Mazahib

Legal Integrity in Contemporary Fiqh: An Analysis of Scholars’ Responses to Modern Fashion Issues in Indonesia

Harisah Harisah — 2026-06-30

The phenomenon of modern fashion development in Indonesia, particularly in the context of Muslim and Muslimah clothing, has brought about various changes in the social, cultural, and Islamic legal (fiqh) spheres, particularly regarding differing interpretations of the definition of the aurat, principles of modesty, and the use of religious symbols in the fashion industry for commercial purposes. This article examines how Islamic legal integrity is upheld by scholars in their responses to modern fashion trends through a contemporary fiqh approach. By examining fatwas and views from authoritative institutions such as the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), and Muhammadiyah, this study highlights the debate surrounding the limits of aurat, the principle of modesty, and the commercialization of religious symbols in the fashion industry. It was found that most scholars strive to balance Sharia values with the cultural and economic expression needs of urban Muslim communities. However, challenges arise regarding the consistency of interpretation and social accountability for the issued fatwas, especially in light of the realities of social media, the creative industry, and global market dynamics. This study recommends the importance of dialogue between scholars, fashion industry players, academics, and the wider community as a strategic step to maintain legal integrity in the face of changing times. With a collaborative approach, Islamic law arguably remains relevant, is responsive, and capable of providing solid ethical guidance amid the rapid flow of modernity.

Islamic Law and State Confiscation of Illegitimately Acquired Wealth: A Case Study on the Ibadi Concept of Taghrīq

Mahmood Said Al Awaidi — 2026-06-23

This paper examines both the concept and application of taghrīq (state confiscation of illegitimately acquired wealth) in Ibadi Islamic jurisprudence, addressing a gap in scholarship on Islamic public financial law. It situates the concept within Islam’s prohibition of unlawful enrichment and explores how justice may be restored when restitution to rightful owners is impossible. The study reveals that taghrīq is a distinct Ibadi legal mechanism for addressing structural economic injustice, especially under illegitimate or oppressive rule. Methodologically, it combines doctrinal analysis of Ibadi legal texts with historical case studies from Oman, clarifying key concepts such as ghaṣb, Bayt al-māl, and jabbār, and examining precedents from early Islamic governance. It also outlines the legal conditions and scholarly debates governing taghrīq. The findings indicate that taghrīq is a regulated judicial tool applied when injustice is proven, ownership cannot be determined, and scholarly authorization is obtained. Historically, it enabled redistribution of illicit wealth for public welfare, forming a sophisticated Ibadi framework for financial accountability.

Bridging the Paradigm of Restorative Justice: Between Secular Philosophy and Islamic Principles

Majed N Alshaibani — 2026-06-22

This study addresses how Secular and Islamic principles regulate and operationalize Restorative Justice (RJ) within their respective frameworks. Restorative justice has evolved significantly, influenced by diverse cultural and legal contexts, particularly in indigenous practices that prioritize healing and reconciliation. It evolved from traditional practices emphasizing dialogue and community involvement in resolving conflicts. The study used a comparative legal analysis of the two systems. While restorative justice principles have been formalized in modern legal systems as an alternative to punitive justice, their application varies across Western and Oriental legal frameworks. In Oriental cultures, including Arab and Islamic societies, restorative justice practices involve Shari'ah principles such as Qiṣāṣ, Diyya, and Ṣulḥ that promote dialogue, compensation, and community involvement, and offer rehabilitation rather than punitive action. The study, which used a systematic mapping, revealed that while the secular model relies on state-centric and legal-positivist structures, the Islamic model relies on victim-centric solutions that operate under the administrative patronage of provincial bodies. The study identified that while both systems achieve functional equivalence in conflict resolution, they remain fundamentally distinct in their regulatory infrastructure and their core jurisprudential conceptualization of whether the state or the individual 'owns' the legal conflict.

