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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Anthroposia: Journal of Social and Human Development
Anita Dewi
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.
Penalaran Arbiter: Standar Penilaian Bukti dalam Arbitrase Syariah Audrey Naanthali Saputra; Anita Dewi; 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/avzvzt29

Abstract

This research examines the evidentiary process in sharia arbitration, particularly within the National Sharia Arbitration Board (BASYARNAS), by employing a normative juridical approach. The study focuses on analyzing written legal norms and legal principles governing evidence in sharia arbitration, as regulated under Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 21 of 2008 on Sharia Banking, and the BASYARNAS Procedural Rules. Primary legal materials consist of statutory regulations and relevant arbitration decisions, while secondary and tertiary materials include legal literature, academic journals, and legal dictionaries. The collected data are analyzed using descriptive-analytical methods and a comparative approach to identify differences between general arbitration and sharia arbitration evidentiary standards. The findings indicate that the evidentiary framework in sharia arbitration reflects flexibility and efficiency while adhering to sharia principles. Nevertheless, several challenges remain, particularly concerning the clarity of evidentiary standards and the adaptation to contemporary forms of evidence. Strengthening regulatory harmonization is therefore essential to enhance legal certainty and effectiveness in resolving sharia economic disputes through arbitration.
Co-Authors Audrey Naanthali Saputra Olivia Tiara Dewi Sawitri Yuli Hartati S Zihan Fauziah