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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Anthroposia: Journal of Social and Human Development
Zihan Fauziah
Universitas Muhammadiyah Jakarta
Law, Crime, Criminology & Criminal Justice

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Maqasid Al-Syariah as the Foundation for the Development of Contemporary Islamic Law Zihan Fauziah; Anita Dewi; Olivia Tiara Dewi
Anthroposia: Journal of Social and Human Development Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/rk93ng67

Abstract

This study examines Maqasid Al Shariah as a foundational framework for the development of contemporary Islamic law in response to changing social, economic, institutional, and regulatory realities. Employing a non empirical library research design with a normative conceptual approach, the study analyzes classical and contemporary scholarly works to explore the theoretical foundations, operational functions, and future relevance of maqasid based legal reasoning. The findings indicate that Maqasid Al Shariah has evolved from a doctrinal theory of legal objectives into a comprehensive framework that guides contemporary ijtihad, legal interpretation, and institutional governance. The study demonstrates that maqasid facilitates the adaptation of Islamic law to contemporary issues in family law, Islamic finance, banking governance, economic fatwas, social development, and environmental sustainability while preserving the normative integrity of Shariah principles. The analysis also reveals significant challenges arising from interpretative diversity, legal pluralism, globalization, digital transformation, and regulatory complexity. Despite these challenges, the maqasid approach provides a coherent mechanism for balancing textual authority with contextual realities. The study concludes that Maqasid Al Shariah remains a dynamic and transformative foundation for sustainable Islamic legal reform and contemporary legal development.
Prosedur Berperkara dalam Sistem Arbitrase: Studi perbandingan antara BANI dan BASYARNAS Reviana Putri Fadillah; Zihan Fauziah; Sawitri Yuli Hartati S
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/w3x8vc85

Abstract

This study examines the procedural framework governing dispute resolution before the Indonesian National Arbitration Board (BANI) and the National Sharia Arbitration Board (BASYARNAS), focusing on how both institutions construct and implement their respective adjudication stages. The analysis highlights that BANI operates with a highly systematized set of procedural guidelines supported by detailed administrative mechanisms, offering clarity and predictability for parties involved in commercial disputes. BASYARNAS, in contrast, integrates sharia principles into its procedural model, resulting in a hybrid structure that aligns national arbitration law with substantive Islamic legal norms, particularly in matters arising from muamalah-based contractual relationships. Both systems share the objective of providing efficient, confidential, and enforceable dispute settlement processes, yet the procedural differences observed demonstrate the need for further harmonization. Strengthening standardization, enhancing transparency, and improving institutional synergy between the two models may contribute to a more coherent national arbitration landscape. The findings provide an analytical foundation for future policy development and institutional refinement within Indonesia’s arbitration system.
Co-Authors Anita Dewi Olivia Tiara Dewi Reviana Putri Fadillah Sawitri Yuli Hartati S