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Muhammad Fuad Zain
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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 51 Documents
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Legal Protection for Children Using Paracetamol Syrup Products from the Perspective of Maslahah (A Case Study of Atypical Progressive Acute Kidney Injury) Handayani, Fitri; Wiyono, Wiwin Muchtar; Erowati, Eti Mul; Purwendah, Elly Kristiani
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 2 (2025)
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.v4i2.13739

Abstract

This study examines the legal accountability and consumer protection frameworks in Indonesia concerning the widespread health crisis caused by the consumption of contaminated paracetamol syrup, which led to cases of Atypical Progressive Acute Kidney Injury (AKI) in children. Using a normative juridical method, the research analyzes relevant statutory regulations, such as Law No. 8 of 1999 on Consumer Protection and Law No. 36 of 2009 on Health, alongside Islamic legal principles, particularly maslahah (public interest). The discussion focuses on the obligations of pharmaceutical companies and the regulatory role of the Indonesian Food and Drug Authority (BPOM) in ensuring the safety and quality of pharmaceutical products. Findings reveal that both the manufacturers and BPOM failed to fulfill their legal duties, leading to significant material and immaterial losses for affected consumers. From an Islamic legal perspective, the concept of maslahah underscores the moral and legal imperative to protect life and public welfare, supporting the need for stricter enforcement and accountability. The study concludes that a more robust legal and ethical framework is essential to protect children as vulnerable consumers, and it advocates for an integration of national law and Islamic principles to ensure justice, transparency, and the prevention of similar incidents in the future.
A Comparative Study of Compulsory Bequests (Wasiat Wajibah) in Islamic Inheritance Law: The Cases of Indonesia and Egypt Bustomi, Ilham; Setyawan, Edy
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 2 (2025)
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.v4i2.13840

Abstract

This study presents a comparative legal analysis of wasiat wajibah (compulsory bequests) as implemented in Indonesia and Egypt, exploring how both Muslim-majority countries adapt Islamic inheritance principles to address the needs of non-heirs such as adopted children, stepchildren, and descendants of predeceased heirs. Rooted in classical Islamic jurisprudence, wasiat traditionally functioned as a voluntary bequest. However, modern legal systems in Indonesia and Egypt have transformed it into a compulsory mechanism to promote social justice and protect vulnerable individuals excluded under traditional fara’id rules. The study examines the integration of Sharia into national legal frameworks—Indonesia’s dual legal system and Egypt’s centralized civil law model—and analyzes key statutory provisions, judicial circulars, and landmark jurisprudence. Indonesian law, notably through the Kompilasi Hukum Islam and Supreme Court circulars, has broadened wasiat wajibah to include non-Muslim heirs and children of unregistered marriages. Egypt’s Law No. 71 of 1946 similarly mandates bequests for grandchildren. Through doctrinal and comparative methods, this study highlights both countries’ reliance on maslahah (public interest) and ijtihad (independent reasoning) in legal reform. The study concludes by addressing challenges related to legal certainty, access to justice, and the potential for broader Islamic legal modernization informed by context-sensitive interpretation.
Reframing Violence: A Philosophical Comparison of Physical and Non-Physical Sexual Violence in Indonesian Criminal Law Lidinillah, Endin
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 2 (2025)
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.v4i2.14012

Abstract

Indonesian Law Number 12 of 2022 on the Sexual Violence Crimes (TPKS) identifies sexual harassment—both non-physical and physical—as a form of sexual violence punishable by imprisonment and/or fines. However, there is a significant distinction in its legal classification. Non-physical sexual harassment is treated as a complaint-based offense (delik aduan), meaning it can only be prosecuted if reported by the victim. In contrast, physical sexual harassment may be categorized as either a complaint-based offense or a public offense (delik biasa), the latter allowing law enforcement to initiate proceedings without a formal complaint. This paper critically examines the alignment between these legal classifications and the philosophical foundations set forth in the preamble of the TPKS Law and its Academic Paper. Utilizing a normative juridical approach, the study draws from primary legal sources and the academic paper, analyzed through qualitative descriptive methods, including data reduction, presentation, and conclusion drawing. The study finds that the differentiation between complaint-based and public offenses for sexual harassment is inconsistent with the law’s stated philosophical values, which emphasize the protection of human dignity and the prevention of sexual violence as a matter of public interest.
A Qard-Based Microfinance under PNM Mekaar Syariah: A Legal Assessment from the Perspective of Positive Sharia Law and Classical Islamic Jurisprudence Novianti, Vira Dwi
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 2 (2025)
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.v4i2.14076

