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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Substantive Justice International Journal of Law Jambe Law Journal Mazahibuna: Jurnal Perbandingan Mazhab Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Mazahib: Jurnal Pemikiran Hukum Islam Trunojoyo Law Review Journal of Indonesian Constitutional Law Indonesian Journal of Advocacy and Legal Services International Law Discourse in Southeast Asia Islamic Law and Social Issues in Society Islamic Law and Social Issues in Society
Ezzerouali, Souad
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 13 Documents Claim Missing Document
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War in Islamic Law and International Humanitarian Law: The Gaza Case 2023–2026 Ezzerouali, Souad; Sungay, Mohamed Hoosain
Islamic Law and Social Issues in Society Vol. 2 No. 1 (2026): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v2i1.27

Abstract

Scholarship on the interaction between Islamic law and international humanitarian law (IHL) has grown considerably, yet much of it remains confined to abstract doctrinal comparison and has yet to engage seriously with how these frameworks operate in real armed conflicts shaped by religious identity. This study addresses that lacuna through a focused examination of the 2023–2026 Gaza conflict, in which legal norms, religious identity, and military practice intersect. The analysis asks how the principles of distinction and proportionality are understood within fiqh al-jihād and IHL with respect to civilian protection, and how those interpretations shape application in asymmetric conflicts involving both state and non-state actors. Employing a qualitative, comparative, and socio-legal methodology, the study advances three principal findings. First, both legal traditions affirm an obligation to protect civilians through the principles of distinction, proportionality, and humanity, although they rest on distinct normative foundations. Second, divergences in practice arise less from doctrinal conflict than from political interest and the strategic deployment of legal narrative by the parties. Third, these dynamics sustain persistent gaps in civilian protection that are often entrenched by selective legal framing and weak accountability. Based on these findings, the study proposes a “Gaza Convergence Model” as a framework for more operational engagement between the two traditions. By aligning shared principles while acknowledging irreducible differences, the model seeks to strengthen both the legitimacy and the effectiveness of civilian protection in armed conflict. More broadly, the study argues for culturally grounded legal approaches and for sustained dialogue between religious and international legal orders.
Wasathiyah (Islamic Moderation) and Islamophobia Mitigation: A Comparative Study in Contemporary Islamic Legal Thought in Indonesia Thohir, Ajid; Ridwan, Ahmad Hasan; Fatahillah, Ikhwan Aulia; Ezzerouali, Souad; Safrudin, Irfan
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.66087

Abstract

The contemporary escalation of global Islamophobia poses significant challenges not only to social cohesion but also to the legitimacy of Islamic law within modern constitutional frameworks, where it is often perceived as incompatible with universal human rights norms. Despite the expanding discourse on religious moderation, limited attention has been given to evaluating the effectiveness of Indonesia’s Islam Wasathiyah legal framework from a comparative Islamic legal perspective. This study aims to examine the institutionalization of wasathiyah principles within Indonesian Islamic governance and to assess their potential in addressing Islamophobic narratives. Employing a normative juridical approach with a comparative legal framework, this research draws on primary sources including fatwas, state regulations, and policy documents, supported by relevant scholarly literature, and analyzes them through a maqāṣid al-sharī‘ah-based approach combined with doctrinal legal analysis. The findings indicate that the institutionalization of Islam Wasathiyah—through authoritative fatwa mechanisms and state-supported policies—has contributed to the development of a relatively adaptive and inclusive juridical-sociological framework; compared to more rigid approaches in several Muslim jurisdictions, the Indonesian model demonstrates a greater capacity to accommodate pluralism and respond to contemporary socio-legal challenges, including Islamophobic discourse. This study contributes to contemporary Islamic legal scholarship by offering a contextualized model of religious governance grounded in maqāṣid al-sharī‘ah, which has the potential to strengthen the position of Islamic law within pluralistic societies while providing a constructive framework for mitigating Islamophobia.
Legalization or Enforcement? Fiscal Justice and MSME Protection in Indonesia’s Thrifting Policy Ibnususilo, Efendi; Shalihah, Fithriatus; Hariz, Hajar Salamah Salsabila; Barak, Ahmed Mohamed; Ezzerouali, Souad
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/nw2xcw05

Abstract

This article addresses the policy dilemma surrounding Indonesia’s prohibition on imported used clothing, which pits trade law enforcement and domestic textile protection against the socio-economic survival of thrifting merchants operating as MSMEs. It investigates whether taxing these activities can be justified when the underlying traded goods remain legally banned. While previous legal scholarship has treated trade restrictions, tax law, and MSME protection in a fragmented manner, this study establishes a novel, integrated research position by examining these intersecting regimes through a unified normative legal framework. Using a normative juridical method, the paper evaluates relevant laws, regulations, and tax court decisions through statutory, conceptual, and public policy approaches. The discussion demonstrates that direct taxation of prohibited imported goods creates severe normative ambiguity and fails to satisfy substantive fiscal justice. However, the study concludes that a "non-legitimate transitional scheme" is legally viable. This alternative policy separates the legal status of the goods from the business subjects, limiting taxation strictly to lawful domestic economic aspects while actively providing business conversion and structured MSME empowerment support.
Co-Authors Adinda, Fadhel Arjuna Agustus Sani Nugroho & Ema Rahmawati Heryaman, Agustus Sani Nugroho & Ahmad, Miftahuddin Ajid Thohir Amrullah, Said Anaya, Hamid Banane, Mohamed Cheick Banane, Mohamed Cheikh Barak, Ahmed Mohamed Chami, Yassine Efendi Ibnususilo Elzein, Ahmed Mohamed Eman Suparman Fatahillah, Ikhwan Aulia Fithriatus Shalihah Hariz, Hajar Salamah Salsabila Harry Nugroho, Harry Irawaty Irawaty Irfan Safrudin Jannah, Raudlotul M. Yusuf Masrukhi Masrukhi Radouane El mountafia Ridwan Arifin Ridwan, Ahmad Hasan Sanni, Tajudeen Satrio Sakti Nugroho, Satrio Sakti Sungay, Mohamed Hoosain Tawwabuddin, Tawwabuddin