JISRAH: Jurnal Integrasi Ilmu Syariah

Statutory Governance and Regulatory Compliance in Islamic Social Finance: A Legal Review of Zakat-Funded Care Centres in Malaysia

Muhsin Nor Paizin — Fri, 14 Aug 2026 00:00:00 +0700

The rapid demographic transition towards an aging nation in Malaysia has significantly strained conventional social safety nets, forcing Islamic social finance institutions to pivot from direct cash aid to institutionalized, long-term care provisions. However, this shift introduces a dual-compliance challenge: satisfying institutional Shariah mandates while strictly adhering to rigorous civil regulations. This study examines how zakat-funded care Centres navigate statutory governance. The central research question addresses how these facilities harmonise state-level Islamic administrative law with federal legislation, primary among which is the Care Centres Act 1993 (Act 506). Employing a qualitative library research methodology, this paper systematically evaluates statutory documents and institutional case reviews of model facilities, including Bait Al-Mawaddah (in Selangor) and Darul Ilmi (in Kuala Lumpur). The findings indicate that strict compliance with civil regulatory frameworks, encompassing registration, fire safety, and clinical health guidelines, does not contradict Shariah principles. Instead, it substantively operationalises the higher objectives of Islamic law (Maqasid al-Shariah), specifically the preservation of life (hifz al-nafs) and human dignity (hifz al-‘ird). The study concludes that statutory compliance is vital for institutional legitimacy and recommends the formulation of a standardized national blueprint for zakat-based care Centres.

Awareness of the Philippine Shari'ah Court System Among Muslim University Students in BARMM

Rasul Gulo, Shahida Lintang, Shyrish Abubakar, Norhuda Esmail — Sun, 16 Aug 2026 00:00:00 +0700

This study examined the awareness of the Philippine Shari'ah Court System among Muslim university students in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). Using a descriptive quantitative research design, data were collected from 100 Muslim undergraduate students enrolled in selected academic programs at Mindanao State University–Maguindanao. The study assessed students' awareness in terms of legal basis, scope of jurisdiction, and court administration, as well as their sources of information, misconceptions, and preferred educational interventions. Findings revealed that respondents were generally aware of the Philippine Shari'ah Court System, particularly regarding its legal recognition and jurisdiction over marriage, divorce, and inheritance cases. However, gaps in knowledge were observed concerning the legal foundations, administrative procedures, and operational functions of Shari'ah Courts. Several misconceptions also persisted, particularly regarding criminal jurisdiction and the role of Shari'ah Courts within the Philippine judicial system. The study highlights the need for enhanced legal education and awareness programs to strengthen students' understanding of the Shari'ah justice system in BARMM

The Childfree Phenomenon among Muslim Couples: An Analysis from Yusuf al-Qaradawi's Perspective and Maqāṣid al-Sharī'ah

Fiola Ella Rahmah, Rezki Suci Qamaria, Mohammad Fikri Alan — Sun, 16 Aug 2026 00:00:00 +0700

This study examines the phenomenon of Muslim couples choosing to remain childfree in Joho Village, Semen District, Kediri Regency, from the perspectives of Yusuf al-Qaradawi and Maqāṣid al-Sharī'ah. This phenomenon is significant to explore because Islam regards offspring as one of the primary objectives of marriage, closely related to the concept of ḥifẓ al-nasl (the preservation of lineage). The study aims to identify the background factors behind childfree decisions and to analyze Yusuf al-Qaradawi's and Maqāṣid al-Sharī'ah's perspectives on this practice. This research employs an empirical method using a case study approach. Data were collected through interviews with two childfree Muslim couples, observation, and literature review. The data were analyzed descriptively and analytically to understand the phenomenon occurring within society. The findings reveal that the decision to remain childfree is influenced by economic considerations, mental readiness, health conditions, and mutual agreement between husband and wife. Yusuf al-Qaradawi considers having children an important objective of marriage, although not an absolute obligation. Decisions regarding having children may consider aspects of maṣlaḥah (public benefit), including economic conditions, health, and the couple's readiness. From the perspective of Maqāṣid al-Sharī'ah, the childfree decision among couples in Joho Village reflects efforts to preserve well-being and avoid harm. Although offspring remain important within the principle of ḥifẓ al-nasl, the practice of childfree can be understood as a form of ijtihād that remains within the framework of Islamic law because it is based on considerations of benefit and the couples' actual circumstances.

