Mazahib

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.

From Ideological Flame to Rebellious Ashes: Analyzing the Emergence and Impact of Radical Ideology in the Arab World

Issam Iyrot — 2025-12-15

This study examines the historical and intellectual origins of radical thought in the Arab world and its evolution into organized armed movements. It investigates how ideas are selectively reinterpreted from one context to another: from Egyptian prisons where Takfir and Hijra were born to transnational jihadist organizations like Al-Qaeda and ISIS, to localized movements such as Hamas and Palestinian Islamic Jihad, synthesizing Qutbist categories with national liberation struggles under occupation. These results suggest that reducing radicalism to an issue of ideology is not feasible; instead, these legacies emanate from the interaction between doctrinal legacies and structural conditions, including authoritarian governance, foreign occupation, socio-economic marginalization, and the Arab state’s failure to manage diversity and uphold the rule of law. These conditions were so propitious that they facilitated both recruitment and legitimized radical discourse through framing violence as a religious duty and political necessity. By situating the emergence of radical thought within its historical context and examining its specific political and legal contexts, this research offers a more nuanced understanding of how universal ideological frameworks are established in diverse political and legal contexts. This study concludes that effective confrontation with radicalism must be an integrated approach, combining religious reform with the resolution of structural injustices that radical groups exploit in their mobilization efforts.

From Social Trust to Halal Industry Dynamic: The Synergy of Islamic Social Capital and Financial Capability in Small Enterprises Sectors

Afdawaiza Afdawaiza — 2025-12-15

This study aims to examine the determinants of performance in Halal micro, small, and medium enterprises (MSMEs) by positioning Islamic Social Capital (ISC) as the primary explanatory construct. To provide a more comprehensive framework, Islamic Financial Literacy (IFL) and Islamic Financial Inclusion (IFI) are integrated into the model to capture the knowledge and financial accessibility dimensions essential for Halal MSME development. A quantitative approach was employed, utilizing partial least squares structural equation modeling (PLS-SEM) on survey data from 242 Muslim-owned Halal MSMEs in Indonesia. The results reveal that ISC significantly enhances IFL, which in turn promotes IFI and ultimately strengthens MSME performance. These findings highlight the pivotal role of cohesive and ethically grounded social networks in facilitating financial literacy and access to Sharia-compliant financial services. The novelty of this study lies in integrating ISC with IFL and IFI within a single model, a relationship that has not been comprehensively explored in prior research. By bridging Islamic social capital with financial capability from an Islamic legal-ethical perspective, this study contributes new insights into how community-based mechanisms can drive the growth and resilience of Halal MSMEs.

Arbitration and Alternative Dispute Resolution in Medical Disputes Within Sharia-Compliant Hospitals: The Role of Good Faith in Balancing Patient Justice and Professional Protection

Herliana Herliana — 2025-12-15

The expansion of Sharia-compliant hospitals in Indonesia requires a context-specific mechanism for resolving medical disputes. Law No. 17 of 2023 mandates Alternative Dispute Resolution (ADR), including arbitration, that aligns with Islamic legal principles—particularly good faith. This principle, rooted in sincerity, fairness, and respect, underpins Islamic jurisprudence and ensures ethical dispute resolution. This study proposes an ADR framework, specifically arbitration, for Sharia-compliant hospitals grounded in good-faith principles that safeguard patients’ rights while protecting healthcare professionals from unjust claims. Integrating values such as niyyah (sincere intent), ṣidq (honesty), adl (justice), huqūq (respect for rights), amānah (responsibility), and avoidance of ḍarar (harm) fosters trust, fairness, and accountability, thereby sustaining an ethical healthcare environment responsive to both patient welfare and practitioner integrity.

Modernizing Zakat and Waqf Management in Indonesia: A Legal And Governance Perspective

Muh. Nashirudin — 2025-06-27

Zakat and waqf are vital tools for poverty alleviation in Islamic countries. However, their management often fails to keep pace with technological advancements, so legality and good governance cannot be seen directly by the muzakki. In Indonesia, the largest Muslim-majority country, the digitalization of zakat and waqf has emerged as a significant reform, supported by regulations to improve transparency, accountability, and efficiency. This study examines the integration of corporate governance principles in digital zakat and waqf management, focusing on the regulatory framework that governs these practices. Employing normative legal research, this study analyzes Indonesia’s Zakat Management Law (No. 23 of 2011) and the Waqf Law (No. 31 of 2004), alongside case studies of digital zakat and waqf platforms. The findings highlight that these regulations mandate technology to enhance monitoring, reporting, and fund distribution. Adopting corporate governance frameworks, including digital fundraising, real-time tracking, and performance audits, has substantially increased public trust and participation in zakat and waqf. Nevertheless, challenges remain, such as regulatory gaps in monitoring non-compliance and integrating private sector innovations. This research underscores the importance of strengthening regulatory oversight and adopting global best practices to optimize the socio-economic impact of zakat and waqf in Indonesia.

