JURIS (Jurnal Ilmiah Syariah)

Reconstructing the Ṣāliḥah Wife: Gendered Exchange, Religious Authority, and Divorce among Working Muslim Women in Indonesia

Jumni Nelli — 2026-02-09

This study critically examines how dominant constructions of the ṣāliḥah (pious) wife, centered on obedience to the husband as a prerequisite for marital harmony, paradoxically generate gender injustice within contemporary Muslim families—particularly among working wives. Rather than producing harmony, such interpretations frequently result in discrimination, double burden, multiple forms of domestic violence, and marital dissolution. This condition underscores the urgency of reassessing the concept of marital obedience in light of contemporary social realities in which both husbands and wives participate in paid work and public life. Focusing on divorced working women, this descriptive qualitative study draws on in-depth interviews with eight female participants who experienced marital breakdown following prolonged structural inequality. The data were analyzed using Social Exchange Theory to examine the balance between costs and rewards within marital relationships. The findings demonstrate that marital instability emerges when wives continuously bear domestic, emotional, and economic responsibilities without reciprocal recognition, support, or shared accountability from their spouses. In such conditions, obedience is transformed from an ethical value into a mechanism of domination that legitimizes unequal power relations. This study argues that marital harmony cannot be sustained through unilateral obedience or rigid gender stereotypes, but instead requires reciprocal exchange, deliberation (musyāwarah), and cooperation between spouses across all domains of family life. These findings support the need to reinterpret marital obligations within Islamic family law and state marriage regulations toward a reciprocity-based framework that explicitly recognizes shared economic responsibility and protects working wives from structural discrimination.

The Transformation of Electronic Mediation: A Legal Innovation in the Sharia Economic Dispute Resolution

Moh. Hamzah — 2026-02-10

Mediation has gain traction as a tool of non-adversarial dispute resolution; it is more cost-efficient, time-saving, and feasible to extend access to justice. However tech-based mediation causes a more complex issues surrounding legal and ethical matters, particularly when applied to legal system based on normative and religious values, like sharia economy. This study aims to contribute theoretical and normative insights to electronic mediation (e-mediation) as a legal innovation for dispute resolution in sharia economy in the discourse of global law. This doctrinal law investigation used three approaches: legal approach, conceptual approach, and normative-comparative approach. The primary materials were laws and regulations and official documents concerning e-mediation and e-court, and data analysis was conducted with qualitative-normative legal analysis. The result showed that the transformation of conventional mediation to electronic mediation through the Supreme Court Regulation Number 3 of 2022 was a judiciary response to the challenges brough by digital disruption and the escalating sharia economy cases. Electronic mediation has expanded access to justice and offered efficient dispute resolution, particularly one involving business player and institutions. From the perspective of Islamic law, electronic mediation is legitimized by the principles of maqāṣid al-sharī‘ah, especially justice (ʿadālah), protection of property (ḥifẓ al-māl), volunteerism, peace, and public interests (maṣlaḥah), creating a normative and substantial alignment.

Modern Platforms for Timeless Principles: Sharia-Based ‘Aurah Norms on TikTok

Salinayanti Salim — 2026-02-10

Research on digital Islam examines how Muslim women navigate modesty norms, yet less attention is given to the preachers who produce online moral regulation. This study addresses that gap by analysing how preachers on Tiktok discursively reconstruct ‘aurah and how religious authority is reshaped into a form of informal digital hisbah (moral enforcement). Using the Discourse-Historical Approach (DHA), the study examined 39 short-form videos from Malaysian and Indonesian preachers, focusing on nomination, predication, argumentation, perspectivisation, and intensification/mitigation to reveal how linguistic choices interact with TikTok’salgorithmic environment to construct gendered socio-legal expectations. The findings show that TikTok is not only a medium for preaching but a site of “algorithmic moral regulation,” where preachers portray women as “moral risks” and men as responsible guardians. Argumentation relies on authority and threat-based reasoning, including eschatological quantification that reframes modesty as a communal burden. A key insight is the “paradox of affective authority,” where strict, fear-oriented warnings are softened with pastoral tones to maintain attention and engagement. The study contributes to digital religion scholarship by theorising TikTok as a mechanism of digital hisbah that re-entrenches patriarchal authority and compresses complex jurisprudence into simplified, fear-driven moral governance.

From Stewardship to Sustainability: A Comparative Analysis of Islamic Ecological Jurisprudence and Western Anthropocentric Regimes

Aftab Haider — 2026-02-21

The escalating global environmental crisis, exemplified by climate-induced displacement and systemic economic loss, necessitates an urgent critical re-evaluation of the ethical foundations of contemporary environmental policy. This study investigates the comparative efficiency of Islamic ecological jurisprudence and Western anthropocentric regimes, evaluating whether a synthesis of these paradigms can enhance global sustainability. To address methodological concerns, the research utilizes a mixed-methods design. The qualitative component employs a thematic content analysis of 675 Qur’anic verses, identified across 84 chapters, which were coded into practical mandates for water conservation, waste reduction, and sustainable resource management. These findings are framed by the theoretical principles of Tawheed (divine unity) and Khalifah (stewardship). The quantitative phase employs descriptive statistics to analyze the growth of Islamic green finance as a practical enforcement mechanism for environmental stewardship. Our analysis demonstrates a significant capital trajectory, with Islamic finance assets rising from $1.2 trillion in 2010 to $3.8 trillion in 2023. Through regional case studies, we examine specific mechanisms such as the implementation of environmental fatwas in Indonesia and Malaysia’s leadership in the Green Sukuk market, contrasting these with the decline of traditional hima protected zones in Saudi Arabia, from over 3,000 in the 1960s to fewer than 12 today. The study reveals that while Islamic principles offer a strong ecocentric alternative to the instrumentalist limitations of Western anthropocentrism, their practical application is often impeded by political and economic prioritization. This article contributes a novel hybrid framework that integrates the moral stewardship of Islamic jurisprudence with the market-driven regulatory mechanisms of Western legal systems to create a legally enforceable sustainability model.