The Principle of Satr al-'Awrah in Proving Jarīmah Zinā

Islamul Haq, Abdul Syatar — Sun, 16 Aug 2026 00:00:00 +0700

The advancement of digital technology has introduced new forms of evidence in judicial systems, including in the adjudication of private criminal offenses such as jarīmah zinā. Within the framework of positive law, digital evidence — such as video recordings, photographs, and electronic communications — is often regarded as carrying significant probative weight. However, from the perspective of Islamic criminal law, the proof of zinā is governed by exceedingly strict standards, requiring either the testimony of four upright male witnesses or a voluntary confession by the perpetrator, both of which fundamentally reflect Sharia's commitment to protecting individual honor and dignity. The principle of satr al-'awrah, as a foundational value in Islam, underscores the obligation to conceal moral failings and safeguard privacy, thereby opening space for critical scrutiny of digital evidence that may instead expose and disseminate a person's private shame. This study aims to analyze the legality and relevance of digital evidence in proving jarīmah zinā by positioning the principle of satr al-'awrah as the primary normative framework. The method employed is normative legal research utilizing a conceptual approach and a maqāṣid al-sharī'ah approach. The findings indicate that digital evidence cannot be equated with the evidentiary instruments established in classical Islamic jurisprudence, as it neither meets the rigorous standards of proof nor complies with the principle of protecting human dignity. Consequently, the use of digital evidence in zinā cases must be strictly curtailed — and should generally be excluded in the determination of ḥudūd punishments — and may only be considered with extreme caution in the context of ta'zīr, while consistently upholding the principles of precaution (iḥtiyāṭ) and the protection of human dignity. This study affirms that in confronting the challenges posed by technological advancement, Islamic criminal law is not solely oriented toward formal adjudication, but is equally committed to preserving ethical values and the objectives of Sharia, particularly the protection of honor (ḥifẓ al-'irḍ). Accordingly, the principle of satr al-'awrah must remain the foundational basis in responding to the challenges of digitalizing legal evidentiary processes.

The Implementation of Diversion for Juvenile Offenders in Indonesia on Fiqh Jinayah Perspective

Dicha Fadilla Fadilla, Asep Saepullah — Wed, 19 Aug 2026 00:00:00 +0700

This study examines the implementation of diversion for juvenile offenders from
the perspective of fiqh jināyah. Diversion is a mechanism for resolving juvenile
criminal cases by transferring the settlement process from the formal criminal justice
system to alternative processes outside the court system. The increasing number of children
involved in criminal offenses necessitates special attention regarding their criminal
responsibility. This research employed a qualitative method with a sociological approach.
Data were collected through interviews with law enforcement officers and social institutions,
as well as through the examination of legal documents and relevant scholarly articles. The
findings indicate that the implementation of diversion is consistent with the concept of
criminal responsibility for children in fiqh jināyah. However, its implementation has not
yet been optimal. This is reflected in the relatively low rate of case resolution through
diversion mechanisms. The limited effectiveness of diversion is influenced by several factors,
including the low level of public understanding, the unequal availability of facilities and
infrastructure such as LPKA, LPKS, and Rehabilitation Centers, as well as the
insufficient understanding of diversion among law enforcement officials. Therefore,
comprehensive evaluation and public education across various sectors are necessary to
enhance understanding and improve the success rate of diversion implementation.

The Family Maintenance Justice in Dual-Career Families: A Maqāṣid al-Sharīʿah Perspective

Fadhliah Mubakkirah, Fatmawati, Kurniati — Wed, 19 Aug 2026 00:00:00 +0700

This article discusses the reconstruction of the concept of fairness in family financial support (nafkah) within dual-career families from the perspective of maqāṣid al-syarī‘ah. The phenomenon of dual-career families reflects changes in the economic structure of modern Muslim households, which are no longer solely dependent on husbands as the primary breadwinners. However, classical Islamic jurisprudence (fiqh) and Indonesian national law still tend to position financial support as the husband’s primary obligation. This study employs normative legal research using conceptual and maqāṣid al-syarī‘ah approaches. Data were collected through library research involving the Qur’an, Hadith, statutory regulations, classical fiqh literature, and contemporary scholarly works. The findings reveal that classical concepts of financial support and national legal frameworks remain relevant as foundations for family economic protection but require contextual reinterpretation to align with the realities of dual-career families. From the perspective of maqāṣid al-syarī‘ah, fairness in financial support is reconstructed as a proportional distribution of economic, domestic, and social responsibilities based on the principles of maṣlaḥah (public welfare), ta‘āwun (mutual assistance), mubādalah (reciprocity), and mu‘āsyarah bi al-ma‘rūf (harmonious and proper conduct). This study offers a paradigm of fairness in financial support based on a family partnership model (partnership family) within contemporary Islamic family law.

