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Munawir, Zaini
Universitas Medan Area
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Adaptive Arbitration Framework for Cross-Border ESG Dispute Resolution S, Zaini Munawir; Siregar, Taufik
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.51338

Abstract

The resolution of cross-border disputes involving Environmental, Social, and This study examines the effectiveness of arbitration as an adaptive mechanism for resolving cross-border disputes involving Environmental, Social, and Governance (ESG) issues. The increasing integration of sustainability standards, human rights principles, and corporate governance obligations into international trade and investment relationships has generated complex disputes that require flexible yet legally certain resolution mechanisms. This research aims to analyze how arbitration accommodates ESG-related conflicts and to assess the contribution of technological innovation in strengthening procedural efficiency and transparency. The study employed a qualitative normative approach using descriptive-analytical methods based on secondary data, including arbitral awards, bilateral and multilateral treaty frameworks, institutional reports, and recent scholarly literature. The findings demonstrate that arbitration provides procedural flexibility, neutrality, enforceability, and expert-based adjudication capable of addressing technical ESG dimensions. Furthermore, the incorporation of digital technologies such as Online Dispute Resolution (ODR), blockchain-based evidence management, and Artificial Intelligence (AI)-assisted document analysis enhances efficiency, transparency, and cross-border accessibility. However, challenges remain regarding enforcement inconsistencies, public policy limitations, and harmonization gaps among national legal systems. This research contributes by proposing an adaptive arbitration framework that integrates ethical standards, technological innovation, and ESG-sensitive interpretative approaches to ensure sustainability-oriented dispute resolution in the global legal order.
Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1477

Abstract

Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.
Reconstruction of Maqashid al-Shariah Thought in Islamic Intellectual History and Its Relevance to the Development of Contemporary Islamic Law Sofwan Tambunan; Zaini Munawir; Ahmad Senang
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1474

Abstract

The development of modern society presents a variety of increasingly complex legal issues that are often not explicitly discussed in classical Islamic jurisprudence literature. This condition creates the need for a methodological approach capable of bridging the gap between normative Islamic texts and the ever-evolving social dynamics. In this context, the concept of maqasid al-shari'ah becomes an important approach in the development of Islamic legal ijtihad oriented towards the benefit of Allah. This study aims to analyze the development of maqasid al-shari'ah thought in Islamic intellectual history and examine its relevance in the development of contemporary Islamic law. This study uses a qualitative approach with library research methods and historical analysis of the development of the maqasid concept in classical and modern literature. The research data were obtained through a review of the works of ulama usul fiqh as well as the thoughts of contemporary scholars who discuss maqasid theory and its application in Islamic legal methodology. The results show that the concept of maqasid al-shari'ah has undergone significant development in the history of Islamic thought, starting from its initial formulation regarding the benefit in the classical usul fiqh tradition to its broader reinterpretation in modern Islamic thought. These developments demonstrate that maqasid functions not only as a theoretical concept in Islamic legal studies but also as a methodological paradigm that allows Islamic law to adapt to social change without abandoning the fundamental principles of sharia. This study concludes that the maqasid approach has strong relevance in addressing various modern legal problems because it provides a more substantive and contextual interpretative framework. Therefore, the development of maqasid studies needs to continue through an interdisciplinary approach to strengthen the ijtihad methodology and enhance the contribution of Islamic law in addressing legal challenges in the modern era.
Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1477

Abstract

Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.
Islamic Legal Politics in Indonesia: The Dynamics of Sharia Integration in the National Legal System Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1480

Abstract

This study examines the politics of Islamic law in Indonesia and the dynamics of sharia integration within the national legal system. As a Muslim-majority country, Indonesia faces challenges in balancing the aspirations of Muslims with the principles of a pluralistic rule of law. The objectives of this study are to analyze the development of Islamic law from the colonial period to the modern era, to understand the process of integrating Islamic law through formal regulations, and to evaluate the challenges and prospects for the development of Islamic law within the context of national legal politics. The research method used is normative legal research with a statutory, historical, and conceptual approach. Data were obtained through a literature review of laws and regulations, academic literature, historical documents, and previous research on Islamic law and legal politics in Indonesia. The analysis was conducted qualitatively to interpret the relevance of sharia norms, national regulations, and the dynamics of legal politics. The results show that Islamic law in Indonesia developed through a long process of adaptation, starting from limited recognition during the colonial period, through the strengthening of religious courts and marriage law at the beginning of independence, to the integration of sharia economics in the modern era. State legal politics plays a strategic role in determining the direction of legislation, balancing the interests of the Muslim majority with the constitution, and ensuring the effective functioning of Islamic law. Key challenges include social diversity, regulatory harmonization, and implementation capacity. However, development prospects remain open through a maqasid al-Shariah-based approach. In conclusion, the integration of Islamic law in Indonesia is not merely a formality, but part of a national legal framework that is adaptive, relevant, and grounded in justice and the public interest. It is recommended to strengthen the capacity of religious courts, harmonize regulations, and raise public legal literacy to ensure Islamic law plays an optimal role in the national legal system.
Co-Authors A.A. Ketut Agung Cahyawan W Abdul Hafiz Rangkuti Abdul Lawali Hasibuan Ahmad Senang Amrin Mulia Utama Nasution Amrin Mulia Utama, Amrin Mulia Andika Try Anantama Anggreni Atmei Lubis Azwir Agus Babby Hasmayni Christian Situngkir Fatmawati, Eka Fitri Yanni Dewi Siregar H.A. Lawali Hasibuan Harahap, Arifuddin Harahap, Muhammad Yadi Hasibuan, H.A. Lawali Herlina Hanum Harahap Huma Sarah Jihan Fadila Jihan Fadzillah Khairun Nisa Khozanah Ilma Terok Mahalia Nola Pohan Marsella Marsella Martinus Halawa Mina, Revi Fauzi Montayana Meher Muhammad Yusrizal Adi Syaputra Nadya Francela Hasibuan Nasrullah Pagar, Pagar Panjaitan, Budi Sastra Pasaribu, Indri Yani Rafiqi Rahalim Raja Muda Harahap Raudha Anggraini Tarigan Ridho Mubarak Riswan Munthe Rizkan Zulyadi Simanungkalit, Monica Dameria Vicarista Sintha Dewi Silalahi Siregar, Taufik Sofwan Tambunan Sri Hardini Sri Hardini, Sri Sri Hidayani Sri Hidayani Syahmedi, Ramadhan Taufik Siregar Waridah Waridah Waridah Waridah, Waridah William Vincent Purba Windy Sri Wahyuni