Mazahib

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

Tue, 17 Jun 2025 09:33:43 +0800

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

Tue, 17 Jun 2025 08:35:56 +0800

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 — Fri, 13 Jun 2025 10:12:34 +0800

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, Supriyanto Abdi, Syahmirwan Syahmirwan — Thu, 12 Jun 2025 10:46:06 +0800

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.

Advancing Halal Creative Industry Exports: Strengthening Advocacy and Codification in HPPA Performance to Boost Indonesia's Economic Growth

M Fatchurrohman, Muhamad Takhim, Muhammad Ricza Irhamni — Wed, 11 Jun 2025 11:50:42 +0800

The growing global demand for halal products presents promising opportunities for economic development. However, there are still significant gaps in the standardization of the halal certification process, especially in terms of aligning with the provisions of Islamic law for international export purposes. The role of the Halal Product Process Assistants (HPPA) in establishing credible and Shariah-compliant export standards remains unexplored, posing challenges in integrating halal certification into the global supply chain. This research examines how HPPA can strategically contribute to developing a globally recognized halal certification system that is in line with Islamic law. It also aims to assess the role of Islamic law advocacy and technology in strengthening international halal standards. Using qualitative methods inspired by Spradley's ethnographic approach, this study engaged key informants- recognized experts and stakeholders- through focused, open-ended interviews. The study revealed that Islamic law-based halal certification significantly improves the marketability of halal products globally by fostering consumer confidence and regulatory alignment. HPPA's strategic engagement, legal advocacy, and technological innovation can drive creative economic growth and facilitate the integration of halal products into international markets.

Protection of Human Rights in the Framework of Global Judicial Reforms

Tue, 10 Jun 2025 09:33:31 +0800

The purpose of the article is to analyse the relationship between judicial reforms and human rights protection, especially in the light of global and international changes. The article examines how judicial reforms carried out in different countries, aimed at improving the efficiency, accessibility, and fairness of the judicial process, affect the exercise and protection of fundamental human rights and freedoms. The authors examine the case studies of Colombia and Turkey in the context of their judicial reforms to understand whether reforms are always sufficient to ensure human rights. Based on the study, it is established that reforms alone are not enough. Sustained political will and international influence are also needed. It is established that the protection of human rights in the context of global judicial reforms is a relevant and significant topic that requires attention and improvement in the modern world. Protection of human rights through judicial reforms only meets the needs of modern society.

Islamic Legal Discourse and Gender Inclusivity: The Dynamics of Khunthā/Hijra and Transgender Identity in Bangladesh

Md. Mahdi Hasan, Zezen Zaenal Mutaqin — Tue, 10 Jun 2025 09:29:10 +0800

This paper critically explores the theological, legal, and sociopolitical distinction between traditional khunthā (intersex) and contemporary socially constructed transgender identities within the framework of Islamic jurisprudence, focusing on the Bangladeshi context. By engaging with classical and contemporary Islamic legal texts, religious interpretations, legal precedents, scholarly works, media representations, and public discourse, the study argues that the conflation of khunthā (often culturally aligned with hijra) and transgender identities in public narratives—particularly in education and media—has led to widespread confusion, societal backlash, and policy resistance. While khunthā has traditionally been recognized in Islam as part of divine creation (aṣl al-khilqah), transgender identity—defined as a divergence from one’s biological sex—is often perceived as altering God’s creation (taghyīr al-khilqah) and thus faces greater religious and social resistance. This paper also addresses concern about unverified gender identity claims, citing incidents where individuals falsely claimed gender status, resulting in misuse of institutional provisions and violations of women’s safety and privacy in gender-segregated spaces. The study suggests that future policy initiatives on gender inclusivity in Muslim-majority countries like Bangladesh should clearly distinguish between traditional legitimate gender and socially constructed gender identities in order to uphold religious and ethical values and prevent misuse in gender-segregated spaces.

Islam and the State: The Evolution of Sharia Banking Regulation in Indonesia

Nur Hidayah, Haryatih Haryatih, Rihadatul Aisy Kamilah — Tue, 31 Dec 2024 00:00:00 +0800

The interplay of social, economic, and political dynamics influences the legal development of Sharia banking regulations. This study aims to analyze the evolution of Sharia banking regulations in Indonesia from their inception to the most recent developments. Using a juridical-legal approach, the research identifies five key phases in the development of Sharia banking regulations in Indonesia: initial, introduction, recognition, purification, and relaxation phases. Such regulatory changes have resulted from the negotiations among various stakeholders to reconcile the ideals of Sharia finance with the pragmatic needs of the banking industry, as well as the interest in strengthening the national financial system. Such legal development of Sharia banking regulations in Indonesia reflects the adaptability of Islamic law, enabling Sharia finance to evolve in response to societal changes and contextual dynamics while remaining grounded in the ethical principles of the Islamic moral economy.

