Khoirun Nasik
Universitas Trunodjoyo Madura, Bangkalan, Indonesia

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Identifying the Halal Tourism Regulatory Paradox: Integrating Regulatory Impact Assessment and Maqāṣid al-Sharīʿah for Sustainable Development in Madura, Indonesia Khoirun Nasik; Dery Ariswanto; Muhammad Zaenal Abidin; Ahmad Musadad; Tri Pujiati
Mawaddah: Jurnal Hukum Keluarga Islam ##issue.vol## 4 ##issue.no## 2 (2026): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i2.86

Abstract

Although Indonesia is globally recognized as a leading halal tourism destination, its regulatory framework remains fragmented and unevenly institutionalized at the regional level. Madura presents a critical legal case study of this fragmentation: despite its deeply embedded Islamic socio-cultural normative structure, local governments exhibit significant reluctance to formalize halal tourism into regional regulations (Perda). This empirical study investigates this regulatory hesitation by operationalizing a novel analytical model that integrates Regulatory Impact Assessment (RIA) with Maqāṣid al-Sharīʿah. Employing a qualitative research design, the researchers collected data through semi-structured interviews with six key stakeholders, including regional policymakers, tourism agency officials, Islamic scholars (ulama), and local business operators, as well as a thematic analysis of 12 regional policy documents. The analytical integration is operationalized by mapping RIA indicators (cost-benefit assessment, regulatory burden, and administrative compliance) against core Maqāṣid dimensions, specifically safeguarding religion (ḥifẓ ad-dīn) and public wealth (ḥifẓ al-māl). The findings reveal a regulatory paradox: while stakeholders conceptually embrace halal tourism, local governments hesitate to formalize it due to fears of socio-political backlash, administrative redundancy, and uncertain economic yields in a society where Islamic norms are already culturally enforced. Ultimately, the integrated RIA Maqāṣid model demonstrates that normative justification alone is insufficient without empirical policy effectiveness. This study contributes an actionable analytical tool for evaluating legal policy in decentralized Islamic governance contexts.