Child Protection In Homecare and Child Care Services Without Permit

Ayu Puspita Sari, Nazaratun Wahdah — Wed, 19 Aug 2026 00:00:00 +0700

This research analyzes the practice of homecare services and childcare centers (TPA) operating without official permits from the perspective of Islamic economic law. Using a normative juridical approach that combines normative analysis of fiqh muamalah with library research on relevant legislation and legal literature, this research finds that: first, the contract (akad) of illegal childcare services contains significant elements of gharar (uncertainty) in terms of service quality, caregiver qualifications, and accountability mechanisms, making it problematic under sharia economic law principles; second, the absence of the state as regulator constitutes a neglect of the hisbah (market supervision) function required by sharia; third, maslahah analysis shows that the mafsadat caused by illegal childcare services far exceeds its economic benefits; and fourth, existing sharia consumer protection mechanisms do not yet explicitly cover childcare services. This research recommends the development of childcare service contract standards based on Islamic economic law principles and integrated into the national regulatory system.

Keywords: Sharia Economic Law; Ijarah Contract; Gharar; Maslahah; Hisbah; Childcare Center; Sharia Consumer Protection

Penelitian ini menganalisis praktik layanan homecare dan tempat penitipan anak (TPA) yang beroperasi tanpa izin resmi dari perspektif hukum ekonomi syariah. Menggunakan pendekatan yuridis normatif yang memadukan analisis normatif fiqh muamalah dengan kajian kepustakaan terhadap peraturan perundang-undangan yang berlaku, penelitian ini menemukan bahwa: pertama, akad layanan penitipan anak ilegal mengandung unsur gharar (ketidakjelasan) yang signifikan dalam aspek kualitas layanan, kualifikasi pengasuh, dan mekanisme pertanggungjawaban, sehingga bermasalah menurut prinsip-prinsip hukum ekonomi syariah; kedua, ketidakhadiran negara sebagai regulator merupakan kelalaian terhadap fungsi hisbah (pengawasan pasar) yang diwajibkan oleh syariah; ketiga, analisis maslahah menunjukkan bahwa mafsadat yang diakibatkan oleh layanan penitipan anak ilegal jauh melebihi manfaat ekonomisnya; dan keempat, mekanisme perlindungan konsumen syariah yang ada belum secara eksplisit mencakup layanan penitipan anak. Penelitian ini merekomendasikan pengembangan standar akad layanan penitipan anak yang berbasis prinsip-prinsip hukum ekonomi syariah dan diintegrasikan ke dalam sistem regulasi nasional.

Kata Kunci: Hukum Ekonomi Syariah; Akad Ijarah; Gharar; Maslahah; Hisbah; Tempat Penitipan Anak; Perlindungan Konsumen Syariah

Digital Surveillance and Family Privacy

Fajariah, Yusna Zaidah, Muhammad Iqbal Yanuar — Fri, 21 Aug 2026 00:00:00 +0700

The digital era has transformed the dynamics of family relationships through the increasing use of digital technologies to monitor family members, including location tracking, access to private messages, and the surveillance of social media activities. These practices create a dilemma between the need to protect and ensure the safety of family members and the obligation to respect individual privacy and autonomy. This article aims to examine the ethical and legal boundaries of digital surveillance within the household from the perspectives of Islamic law and human rights. This study employs normative legal research using conceptual, statutory, and comparative approaches. Data were collected through a literature review of Islamic legal sources, human rights instruments, relevant legislation, and scholarly works. The findings demonstrate that digital surveillance within the household should not be regarded as either absolutely permissible or entirely prohibited. From the perspective of Islamic law, surveillance may be justified when it serves the public interest (maslahah), protects family members, and prevents harm, provided that it is conducted proportionately and does not violate human dignity and honor. From a human rights perspective, however, the rights to privacy, freedom of communication, and personal integrity must remain protected, including within the family sphere. This study proposes a balanced framework for reconciling family protection and privacy rights by positioning the principles of maslahah, proportionality, necessity, and respect for individual autonomy as the fundamental limits of digital surveillance within the household.

