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All Journal Sahaja : Journal Sharia and Humanities Al Hukm: Journal of Islamic Legal Studies Ethiconomics
Athia Nur Kamilah
Universiti Utara Malaysia
Religion Humanities Law, Crime, Criminology & Criminal Justice

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The Contribution of the Safavid Dynasty to the Formation of the Islamic Family Law System: Institutionalization of Ja’fari Jurisprudence in Marriage, Divorce, and Inheritance Regulations in Iran Lidia Sandy Kartika; Athia Nur Kamilah; Falih Akmal Wicaksono
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.790

Abstract

This study examines the contribution of the Safavid dynasty (1501–1736) to the formation of the Islamic family law system in Iran, with a particular focus on the institutionalization of Ja'fari jurisprudence in regulating marriage, divorce, and inheritance. Using a historical-juridical approach with qualitative library research methods, the study traces how the Safavid political transformation from a Sufi order (tarīqah) into a Twelver Shi'a state provided the structural foundation for codifying family law norms derived from the Ja'fari school of thought. The findings reveal that the Safavid era introduced significant legal innovations in three key domains: the formalization of permanent (nikāḥ) and temporary (mut'ah) marriage contracts under state-administered sharī'ah courts; the systematization of divorce procedures including ṭalāq, khul', and judicial dissolution; and the implementation of inheritance distribution based on farā'iḍ principles. The study concludes that the Safavid legacy in family law continues to shape Iran's modern legal framework. This study contributes to the existing body of knowledge by providing an integrative analysis that bridges the gap between Safavid political historiography and Islamic legal studies, specifically by disaggregating the institutional mechanisms such as the role of the Ṣadr, the appointment of Shi'a qāḍīs, and the scholarly migration from Jabal 'Āmil through which Ja'fari family law norms were systematically codified and enforced, an area that has been largely overlooked in prior scholarship which tends to treat the Safavid legal system as a monolithic entity without examining its specific innovations in the domains of marriage, divorce, and inheritance regulation.
Dispute Resolution in Islamic Economics: A Comparative Study of Dispute Settlement Mechanisms in Indonesia and Malaysia Dinta Kharisma Almeira; Chetrine Alya Rinaima; Athia Nur Kamilah
Al Hukm: Journal of Islamic Legal Studies Vol. 1 No. 01: Al Hukm: Journal of Islamic Legal Studies (June 2026)
Publisher : Cv. Kayaswara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65097/jils.v1i01.150

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This article provides a comprehensive comparative analysis of Islamic economic dispute resolution mechanisms in Indonesia and Malaysia, two of the largest Muslim-majority nations in Southeast Asia with rapidly expanding Islamic finance sectors. Employing a normative-juridical approach complemented by comparative legal methodology, this study examines the legislative frameworks, institutional architectures, and procedural modalities governing the settlement of Sharia economic disputes in both jurisdictions. The findings reveal that Indonesia adopts a dual-track system wherein the Religious Courts (Pengadilan Agama) exercise primary adjudicatory jurisdiction over Sharia economic disputes following the enactment of Law No. 3 of 2006, while the National Sharia Arbitration Board (Basyarnas) provides alternative dispute resolution services. Malaysia, by contrast, has developed an integrated framework anchored in the Shariah Advisory Council (SAC) of Bank Negara Malaysia, whose rulings possess binding authority over all courts and arbitral tribunals adjudicating Islamic financial matters. The comparative analysis demonstrates that each jurisdiction has developed contextually appropriate mechanisms shaped by distinct constitutional arrangements, colonial legacies, and legal traditions. This article proposes a harmonization framework that leverages the institutional strengths of both systems, offering policy recommendations for enhancing legal certainty, procedural efficiency, and Sharia compliance in Islamic economic dispute resolution across the ASEAN region
Halal FinTech Models and Sharia MSME Strengthening: Digital Financial Inclusion in Indonesia Ahmad Syaifullah; Athia Nur Kamilah; Ade Sofyan Mulazid
Ethiconomics: Journal of Islamic Banking and Finance Vol. 1 No. 01 (2026): Ethiconomics: Journal of Islamic Banking and Finance (June)
Publisher : Jambi Tuah Tengganai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ethiconomics.v1i01.5

Abstract

The rapid expansion of digital finance in the Society 5.0 era has reshaped how Sharia-based Micro, Small, and Medium Enterprises (MSMEs) access capital, conduct transactions, and manage business operations. Despite the strong demographic potential of Muslim-majority markets, Sharia MSMEs continue to face persistent barriers in financial inclusion, including limited access to formal financing, low digital literacy, and weak integration with halal value chains. This study examines the role of Halal FinTech business models in strengthening Sharia MSMEs and formulates strategies for digital financial inclusion. Using a mixed-methods approach, the research surveyed 312 Sharia MSME actors across five major regions in Indonesia and conducted in-depth interviews with 18 key informants from FinTech operators, regulators, and Islamic financial scholars. Quantitative data were analyzed using Structural Equation Modeling-Partial Least Squares (SEM-PLS), while qualitative data were analyzed thematically. The findings reveal that Halal FinTech business models particularly peer-to-peer financing, equity crowdfunding, and Sharia digital payment platforms significantly contribute to the strengthening of Sharia MSMEs through three primary mechanisms: improved capital accessibility, enhanced operational efficiency, and broader market reach. The integration of Sharia compliance, digital literacy programs, and human-centered technology characteristic of Society 5.0 emerges as a strategic foundation for inclusive growth. The study contributes a novel framework that aligns Halal FinTech business architecture with maqashid sharia principles and digital ecosystem requirements.
Co-Authors Ade Sofyan Mulazid Ahmad Syaifullah Chetrine Alya Rinaima Dinta Kharisma Almeira Falih Akmal Wicaksono Lidia Sandy Kartika