The Islamic Judiciary between Inheritance and Merit: A Historical Analysis of Egypt and the Levant (6–9 AH/12–15 AD)

Riad Salim Awad — 2026-06-22

This study presents a critical historical analysis of the judicial institution in Egypt and the Levant during the period under examination. It seeks to derive insights relevant to contemporary judicial challenges. By tracing the evolution of the judiciary from the centralized Abbasid model to the doctrinal pluralism of the Mamluk era, the study demonstrates how judges appointed by political authorities maintained relative independence despite political pressure. Judges employed various mechanisms of resistance, including adherence to Sharia principles, resignation in protest, and reliance on public support. The study concludes that the effectiveness of the judicial system depended on a balance between three elements: judicial independence, societal oversight, and flexibility in managing doctrinal pluralism. It further argues that doctrinal pluralism, when regulated within a unified legal framework, can promote unity rather than division. Methodologically, the study relies on critical analysis of historical narratives through descriptive, comparative, and case-study approaches, enabling historical experiences to be linked to contemporary issues such as transparency and anti-corruption efforts. The study also identifies the positive and negative implications of hereditary judicial appointments.

The Effectiveness of Law Enforcement Volunteers in Prosecuting Sharia Violations: A Study of the Role of Muḥtasib and Pageu Gampong in Banda Aceh

Mizaj Iskandar Usman — 2026-06-22

This study aims to explain the roles of the muḥtasib and pageu gampong in enforcing sharia law in Banda Aceh, as well as their respective effectiveness. The study is important because the extensive area covered by sharia law enforcement creates gaps in supervision and enforcement that formal authorities have not yet fully addressed. The research questions focus on the similarities and differences in the authority of these two institutions, and the factors that influence their effectiveness. The study employs a qualitative legal-sociological approach by analyzing institutional practices at the gampong level. The results suggest that muḥtasib and pageu gampong have similar roles involving monitoring, admonishing, and reporting violations of sharia law. However, muḥtasib is limited to these three functions, whereas the pageu gampong also has the authority to resolve customary disputes, particularly minor criminal and civil cases. Pageu gampong is more effective in terms of performance because it stems from the community's collective consciousness, is self-reliant and voluntary, and has a broader membership. Nevertheless, it is not yet widespread, with only twelve villages in Banda Aceh currently having an active pageu gampong.

Islamic Philanthropy Transformation: Redefining Asnāf Zakat to Strengthen Family Resilience

Gandhung Fajar Panjalu — 2026-06-22

The traditional distribution of zakat, which focuses on individual charitable aid to the eight categories of recipients (asnāf), is increasingly seen as less effective at addressing the multidimensional vulnerabilities of modern Muslim families. This socio-legal research underscores the necessity of repositioning zakat from a predominantly consumptive tool into a transformative mechanism for strengthening family resilience. Using Froma Walsh’s Family Resilience Theory as an analytical lens, this study examines the strategic redefinition of the eight asnāf. The research employs a socio-legal approach, combining normative legal analysis of fiqh texts with an examination of contemporary zakat policies and practices to develop an integrative analytical framework. The findings indicate that redefining the asnāf enables zakat distribution to move beyond consumptive assistance toward a more integrated and preventive approach that supports multiple dimensions of family resilience, including economic stability, relational cohesion, and value reinforcement. This study proposes a family-centered zakat distribution framework, in which zakat not only fulfills basic needs but also actively strengthens systemic resilience, in line with the maqāṣid al-sharī‘ah, particularly the protection of progeny (ḥifẓ al-nasl) and wealth (ḥifẓ al-māl).

Terminological Engineering in International Law: Sexuality and the Epistemological Challenge to Islamic Ethical Law

Abdelhak Djebbar — 2026-06-22

This study investigates how international institutions, particularly United Nations bodies, engage in terminological engineering that reshapes global moral and legal discourse. It argues that terms related to gender, sexuality, and human identity are not linguistically neutral but serve as instruments of Western ideological hegemony. Through the analysis of international instruments such as CEDAW, the Beijing Platform for Action, and the Yogyakarta Principles, the paper demonstrates how linguistic normalization embeds secular-liberal assumptions within international law. Drawing upon the Islamic intellectual tradition, especially the concepts of fiṭrah (innate disposition) and iṣṭilāḥ (ethical terminology), the study contrasts secular and sacred epistemologies of law and language. It concludes that the global diffusion of these terminologies constitutes not merely a legal process but an epistemological transformation that redefines human ontology, undermines ethical pluralism, and challenges the moral sovereignty of Islamic jurisprudence.

