Habibul Akhiar
Al-Azhar University

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Digital Behaviorism among Muslim Communities on Social Media from the Perspective of Islamic Law Firdaus Arifin; Deni Fadly; Habibul Akhiar; Damarkunsi Majasius; Sri Rahmadhani
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1360

Abstract

This study aims to analyze the transformation of Islamic law in response to the growing influence of digital behaviorism within modern Muslim communities, particularly through behavioral patterns observed on social media platforms such as Facebook and X (formerly Twitter). Digital behaviorism, rooted in classical behaviorist theories of Watson and Skinner, interprets human actions as stimulus-response mechanisms. In the digital era, this concept has evolved into data-driven models powered by algorithms that track, predict, and influence user behavior. Using a qualitative approach enhanced by big data analysis, this research collects and examines digital user interactions through sentiment analysis, metadata tracking, and keyword mapping related to religious expressions, ethical judgments, and social engagement. The findings show that digital behaviorism reduces human conduct to observable patterns and external stimuli, excluding key Islamic legal concepts such as niyyah (intention), ikhtiyar (free will), and taklif (moral responsibility). This creates a fundamental epistemological conflict with Islamic law, which views human beings as spiritual and moral agents accountable to divine guidance. The study concludes that while digital behaviorism provides useful insights for understanding contemporary social behavior, it cannot be used as a foundational framework for Islamic legal reasoning. Instead, it should serve as a supplementary analytical tool that supports a broader, value-based legal framework rooted in the objectives of Islamic law (maqasid al-shariah). The academic contribution of this research lies in its proposal for an integrative model that bridges modern behavioral science and Islamic jurisprudence, offering a responsive and ethically grounded legal approach in the digital age.
Legislative Legitimacy in Multicultural States: West Sumatra Province Law and Indigenous Peoples' Exclusion Firdaus Arifin; Hardi Putra Wirman; Bagas Ihsanul Umam; Habibul Akhiar; Dea Maulvia Selfitri
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1821

Abstract

This study examines the legislative legitimacy of Article 5 letter c of Law Number 17 of 2022 concerning West Sumatra Province following Constitutional Court Decision Number 97/PUU-XX/2022, focusing on whether the recognition of Minangkabau cultural identity through adat basandi syara’, syara’ basandi Kitabullah (ABS-SBK) reflects legitimate lawmaking while accommodating the recognition and participation of other Indigenous communities in a multicultural society. Employing an empirical juridical method, this study combines statutory, conceptual, comparative, and Islamic legal approaches with field research conducted in West Sumatra from January to April 2026. Primary data were collected through semi-structured interviews with Indigenous leaders, legislators, government officials, constitutional and Islamic law scholars, and civil society representatives, while secondary data included constitutional provisions, Law Number 17 of 2022, Constitutional Court decisions, legislative documents, Islamic legal literature, and international instruments concerning Indigenous Peoples’ rights. The findings reveal that the Constitutional Court affirmed the constitutionality of Article 5 letter c as a recognition of regional cultural identity; however, the provision continues to raise substantive legitimacy concerns due to limited accommodation of other Indigenous identities, particularly the Mentawai Indigenous Peoples. The study concludes that legislative legitimacy in multicultural states requires not only constitutional recognition but also meaningful participation, legal pluralism, and protection of diverse cultural identities. As an academic contribution, this research develops an analytical framework connecting Indigenous rights, multicultural constitutionalism, and Islamic legal values to strengthen inclusive lawmaking and contribute to international comparative constitutional scholarship.