Harmonisation Between DSN-MUI Fatwas and OJK Regulations: Towards an Innovative and Inclusive Sharia-Compliant Fintech Ecosystem in Indonesia

Suaidi Suaidi — 2025-06-17

Since 2018, Sharia FinTech in Indonesia has grown significantly through platform-based innovations combining Islamic contracts and digital technology. The development of this industry is influenced by ongoing efforts to harmonize DSN-MUI fatwas with OJK regulations, aiming to enhance Sharia compliance and legal certainty. Through DSN-MUI fatwas (2008–2021) and POJK regulations (2016, 2022), religious and state authorities have worked to enhance legal certainty and consumer protection in the Sharia-based digital finance sector. This study adopts a qualitative approach through literature-based document analysis to examine how DSN-MUI fatwas and OJK regulations contribute to developing the Sharia FinTech industry. The research findings indicate that while fatwas offer normative guidance for Sharia compliance, challenges persist in areas such as financial literacy, technological readiness, and regulatory oversight effectiveness. The findings suggest a need for clearer regulations, improved public education, and more effective use of technology to enhance the transparency and efficiency of Sharia financial services. Stronger collaboration between financial regulators and religious institutions can improve the capacity of Sharia FinTech to support financial inclusion and contribute to sustainable growth in the Islamic economy.

Cash Waqf in the Halal Blue Economy Sector: A Comparative Study of Indonesia and Malaysia

Muhammad Ishom — 2025-06-17

This study aims to investigate the potential and difficulties of using cash waqf-based sukuk in the growth of the halal industry in the maritime sectors of two nearby nations, Malaysia and Indonesia. Green and blue sukuk have been combined in both nations to aid in the government's endeavors to accomplish the Sustainable Development Goals (SDGs). The main topics of this study's comparative analysis of the policies and strategies in both nations are the implementation mechanisms of cash waqf in supporting blue economy projects and the opportunities and problems encountered. Direct stakeholder observations, interviews, and focus groups in Malaysia and Indonesia provided the research data. Although each nation has a unique method of implementation and regulation, the research findings demonstrate parallels in using cash waqf for sustainable economic growth. Although the integration of green sukuk into blue sukuk has not yet been optimally implemented due to political and theological factors, two Muslim nations with the largest populations and the largest maritime territories have also become pioneers in using cash waqf among Muslim nations worldwide.

Impact of Polygamy Practices in Urban Communities in Kramatjati, East Jakarta

Abdul Aziz — 2025-06-13

This study explores the dynamics of polygamous practices in the urban community of Kramatjati, East Jakarta, by assessing the impact of official permits and unofficial permits on family relationships and household harmony. The background of this issue discusses the influence of polygamy permits on family life in urban contexts, as well as the various challenges and conflicts that arise as a result of the practice. This article answers this question using an in-depth interview method with seven couples who practice polygamy, whether they have an official permit or not. The theories applied include family communication theory and conflict management. Research findings show that although official permits provide legitimacy, the success of polygamy practices in creating family harmony is highly dependent on internal management and the quality of communication between family members. Couples who have official permission but do not manage the relationship well experience significant tension and conflict, while well-managed couples show relatively stable harmony. In conclusion, formal permits are not enough to guarantee the welfare of the family; Effective management and open communication are the keys to achieving prosperity in the practice of polygamy. However, this does not mean that the researcher supports the practice of polygamy, but rather reflects the reality that occurs in the field.

Negotiating Islam, Democracy and Pluralism: Islamic Politics and the State in Post-Reform Indonesia

Krismono Krismono — 2025-06-12

The question of how democratic states navigate religious aspirations remains central in Muslim-majority societies. In Indonesia, this relationship has followed a nonlinear trajectory shaped by political alliances, institutional asymmetries, and ideological transformations. This article explores how successive governments—from Habibie to Joko Widodo—have managed the complex intersection of Islam, democracy, and pluralism. Using a qualitative comparative approach, it identifies shifts in state strategies toward Islamic political expression, ranging from symbolic inclusion to legal restriction and bureaucratic regulation. The concept of contested accommodation is proposed to explain how Islamic norms have been selectively engaged, redirected, or constrained through evolving institutional mechanisms. While some administrations prioritized inclusive pluralism, others aligned with conservative religious agendas. Populist religiosity, transnational influences, and media amplification further shaped the policy landscape. The findings suggest that Islamic political expression in Indonesia is neither fully absorbed nor rejected, but continually renegotiated. Pluralism, in this context, is sustained not through ideological consensus but through ongoing recalibration within democratic institutions.