Gender and Islamic Inheritance Law: Reassessing Qur’anic Interpretations of Women’s Inheritance Rights

Fatima Essop — 2026-06-22

This article challenges dominant interpretations of Islamic inheritance law by advancing alternative readings of Qur’anic texts that produce more equitable outcomes for female heirs. Although gender justice in Islamic marriage and divorce law has received extensive scholarly attention, inheritance law (mirāth) remains comparatively underexamined, partly because it is widely perceived as immutable. This study demonstrates that inheritance rulings have historically been subject to scholarly disagreement and ijtihād since the era of the Prophet’s Companions, including in the two decisions of ʿUmar (al-ʿUmariyyatān). The article traces three stages in the development of Islamic inheritance law: the initial bequest system, the introduction of fixed Qur’anic inheritance shares, and later restrictions on bequests. It critically examines whether the bequest verses (Q2:180–182) and the widow verse (Q2:240) were abrogated by later inheritance verses. Drawing on the minority yet jurisprudentially rigorous views of Abū Muslim al-Iṣfahānī and Fakhr al-Dīn al-Rāzī, the article argues against abrogation and contends that the hadith “no bequest to an heir” lacks sufficient authority to override Qur’anic provisions. It further argues that alternative hermeneutical approaches can enhance gender equity while remaining faithful to the Qur’an’s principles of justice.

Intersecting Spheres: Civil and Family Law in the Evolving Islamic Legal Landscapes of Iran, Egypt, and Indonesia

Mohammad Taqi Fakhlaei — 2025-12-26

This article examines the complex relationship between civil and family law in Iran, Egypt, and Indonesia. These three Muslim-majority nations, despite their unique legal systems shaped by varying integrations of Islamic jurisprudence and Western influences, all face the challenge of harmonizing modern legal frameworks with religious norms. The paper investigates this dynamic by analyzing how each country’s legal system defines and governs the family within its civil law framework. We delve into their respective court structures, the hierarchy of statutory laws, and the significant role of religious authorities. Our comparative analysis reveals how these societies balance tradition and modernity in their legal landscapes, offering insights into their shared struggles and distinct approaches to personal status and broader civil regulation. The findings highlight the critical tension between traditional religious norms and modern legal frameworks, with the core result that Iran employs a unified religious-legal approach in which family law is part of civil law, While early Iranian family law, like that of Egypt and Indonesia, was influenced by civil-law individualism and limited largely to alimony obligations, contemporary Iranian law—similar to developments in Egyptian and Indonesian family law—has shifted toward prioritizing the protection and collective interests of the family. At the same time, Egypt maintains a dual system with state-controlled religious courts and codified civil law. Indonesia, on the other hand, utilizes a decentralized system that grants significant autonomy to religious courts but subjects them to national legal oversight. Each nation has developed a unique, albeit often conflicted, strategy to manage this delicate balance.

Legal Pluralism and the Social Anomaly of Halal Governance: MSME Compliance and Market Negotiation in Lombok's Halal Tourism Regulation

Abdul Wahid Wathoni — 2025-12-25

Halal product assurance in Indonesia remains constrained by the gap between formal regulatory frameworks and the existing conditions and realities of Micro, Small, and Medium Enterprises (MSMEs). This study investigates how hybrid governance settings, where state law, local socio-cultural norms, and market incentives coexist and shape MSME compliance with halal certification requirements. Focusing on the tourism-dependent economy of Gili Trawangan, the article employs a qualitative socio-legal methodology, combining in-depth interviews, field observations, and document analysis. Guided by Critical Legal Pluralism, Maqāṣid al-Syarī‘ah, and Substantialist–Formalist Compliance Theory, the findings identify three distinct compliance pathways: adoption, adaptation, and resistance. These patterns emerge from actors' strategic negotiations across multiple normative orders, mediated by their compliance orientations and prioritization of hifẓ al-māl, hifẓ al-dīn, and hifẓ al-nafs. The study argues that effective halal governance cannot rely solely on legal enforcement but must realign economic and religious–ethical objectives to make those conditions mutually reinforcing. This reconceptualisation contributes to academic debates on legal pluralism in Islamic economic governance, offering policy recommendations to harmonise formal law with socio-economic contexts in tourism-based Muslim-minority regions.