Performing Curative Medical Experiments on Incurable Patients: Between Islamic Jurisprudence and the Laws of the Middle East

Hamza Abed AlKarim Hammad — Tue, 31 Dec 2024 00:00:00 +0800

This study aims to elucidate the Islamic jurisprudential and legal ruling on conducting curative medical experiments on incurable patients. The study found it appropriate to divide those experiments into two parts. Firstly, medical experiments on incurable patients to secure a cure for the illness from which they suffer. Secondly, Medical experiments on incurable individuals produce a cure for an illness from which they do not suffer. The present study adopted the descriptive method grounded in describing the issue and then comparing and analyzing the jurisprudential opinions leading to the chosen opinion. The Study concluded that Emirati and Jordanian Laws and Islamic jurisprudence find it permissible to conduct medical treatment experiments underpinned by a set of parameters and restrictions.

Decision-Making in Family Planning: Women, Planned Children and Contraceptive Methods in Muslim Family

Wed, 25 Dec 2024 10:31:47 +0800

Family planning programmes are not optimal for Muslim women; this is inseparable from the view that contraception is controversial in Islamic teachings. This study aims to examine the influence of the ideal number of children, the role of husbands, the desired last child, and the type of contraception in Muslim women of childbearing age from the perspective of Islam and health. This study used data from the 2017 IDHS in Aceh, West Sumatra, Riau, West Java, Central Java, and East Java on 5797 Muslim women from January to December 2022. The results of this study showed a significant association between the ideal number of boys (p<0.001; PR = 1.332), number of daughters (p<0.001; PR = 1.289), husbands who decide (p=0.004), and contraceptive types (p<0.001; PR = 1.205) with family planning use. The family planning use is influenced by factors such as gender preference, joint decision-making, and the type of contraceptive used. Modern contraceptives are more effective and reliable, suggesting a trend toward modern methods for family planning.

Towards Personal Data Protection in Structural Leadership Training: An Analysis of Maqāshid al-Sharī'ah Perspective

Miftahul Heldra Sandiza, Sinta Dewi Rosadi, Rahmat Suparman — Mon, 23 Dec 2024 10:13:48 +0800

This article discusses the Maqāshid al-Sharī'ah approach to protecting personal data in the context of structural leadership training. Maqāshid al-Sharī'ah, as a framework of Islamic legal principles, provides a strong foundation for understanding and implementing personal data protection in leadership training. This article elucidates how the training institution can incorporate measures to safeguard participants’ personal data in leadership structural training in accordance. This study employs a normative legal approach, scrutinizing the personal data protection act and structural leadership training maintenance guidelines through qualitative prescriptive research methods. It collects data from observations and relevant reference documents and employs deductive data analysis techniques. The results of this study indicate that implementing these principles requires strict policies, sophisticated security technology, staff training, and awareness about the importance of personal data. By considering the alignment between data protection and Maqāshid al-Sharī'ah, this research aims to contribute to a more robust data governance framework within leadership development programs. To implement this protection, the contribution of an officer who can serve as a data protection officer for participants in structural leadership training is required.

Protection of Women's Rights After Divorce in Religious Courts: What Makes this Mission Difficult to Achieve?

Lilik Andar Yuni, Akhmad Haries — Wed, 18 Dec 2024 15:12:22 +0800

The normative assurance of protection for women's and children's rights post-divorce has been extensively regulated through laws, including the Compilation of Islamic Law (KHI), the Supreme Court Regulation (PERMA), and the Supreme Court Circular Letter (SEMA). However, not all these regulations have been effectively implemented post-divorce in Indonesian Religious Courts. Hence, this article is written to understand how the implementation of post-divorce women's rights protection occurs in the Religious Courts, especially when the husbands are absent from the divorce trials (verstek judgments). This normative-doctrinal legal research utilizes the statutory and case law analysis of selected decisions from Samarinda and Sangatta Religious Courts. The findings indicate that the protection of post-divorce women's rights is not adequately realized, as not all the rights of former wives in the Religious Courts are adequately accommodated, especially the alimony (nafkah iddah). This is attributed to cases being decided in absentia of the husband, indications of the wife's disobedience (nushuz), low awareness of the wife regarding her rights, and the gender sensitivity of the judges not being maximum.

