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All Journal al-Mawarid Jurnal Syariah dan Hukum (JSYH) International Journal of Islamic Thought and Humanities Nusantara: Journal Of Law Studies
Abubakar Muhammad Jibril
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences

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Redefining Consent in Digital Contracts through Electronic Signatures in Islamic Law Faizin, Mu'adil; Souad Ezzerouali; Abubakar Muhammad Jibril; Raha Bahari
International Journal of Islamic Thought and Humanities Vol. 4 No. 2 (2025): International Journal of Islamic Thought and Humanities
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/ijith.v4i2.637

Abstract

Academic debate on the validity of digital contracts persists, particularly concerning whether electronic signatures can substitute ijab-qabul in Islamic law. This study examines the status of electronic signatures in Islamic contract law and Indonesian regulations by integrating normative legal analysis with an empirical survey of 29 business practitioners across Indonesia who employ digital contracts. The results demonstrate that 82% of respondents consider electronic signatures legally binding under current norms, 76% regard them as fully equivalent to handwritten signatures in representing contractual consent, and 88% affirm their role in enhancing trust and efficiency in transactions. These findings confirm that the essential principles of consent, object clarity, and party competence are preserved in digital form while aligning with statutory recognition in Indonesian law. The study contributes to contemporary Islamic contract law by providing empirical evidence that reinforces theoretical arguments, offering doctrinal insight and practical implications for developing sharia-compliant digital contracts in the digital age.
Tashwir Between Tradition and Modernity: Contemporary Debates in Hadith and Scholarly Thought Ramadan Subhi; Karnedi, Rozian; Abubakar Muhammad Jibril
NUSANTARA: Journal Of Law Studies Vol. 3 No. 02 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17382483

Abstract

Drawing, sculpture, and photography have evolved from mere artistic expressions into recognized academic disciplines, taught in universities worldwide, and even forming the basis of specialized faculties. Beyond aesthetics, these creative practices have become sources of livelihood and cultural identity in the modern era. However, their development raises profound theological and legal questions within Islamic discourse, particularly concerning the concept of taṣwīr as addressed in hadith and classical juristic thought. This study aims to explore the perspectives of hadith and Islamic scholars on taṣwīr, examining its legal, theological, and ethical dimensions. Employing a library research method, the study systematically analyzes textual sources from canonical hadith collections and the opinions of classical and contemporary scholars. The findings reveal that authentic hadiths contain stern warnings against image-making, primarily due to concerns about idolatry (shirk), imitation of divine creation, and the potential moral corruption (fitnah) associated with representational art. Scholars’ interpretations of these texts, however, vary significantly. Some jurists permit taṣwīr under specific contexts, viewing artistic representation as permissible so long as it does not promote polytheism or moral deviation. Others, predominantly from the Ḥanafī, Shāfiʿī, and Ḥanbalī schools, adopt a stricter stance, declaring all forms of image-making—whether two-dimensional or three-dimensional—as categorically prohibited, a position even regarded as ijmāʿ (consensus) by al-Nawawī, except for the Mālikī school. In contemporary discourse, this study contributes academically by bridging classical hadith interpretations with modern contexts of visual culture, including photography and digital media. 
HYBRID AUTHORITY AT THE INTERSECTION OF CONSTITUTION AND SHARIA: JURISDICTIONAL DILEMMAS AND THE ENFORCEMENT OF ISLAMIC FAMILY LAW IN NIGERIA Abubakar Muhammad Jibril; Thomas Sheku Marah; Nura Sani Yusuf; Jelly Akter; Hoda Gueddi; Sulaiman Dalha Ahmad
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art3

Abstract

Purpose – This study examines why the constitutional recognition of Sharia family courts in Nigeria has failed to resolve ongoing tensions over power, legitimacy, and jurisdiction, revealing a structural dilemma in which constitutional supremacy and Sharia authority coexist without meaningful integration. Methods – This study uses a normative legal method based on doctrinal analyses. Primary data include constitutional provisions and legal instruments governing Sharia courts, while secondary data consist of established scholarly studies on Islamic legal theory, constitutional law, and legal pluralism. Data were analyzed using interpretive and analytical techniques to assess jurisdictional structures, sources of authority, and adjudication patterns. Findings – These findings show that Islamic family law in Nigeria operates through a dual structure of constitutional legality and religious legitimacy, resulting in the persistent fragmentation of authority that produces doctrinal inconsistency, judicial minimalism, and institutional caution. Rather than offering a principled framework for coexistence, constitutional supremacy functions primarily as a mechanism of subjugation, placing Sharia family law in a state of formal validity but with normative uncertainty. Thus, the stability of Islamic family law does not arise from the resolution of conflicts of authority but rather from the ability of the judicial system to manage normative tensions through case-specific accommodations within a stable but conceptually fragile space of legal pluralism. Research contribution/limitations – This study is limited to normative legal analysis and does not include empirical court data or litigants’ perspectives. Therefore, the conclusions cannot be generalized beyond doctrinal interpretations. Originality/value – This study offers a conceptual reframing of Islamic family law as a semi-autonomous normative subsystem within the constitutional order, contributing to the debate on legal pluralism and religious courts.
Co-Authors Faizin, Mu'adil Hoda Gueddi Jelly Akter Karnedi, Rozian Nura Sani Yusuf Raha Bahari Ramadan Subhi Souad Ezzerouali Sulaiman Dalha Ahmad Thomas Sheku Marah