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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Anthroposia: Journal of Social and Human Development
Olivia Tiara 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.
Pemeriksaan Perdamaian dalam Arbitrase: Dasar Putusan Arbitrase untuk Menjamin Keadilan Olivia Tiara Dewi; Mirna Nirmala Sari Harahap
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/pzetk309

Abstract

Arbitration is designed as an alternative dispute resolution mechanism that emphasizes efficiency, finality, and party autonomy. Nevertheless, the pursuit of justice within arbitration requires procedural safeguards that ensure fairness and balance between the disputing parties. One essential aspect in this regard is the examination of settlement during arbitral proceedings. This study analyzes the role of settlement examination as the legal basis of arbitral awards in guaranteeing justice, viewed through the perspective of Indonesian arbitration law. Using a normative legal research method, this paper examines statutory regulations, legal doctrines, and relevant scholarly opinions concerning arbitration and settlement mechanisms. The findings indicate that settlement examination strengthens substantive and procedural justice by providing space for dialogue, preventing inequality of bargaining positions, and enhancing voluntary compliance with arbitral awards. Moreover, arbitral awards that consider settlement aspects demonstrate stronger legitimacy and lower risks of annulment or enforcement disputes. The study concludes that settlement examination does not diminish the final and binding nature of arbitral awards, but rather enhances their quality and credibility. Accordingly, the integration of settlement examination should be regarded as a fundamental element in realizing just and effective arbitration.  
Co-Authors Anita Dewi Mirna Nirmala Sari Harahap Zihan Fauziah