Abstract

Qard contract, or benevolent loan, is widely recognized in Islamic finance as a non-interest-based instrument aimed at promoting social welfare. PNM Mekaar Syariah utilizes qard-based microfinance to empower women entrepreneurs in Indonesia. This study assesses the legal basis and implementation of qard within this program from the perspectives of positive Sharia law and classical Islamic jurisprudence. This research employs normative legal analysis using primary legal sources, including DSN-MUI fatwas, national regulations, and classical fiqh texts. A comparative approach is used to evaluate convergence and divergence between modern legal frameworks and traditional Islamic thought. Findings reveal substantial alignment between both perspectives regarding the permissibility and objectives of qard. However, divergences emerge in the treatment of administrative fees, group liability, and repayment terms. Classical jurists emphasize the non-commercial, voluntary nature of qard, while positive Sharia law permits institutional adaptations under regulatory oversight. The study highlights the need for policy reforms to harmonize institutional practices with classical ethical principles, especially concerning borrower protection and contract purity. Qard-based microfinance under PNM Mekaar Syariah is legally and ethically viable when guided by maqāṣid al-sharīʿah and strengthened through consistent Sharia governance.
The Dilemma of Gender and Marital Validity in Khuntha Cases: A Comparative Legal Study of the Four Sunni Schools Harahap, Khoirul Amru; Harahap, Najhan Parluhutan; Umar, Mohamad Toha
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 2 (2025)
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.v4i2.15026

Abstract

In Islamic jurisprudence, the validity of marriage is contingent upon clear gender classification, a condition that poses legal complexities in the case of khuntha (intersex individuals). Classical jurists recognized khuntha as a distinct legal category and developed nuanced rulings, particularly distinguishing between khuntha wādih and khuntha mushkil. However, advances in medical science and shifting socio-legal contexts necessitate a re-examination of these doctrines. This study adopts a doctrinal and comparative approach, analyzing the positions of the four Sunni schools—Hanafī, Mālikī, Shāfiʿī, and Hanbalī—on the permissibility of khuntha marriage. It engages classical legal texts, modern fatwas, and contemporary bioethical considerations to assess continuity and reform. The four schools unanimously prohibit marriage for khuntha mushkil without gender clarity, while permitting it for khuntha wādih upon identifiable signs. Divergences arise in their evidentiary standards and interpretive flexibility. Contemporary scholars increasingly advocate for the inclusion of medical criteria and expert consultation in gender determination. Islamic legal tradition provides a principled yet adaptable framework for addressing khuntha marriage. By integrating classical methodologies with contemporary scientific understanding, jurists can uphold Sharīʿah objectives while affirming the dignity and marital rights of intersex individuals. This reflects both fidelity to tradition and responsiveness to present realities.
The Peaceful Settlement of Conflicts according to Islamic Jurisprudence and International Law: Review of ‘Islamic Law and International Law: Peaceful Resolution of Disputes’ by Emilia Justyna Powell, Oxford University Press, 2020. Zuhrah, Fatimah
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 2 (2025)
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.v4i2.15259

Abstract

This review examines Islamic Law and International Law: Peaceful Resolution of Disputes (Oxford University Press, 2020) by Emilia Justyna Powell, a groundbreaking interdisciplinary study that explores how Islamic legal traditions influence the engagement of Muslim-majority states with international dispute resolution mechanisms. Drawing from original empirical data and classical Islamic jurisprudence, Powell argues that domestic legal structures—whether secular, Islamic, or hybrid—significantly shape states' preferences for international conflict resolution methods. The book highlights both the consonance and dissonance between Islamic law and international law, particularly in the context of peaceful settlement. Powell challenges prevailing assumptions of uniformity among Islamic Law States and demonstrates the importance of legal pluralism in international relations. Through critical analysis, this review assesses the strengths of Powell’s approach—her empirical rigor, legal-philosophical insight, and contribution to debates on global justice—while also noting the limitations, including the need for a more nuanced understanding of hybrid legal systems and broader geopolitical factors. Overall, the book is a significant scholarly contribution that bridges comparative law, Islamic studies, and international legal theory, offering valuable insights into the evolving dynamics of legal identity and interstate conflict management.
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 Khan, Muhammad Akbar; Ahmed, Abdirahman Said
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) Mujuzi, Jamil Ddamulira
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 Lailaturrohmah, Kummil
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.

Page 5 of 6 | Total Record : 51

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