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All Journal Nusantara: Journal Of Law Studies MILRev: Metro Islamic Law Review
Burhan Alsyouf
Al-Syouf Law Firm for Advocacy and Arbitration, Amman, Jordan
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Contemporary Trade Governance and Cross-Border Data Flows: A Comparative Study of Sharīʿah Principles and International Legal Frameworks Muhammad Azam; Naji Mohammad Alwreikat; Burhan Alsyouf; Abdel Salam Atwa Ali Al Fandi; Rawdah Abdul Karim Mohammad Pharaon
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13387

Abstract

The rapid expansion of the digital economy has transformed international commerce, making cross-border data flows a crucial component of global trade governance. The increasing reliance on digital platforms, cloud computing, and data-driven services has generated legal challenges related to data privacy, cybersecurity, digital sovereignty, and regulatory fragmentation across jurisdictions. This study examines how contemporary legal frameworks regulate cross-border data governance and analyzes the tension between trade liberalization and regulatory control in digital trade systems. Using a qualitative doctrinal and comparative legal approach, the research evaluates the frameworks of the World Trade Organization (WTO), the European Union (EU), and major Indo-Pacific digital trade agreements. The analysis applies three criteria—legal enforceability, regulatory flexibility, and data protection intensity—to compare their approaches to digital trade governance and cross-border data flows. The findings reveal significant divergence among these frameworks, driven by differing regulatory philosophies and policy priorities. The WTO primarily emphasizes trade liberalization and non-discrimination, but lacks comprehensive mechanisms for data governance. In contrast, the EU adopts a rights-based model focused on robust data protection and regulatory oversight, while Indo-Pacific agreements favor flexible, market-oriented rules that facilitate data flows with limited restrictions. The study further finds that fragmentation in global digital governance is driven not only by regulatory differences but also by competing views of data as either an economic commodity or a protected legal right. The research concludes that effective global digital trade governance requires a harmonized framework balancing economic openness, data protection, cybersecurity, and national sovereignty. It proposes a principle-based harmonization model grounded in transparency, proportionality, interoperability, and regulatory accountability. Academically, this study contributes by developing a comparative analytical framework and by integrating Sharīʿah-based perspectives on ethical data governance, trust, and accountability into contemporary international debates on digital trade law.
AI-Driven Sharia Governance in Islamic Digital Payment Systems: Developing a Contemporary Islamic Law Framework for Ethical and Regulatory Compliance Muhammad Azam; Rawdah Abdul Karim Mohammad Pharaon; Elsoghair Mahdy; Manal Abdellatif Issa Albabili; Burhan Alsyouf; Bagdat Bagayev
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.339

Abstract

The rapid advancement of artificial intelligence (AI) and digital financial technologies has transformed the operational landscape of Islamic financial institutions, creating both new opportunities and significant challenges for Sharia governance. As Islamic digital payment systems increasingly rely on AI-driven tools for transaction monitoring, fraud detection, risk assessment, and compliance verification, important questions arise regarding their compatibility with the principles and objectives of Islamic law. This study examines the role of AI in strengthening Sharia governance within Islamic digital payment ecosystems and evaluates its effectiveness in identifying prohibited elements, including riba, gharar, and other forms of financial misconduct. Using a doctrinal legal research methodology supported by comparative analysis and qualitative content analysis, the study examines primary and secondary sources of Islamic law, including the Qur'an, Sunnah, classical fiqh literature, contemporary Sharia governance standards, and regulatory frameworks from selected Islamic finance jurisdictions. The findings suggest that AI can substantially enhance Sharia compliance through real-time monitoring, predictive analytics, and automated auditing mechanisms. However, concerns related to algorithmic transparency, explainability, accountability, and the inherent limitations of AI in performing ijtihad and issuing fatwa-based judgments prevent it from replacing human scholarly authority in Sharia decision-making. The study argues that AI should function as a decision-support tool rather than an autonomous Sharia decision-maker. To address the governance challenges associated with AI implementation, the article proposes a contemporary Islamic law framework built upon five interconnected pillars: Human-Centered Sharia Supervision, Explainable Artificial Intelligence (XAI), Maqasid al-Shariah Compliance, Continuous Sharia Auditing, and Regulatory Accountability. This framework aims to harmonize technological innovation with the ethical, legal, and jurisprudential foundations of Islamic law while ensuring responsible and trustworthy AI deployment in Islamic finance. The study contributes to the growing literature on Islamic FinTech and AI governance by offering a normative framework for regulating AI applications in Islamic digital payment systems.
Contemporary Determinants of Human Resource Performance in Islamic Banking: The Roles of Religiosity, Financial Literacy, and Technology Adoption Muhammad Hanafi Zuardi; Abdulloh Hadziq; Desmadi Saharuddin; Ade Sofyan Mulazid; Burhan Alsyouf
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i2.13312

Abstract

This study examines the contemporary determinants of human resource (HR) performance in Islamic banking by analysing the roles of religiosity, financial literacy, and technology adoption at Bank Syariah Indonesia (BSI) Bandar Lampung. The study employs a mixed-methods approach with an explanatory sequential design. Primary quantitative data were collected from 86 employees through structured questionnaires, followed by in-depth interviews with five key informants to provide qualitative insights into the relationships identified in the quantitative analysis. Secondary data were obtained from relevant academic literature and institutional sources. Quantitative data were analysed using Partial Least Squares Structural Equation Modelling (PLS-SEM), and qualitative data were analysed using thematic analysis. The findings demonstrate that religiosity, financial literacy, and technology adoption each have a positive and significant direct effect on HR performance. Furthermore, religiosity significantly contributes to HR performance through financial literacy and technology adoption, indicating that these factors function not only as independent determinants but also as mechanisms through which religious values are translated into professional and technological capabilities. The qualitative findings further reveal that religiosity provides an ethical and value-based foundation for employees, financial literacy strengthens the internalisation and application of Islamic economic principles, and technology adoption enhances work efficiency, adaptability, and performance effectiveness. The study concludes that contemporary HR performance in Islamic banking is shaped by the interaction of religious values, financial knowledge, and technological capability, with religiosity emerging as a fundamental determinant. This study contributes to the literature by conceptualising religiosity, financial literacy, and technology adoption as complementary determinants of HR performance and by integrating behavioural, financial, and technological perspectives within the contemporary Islamic banking context.
Co-Authors Abdel Salam Atwa Ali Al Fandi Abdulloh Hadziq Ade Sofyan Mulazid Bagdat Bagayev Desmadi Saharuddin Elsoghair Mahdy Manal Abdellatif Issa Albabili Muhammad Azam Muhammad Azam Muhammad Hanafi Zuardi Naji Mohammad Alwreikat Rawdah Abdul Karim Mohammad Pharaon Rawdah Abdul Karim Mohammad Pharaon