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All Journal MILRev: Metro Islamic Law Review Jurnal Pengabdian Hukum Indonesia
Zaini Nasohah
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Rethinking Hisbah and Sharia Proceduralism: A Comparative Approach to Justice in Contemporary Islamic Law Mohamad Ridhuan Mohd Zawawi; Wafaa' Yusof; Zaini Nasohah; Anwar Fakhri Omar; Safiyyah Hannah Souit
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10391

Abstract

This study explores the impact of differences between the flexibility of the hisbah system in Islam and the procedural nature of the Syariah criminal enforcement system in Malaysia on the application of contemporary principles of justice. Using a qualitative approach, the research applies deductive content analysis based on primary and secondary sources, including classical Islamic legal texts, statutory laws, journal articles, books, and relevant websites. The data were analysed both descriptively and analytically, and the findings were presented thematically. To ensure data validity and reliability, the researcher used source triangulation. The findings reveal that contemporary justice principles—within the frameworks of hisbah and Syariah proceduralism in Malaysia—have not been applied comprehensively and holistically. Their implementation remains limited to specific areas and does not reflect a balanced integration of procedural, retributive, restorative, and distributive justice. While procedural justice appears to be better protected within the Syariah criminal enforcement system, this does not necessarily mean that justice is fully achieved, as gaps and inconsistencies still exist. In particular, retributive, restorative, and distributive justice require critical re-evaluation, as the procedural rigidity of the current system hinders their effective implementation—especially in terms of the severity and types of punishments imposed. In conclusion, this study highlights the need for reform in Malaysia’s Syariah legal framework. Such reforms may include codifying remand and raid procedures into procedural law, revising statutory sentencing limits, institutionalising restorative justice mechanisms, formally recognising mediation based on these principles, and introducing other necessary legal changes. This research contributes to strengthening the Syariah criminal justice system in Malaysia and promoting the more holistic application of justice principles.
From Justice Broker to Village Mediator: Empowering Village Officials in Family Dispute Resolution Nasrudin, Muhamad; Zulaikha, Siti; Puji Lestari, Enny; Zaini Nasohah; Wijayati, Mufliha
Indonesian Journal of Legal Community Engagement Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.22446

Abstract

This paper reports on community service to shift the role of village officials (pamong desa) from justice brokers to dispute resolution agents. The village civil servants are often used as a reference by disputants when there are family conflicts at the upstream level. Still, sometimes village civil servants make disputants a commodity and living ATM. This service is carried out using the Asset Based Community Development (ABCD) method by presenting a perspective of substantive justice (keadilan hakiki) for women and mubadalah, as well as providing expertise on dispute mediation so that he is able to handle and resolve family disputes earlier. The result is that the village civil servants are very enthusiastic about this empowerment program because they want to maintain the village's reputation and resolve disputes at the village level. Village officials are more gender-sensitive and aware of women's vulnerability as justice seekers. This service succeeded in realizing the importance of peaceful dispute resolution, the basic principles of mediation, and the ability of village officials. This is all beneficial when village officials face family conflicts in the community to act as mediators, not justice brokers. This service initiative further illustrates that the mobilization of community assets constitutes an effective strategy for achieving sustainable problem-solving.
Co-Authors Anwar Fakhri Omar Enny Puji Lestari Mohamad Ridhuan Mohd Zawawi Mufliha Wijayati Nasrudin, Muhamad Safiyyah Hannah Souit Siti Zulaikha Wafaa' Yusof