumatra, Indonesia. This is a descriptive qualitative study utilizing an intrinsic case study design. Data collection employed observations, documentation, and interviews. The findings indicate that the integration between Sufi epistemology and adherence to sharia was conducted through a staged curriculum involving the study of taṣawwuf texts, such as Akhlāq li al-Banīn, Murāqī al-‘Ubūdiyyah, Minhāj al-‘Ābidīn, and al-Ḥikam. These texts are integrated with compliance to sharia through the study of Shāfi‘iyyah fiqh literature. This integrative process is reinforced by a hidden curriculum consisting of strengthening worship practices, fostering social ethics, and promoting the synergy between religious teachings and local culture, which includes ziarah (pilgrimage to graves), khidmah al-mujtama‘ (community service), and participation in communal events. The key to successful integration lies in the application of the Sufi principle of al-iṣlāḥ (reform/reconciliation) to build an Islamic paradigm of tawāsuṭ (moderation) and tasāmuḥ (tolerance), which ultimately shapes the perspectives of students (santri) to be non-extremist, moderate, and respectful of local customs without compromising sharia standards. This research contributes an Islamic educational model focused on balancing spiritual depth (iḥsān) with ritual adherence (īmān and islām).

The Communal Veto Right: Reconstructing Shuf’ah to Counter Asset Grabbing

2025-03-11T17:32:56+07:00

This article critiques the insufficiency of the classical concept of shuf’ah, which is traditionally limited to immovable property (‘iqār) and formal partners (sharīk), in responding to the modern phenomenon of asset grabbing that threatens local economic sovereignty. The purpose of this research is to reconstruct shuf’ah from a private civil right into a public-transformative legal instrument capable of protecting collective interests. This study employs a normative-juridical approach using Fazlur Rahman's Double Movement theory to bridge classical jurisprudence with contemporary socio-economic challenges. The findings reveal that the foundational moral idea of shuf’ah is the principle of communal sovereignty and the elimination of systemic harm (structural ḍarar), as evidenced by a critical analysis of the hadith of jiwār and the maxim of al-aqrab fa al-aqrab. In conclusion, this research proposes the transformation of shuf’ah into a Communal Veto Right. This reconstructed framework extends the subject of rights to collective community entities and the object of rights to high-impact productive assets—such as natural resource concessions—within a resource sovereignty paradigm. This model offers a Sharia-based legal defense that provides a pragmatic pathway for institutionalizing community protection within national agrarian regulations to resist external exploitation.

Zakat Compliance Beyond Piety: Legal Attitudes, Normative Pressures, and Institutional Trust in a Muslim Society

2025-08-04T08:20:09+07:00

This research is based on the gap between the presence of Zakat Management Organizations (OPZ) in West Sumatra, Indonesia and the general public’s lack of interest in paying zakat through institutions established under statutory regulations. The study examines how legal attitudes, subjective norms, and legal perceptions influence the interest in and behavior of paying zakat through OPZ in the West Sumatra community. A quantitative approach was used in conducting this study by which the data were collected through questionnaires and documentation via SMARTPLS 3. The research population comprised all non-civil servant muzakki (zakat payer) in West Sumatra. The sample areas were determined using a cluster sampling technique, with samples taken from four designated areas. The sample size was determined using the Lemeshow formula. Data analysis techniques included descriptive analysis and mediation analysis. The results showed that legal attitudes did not affect interest in paying zakat through official institutions, while subjective norms influenced interest in paying zakat. Legal perceptions influenced interest in paying zakat and zakat behavior. Interest influenced behavior regarding paying zakat through official institutions.

Beyond Regulation: Rethinking Deepfake Pornography Prevention Through Digital Literacy

2025-07-09T19:44:18+07:00

The rapid advancement of digital technologies has generated new forms of visual manipulation, most notably deepfake pornography, which poses serious threats to individual privacy, dignity, and informational integrity. Within the framework of Islamic legal thought, such practices may be conceptualized as jarīmah fī al-maʿlūmāt (information-based crimes) that undermine fundamental ethical and legal protections. This study examines the role of digital literacy as a preventive mechanism against exposure to and dissemination of deepfake pornographic content among urban social media users, with a particular focus on young adults in Jakarta. It further investigates how legal awareness and moral reasoning mediate individuals’ critical engagement with manipulative digital content, and how deepfake technology is perceived and contested within Islamic legal norms emphasizing the protection of honor (ḥifẓ al-ʿird) and intellect (ḥifẓ al-ʿaql). Employing a quantitative research design, data were collected from 100 respondents using purposive sampling and measured across five dimensions of digital literacy. The data were analyzed using Partial Least Squares–Structural Equation Modeling (PLS-SEM) via SmartPLS. The findings demonstrate that visual, informational, social–emotional, and critical digital literacy significantly contribute to the prevention of deepfake pornography, with critical thinking emerging as the most influential factor. These results suggest that digital literacy functions not merely as a technical competence but as a normative and ethical safeguard against information-based crimes that violate human dignity. The study underscores the necessity of integrating ethical, legal, and faith-based digital literacy into broader regulatory and educational frameworks, advocating a collaborative approach involving state institutions, educational actors, and community leadership to address emerging digital harms in a culturally and normatively grounded manner.

