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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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Gender Justice in Child Custody Disputes: The Maqāṣid al-Sharī‘ah Approach in Contemporary Judicial Practice Farida Nurun Nazah; Restia Gustiana; Tobibatus Saadah; Ahmad Suryadi
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.v4i2.10790

Abstract

Child custody disputes (ḥaḍānah) after divorce are a key issue in discussions of gender justice in Islamic family law, especially in Muslim-majority countries, including Indonesia. In this context, this study examines sixteen child custody decisions issued by religious courts in the Banten region, examining how the principles of maqāṣid al-sharī‘ah are applied in legal deliberations and the extent to which these decisions reflect the principles of gender justice and the best interests of the child. Using an integrated socio-legal approach and content analysis, this study examines the construction of legal reasoning from the decisions' content and the surrounding social context. Research findings indicate a shift in the legal reasoning of some judges towards a more substantive and contextual approach, taking into account the emotional, psychological, and social dimensions of children within the framework of hifẓ an-nafs and hifẓ annNasl. However, gender bias remains, including a tendency to place a higher burden of proof on mothers than fathers, and the influence of economic factors, which often outweigh the emotional well-being of the child. This study highlights the essence of incorporating the maqāṣid al-sharīʻah paradigm into judicial practice to ensure fair, responsive, and child-centered decisions. In addition to making a conceptual contribution to the reform of Islamic family law grounded in maqāṣid values, this study also recommends applying more appropriate jurisprudential guidelines to judges in adjudicating haḍānah cases, thereby consistently upholding the principles of substantive justice and gender equality.
Constructive Criticism of the Role of Sharia Advocates in Legal Aid in the Contemporary Era Budi Sastra Panjaitan
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.v4i2.11294

Abstract

This study examines the role of sharia advocates in providing legal aid in Indonesia during the contemporary era, driven by the increasing public demand for legal settlements based on Islamic values. This phenomenon shows the existence of a collective awareness of the importance of a legal approach that is not only legal-formal, but also ethical and spiritual. However, the complexity of modern law and structural challenges, such as the absence of specific regulations on Sharia advocates and limited professional training, are serious obstacles to carrying out the role ideally. In the midst of efforts to realize substantive justice, Sharia advocates are often trapped in a conventional legal framework (customs) that is not fully compatible with the Sharia values they carry. This research employs a descriptive qualitative method, combining a juridical-normative and sociological approach, through literature studies and interviews with relevant parties. The results of the study indicate that sharia advocates hold a strategic position in sharia-based dispute resolution, particularly amid the growing demand for legal settlements that reflect Islamic justice values. To carry out this role optimally, it is necessary to strengthen the capacity of personnel (lawyers), increase professional competence, provide adequate institutional support, and integrate Sharia values with Human Rights (HAM) principles in legal aid practice. Therefore, constructive criticism of the existing system is crucial to encourage reforms in aspects of education, regulation, and sharia advocacy practices that are more relevant, inclusive, and responsive to the dynamics of the law in the contemporary era.
A Contemporary Socio-Legal Evaluation of Indonesia's Post-Reformation Child Marriage Policies Asep Saepullah; Abdul Aziz; Ipuk Widayanti; M. Zidny Nafi’ Hasbi; Adamu Abubakar Muhammad
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.v4i2.10322

Abstract

This study examines the regulation of child marriage in post-reform Indonesia through a socio-legal approach that integrates the principles of maqāṣid al-sharīʿah. Although recent reforms have raised the minimum age for marriage, existing policies remain inadequate to address fundamental challenges such as gender inequality, educational disparities, and public health risks. Using a doctrinal legal method complemented by content analysis, this research analyses statutory texts, academic literature, and policy documents within a qualitative interpretive paradigm informed by social jurisprudence in its socio-religious context. The findings reveal that child marriage persists due to deeply rooted structural issues, including poverty and gender inequality, which are reinforced by socio-religious norms surrounding marriage, sexuality, and morality. Regulatory inconsistencies and divergences among institutional actors further exacerbate the problem, disproportionately affecting girls. The study argues that efforts to eliminate child marriage require policies aligned with a maqāṣid al-sharīʿah framework that addresses structural root causes and fosters a gender-just transformation of society. In terms of academic contribution, this research bridges Islamic legal theory with contemporary socio-legal challenges, demonstrating how maqāṣid al-sharīʿah can inform progressive policy reform. It contributes to the literature by providing a framework for integrating normative Islamic values with socio-legal interventions, highlighting the interplay between law, culture, and religion in shaping social outcomes. Methodologically, it advances the combination of doctrinal and content analysis within a qualitative interpretive approach, offering a model applicable to other socio-legal issues in Muslim-majority contexts. The study concludes with normative recommendations for reforming child marriage policies in accordance with Islamic legal principles, prioritising the protection, dignity, and rights of children and women while promoting gender equality and long-term societal well-being.
The Role of Maslahah Mursalah in Strengthening Religious Moderation: A Contemporary Approach to Mitigating Radicalism in State Islamic Universities in Indonesia Agus Hermanto; Gesit Yudha; Siti Nurjanah; Agustiyara
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): 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.v5i1.10191