Gender Equality in Imamate Shia and Sunni Inheritance Jurisprudence: A Comparative Analysis of Legal Doctrines and Familial Relationships

Elfia Elfia, Surwati Surwati, Fitra Nelli, Yan Fajri — Tue, 17 Dec 2024 12:59:30 +0800

The issue of inheritance has always been a focal point in society, particularly when addressing the bilateral principle, which ensures property distribution to male and female heirs in Islamic law. The difference in inheritance rights between men and women remains a subject of debate in both Sunni and Shia applications. Shia inheritance law emphasizes equity by granting women recognized inheritance rights alongside men at all levels, while Sunni law follows specific Quranic guidelines that often result in unequal shares. Shia jurisprudence accords women the same status and rights as men in terms of their recognition as legitimate heirs within the family hierarchy. This research examines the mechanisms of inheritance distribution in Shia jurisprudence through a gendered lens, focusing on its implications for women's rights and their position in Islamic inheritance frameworks. This normative legal research adopts a gendered approach to Islamic inheritance law. The secondary data related to Sunni and Shia inheritance rules were traced manually and online from OJS websites. The data were analyzed using content analysis and then narrated through data reduction, display, and verification techniques. The research found that the Shia concept of inheritance distribution involves two categories of heirs: dzawil furudh (heirs with fixed shares) and qarabah (relative heirs). Heirs not included as dzawil furudh (heirs with fixed shares) as specified in the Qur'an and Hadith are classified as qarabah, which includes both male and female relatives based on proximity to the deceased. In determining their rights, Shia addresses the issue of gender while still applying the provisions of the texts regarding the share of men and women. Men and women at the levels of descendants (furu'), parents (ushul), siblings, and parents' siblings (hawasyi) have recognized inheritance rights, with shares determined based on Quranic guidelines. Second, Shia inheritance law consistently applies the bilateral principle, ensuring that women are granted inheritance rights alongside men in accordance with the Quranic 2:1 distribution ratio. This highlights that from a gender perspective, Shia jurisprudence demonstrates a more inclusive approach toward women's inheritance rights, emphasizing equity and recognition within its legal framework.

Unification of Law in the Marriage and Divorce Processes of the Dayak Ngaju Muslim Communities in Central Kalimantan

Jefry Tarantang, Ramdani Wahyu Sururie, Idzam Fautanu — Tue, 17 Dec 2024 12:43:20 +0800

This research is a reflection of thoughts on the practice of marriage, and It examines the practices of marriage and divorce in the Dayak Ngaju tradition in Central Kalimantan. In practice, researchers found unification to be carried out autonomously in the legal system. This unification reflects a communal belief that integrates the customary law system, the positive law system, and Islamic law, particularly for Muslim communities. This study uses a non-doctrinal, empirical approach. The origin of the idea of unification of the legal system was motivated by a reflection of legal thought, which found the existence of a unification of three legal systems that work respectively and have a compatibility between the legal culture of living law, formal law, and maṣlahah. The essence of the thought of unification of the legal system is evidence of new insights or a new paradigm of factual elaboration and elaboration of norms in Dayak Ngaju customary marriage and divorce. However, the implementation of Dayak Ngaju’s traditional marriage and divorce, in practice, has become a living law in the society. It means that the modern legal-positivist paradigm is unable to replace the naturalist paradigm, but both are believed by the community to be able to bring the parties towards the philosophical goal of law, namely peace (maṣlahah).

Navigating Early Marriages: A Methodological Breakthrough in Family Resilience Measurement

Galuh Widitya Qomaro, Nasrulloh Nasrulloh, Muh. Fathoni Hasyim, Iffatin Nur — Tue, 10 Dec 2024 11:29:03 +0800

This article explores early marriage in Madura. Early marriage causes psychological problems and physical and material losses that are not in line with the purpose of family formation in Islam. Using a mixed method approach, this article utilizes questionnaires, interviews, observations, and documentation obtained using Structural Equation Modeling with the Partial Least Square approach equipped with qualitative analysis. The achievement of family formation goals is measured using Maqāsid Al-Usrah indicators by Jamal Al-Din 'Atiyah Muhammad. The measurement results indicate that early marriage families in the Madura Muslim community achieve family formation goals to ensure human life continuity, regulate male-female relationships, maintain lineage clarity, and preserve religiosity within the family. At a methodological level, this research contributes to various models for measuring family resilience in establishing and building a family. Based on reliability and validity tests, all indicators of maqāsid al-usrah’s Jamal Al-Din ‘Atiyah Muhammad are declared valid and reliable so that they can be used to measure the achievement of family formation goals in other subjects in further research studies.

The Struggle for Land in Morocco: A Case Study of Amazigh

Mohamed Cheikh Banane, Souad Ezzerouali, Ahmed Mohamed Elzein — Mon, 09 Dec 2024 11:07:17 +0800

This paper addresses the issue of the conflict over land between the state and tribes in the Great Souss plain in Morocco. The focus of this study is on the Amazigh tribes. It explores the motives that contributed to the emergence of tribal protests, particularly their demands for land rights, following the civil reforms promised by the Arab Spring in 2011. Through a direct examination of the growing dissatisfaction among these communities, the study reveals that the political failure to democratize society, characterized by consistent confusion at the level of governmental and institutional frameworks and the law's failure to regulate spatial justice on the ground, have both played a role. This situation has prompted tribes, feeling a sense of historical oppression, to claim their rights to the land that the state has increasingly opened up for investment without considering the traditional rights of these indigenous groups.