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Muhammad Fuad Zain
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Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40 A Purwokerto
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el-Aqwal: Journal of Sharia and Comparative Law
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : -     EISSN : 29625289     DOI : https://doi.org/10.24090/el-aqwal
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
el-Aqwal: Journal of Sharia and Comparative Law [e-ISSN: 2962-5289] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field of Sharia, Law, Religioan and Comparative. All submissions undergo peer review, and the article in Indonesian, English or Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "volume 5 issue 1 (2026)" : 10 Documents clear
Dynastic Politics in the Context of Modern Indonesian Law: A Comparative Study of Classical Fiqh Siyasah and Contemporary Constitutionalism Adnan Adnan
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.13989

Abstract

This study explores the phenomenon of political dynasties in modern Indonesian constitutional law through a comparative analysis with classical Islamic political thought (fiqh siyasah). In recent years, Indonesia has witnessed the rise of political dynasties, notably exemplified by President Joko Widodo’s familial political trajectory. Such developments have prompted critical debates regarding democratic integrity and the rule of law. This study analyzes the legal and normative frameworks that govern political dynasties in Indonesia, highlighting the tension between democratic ideals and practices that may undermine meritocracy and institutional accountability. Drawing from classical Islamic political jurisprudence, the paper examines the shift from consultative leadership (shura) to dynastic rule during the Umayyad period under Muawiyah ibn Abi Sufyan. It then compares this historical transformation with contemporary Indonesian political dynamics, where constitutional mechanisms are sometimes interpreted to accommodate dynastic interests. The study argues that while classical Islamic governance recognized the practical necessity of hereditary rule in certain contexts, contemporary constitutionalism demands adherence to democratic principles and legal equity. Through this comparative lens, the paper offers a nuanced critique of dynastic politics and proposes reforms to strengthen Indonesia’s democratic resilience and legal order. The findings contribute to broader discourses on political ethics, legal reform, and Islamic constitutional thought in democratic societies.
Takaful in Pakistan and Somalia: A Comparative Study of Regulatory Evolution and Market Development Muhammad Akbar Khan; Abdirahman Said Ahmed
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.15356

Abstract

Islamic insurance (takaful) is practiced in both Somalia and Pakistan; however, the two countries differ markedly in their regulatory frameworks, operational models, and levels of market penetration, while also sharing certain structural similarities. This study undertakes a comparative legal and institutional analysis to examine these divergences and convergences and to identify opportunities for strengthening takaful development in both jurisdictions. As a Shariah-compliant alternative to conventional insurance, takaful is founded on principles of mutual risk sharing and collective responsibility. The analysis highlights distinct contextual challenges and prospects. In Somalia, the absence of conventional insurance creates both a necessity and an opportunity for takaful expansion, contingent upon improvements in political stability, economic conditions, and the gradual transition from traditional tribal risk-sharing mechanisms to formal insurance institutions. In contrast, Pakistan represents a more developed insurance environment, where takaful operates alongside conventional insurance under a relatively comprehensive regulatory framework. By comparing regulatory structures, market practices, and socio-economic conditions, this study demonstrates the potential economic and social contributions of takaful in both contexts. It concludes with policy-oriented recommendations aimed at enhancing regulatory effectiveness, market growth, and public awareness of takaful as a sustainable insurance alternative.
(Mis)reading ‘Sharia’ into the Ugandan Succession Act? Edirisa Miyingo v Ismail Ssempijja and Another (Civil Appeal 189 of 2019) [2025] UGCA 273 (19 August 2025) Jamil Ddamulira Mujuzi
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.15443

Abstract

Section 1 of the Succession Act provides that, “except as provided by this Act, or by any other law for the time being in force, the provisions of this Act shall constitute the law of Uganda applicable to all cases of intestate or testamentary succession.” The phrase “any other law” refers to written law. During the drafting of the Succession (Amendment) Act 2022, a proposal that the Succession Act should provide for circumstances in which Sharia would govern the estates of Muslims who die intestate was considered but not approved by Parliament. Consequently, the Succession Act remains the sole law governing the distribution of the estate of any person who dies intestate. Notwithstanding this legislative position, in Edirisa Miyingo v Ismail Ssempijja and Another (2025) the Court of Appeal held that the distribution of the estate of a Muslim who had died intestate in accordance with Sharia was not contrary to the Succession Act, despite acknowledging that Sharia is unwritten law. This article argues, inter alia, that the Court’s approach is inconsistent with the drafting history of the Succession Act and amounts to an impermissible reading-in of an exception that Parliament deliberately declined to enact.
Legal Diversity in the Concept of ‘Iddah: Comparative Analysis among Shafi’i, Maliki, Hanafi, and Hanbali Schools Kummil Lailaturrohmah
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.14946