Moral Agency under Legal Precarity: Islamic Ethical Resilience among Indonesian Muslim Women Migrant Workers in Taiwan

2025-12-25T05:40:40+07:00

Indonesian Muslim women constitute a major segment of the migrant domestic workforce in Taiwan, where secular labor regulations offer limited accommodation for workers’ moral and religious needs. Moving beyond dominant accounts that frame migrant women primarily as legally vulnerable subjects, this study examines how Indonesian Muslim women migrant workers actively negotiate Islamic ethical commitments—particularly marital fidelity—as forms of everyday moral agency under conditions of legal and social precarity. Based on qualitative in-depth interviews with six Indonesian Muslim women employed in Taiwan, the study employs an integrated analytical framework combining emotional geography and systemic functional linguistic transitivity analysis. This approach enables a detailed examination of how moral agency is spatially enacted across domestic, workplace, public, and digital environments, and how agency, responsibility, and self-discipline are linguistically constructed in participants’ narratives. The findings demonstrate that participants engage in diverse strategies, including spatial avoidance, religious dress practices, peer-based moral regulation, ritualized religious observance, and digital religious engagement. These practices function not as passive adherence to religious norms but as active, situationally negotiated forms of ethical resilience. The study’s primary contribution lies in conceptualizing Islamic ethical practice as a form of lived legal consciousness that operates alongside—and at times compensates for—the limitations of state law in transnational labor regimes. By foregrounding moral agency rather than victimhood, this study advances socio-legal debates on migrant precarity and offers a novel framework for understanding religion as an agentive resource within migration governance. Practically, it underscores the need for culturally and religiously responsive mechanisms in migrant protection policies beyond state-centric legal interventions.

Mudharabah Muqayyadah and Communal Intellectual Property Protection: A Sharia-Based Law and Economics Perspective

2025-12-16T10:10:47+07:00

Communal intellectual property (IP), encompassing traditional knowledge, cultural expressions, and geographically rooted innovations, plays a significant role in community-based economic development. However, existing IP governance and financing frameworks remain largely individualistic and market-oriented, making them inadequate for addressing the collective, culturally embedded, and long-term nature of communal intellectual assets. This article examines the potential of mudharabah muqayyadah (restricted profit-sharing) as a Sharia-based legal-economic model for financing and governing communal intellectual property in Indonesia. This study integrates doctrinal legal analysis, qualitative field data, and law and economics perspectives to explore the interaction among state IP law, community institutions, and Islamic finance principles. The findings reveal that local communities function as the primary creators, custodians, and governors of communal IP, yet remain structurally excluded from formal IP protection due to limited legal standing and institutional capacity. The study demonstrates that legally recognized community institutions are essential for translating social authority into enforceable legal rights and sustainable economic value. Furthermore, mudharabah muqayyadah operates not merely as a financing contract but as a governance mechanism that aligns economic incentives with collective ownership, distributive justice, and cultural preservation. By restricting the use of capital to specific purposes, this model reduces transaction costs, mitigates moral hazard, and enhances long-term sustainability. This article contributes to socio-legal and intellectual property scholarship by reframing communal IP financing as a governance challenge rather than a purely commercial endeavor. From a policy perspective, it offers an alternative, ethically grounded framework for inclusive and sustainable IP governance in developing and Muslim-majority jurisdictions

Fiqh al-Bīʾah and Restorative–Ecological Justice in Corporate Environmental Crimes

2025-12-30T14:05:35+07:00

Corporate environmental crimes constitute a serious challenge to environmental law enforcement as they cause extensive ecosystem degradation, undermine human rights, and threaten the sustainability of present and future generations. Despite the existence of various legal instruments, the effectiveness of current enforcement policies in addressing corporate environmental crimes remains questionable. This study aims to analyze the effectiveness of law enforcement against corporate environmental crimes in Indonesia, examine environmental crime enforcement practices in other countries, particularly Canada, and formulate an integrative environmental law enforcement model that combines a restorative justice approach with the principles of Fiqh al-Bīʾah to ensure environmental restoration and community protection. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The study shows that, first, corporate environmental law enforcement in Indonesia is ineffective due to weak legal provisions, institutional inconsistency, and a legal culture that underestimates environmental damage. Second, in Canada, restorative justice frameworks exist but are limited in practice, with British Columbia adopting a more progressive approach through the Community Environmental Justice Forum involving offenders, affected communities, and authorities in ecological restoration. Third, integrating Fiqh al-Bīʾah with restorative justice strengthens ecological justice by emphasizing environmental recovery, ecosystem rehabilitation, and fair compensation, enhancing corporate accountability within a sustainable restorative framework.