Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Punggawa Law Review Punggawa Global Research
Muhammad Fauzi F Bachrong
Universitas Islam Negeri Alauddin

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Environmental Fiqh Beyond Moral Authority: Translational Enforceability in Climate Governance Muhammad Fauzi F Bachrong
Punggawa Global Research: Jurnal Multidisiplin Vol. 1 No. 2 (2026): Punggawa Global Research
Publisher : Punggawa Legacy Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67707/pgr.v1i2.54

Abstract

Climate change has increasingly been governed through carbon measurement, emission targets, and administrative control. This article examines a less explored question, namely how environmental fiqh can acquire policy force within a national legal system that does not formally recognize fatwa as legislation. Focusing on Fatwa MUI No. 86 of 2023 on the law of controlling global climate change, the study uses normative legal research with statutory, conceptual, and maqāṣid-based analysis. The article argues that the fatwa gives climate change a juridical form by linking ecological harm to mafsadah, mitigation to responsibility, and climate restraint to the protection of public welfare. Yet this religious-normative force does not create direct legal enforceability under Indonesian national law. A fatwa cannot impose sanctions, alter licences, or create public duties without being reformulated by competent state institutions. The main contribution lies in the concept of translational enforceability. Environmental fiqh becomes legally meaningful when its principles are selected, translated into public reasons, and embedded into valid policy instruments such as administrative standards, climate education, procurement rules, reporting duties, or licensing requirements. This model avoids both symbolic adoption and direct incorporation. It preserves constitutional legality while allowing Islamic legal reasoning to enrich climate governance through harm prevention, just transition, and intergenerational responsibility.
Can a Brain Scan Reclassify Murder? Neuroevidence and the Boundary between ʿAmd, Shibh al-ʿAmd, and Khaṭaʾ Muhammad Fauzi F Bachrong
Punggawa Law Review Vol. 1 No. 4 (2026): Punggawa Law Review: September - October
Publisher : Punggawa Legacy Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67707/plr.v1i4.194

Abstract

This study examined whether neuroevidence could alter the juridical classification of homicide in Islamic criminal law. It used a non-empirical qualitative design based on a focused narrative conceptual review of Islamic criminal-law scholarship on intentional homicide, quasi-intentional homicide, accidental killing, criminal intent, and responsibility, together with selected neurolaw and neuroscience literature on volition, executive control, and neurocognitive impairment. The analysis clarified the relevant concepts, compared the two literatures, and interpreted the juridical significance of neuroevidence. It found that intentional homicide, quasi-intentional homicide, and accidental killing did not form a neurological continuum and that executive-control impairment did not itself negate homicidal intent. Brain findings also remained separated from the offender's historical mental state by a substantial inferential gap. The study proposed a four-level model distinguishing capacity, intention, act classification, and penal consequence. It concluded that neuroevidence could contribute to reclassification only indirectly when tied to a doctrinally relevant proposition, while quasi-intentional homicide should not become a residual category for impaired control.
Co-Authors