Rahmi Jumiyah
Universitas Islam Tebo, Tebo, Indonesia

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Negotiating Women's Reproductive Rights Within the Framework of Islamic Law Ahmed Abdel Fattah; Rahmi Jumiyah; Zaki Saiful Alam; Asyifa Nur Mediana; Ihsan Jaya Rauf
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.57

Abstract

Negotiations over women's reproductive rights become an epistemological and ethical arena that brings together bodily authority, taklīf constructions, and interpretative struggles between the protection of human dignity and reproduction as a locus of normative control within the family institution. The purpose of this study is to comprehensively analyse the negotiation of women's reproductive rights within the framework of Islamic law, using an integrative approach that connects normative, institutional, and social-experience dimensions. This study uses a qualitative approach with a socio-legal and critical hermeneutic design, as its focus lies not only on fiqh norms as texts but also on the dynamics of social practices and power relations that shape women's experiences as legal subjects. The results confirm that the negotiation of women's reproductive rights in Islamic law is, in fact, the most tangible test of fiqh's capacity to remain a liberating ethic of life, rather than merely a device for controlling women's bodies. When classical concepts such as qiwāmah, tamkīn, and ḥaqq al-istimtāʿcontinue to be upheld without a critical reading of maqasid, fiqh risks becoming frozen into a legitimisation of patriarchal domination. Conversely, when riḍā, lā ḍarar wa-lā ḍirār, and ḥifẓ al-nafs are placed at the centre of ijtihād, Islamic law can emerge as a moral system that protects women's dignity and safety without undermining the institution of the family.
The Interaction between Islamic Law and the Global Economic System Haifsah Fikriah; Edi Suhara; Syafrita Huspika; Rahmi Jumiyah; Noorhani Dyani Laksmi
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.86

Abstract

The interaction between Islamic law and global economics can no longer be understood merely as a process of normative adaptation to modern economic dynamics, but rather as an arena of epistemological dialectics that questions the legitimacy, ethics and fundamental orientation of contemporary global economic civilisation. This study aims to comprehensively analyse the dynamics of the relationship between Islamic law and the global economic system by highlighting the processes of integration, challenges, and opportunities for transformation that arise within it through a mixed-methods approach with a sequential exploratory design. The findings indicate that Islamic law, particularly through the reconstruction of values within maqāṣid al-sharī‘ah and its operationalisation in Islamic economics, possesses the capacity not only to adapt to the global economic system but also to offer substantive criticism of the dominance of the financial capitalism paradigm, which tends to generate inequality, speculation, and economic instability. In this context, instruments such as sustainable sukuk, zakat, and waqf serve as concrete representations of the integration of sharī‘ah values into modern economic governance oriented towards distributive justice, social inclusion, and sustainable development. The novelty of this study lies in a paradigm shift from a defensive-compatibility approach towards a transformative approach that positions sharī‘ah as a source of both normative and empirical innovation in building a more ethical and just global economic architecture. However, its implementation still faces challenges in the form of cross-jurisdictional complexities, limitations in the harmonisation of international regulations, and institutional resistance within a global economic system still dominated by neoliberal logic and financial capitalism.