Abstract

This study examines the concept of ‘iddah (waiting period) within Islamic family law through a comparative analysis of the four Sunni schools—Shafi’i, Maliki, Hanafi, and Hanbali. Rooted in the Qur’an and Sunnah, ‘iddah serves multiple juridical and ethical purposes, including the preservation of lineage (ḥifẓ al-nasab), clarification of paternity, and maintenance of moral and social order following marital dissolution. Despite unanimous recognition of its obligation, the four schools exhibit methodological diversity in interpreting its duration, commencement, and conditions. This research, employing a qualitative, doctrinal, and comparative approach (fiqh muqāran), reveals that juristic differences arise from linguistic ambiguities, contextual considerations, and distinctive uṣūl al-fiqh methodologies—textualism, rational analogy, or welfare-based reasoning. Rather than reflecting contradiction, such ikhtilāf (diversity) demonstrates the epistemic richness and adaptability of Islamic law. The findings underscore that all schools converge on shared maqāṣid al-sharī‘ah—justice, lineage protection, and compassion—while differing in procedural applications. The study concludes that recognizing classical pluralism can inform contemporary legal codifications and family law reforms in Muslim societies. It affirms that the vitality of Islamic jurisprudence lies in harmonizing unity of purpose with diversity of interpretation, ensuring Sharia’s continued relevance in evolving social contexts.
Apostasy and Its Legal Consequences in Indonesian Personal Status Law: Human Rights Analysis and Doctrinal Tensions Badrian Badrian
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.15729

Abstract

This study examines the legal implications of apostasy in Indonesia within the framework of Islamic personal status law, focusing on marriage dissolution, inheritance disqualification, and guardianship rights. Although apostasy is not criminalized under Indonesian national law, its consequences are civilly enforced through the Kompilasi Hukum Islam (KHI) and adjudicated by the Religious Courts. Drawing on classical Islamic jurisprudence, the legal system treats apostasy as a disqualifying condition that voids marital bonds, excludes individuals from inheriting from Muslim relatives, and impairs their capacity to act as guardians over Muslim children. The study employs a normative legal approach, supplemented by doctrinal analysis and relevant case studies, to assess how these civil sanctions affect individual rights. It further analyzes the tensions between doctrinal fidelity and Indonesia’s constitutional guarantees of religious freedom and non-discrimination. The findings reveal that civil consequences for apostasy, while doctrinally grounded, conflict with international human rights standards and potentially infringe upon constitutional protections. The study concludes that legal reform is necessary to harmonize religious law with human rights obligations, calling for a contextualized interpretation of Islamic principles that upholds justice, dignity, and individual liberty within Indonesia’s plural legal system.
Negotiating Sharia and Modern Finance: A Socio-Legal Study of Pesantren Practices in Conventional Banking in Banyumas Regency Refani Andina Sari
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.15862

Abstract

Pesantren in Banyumas Regency actively negotiate the relationship between Sharia principles and modern financial systems through their engagement with conventional banking institutions. Using a qualitative socio-legal approach that integrates doctrinal analysis with field research in five pesantren, the study explores how Islamic legal reasoning—particularly concerning riba—is interpreted within institutional contexts. The findings reveal that most pesantren, especially those affiliated with Nahdlatul Ulama, adopt a pragmatic approach grounded in maslahah (public benefit), niyyah (intention), and tarāḍī (mutual consent), distinguishing between exploitative usury and administrative interest. Their use of conventional banks is justified as a necessity for financial security, efficiency, and compliance with state regulations. In contrast, a minority of Salafi-oriented institutions reject conventional banking entirely, emphasizing textual fidelity and moral purity. The study concludes that pesantren financial practices represent a form of applied ijtihād—a contextual reinterpretation of Islamic law balancing doctrinal integrity and institutional pragmatism. By situating pesantren as active agents within Indonesia’s plural legal and economic landscape, this research highlights how Sharia operates as a living, adaptive system guiding ethical engagement in contemporary finance.
Contextualism vs. Mubādalah: Comparative Islamic Legal Methodologies for Gender Equality Abdul Basith; Kerwanto Kerwanto
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.15970

