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MILRev: Metro Islamic Law Review Jl. Ki Hajar Dewantara 15A Iringmulyo, Metro Timur, Kota Metro, Lampung Telpon: 0725-41507, Fax: 0725-47296 Fakultas Syariah IAIN Metro
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MILRev: Metro Islamic Law Review
Published by Institut Agama Islam Negeri Metro Lampung
ISSN : -     EISSN : 2986528X     DOI : https://doi.org/10.32332/milrev.v2i1.6881
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
MILRev Is a scientific law journal with a focus on studies in the field of Islamic law, starting from fiqh, fatwa, or qanun (laws, shariah regional regulations, compilations of Islamic laws). The aim is to develop knowledge in the field of Islamic law, in order to be able to respond to the needs of the wider community for scientific and contemporary Islamic law studies. This journal is intended for academics, researchers, and practitioners, who conduct research on Islamic law, both normative (library) and empirical (socio-legal) research. This journal is published twice a year and involves editorial teams, reviewers, and writers from within and outside the country
Arjuna Subject : Ilmu Sosial - Hukum
Articles 113 Documents
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Reconstructing Wage Law in the Contemporary Era: A Pancasila Justice and Maqāṣid al-Sharī‘ah Perspective Widiatama; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11293

Abstract

The wage system in Indonesia, particularly in East Java Province, reveals a significant gap between normative regulations and practical realities. Current wage practices, which inadequately protect informal workers and casual laborers, highlight weak safeguards for basic economic rights and the lack of distributive justice as mandated by Pancasila and the principles of maqāṣid al-sharī‘ah. This study seeks to reconstruct the legal concept of wages not only in a formal–legal sense but also substantively, by integrating the principles of justice embodied in Pancasila and maqāṣid al-sharī‘ah as ethical and normative frameworks. Employing a juridical–normative and sociological approach, the research involved a review of labour legislation, an analysis of judicial decisions related to wage disputes, and in-depth interviews with workers, labour unions, employers, and officials from the Manpower Office (Disnaker) in three major industrial cities of East Java: Surabaya, Sidoarjo, and Gresik. The main findings indicate that: (1) the wage system in East Java remains dominated by the minimum wage approach, which fails to reflect contextual justice and balanced labour relations; (2) employers often resist implementing wage structures and scales due to weak law enforcement; (3) the values of ḥifẓ al-māl (protection of wealth) and ḥifẓ al-nafs (protection of life) in maqāṣid al-sharī‘ah align with the welfare principles of Pancasila but have yet to be adopted as a legal paradigm in wage policy formulation; and (4) there is an urgent need to reformulate wage law with justice as its foundational principle rather than focusing solely on the technocratic aspects of minimum wage regulation. This study contributes a conceptual model of wage law grounded in the integration of Pancasila’s justice philosophy and maqāṣid al-sharī‘ah, offering a framework for a more equitable, adaptive, and culturally responsive wage policy in Indonesia.
Safeguarding Maritime Sovereignty: Comparative Law Enforcement against Illegal Fishing in Positive and Contemporary Islamic Law Sri Dwi Retno Ningsih; Adi Sulistiyono; Hartiwiningsih; Emmy Latifah
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11303

Abstract

Illegal fishing poses a critical threat to maritime sovereignty, undermining national security, ecological sustainability, and economic stability. This study conducts a comparative analysis of law enforcement against illegal fishing under Indonesian positive law and contemporary Islamic law. Employing a qualitative legal research method supported by statutory, case, and conceptual approaches, it examines the normative foundations, enforcement challenges, and philosophical principles underpinning both systems. The findings show that Indonesian positive law provides a comprehensive regulatory framework through instruments such as Law No. 45/2009 and the Fisheries Act. However, its enforcement faces significant obstacles, including jurisdictional overlaps, limited institutional resources, and weak interagency coordination. In contrast, contemporary Islamic law frames marine resource protection as part of ḥimāyah al-bi’ah (environmental protection) and maṣlaḥah (public welfare), advocating community-based accountability and ethical stewardship rooted in moral responsibility. The study highlights the potential for normative synergy between the two systems, suggesting that integrated legal pluralism could enhance maritime governance by balancing legal deterrence with ethical imperatives. Such an approach promotes not only compliance but also shared moral commitment to resource preservation. This research contributes to the discourse on environmental justice within Islamic jurisprudence and offers policy recommendations for strengthening enforcement mechanisms through a holistic, values-based legal framework.
Contemporary Islamic Legal Perspectives on Qualification Policy Politics in Indonesia Maryanto; Muh. Isna Nurdin Wibisana; Bambang Sumardjoko
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11305