The Constitutionalization of Sharia in Muslim Countries: Historical and Political Struggles in Indonesia, Türkiye, and Saudi Arabia

Khamami Zada — 2025-12-25

This study examines the complex relationship between sharia and constitutionalism in three Muslim-majority countries: Indonesia, Türkiye, and Saudi Arabia. Despite their majority Muslim population, these countries have adopted divergent approaches in integrating—or delimiting—the role of sharia within their constitutional frameworks. Drawing on interviews with legal and political scholars from each country, the research employs a comparative political-constitutional approach to analyze the dynamics of sharia constitutionalism across these distinct contexts. The findings reveal varying degrees of constitutional accommodation of sharia. Indonesia exemplifies a model of religious constitutionalism, where Islamic principles are acknowledged but not formally codified within the constitutional text. Türkiye represents a paradigm of secular constitutionalism that distinctly separates religion and state, excluding sharia from the constitutional and legal order. In contrast, Saudi Arabia exhibits a puritan constitutionalism, whereby the Quran and Hadith constitute the primary sources of constitutional authority. These contrasting models illuminate broader ideological and institutional orientations: Saudi Arabia grounds its constitutional identity in religion, Indonesia integrates certain religious principles within a pluralistic framework, and Türkiye maintains a secularist stance that confines religion to the private sphere.

Revitalizing Badoncek and Jimpitan: Culture-Based Approaches to Waqf Fundraising in Indonesia

Gusnam Haris — 2025-12-18

Culture-based waqf fundraising is a strategic approach that utilizes a community’s cultural, religious, and social values to support waqf institutions. In Indonesia, local traditions such as Badoncek and Jimpitan reflect communal solidarity and can serve as effective mechanisms for waqf fundraising. This study highlights the importance of integrating local cultural practices to enhance the effectiveness, sustainability, and socio-economic impact of waqf in contemporary society. Using a qualitative, thematic analysis, the research draws on interviews with government officials, waqf practitioners, and academics to examine the opportunities and risks of culture-based waqf fundraising. The findings reveal that Badoncek and Jimpitan’s practices present significant opportunities and challenges when applied to waqf fundraising. They enable rapid fund collection, strengthen social cohesion, and maintain community engagement due to their deep-rooted cultural values and ongoing preservation. However, potential risks include limited scalability, a lack of standardized management, and dependency on local participation. Incorporating cultural elements into waqf fundraising can enhance trust, credibility, and long-term community commitment by respecting local traditions and values. They also raise public awareness about the importance and social impact of waqf. Therefore, integrating local culture, such as Badoncek and Jimpitan, into waqf fundraising strategies can strengthen community-based economic empowerment and sustain waqf institutions.

Development of Waqf-Based Halal Tourism in Indonesia: A Case Study of Teras Lembang, West Java

Hisam Ahyani — 2025-12-18

This study explores the development of waqf-based halal tourism as an innovative and sustainable model within Islamic economic law, using Teras Lembang in West Java as a case study. The primary issue identified is the limited exploration of how Islamic legal principles guide the productive use of waqf in halal tourism. Using a qualitative case study approach with normative juridical analysis, the study applies Ibn Qayyim al-Jawziyyah’s theory of legal change as a middle theory, supported by the concept of maslahah mursalah from al-Ghazālī and al-Shāṭibī, and Yusuf al-Qaradawi’s theory of halal. Data were collected through interviews, field observations, and literature review. Results show that the management of waqf-based halal tourism reflects sharia principles such as justice, transparency, and trustworthiness, while also contributing to local socio-economic empowerment through MSME growth, job creation, and increased community involvement. However, challenges such as regulatory fragmentation and low public literacy on waqf remain. This article concludes that aligning Islamic legal norms with tourism policies can enhance the legitimacy and sustainability of halal tourism. Policy recommendations include strengthening sharia supervisory institutions and integrating halal certification systems into tourism governance.