Wives’ Property Rights in Muslim Family Law

Rahmad Hidayad, Elimartati — Mon, 24 Aug 2026 00:00:00 +0700

This study analyzes the legal status of property acquired by a wife during marriage (harta pencarian istri) from the perspective of Islamic family law, with a comparative focus on Indonesia, Egypt, Morocco, Saudi Arabia, and Malaysia. Using a normative-juridical method with a comparative-qualitative approach, this study examines primary legal sources the Qur’an, Hadith, Indonesia’s Marriage Law and Compilation of Islamic Law (KHI), Egypt’s Personal Status Law, Morocco’s Moudawana (Family Code) of 2004, Saudi Arabia’s 2022 Personal Status Law, and Malaysia’s Islamic Family Law Act 1984 together with secondary academic literature. The findings show that classical Islamic family law uniformly recognizes a wife’s independent ownership of property she earns through work, business, or profession, a principle rooted in QS. An-Nisa verse 32 and shared across all five jurisdictions. However, the degree of codification diverges: Indonesia and Malaysia recognize a statutory concept of jointly acquired marital property (harta bersama/harta sepencarian), while Egypt and Saudi Arabia retain separation of property as the governing default with no comparable joint-property doctrine. Morocco occupies a middle position, applying separation of property by default under Article 49 of the Moudawana while allowing spouses to contractually agree on joint asset management. Across all jurisdictions, the husband’s duty of maintenance (nafkah/nafaqa) remains undiminished by a wife’s income. This comparative mapping offers a more complete framework for understanding the legal protection of women’s economic rights within Muslim family law and its relevance to ongoing legal reform in Indonesia.

Negotiating Marital Harmony in Cross-Social-Status Marriages: A Maqāṣid al-Sharīʿah Perspective

Isniyatin Faizah, Ja'far Shodiq, Nazila Nur Unnaja — Tue, 25 Aug 2026 00:00:00 +0700

Differences in social status have become one of the dynamics in contemporary marriages due to increasing social mobility, educational advancement, and changing patterns of partner selection. Such differences are frequently assumed to influence marital harmony because they may generate disparities in values, lifestyles, communication, and family expectations. This study aims to analyze the concept of marital harmony in marriages involving different social statuses from the perspective of maqāṣid al-sharī'ah and to reconstruct the concept of kafā'ah within the context of contemporary Islamic family law. This research employed normative legal research using a qualitative approach with conceptual and analytical methods. The data were obtained through library research based on primary, secondary, and tertiary legal materials and were analyzed descriptively using content analysis. The findings demonstrate that marital harmony is not determined by equality of social status but by the spouses' ability to realize the objectives of maqāṣid al-sharī'ah, namely the protection of religion, life, intellect, lineage, and property. Accordingly, the concept of kafā'ah should be reconstructed from a status-oriented paradigm into a maslahah-oriented paradigm that emphasizes religious commitment, moral integrity, mutual responsibility, effective communication, and shared family welfare as the primary indicators of compatibility.

Digital Divorce Arising from Social Media Infidelity

Rasdiana Wirhanuddin — Wed, 26 Aug 2026 00:00:00 +0700

Abstract: The growing use of social media has given rise to a new pattern of marital conflict known as digital divorce, namely divorce triggered by infidelity conducted through virtual communication without physical contact. This phenomenon has not yet been accommodated within the classical formulations of the concepts of nusyūz and shiqāq in Islamic family law. This study aims to analyse how digital infidelity has altered patterns of marital conflict and to reconstruct the concepts of nusyūz and shiqāq through the perspective of Maqāṣid al-Sharīʿah so that they remain relevant to digital society. This study employs a normative-qualitative method with a library research design, drawing on the Qur'an, hadith, classical and contemporary fiqh literature, Indonesian marriage legislation, and prior research, which are analysed descriptively-analytically using a maqāṣid approach. The findings indicate that digital infidelity encompassing emotional relationships conducted through private messages, sexting, and concealed virtual relations constitutes a substantial violation of marital commitment that may be categorised as a contemporary form of nusyūz, while the jealousy, excessive surveillance, and communication breakdown that it generates reflect an expanded meaning of shiqāq. Maqāṣid al-Sharīʿah, particularly ḥifẓ al-nasl and ḥifẓ al-ʿirḍ, provides a normative foundation for this reconstruction, extending family protection from the biological dimension towards trust, honour, and emotional security.