Abstract

This study investigates contemporary Islamic legal perspectives on qualification policy in Indonesia, with particular attention to the formulation and implementation of standards for public and religious office. It examines how key actors—religious leaders, bureaucratic officials, and academics—perceive, interpret, and respond to these policies within the framework of Sharī‘ah values. Adopting a qualitative, field-based research approach, data were collected through in-depth interviews, participant observation, and document analysis across selected governmental and religious institutions. The findings reveal a persistent tension between the normative principles of Islamic law—such as justice (al-‘adl), public interest (maṣlaḥah), and competence (kifāyah)—and the political realities influencing qualification policies, which are often shaped by administrative logic and pragmatic interests. Although policy discourse frequently invokes the integration of Islamic values, implementation in practice demonstrates that bureaucratic dominance frequently marginalizes substantive Islamic ethical principles. This research contributes to contemporary Islamic legal scholarship by illustrating the interaction between Sharī‘ah principles and legal-political practices in Indonesia. It also provides a normative-critical analytical framework for developing qualification policies that are more just, inclusive, and firmly anchored in Sharī‘ah values while remaining compatible with modern governance structures.
Harmonizing Contemporary International Commercial Law with Sharia-Based National Legal Systems: A Comparative Study of Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia Muhammad Azam; Anis Mashdurohatun; Angga Nugraha Firmansyah; Muhammad Dias Saktiawan; King On Putra Jaya
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11334

Abstract

This study examines the harmonization of International Commercial Law (ICL) with Sharia-based national legal systems in five member states of the Organization of Islamic Cooperation (OIC): Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia. These countries were deliberately selected for their diverse legal traditions, varying levels of economic development, and differing degrees of Sharia implementation within their domestic legal orders. Using a qualitative-comparative approach, the research draws on academic literature, national legal documents, and relevant international legal instruments to analyze the interaction between global commercial norms and Islamic legal principles. The analysis identifies thematic trends, methodological approaches, and significant findings from previous scholarship on the intersection of ICL and Sharia. The findings reveal divergent trajectories: Malaysia and Turkey have successfully integrated ICL provisions into their domestic frameworks through institutional reforms and adaptive jurisprudence. In contrast, Pakistan and Saudi Arabia face persistent conceptual and normative challenges, particularly in reconciling modern commercial practices with strict interpretations of Sharia. Indonesia represents a hybrid model, blending secular legal norms with religious values to produce a contextually balanced system. By mapping these comparative experiences, this study contributes to the discourse on legal pluralism and provides insights for policymakers and scholars seeking to develop context-sensitive models for integrating transnational commercial law into modern Islamic legal systems.
Legal Protection of Secured Creditors in Contemporary Bankruptcy: A Comparative Study of Positive Law and Islamic Law Yuhelson; Nur Hakim
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11518

Abstract

This article examines the legal protection of secured creditors in contemporary bankruptcy, particularly concerning the execution of collateral during insolvency and the scope of their preferential rights. Under Article 55(1) of Law No. 37 of 2004 on Bankruptcy, secured creditors are granted an exception to the principle of general attachment (sita generalis). The central issue addressed is the extent to which these execution rights may be restricted in practice and how judicial decisions establish legal precedents regarding the sale of collateral. The study employs a normative legal research method combined with a comparative approach, analysing Indonesian positive law alongside Islamic law. Data were obtained through an extensive review of statutory regulations, court decisions, and classical and contemporary Islamic jurisprudence. The findings indicate that although secured creditors hold preferential rights, these rights are not absolute. Unilateral auction sales conducted without curator involvement may be deemed unlawful, as they conflict with the principle of general attachment and undermine the curator’s authority in managing the bankruptcy estate, thereby disadvantaging other creditors. Accordingly, the research underscores the importance of coordination between secured creditors and curators to safeguard the collective interests of all creditors. The article’s academic contribution lies in its comparative analysis, which integrates Indonesian positive law with Islamic law's ethical and justice-oriented principles. By addressing legal certainty and humanitarian values, the study provides fresh insights into protecting secured creditors in bankruptcy. Ultimately, it contributes to the broader discourse on developing fairer, more inclusive, and socially responsive bankruptcy regulations within Indonesia’s plural legal framework.
Regional Legislative Oversight of Fiscal Policy in Contemporary Islamic Economic Law Dani Sintara; Abd Ulrahman Raad Nouri; Ahmad Rusly Purba; Sitta Saraya
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11076

