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All Journal Ideas: Jurnal Pendidikan, Sosial dan Budaya Journal of Law, Poliitic and Humanities PENA LAW: International Journal of Law Islamic Thought Review
Muzakki, Fauzan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Islamic Thought Review

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Judicial Sequestration in Al-Ghazali's Ethical Framework: An Islamic Perspective on Judicial Reform in Indonesia Khoiriyah, Khoiriyah; Muzakki, Fauzan
Islamic Thought Review Vol. 3 No. 1 (2025): June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/itr.v3i1.8851

Abstract

Judicial independence is a foundational principle in ensuring the rule of law and public trust in the judiciary. In Indonesia, this principle faces serious challenges due to recurrent judicial corruption, as revealed by multiple bribery sting operations involving judges. This article examines the concept of judicial sequestration—the isolation of judges from external influences during adjudication—as a potential safeguard for judicial impartiality. Drawing upon Al-Ghazali’s ethical framework, the study argues that effective judicial reform must integrate moral virtues such as piety, independence, and resistance to political and personal pressures. The analysis employs a normative-legal and comparative approach, juxtaposing Al-Ghazali’s judicial ethics with sequestration practices in common law systems. The findings suggest that embedding Islamic ethical values within institutional reform frameworks can enhance judicial integrity and accountability. In particular, a culturally contextualized model of judicial sequestration may serve as a viable mechanism for strengthening judicial independence in Indonesia. This study contributes to ongoing discourse on legal reform by offering a synthesis of classical Islamic thought and modern judicial ethics.
Co-Authors Akkapin, Supaphorn Efrianto, Gatot Hartati S, Sawitri Yuli Khoiriyah Khoiriyah Maharani, Dewi Nadya Setiyono Setiyono Shodiq, Mohamad Djafar Suganda, Atma