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All Journal JISRev: Journal of Islamic Studies Review
Siti Afiyah
Universitas Islam Darul Ulum Lamongan, Indonesia
Religion Humanities Social Sciences

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The Dialectic Between National Law and Sharia: Integrating Islamic Values into Contemporary Public Policy in Indonesia Muhammad Atiq; Ahmad Masfu; Murahim Murahim; Komaruddin Komaruddin; Siti Afiyah
JISRev: Journal of Islamic Studies Review Vol. 2 No. 2 (2026): JISRev: Journal of Islamic Studies Review (On Process)
Publisher : LaKaspia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69548/jisrev.2.2.78

Abstract

Indonesia, as a Pancasila-based state, has long experienced dynamic interactions between its national legal system, rooted in the colonial legal tradition, and aspirations for incorporating Islamic legal principles into state governance. This study examines the dialectical relationship between national law and Sharia by analyzing the integration of Islamic values into contemporary public policy in Indonesia. Employing normative legal research, the study adopts conceptual, historical, and statutory approaches to investigate the transformation of Sharia from the private sphere of religious observance into the public domain of state regulation. The findings demonstrate that the integration of Islamic law has evolved from an agenda of formalizing an Islamic state toward a process of legal objectification, whereby normative Islamic values are translated into rational, inclusive, and constitutionally grounded public policies guided by the objectives of Maqāṣid al-Sharīʿah, particularly the promotion of public welfare (maṣlaḥah). This transformation is reflected in several contemporary legal frameworks, including legislation on halal product assurance, zakat management, and Islamic banking. The study concludes that Sharia and national law should not be understood as competing normative systems; rather, Islamic law functions as a substantive source of values that enriches Indonesia’s national legal order. Its integration is most effective when pursued through democratic, constitutional, and deliberative legal processes that promote social justice and accommodate the pluralistic character of Indonesian society.
From Islamic Law to Modern Financial Regulation: Integrating Maqāṣid al-Sharī'ah into Indonesian Legal Framework Siti Afiyah; Ruslan Ruslan; Sapril Sapril; Barli Halim; Sakirman Sakirman
JISRev: Journal of Islamic Studies Review Vol. 2 No. 2 (2026): JISRev: Journal of Islamic Studies Review (On Process)
Publisher : LaKaspia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69548/jisrev.2.2.79

Abstract

Indonesia, as the world's largest Muslim-majority nation, has undertaken significant legislative and regulatory efforts to integrate Islamic legal principles into its modern economic framework. This study examines the transformation of Islamic law particularly through the lens of maqāṣid al-sharīʿ'h (objectives of Islamic law) into Indonesia's contemporary financial regulatory architecture. Employing a qualitative normative-empirical legal research methodology, this research analyzes primary legislative texts, regulatory instruments from the Financial Services Authority (Otoritas Jasa Keuangan, OJK), fatwas of the National Sharīʿah Board (Dewan Syariah Nasional–Majelis Ulama Indonesia, DSN-MUI), and semi-structured interviews with 15 key informants comprising regulators, Sharī'ah scholars, and practitioners. The findings reveal three critical dimensions of transformation: normative adaptation through a legislative-referential model, institutional transplantation via dual-authority governance between OJK and DSN-MUI, and procedural hybridization in compliance mechanisms. The study identifies a persistent "dual-compliance friction" between Sharīʿah governance and conventional financial regulation, manifesting in substantive, institutional, and procedural tensions. Importantly, the research documents an emergent shift toward maqāṣid-based regulatory reasoning within Indonesian Islamic finance governance, offering a promising pathway for harmonizing Islamic economic ethics with modern regulatory demands. The study concludes that maqāṣid-oriented legislative hermeneutics can enhance regulatory coherence, reduce compliance friction, and strengthen the ethical foundations of Indonesia's Islamic economic law.
Harmonizing Family Law with International Human Rights Standards: Comparative and Legislative Reform Perspectives Siti Afiyah; Ahmad Khaerul Kholidi; Muhammad Musip; Lalu Muhammad Sulhan Zihadi
JISRev: Journal of Islamic Studies Review Vol. 2 No. 2 (2026): JISRev: Journal of Islamic Studies Review (On Process)
Publisher : LaKaspia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69548/jisrev.2.2.82

Abstract

Family law is a critical site where Islamic legal traditions, state regulation, social practice, and international human-rights standards intersect. In Muslim-majority jurisdictions, tensions surrounding gender equality, marriage, polygamy, divorce, child marriage, custody, maintenance, and marital property raise a broader question of how legal reform can protect human dignity without treating Islamic law as inherently incompatible with contemporary rights. This article employs normative legal research using statutory, conceptual, comparative, and case-oriented approaches. It examines international human-rights instruments, Indonesian constitutional and statutory law, the Compilation of Islamic Law, and comparative reform experiences in Morocco, Tunisia, Malaysia, and India, supplemented by recent scholarship on Indonesia. The analysis finds that sustainable harmonization is best understood as dialogical normative translation rather than one-sided legal transplantation. Five mutually reinforcing pathways are emphasized: contextual ijtihad and maqāṣid al-sharīʿah reasoning; rights-based legislative reform; gender- and child-sensitive adjudication; comparative legal learning; and participatory accountability through civil society and international monitoring. The Indonesian experience demonstrates that formal legislative progress, including the 2019 marriage-law reform, may be weakened by implementation gaps, particularly through marriage dispensations and uneven judicial practice. The article therefore proposes a six-dimensional framework combining international human-rights benchmarks, contextual Islamic jurisprudence, legislative reform, judicial sensitivity, institutional implementation, and participatory legitimacy. This model seeks to reconcile religious legitimacy and universal rights while strengthening substantive family justice.
Co-Authors Ahmad Khaerul Kholidi Ahmad Masfu Barli Halim Komaruddin Komaruddin Lalu Muhammad Sulhan Zihadi Muhammad Atiq Muhammad Musip Murahim Murahim Ruslan Ruslan Sakirman Sakirman Sapril Sapril