Abstract

This study examined the effectiveness of regional legislative oversight of fiscal policy following the revision of the Regional Finance Law, employing an analytical framework grounded in contemporary Islamic Economic Law. The research focuses on evaluating the extent to which the oversight function of the Regional House of Representatives (DPRD) contributes to promoting transparency, accountability, and justice in regional financial management. To this end, a qualitative-descriptive approach was employed, drawing on document analysis, in-depth interviews with legislative members and regional finance officials, as well as focus group discussions with experts in Islamic law and economics. The findings show that although the DPRD formally holds significant authority to monitor fiscal policy, the practical exercise of this oversight remains limited by weak institutional capacity and inconsistent integrity among actors. Political interests often dominate decision-making, fiscal literacy among legislators is uneven, and inter-institutional coordination is frequently inadequate. Nevertheless, the revised Regional Finance Law creates opportunities to strengthen budget transparency, improve accountability mechanisms, and broaden public participation in financial governance. From the perspective of contemporary Islamic Economic Law, fiscal oversight is not merely an administrative or technical duty but a moral trust (amānah) entrusted to leaders and representatives. Such oversight must therefore be directed toward realizing the higher objectives of public welfare (maṣlaḥah), fairness, and social justice. The study’s academic contribution lies in integrating juridical analysis of regional fiscal regulation with Islamic ethical principles, offering a normative-evaluative framework for advancing more equitable, participatory, and sustainable fiscal governance at the regional level.
Reinforcing the Role of the Gakkumdu Center in Electoral Law Enforcement: A Contemporary Analysis from the Perspective of Fiqh Siyasah Dusturiyah Efa Rodiah Nur; Liky Faizal; Abd. Qohar; Harapandi Dahri Syahrum
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11108

Abstract

The Integrated Law Enforcement Center (Sentra Gakkumdu) plays a vital role in ensuring the integrity of General and Regional Elections. However, its effectiveness has always been debated. Data from Lampung Province show an extremely low prosecution rate, indicating entrenched issues in its structure, legal framework, and institutional culture. This study aims to analyze the central causes of Gakkumdu’s ineffectiveness in Lampung and to formulate a concrete, integrated institutional-strengthening model from the perspective of Fiqh Siyasah Dusturiyah. This research employs an integrated socio-legal approach, combining normative legal analysis of legislation with qualitative empirical methods and in-depth interviews conducted through purposive sampling. To maintain methodological consistency, the empirical findings were critically analyzed using Lawrence Friedman’s Legal System Theory (Structure, Substance, Culture). The findings reveal that Gakkumdu’s ineffectiveness stems primarily from: 1) conflicting SOPs regarding evidentiary standards (legal substance); 2) inter-agency ego (legal culture); and 3) the ad hoc status of its personnel (legal structure). Consequently, the proposed strengthening model emphasizes harmonizing technical operational regulations, cultivating a collaborative culture, and evaluating performance based on quantitative metrics to boost the case completion rate. From the perspective of Fiqh Siyasah Dusturiyah, this reinforcement aligns with the core principles of al-mashlahah al-‘ammah (public good) and ‘adl (justice) as the philosophical foundation for political legitimacy. This study concludes that an integrated Gakkumdu strengthening model, informed by FSD, is essential to ensure a transparent electoral process and bolster public trust. It offers a conceptual contribution by bridging empirical legal analysis (Friedman) with Islamic ethical jurisprudence (FSD) in the context of Indonesian election law enforcement.
Outsourcing and Labour Justice in Indonesia: Integrating Contemporary Islamic Legal Principles with the National Regulatory Framework Arpangi; Gunarto; Nanang Sri Darmadi; Trubus Wahyudi
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11157