Abstract

State Islamic Universities (Universitas Islam Negeri/UIN) in Indonesia function as transformative arenas for the development of Islamic thought and movements that actively counter radicalism and extremist ideologies. This study employs a qualitative approach with an exploratory descriptive design, utilizing a case study methodology. Data were collected through field observations and in-depth interviews with nine purposively selected informants, including the head, secretary, and administrative staff of Ma’had Al-Jami’ah. The data were analyzed using content analysis informed by social theory to capture both normative and practical dimensions of religious moderation. The findings demonstrate that the concept of Maslahah Mursalah plays a central role in shaping the religious moderation programs implemented at Ma’had Al-Jami’ah. This principle serves as a flexible legal-ethical framework that enables Islamic teachings to respond constructively to contemporary social challenges. Core religious subjects—such as theology (ʿaqīdah), ethics (akhlāq), and Islamic law (sharīʿah)—are not taught rigidly but are interpreted contextually to address present-day realities. For instance, the concept of jihad is redefined beyond its narrow association with armed struggle and expanded to include intellectual endeavors (ṭalab al-ʿilm), scientific advancement, and technological innovation. This reinterpretation encourages students to view knowledge production and social contribution as integral forms of religious commitment. This study contributes significantly to the discourse on religious moderation in Islamic higher education by offering empirical insights into institutional strategies that foster moderation, resilience, and responsiveness to contemporary societal issues.
Family Harmony in Contemporary Islamic Law: Ibn ‘Āshūr’s Maqāṣid Perspective on Marital Rights and Duties Muhamad Zaenal Muttaqin; Ahmad Ibrizul Izzi; Reza Fauzi Nazar; Shohibul Wafa Tadzul Arifin; Muhamad Yogi Sandra
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): 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.v5i1.10480

Abstract

This study critically examines Ibn ‘Āshūr’s interpretation of the maqāṣid al-shari’ah and its potential to strengthen harmonious family values in contemporary Muslim societies, with a particular focus on Indonesia. Using a qualitative, descriptive-analytical approach, the research examines Ibn ‘Āshūr’s key writings alongside classical and modern commentaries to provide a comprehensive understanding of his framework. To ensure practical relevance, the study incorporates illustrative examples drawn from jurisprudential sources and current socio-legal realities that shape Muslim family life today. The findings show that Ibn ‘Āshūr’s emphasis on preserving religion, life, intellect, lineage, and wealth provides a strong normative basis for addressing central issues in Islamic Family Law, such as spousal rights, gender equity, and child custody. His prioritization of justice, moral development, and public welfare underscores that legal interpretation should serve broader ethical objectives rather than rigid textualism alone. However, when applied to modern socio-cultural contexts, several challenges emerge. Evolving gender roles, diverse family structures, and socioeconomic disparities often require adaptations beyond Ibn ‘Āshūr’s original formulations. These realities call for a contextualized reading of maqāṣid to maintain its relevance and effectiveness in contemporary settings. This study’s academic contribution lies in bridging classical maqāṣid theory with the concrete needs of modern Islamic Family Law reform. By positioning Ibn ‘Āshūr’s ideas alongside those of contemporary scholars, the research clarifies where his framework remains robust and where it requires reinterpretation. This integrative approach offers a fresh analytical lens for understanding family-related legal issues, combining normative principles with socio-legal awareness.
The Victim's Best Interest Principle in Islamic Law: An Examination of the Substance of Sexual Violence in Muslim Majority Countries in the Contemporary Era Elfa Murdiana; Nunung Rodliyah; Rudi Natamiharja; M. Nur Fathoni; Gautam Kumar Jha
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): 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.v5i1.10654

