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This Author published in this journals
All Journal Jurnal Ilmiah Al-Syir'ah Al-Istinbath: Jurnal Hukum Islam
Hayatul Islami
Universitas Islam Negeri Raden Fatah Palembang
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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The Medical Cannabis Dilemma in Indonesia From an Islamic Law Perspective: Between Benefit and Harm Rahmad Setyawan; Hayatul Islami; Doli Witro; Ahmad Mundzir; Muhammad Asyrofudin
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14758

Abstract

The prohibition of cannabis under Indonesian narcotics law has generated continuing debate regarding its potential use for medical treatment. This study aims to examine the legal status of medical cannabis from the perspective of Islamic law and to formulate a governance framework for its limited medical use in Indonesia. This research employs a qualitative normative legal method through statutory, conceptual, and case approaches, supported by literature review and semi-structured interviews with Islamic scholars, legal academics, and healthcare professionals. The findings reveal that Islamic law does not treat medical cannabis through an absolute prohibition paradigm but through a contextual assessment of maṣlaḥah and mafsadah. Medical cannabis may be permitted in exceptional circumstances when there is an urgent therapeutic need, scientific evidence of efficacy, no equally effective alternative treatment, and strict medical and governmental supervision. The study further identifies six Islamic bioethical principles relevant to the regulation of medical cannabis, namely protection of life, protection of intellect, public benefit, necessity, harm reduction, and the right to health. Based on these principles, the study proposes a maqāṣid al-sharī‘ah-based governance model emphasizing scientific validation, specialist supervision, patient registration, pharmaceutical control, stakeholder involvement, and periodic risk assessment. The study concludes that a limited and highly regulated medical cannabis policy is compatible with the objectives of Islamic law and may serve as a basis for future reform of Indonesian narcotics regulation.
Reform of Islamic Family Law Through Gender-Sensitive Ijtihad: The Role of Female Judges in Indonesian Religious Courts Ramdani Wahyu Sururie; Doli Witro; Irma Suryani; Abdul Mufti Albasyari; Muhammad Iqbal Zia Ulhaq; Ahmad Mundzir; Hayatul Islami
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3558

Abstract

Historically, the rulings of Indonesian Religious Courts have critically shaped gender justice in family law; however, the specific contributions of female judges through their judicial reasoning remain under-explored in a systematic manner. This article aims to highlight female judges from a legal perspective, viewing them not merely from a passive legal standpoint but also emphasising their active role in reforming Islamic family law. This research employs a legal-empirical approach. Primary data consists of official copies of religious court rulings; the four rulings analysed were selected from cases between 2019 and 2024. In addition, primary data was also collected through in-depth interviews with three female judges from various regions in Indonesia: Sumatra, Java, and Eastern Indonesia. Secondary data was gathered from a literature review, which included academic articles, annual judicial reports, and legal textbooks. Data analysis was conducted using a qualitative approach, beginning with data condensation, followed by data presentation, and concluding with the findings. This study concludes that female judges play a role in the reform of Islamic family law through the appropriate interpretation of legal sources and the legal facts presented in court proceedings. Furthermore, the use of a gender-justice-based ijtihad approach to achieve gender equality between male and female judges requires a holistic approach. On the other hand, female judges also systematically link various legal sources and employ legal reasoning to uncover the deeper truth behind the facts, which is essential for justice and legal reform. 
Co-Authors Abdul Mufti Albasyari Ahmad Mundzir Doli Witro Irma Suryani Muhammad Asyrofudin Muhammad Iqbal Zia Ulhaq Rahmad Setyawan Ramdani Wahyu Sururie