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INDONESIA
IJOIS: Indonesian Journal of Islamic Studies
Published by Civiliza Publishing
ISSN : -     EISSN : 27457745     DOI : -
Core Subject : Religion, Economy, Humanities, Education, Social,
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences
Indonesian Journal of Islamic Studies, is a double-blind peer-reviewed journal published by Civiliza Publishing, Indonesia. The journal publishes research articles, conceptual articles, reports field studies and book reviews of islamic studies (See Focus and Scope). The articles of this journal are published every six months (2 issues per year)
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 123 Documents
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Reimagining Judicial Reasoning: The Legal Implications of Neurotechnology in Child Custody Adjudication Kuswendi, Aten; Artiyanto, Artiyanto; Novarisa, Septia
IJoIS: Indonesian Journal of Islamic Studies Vol. 7 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1499

Abstract

This study examines the juridical implications of neurotechnology in judicial reasoning within child custody adjudication. While existing scholarship in neurolaw has largely focused on criminal justice, limited attention has been given to its application in family law, particularly from a doctrinal and evidentiary perspective. Addressing this gap, the study employs a normative legal research approach to analyse the evidentiary status of neurotechnology and its role in supporting judicial decision-making. Child custody adjudication, guided by the best interests of the child, often relies on interpretative assessments that may generate subjectivity and inconsistency. Neurotechnologies such as functional magnetic resonance imaging (fMRI) and electroencephalography (EEG) offer potential empirical insights into psychological and emotional conditions relevant to parental capacity. However, the findings demonstrate that although neurotechnology may be classified as expert scientific evidence, its admissibility remains contingent upon established standards of relevance, reliability, and scientific validity. The study further identifies a critical epistemic gap between neuroscientific data and legally meaningful conclusions, indicating that neurotechnology does not eliminate subjectivity but rather reconfigures it through expert interpretation. Accordingly, this research argues that neurotechnology must be positioned as a supplementary evidentiary tool rather than a determinative basis for judicial decisions. This study contributes theoretically by extending neurolaw into the domain of family law and normatively by proposing a regulatory framework that emphasises procedural safeguards, protection of individual rights, and the preservation of judicial discretion.
Sufi Dance in the Qur'an, Hadith, and Psychology: A Critical Reassessment of Spiritual Claims and Therapeutic Benefits Azhary, Muhammad Royyan Faqih; Massolihin, Edi; Mustopa, Andi; bin Asis, Joharis; Afif, Muthohharun
IJoIS: Indonesian Journal of Islamic Studies Vol. 7 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1502

Abstract

This study aims to critically analyze Sufi Dance, also known as Whirling Dervish, from three interdisciplinary perspectives: the Qur'an, Hadith, and Psychology. Existing studies lack an integrated critical analysis combining Qur'anic, hadith, and psychological perspectives. Using a qualitative library research method with a content analysis approach combined with sanad (chain of narrators) and matan (text) criticism, this research investigates the epistemic origins of Sufi Dance as a spiritual expression within Sufism, its claimed religious foundations, and its psychological impacts. The findings reveal a significant discrepancy between its spiritual claims and its empirical benefits. From the Qur'anic perspective, there is no direct or sound evidence supporting Sufi Dance as a prescribed form of worship, as the often-cited verse from QS. Sad: 33 is interpreted through a weak and overly liberal analogy. From the Hadith perspective, critical analysis of sanad and matan demonstrates that the narrations used to justify this practice are either weak (da'if) or forged (maudhu'), while authentic hadiths about expressions of joy are contextualized as permissible entertainment rather than established ritual worship. Conversely, from the psychological perspective, Sufi Dance shows substantial benefits as a form of spiritual psychotherapy, where structured movement combined with dhikr (remembrance of God) induces mental calmness and inner peace, and fosters positive behavioral changes such as increased patience, focus, and self-confidence. In conclusion, while Sufi Dance lacks valid foundations as ritual Islamic worship (ibadah mahdhah) from the primary sources of Sharia, it holds significant value as a cultural heritage and a psycho-spiritual discipline for mental well-being. This study recommends a clear distinction between its religious claims and its cultural-psychological utility to prevent theological confusion while appreciating its therapeutic role. The contributions of this research are twofold: first, a normative contribution through the application of hadith criticism to the practice of Sufi Dance, and second, an interdisciplinary contribution integrating Sharia and psychological perspectives.
Paralegals as Agents of Legal Empowerment: Bridging Access to Justice and Maqasid al-Shariah in Rural Indonesia Fathurrozi, Adi; Sa'ada, Sri Lum'atus; Pujiono, Pujiono
IJoIS: Indonesian Journal of Islamic Studies Vol. 6 No. 2 (2025): Indonesian Journal of Islamic Studies
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1516

Abstract

Access to justice for underprivileged communities remains a persistent challenge in many developing countries, including Indonesia, where economic constraints, limited legal literacy, and restricted access to formal legal institutions hinder the realization of legal rights. While prior studies have examined legal empowerment and access to justice, they largely overlook the integration of Islamic normative frameworks, particularly Maqasid al-Shariah, within empirical community-based practices. This study addresses this gap by examining the role of paralegals as agents of legal empowerment in rural contexts and analyzing how their practices bridge access to justice and maqasid-oriented values. Using a qualitative empirical case study design, this research was conducted in Tlogosari Subdistrict, Bondowoso Regency, involving purposively selected participants. Data were collected through in-depth interviews, participant observation, and document analysis, and analyzed using thematic coding based on the Miles and Huberman model. The findings show that paralegals perform multidimensional roles as legal educators, mediators, and facilitators, prioritizing non-litigation mechanisms, participatory legal education, and community-based strategies. These approaches enhance the availability, accessibility, affordability, and effectiveness of legal services for marginalized groups. Moreover, paralegal practices substantively reflect maqasid principles, particularly in safeguarding life, property, and intellect, thereby extending justice beyond procedural dimensions toward human welfare. This study introduces Islamic Social Justice as a novel framework integrating legal empowerment, access to justice, and Islamic ethical principles, offering a context-sensitive and inclusive model for strengthening equitable legal systems.

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