Abstract

This study examines the practice of outsourcing labour in Indonesia by integrating contemporary Islamic legal principles with national labour regulatory frameworks. Using a qualitative approach with field study methods, data were collected through in-depth interviews with outsourced workers, entrepreneurs, labour activists, and Islamic law experts in several industrial areas. The findings indicate that although national laws and regulations, particularly Law Number 13 of 2003 on Manpower and its amendments, formally regulate outsourcing mechanisms, their practical implementation often fails to ensure substantive justice for workers. Many outsourced employees continue to face significant challenges, including job insecurity, unpaid wages, and limited access to social security, which collectively undermine their welfare and dignity. From the perspective of Islamic law, especially when viewed through the framework of maqāṣid al-sharī’ah, the protection of workers’ rights and dignity is an integral objective of the shari‘a, which emphasises justice, public benefit, and the safeguarding of vulnerable groups. This perspective highlights that the ethical and humane treatment of workers is not only a legal responsibility but also a moral imperative grounded in religious principles. By examining the intersection between Islamic legal norms and positive labour law, this study proposes a more ethical and contextual model of employment justice that responds to both regulatory shortcomings and socio-economic realities. The findings contribute to the development of more equitable and sustainable labour policies in Indonesia. Academically, this research enriches the discourse on Islamic law and labour studies by bridging normative theory with empirical realities and offering a framework for future comparative studies on outsourcing practices in Muslim-majority countries.
Reinterpreting Ḥifẓ al-nasl in Contemporary Marriage Contracts: Navigating Islamic Normativity and State Law Mustamam; Danialsyah; Nurasiah Harahap; Mega Arum Saputri; Lutter Ariestino
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11158

Abstract

This study aims to reinterpret the concept of ḥifẓ al-nasl (protection of lineage) within contemporary marriage contracts in Indonesia by examining the relationship between the normative framework of Islamic law and the state legal system. Traditionally, ḥifẓ al-nasl, as one of the primary objectives of Islamic law (maqāṣid al-sharī’ah), emphasizes the preservation of lineage legitimacy through the institution of marriage. However, in the modern Indonesian socio-legal context—characterized by a dual legal system of religious law and state law—its implementation reflects a dynamic interplay between these frameworks. This research employs a qualitative approach, including field studies at several Offices of Religious Affairs (Kantor Urusan Agama or KUA), in-depth interviews with marriage registrars (penghulu), religious leaders, and married couples, as well as an analysis of marriage contract documents. The findings reveal a shift in the meaning of ḥifẓ al-nasl, which is no longer understood solely in terms of lineage legitimacy but also encompasses the protection of reproductive rights, family planning, and legal certainty within marriage contracts. These findings indicate that, while Islamic normative values remain a foundational reference, the application of state law in Indonesia—particularly through the legalization of marriage contracts and state oversight—has contributed to a new interpretation of the principle of ḥifẓ al-nasl. The study recommends strengthening the integration between maqāṣid al-sharī’ah and the positive legal system in formulating marriage policies that are adaptive and responsive to contemporary challenges. The academic contribution of this research lies in offering a new conceptual framework for contextually understanding ḥifẓ al-nasl, one that integrates the objectives of Islamic law with Indonesia’s positive legal system.
Living Hadith and Legal Traditions in Preserving Ancestry: A Case Study of the Contemporary Arab Sayyid Community in Lampung Zaki, Muhammad; bin Hamid bin Syihab, Alwi; Ikhwani, Akhmad; Moh. Mukri
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11094

Abstract

The validity of the Arab Sayyid (Ba'alawi) lineage has been heavily debated. However, this controversy will not persist if the ulama verifies nassabah (lineage). Regardless of all that, it is certain that the Arab Sayyid community has a long history of lineage preservation. In addition to cultural factors, lineage preservation is a religious teaching with implications for family law, including marriage, guardianship, and inheritance. This article explores the practice of lineage preservation in the Arab Sayyid community in the contemporary era, revealing the normative dimensions of this practice, as expressed in a hadith, that underlie it. This research is a descriptive qualitative field research. Primary data were sourced from the Rabithah Alawiyah Management, elders, lineage observers, and members of Arab Sayyid families in Lampung. Data collection was conducted through observation, interviews, and documentation, and the data were analyzed descriptively qualitatively using the living hadith approach. The research results show that the tradition of maintaining lineage in the Arab Sayyid community in Lampung Province is maintained through introducing lineage to the family, assigning a surname, clarifying doubtful lineages, establishing sekufu' (a type of marriage), and recording lineages. This tradition embodies Sunnah values ​​because it is based on the hadith texts of the Prophet Muhammad (peace be upon him), such as the command to recognize family lineages to maintain kinship ties. This tradition represents both a cultural heritage and a living hadith that remains relevant for building the identity of the Arab Sayyid community in the contemporary era. The academic contribution of this study lies in its effort to broaden the discourse on living hadith by connecting it to the context of Islamic family law and the preservation of social identity within the Arab-descendant community. This research provides a new perspective on how hadith texts function not only as normative sources but also as living social practices that shape the legal and cultural structures of society. Moreover, this study enriches the existing literature on the integration of religious tradition and identity construction within contemporary Islamic legal studies.

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