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.

From Hybrid Contracts to Waqf–Musyārakah-Based Takaful: A Maqāṣid al-Syarī‘ah Comparative Legal Analysis of Indonesia and Malaysia

Istianah Zainal Asyiqin — 2026-03-31

Islamic insurance is founded on the principles of mutual assistance, justice, and collective protection, yet its practice in Indonesia remains predominantly structured through hybrid contracts such as tabarru‘, wakālah, and muḍārabah. Although these contracts are formally recognized in takaful practice, they are not necessarily optimal in realizing the objectives of maqāṣid al-syarī‘ah, particularly wealth protection, distributive justice, social solidarity, and public welfare. The study analyzed the legal frameworks of takaful in Indonesia and Malaysia and formulated a normative reconstruction of a waqf-musyārakah-based takaful model for Indonesia. The study employed normative legal research, drawing on statutory, conceptual, and comparative approaches, with maqāṣid al-syarī‘ah as the main analytical framework. Despite that, Indonesia’s hybrid model remains formally valid, while takafulis still placed within a commercially managed structure in which the social function of takaful ijtimā‘ī is not yet fully institutionalized. Malaysia, by contrast, offers comparative lessons through a more integrated governance framework and stronger participant-oriented regulation. The article argues that a waqf-musyārakah-based model provides a more maqāṣid-oriented direction for reform by strengthening the social foundation of participant protection and promoting a more participatory governance structure, provided that it is supported by clearer regulation and stronger institutional safeguards.

Fiqh Hybridity in a Pluralistic Society: The Case of the Saprahan Tradition in Pontianak, Indonesia

Hijrian Angga Prihantoro — 2026-04-02

In contemporary Islamic socio-legal scholarship, a central issue concerns the functioning of Islamic jurisprudence within culturally diverse societies, where indigenous traditions and religious norms are in continual interaction. This study examines the Saprahancommunal dining tradition as a socio-legal site wherein Islamic norms and local cultural practices are negotiated within the multiethnic and multireligious context of Pontianak, West Kalimantan, Indonesia. The research frames Saprahan through the theoretical lenses of hybridity and coexistence fiqh (fiqh al-ta’āyush), highlighting its dynamic role in facilitating interethnic dialogue and fostering interfaith social cohesion. Employing a qualitative socio-legal case study approach—including ethnographic observation, in-depth interviews, and documentary analysis—the findings reveal that Saprahan operates as a ritualized social practice structuring interaction among diverse ethnic communities through shared dining arrangements that emphasize equality, reciprocity, and collective participation. These practices enable the negotiation of Islamic norms alongside local cultural values, resulting in what this study terms fiqh hybridity: a dynamic socio-legal process through which Islamic normative principles and customary traditions are mutually adapted within quotidian social interactions. By situating Saprahan within contemporary debates in Islamic socio-legal studies, this research demonstrates how local traditions serve as practical arenas for the interpretation and hybridization of Islamic norms in pluralistic social environments.

Justice at the Margins: Negotiating Criminal Liability within Legal Pluralism among the Suku Anak Dalam Indigenous Community in Indonesia

Ruslan Abdul Gani — 2026-04-08

Criminal liability for murder in Indonesia is complex when perpetrators originate from indigenous communities that maintain customary legal systems. In this context, differences between the national Criminal Code (KUHP), Islamic criminal law, and indigenous norms create challenges in defining responsibility and determining appropriate punishment. A case including the Anak Dalam (Suku Anak Dalam/SAD) community in Jambi shows how marginalized groups often exist outside formal legal frameworks, leading to legal uncertainty. Previous studies tend to examine legal doctrine or indigenous culture separately, leaving limited analysis concerning the interaction of the systems. The gap reports the need for an integrated method to criminal accountability that accommodates legal pluralism. Therefore, this study used a descriptive qualitative method combined with normative legal research. Data were collected through document analysis of primary and secondary legal sources, including statutory regulations, the Criminal Code, Qur’anic principles, and relevant scholarly literature. NVivo 12 Plus software was used to conduct qualitative coding, cluster analysis, and word frequency mapping to identify key sub-factors. The results showed that criminal responsibility in cases comprising the Suku Anak Dalam (SAD) reflects the operation of legal pluralism. Formal law enforcement is limited through structural and socio-cultural barriers, namely language differences, internal solidarity, testimonial reluctance, evidentiary limitations, customary norms, and semi-nomadic residence patterns. Beyond procedural constraints, criminal accountability was shaped by the interaction between state criminal, Islamic criminal, and indigenous customary law. Each system offered distinct concepts of justice, sanction, and responsibility. These normative frameworks intersected and negotiated outcomes, producing differentiated enforcement patterns within a plural legal environment.

Re-evaluation of Judges’ Conditions for Disabilities: A Comparative Study of Islamic Jurisprudence and the Convention on the Rights of Persons with Disabilities

Amin Mujahid bin Hurbi — 2026-04-13

Contemporary judicial systems increasingly recognize disability inclusion as a matter of equal access to justice, yet classical Islamic jurisprudence is often perceived as conditioning judicial office on bodily integrity. This article re-evaluates the eligibility of persons with physical disabilities, particularly blindness, to serve as judges by comparing classical fiqh positions across the four madhāhib with Saudi judicial practice under Nizām al-Qaḍā’ and the Convention on the Rights of Persons with Disabilities (CRPD). Employing library-based legal research with a normative, comparative, and maqāṣid-oriented analysis, the study examines authoritative juristic texts, Saudi judicial regulations, and core CRPD provisions on legal capacity and access to justice. The findings demonstrate a cross-system consensus that mental competence (salāmah al-ʿaql) and moral integrity (al-adālah) constitute the fundamental requirements for judicial office, whereas physical conditions function as instrumental requirements (wasīlah) subject to institutional accommodation. Saudi precedents, most notably the appointments of blind judges such as Ibn Bāz and Ibn Ḥumayd, demonstrate compatibility in law in action between Islamic legal reasoning and inclusive judicial standards. The article contributes by articulating a maqāṣid-based reconciliation between fiqh and disability rights norms and proposes an implementable framework for inclusive judicial recruitment through functional capacity assessment and reasonable accommodation.