Claim Missing Document
Check
Articles

Found 12 Documents
Search

RECONFIGURING SHARIAH ECONOMIC LEGALITY: A NORMATIVE–JURIDICAL ANALYSIS OF ISLAMIC FINANCIAL GOVERNANCE Amin Zaki; Ahmed Al Fahad; Sarah Williams
Sharia Oikonomia Law Journal Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i1.3553

Abstract

Islamic finance has expanded rapidly within diverse regulatory environments, raising critical questions about how Shariah economic legality is constructed and maintained. Legal interpretations in this field are shaped not only by formal compliance mechanisms but also by normative jurisprudence, institutional arrangements, and market dynamics, creating a complex and often fragmented governance landscape. This study aims to examine how Shariah legality is configured and to propose a reconfigurative framework that integrates normative and juridical perspectives within Islamic financial governance. A qualitative normative–juridical research design is employed through systematic analysis of 85 legal documents, including fatwas, regulatory frameworks, and international standards across multiple jurisdictions. Analytical matrices and coding techniques are used to identify patterns of legal reasoning, institutional structures, and interpretive authority. The findings reveal that centralized governance systems enhance consistency and innovation, while decentralized systems preserve interpretive diversity but increase legal fragmentation. Compliance-based standardization improves procedural clarity yet fails to eliminate epistemological divergence. These results indicate that Shariah economic legality is a dynamic construct shaped by continuous negotiation between doctrinal principles and institutional practices. The study concludes that effective Islamic financial governance requires integrative models that balance normative integrity with regulatory functionality, supporting both coherence and adaptability in a rapidly evolving financial environment.
FROM FIQH TO POLICY INSTRUMENT: THE LEGAL TRANSFORMATION OF ISLAMIC ECONOMIC PRINCIPLES Omar Al Fahim; Fatima Al Mazrouei; Sarah Williams
Sharia Oikonomia Law Journal Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i1.3589

Abstract

Islamic economic principles have undergone significant transformation as they move from classical fiqh-based reasoning into contemporary policy instruments within modern governance systems. This shift reflects increasing institutionalization, regulatory demands, and integration into global financial frameworks, raising questions about how normative legal doctrines are reinterpreted and operationalized. This study aims to examine the nature of this legal transformation and to analyze how jurisprudential principles are translated into enforceable policy frameworks across different institutional contexts. A qualitative normative–juridical research design is employed through systematic analysis of 94 legal documents, including classical texts, fatwas, and regulatory standards from multiple jurisdictions. Analytical matrices and thematic coding are used to identify patterns of doctrinal adaptation, institutional mediation, and policy codification. The findings reveal that legal transformation is a multi-layered process involving doctrinal preservation, interpretive mediation, and regulatory abstraction, often resulting in reduced normative depth as principles become standardized. Institutional governance plays a critical role in shaping the extent to which ethical foundations are retained or simplified. The study concludes that the transformation from fiqh to policy instrument requires integrative governance models that balance interpretive richness with regulatory functionality, ensuring alignment between normative objectives and contemporary economic realities.