Abstract

Gender equality has become a central concern in contemporary Islamic legal interpretation, prompting the development of new hermeneutical approaches. This study compares Nasaruddin Umar’s contextualist methodology and Faqihuddin Abdul Kodir’s mubādalah framework to assess their contributions to gender-just Qur’anic interpretation. The research employs a qualitative descriptive design with a comparative library-based approach. Primary data are drawn from the major works of both scholars and applied to two contested gender-related verses, Q.S. al-Nisā’ [4]:34 and Q.S. al-Baqarah [2]:228. The analysis shows that Nasaruddin Umar emphasizes historical contextualization and feminist hermeneutics to deconstruct patriarchal readings, while Faqihuddin Abdul Kodir applies a reciprocity-based, maqāṣid-oriented approach that reconstructs gender relations as egalitarian partnerships. Both methodologies reject hierarchical interpretations and reinterpret authority and responsibility as functional and ethical rather than ontological. Despite methodological differences, the two approaches converge in promoting justice, mutuality, and human dignity as core principles of Islamic legal reasoning. Their complementary perspectives demonstrate that methodological plurality can strengthen efforts to advance gender equality within contemporary Islamic jurisprudence.
Between Legal Formalism and Responsiveness: Judicial Reasoning on the Status of Children from Unregistered Marriages Najwa Yazid; Wardah Nuroniyah
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.15413

Abstract

Unregistered marriages in Indonesia continue to create legal uncertainty regarding the status and civil rights of children. Divergent judicial determinations concerning children born from such marriages demonstrate tensions between legal formalism and responsive approaches to child protection. Employing normative juridical research with statutory, conceptual, and case approaches, the analysis examines three Religious Court determinations concerning child lineage and itsbat nikah. The findings reveal significant disparities in judicial reasoning. One panel adopted a formalistic interpretation by recognizing children only as biological children based on statutory provisions, while another employed a responsive approach by recognizing the material validity of unregistered marriages and prioritizing the best interests of the child. In the itsbat nikah case, the judges granted legalization despite formal administrative limitations to ensure legal certainty and child protection. These differences directly affect children’s rights relating to lineage, inheritance, guardianship, identity, and non-discrimination. Responsive legal approaches provide more comprehensive protection for children born from unregistered marriages.
The Effectiveness of Law Enforcement on Morality-related Crimes in Klaten, Central Java: A Comparative Study of Islamic Law and Positive Law Rozan Avif; Luluk Qonita
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.16241

Abstract

Immorality-related crimes in Klaten Regency, Central Java, have become an increasingly complex social and legal issue, reflected in the persistence of clandestine prostitution and the involvement of various social groups, including students. This study analyzes the effectiveness of law enforcement against such crimes and examines it comparatively from the perspectives of positive law and Islamic law. Employing an empirical legal method with a comparative approach, the research is based on field observations, interviews with officials of the Civil Service Police Unit (Satpol PP), and analysis of relevant laws and regional regulations. The findings show that law enforcement has been carried out through preemptive, preventive, and repressive measures, including legal awareness programs, surveillance, joint operations, investigations, and offender rehabilitation. However, its effectiveness remains limited due to inadequate personnel, insufficient facilities, low public legal awareness, and permissive cultural attitudes toward immoral conduct. From the perspective of Islamic law, the prevention of morality-related crimes extends beyond punitive sanctions through the principles of saddu al-dharī‘ah and maqāṣid al-sharī‘ah, particularly the protection of life (ḥifẓ al-nafs), honor (ḥifẓ al-‘ird), and lineage (ḥifẓ al-nasl). The study concludes that stronger integration between positive law and Islamic legal values is necessary to enhance preventive strategies, strengthen public morality, and promote sustainable social order.
Continuity and Transformation of Ijtihad in Islamic Law: Reassessing the Closed Gate Thesis through Classical Legal Texts Upi Sopiah Ahmad; Faisar Ananda Arfa; M. Iqbal Irham; Nurasiah
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i1.16419

Abstract

This study reassesses the “closed gate of ijtihād” (insidād bāb al-ijtihād) thesis in Islamic law through a historical-textual analysis of classical legal works produced between the seventh and ninth centuries AH. Classical Orientalist scholars, most notably Joseph Schacht and Noel J. Coulson, argued that ijtihād declined after the consolidation of the legal schools and was replaced by the dominance of taqlīd. In contrast, contemporary scholars such as Wael B. Hallaq contend that ijtihād persisted through epistemic and institutional transformations within the madhhab tradition. Employing qualitative library research and content analysis, this study examines the works of al-Nawawī, Ibn Taymiyyah, and Tāj al-Dīn al-Subkī within the frameworks of Islamic legal epistemology and Legal Change Theory. The findings reveal that ijtihād continued to function dynamically through three principal models: ijtihād fi al-madhhab, ijtihād mustaqil, and ijtihād maqāṣidī. These models demonstrate that juristic diversity was an integral feature of the epistemological structure of Islamic law rather than evidence of historical stagnation. Consequently, the “closed gate of ijtihād” thesis is better understood as a historiographical construct than a normative-epistemic reality. The study contributes to the reconstruction of contemporary Islamic legal theory through a framework of continuity-in-transformation and offers a critical reassessment of Orientalist narratives concerning the development of Islamic law.

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