The Role of Islamic Law in Addressing Global Warming: Perspectives from Indonesia and Global Contexts

Mohammad Rindu Fajar Islamy — 2025-12-16

This study examines the role of Islamic law in addressing global warming, focusing on case studies from Indonesia and Western contexts. As emphasized by Indian scholar Mukherjee A, climate change has emerged as an escalating global threat driven primarily by human actions such as excessive fossil fuel consumption, deforestation for industrialization and urbanization, and rapid population growth. These activities accelerate global warming and permanently disrupt ecosystems, leading to significant human suffering. Within Islamic jurisprudence, the principle of Fiqh al-Bī’ah (Islamic environmental jurisprudence) provides both a moral and legal foundation for maintaining ecological balance. Classical Muslim scholars emphasize stewardship (khilāfah) and accountability (mas’ūliyyah) as ethical imperatives guiding human responsibility toward nature. In the contemporary context, Islamic law extends these principles through maqāṣid al-sharī‘ah, particularly the preservation of life (ḥifẓ al-nafs) and nature (ḥifẓ al-bi’ah), which demand sustainable and responsible engagement with the environment. This research employs a Systematic Literature Review (SLR) alongside an analysis of classical Islamic works, examining 578 scholarly papers to ensure comprehensive coverage. The Miles and Huberman framework, comprising data reduction, data display, and conclusion drawing, was applied to guide the data analysis. The findings reveal that Islamic law offers both normative and practical mechanisms for mitigating climate change: (1) strengthening Fiqh al-Bī’ah as a legal-ethical response, (2) promoting ecological citizenship within Society 5.0, (3) enforcing robust environmental regulations and local capacity building, and (4) integrating technological innovation with sustainable practices. The study concludes that Islamic law provides a holistic ethical and legal foundation for environmental stewardship, harmonizing traditional jurisprudence with modern sustainability initiatives to address global warming both globally and locally.

Al-Būṭī vs. Al-Qaraḍāwī: A Comparative Study of Thought on Al-Khurūj 'Alā Al-Ḥukkām

Muhammad Safwan Harun — 2025-12-16

This study examines the polemic of al-khurūj ‘alā al-ḥukkām (rebellion against rulers) as debated by Yūsuf al-Qaraḍāwī and Muḥammad Sa‘īd Ramaḍān al-Būṭī, particularly in the context of the Syria crisis and the Arab Spring. The theoretical framework employed is maqāṣid al-sharīʿah, encompassing the hierarchy of maṣlaḥah based on ḍarūriyyāt, ḥājiyyāt, and taḥsīniyyāt; the preservation of the kulliyyāt al-khams (religion, life, intellect, lineage, and property); the balancing of conflicting mafsadah; the application of sadd al-dharāʾiʿ (blocking the means to harm); and the consideration of maʾālāt (future consequences). Methodologically, the study employs a qualitative textual analysis of fatwa, jurisprudential writings, and theological arguments by scholars, situating their views within the broader maqāṣid framework. Within this framework, al-Qaraḍāwī justifies rebellion against unjust rulers as both a moral duty and a religious obligation to uphold justice, framing it within the maqāṣid imperative of resisting tyranny. Conversely, al-Būṭī employs the same maqāṣid tools to prohibit rebellion, prioritising the avoidance of bloodshed and societal collapse over immediate political reform. The findings reveal that although both scholars engage maqāṣid al-sharīʿah, their divergent prioritisation leads al-Qaraḍāwī to emphasise justice and activism as central to preserving Islam’s dignity. At the same time, al-Būṭī underscores stability and unity as essential safeguards against greater chaos.

Re-Evaluating Contractual Relativity: Third-Party Effects in Islamic and Positive Legal Frameworks

Yassine Chami — 2025-12-15

This study compares the principle of contractual relativity and its exceptions regarding third-party effects in Islamic jurisprudence and positive law. Employing a doctrinal-comparative methodology, it identifies key convergences and divergences in how both systems treat general successors, special successors, and creditors. The research finds that while both systems uphold the core principle, they develop distinct mechanisms for third-party protection, rooted in different foundational philosophies (Sharia vs. autonomy of will). A key novelty lies in the critical analysis revealing that classical juristic tools (like waqf, wasiyya) serve functions analogous to, but conceptually distinct from, positive law exceptions (like stipulation pour autrui). The study concludes that technological advancements necessitate contextual application of the principle, not its abandonment, and offers targeted recommendations for legal harmonization and judicial training to enhance transactional justice and stability.