Abstract

This article examines the extent to which the principle of the best interests of victims is accommodated within the legal frameworks for protecting victims of sexual violence in Muslim-majority countries. It critically explores the normative and practical gap between Islamic legal principles—particularly the protection of life (ḥifẓ al-nafs) and honor (ḥifẓ al-‘irḍ)—and the operation of positive law in Indonesia, Malaysia, and Egypt. The central questions addressed are how victim protection is conceptualized and regulated within the legal systems of these three countries, and whether the best interests of victims have been established as the primary normative and policy orientation. This study employs a normative juridical method, utilizing comparative and conceptual approaches, and analyzes statutory regulations, legal doctrines, court decisions, and relevant academic literature. The findings reveal that, despite recent legal reforms, existing regulatory frameworks remain predominantly perpetrator-oriented. Victim protection is often treated as supplementary rather than foundational, resulting in limited access to justice, insufficient recovery mechanisms, and weak institutional responsiveness to victims’ needs. Building on a Maqāṣid al-Sharī‘ah perspective, this article proposes a legal reconstruction that re-centers the protection of victims as a core objective of Islamic and national legal systems. It argues that the principle of the best interests of victims is not only compatible with Islamic law but is inherently embedded within its ethical and purposive framework. Accordingly, the study recommends strengthening substantive legal norms, procedural safeguards, institutional coordination, and legal culture to ensure holistic and equitable victim protection. The academic contribution of this article lies in its integration of Maqāṣid al-Sharī‘ah with comparative victimology, offering a normative framework that bridges Islamic legal theory and contemporary human rights discourse. It advances the discussion on victim-centered justice by providing a contextualized Islamic legal justification for prioritizing victims’ interests within modern legal systems.
The Childfree Discourse in Contemporary Islamic Family Law and Human Rights: Insights from Young Muslim Academics in Indonesia Khoiruddin Nasution; Ali, Zezen Zainul; Mufrod Teguh Mulyo; Syamruddin Nasution; Syaefullah
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): 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.v5i1.11080

Abstract

The childfree phenomenon has triggered critical debates in contemporary Islamic family law and human rights discourses. This study examines the primary narrative constructions of childfree individuals as understood by young academics at State Islamic Higher Education Institutions in Indonesia. This study uses a qualitative approach, employing interviews and focus group discussions with 17 doctoral students from diverse academic backgrounds. Two theoretical frameworks were used: Halverson's Main Narrative Theory was employed to identify primary and alternative narratives in the formation of social meaning related to the childfree phenomenon. Maqāṣid al-sharī‘ah, as the objectives of Islamic law, is used to examine the religious dimension in the formation of contemporary Islamic family law. The research results revealed three narrative configurations. First, the narrative of individual piety, which views children as a divine trust and part of the maqāṣid al-sharī‘ah, specifically ḥifẓ al-naṣl (protection of lineage), perceives childless households as contrary to natural values and the objectives of marriage. Second, the narrative of human rights emphasises bodily autonomy and reproductive freedom for couples in accordance with international principles. Third, the integrative narrative arises from reflective academics who strive to balance individual piety with the principle of public benefit through a contextual approach to tanzīm al-nasl (family planning). This study contributes to Islamic family law policy in Indonesia by promoting more inclusive regulatory formulations and serves as a foundation for religious institutions and policymakers to develop contextual policies addressing contemporary issues.
The Digital Minbar: Repositioning Religious Authority and the Dynamics of Islamic Law in Contemporary Egypt's Virtual Landscape Muhammad Latif Fauzi; Imam Mustofa; Ibnu Akbar Maliki; Faiz Husaini
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): 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.v5i1.11109

Abstract

The rapid development of digital technology has transformed the production, dissemination, and validation of religious knowledge, posing new challenges to traditional religious institutions in Egypt. This study examines how Al-Azhar and Dar al-Iftaʾ al-Miṣriyyah respond to the emergence of online religious actors who acquire authority through social media rather than through classical academic structures. This research is based on fieldwork and employs a descriptive qualitative design, drawing on sociological and religious-anthropological approaches. Primary data were obtained from leaders and scholars affiliated with Al-Azhar and Dar al-Iftaʾ al-Miṣriyyah, complemented by insights from socio-religious observers in Egypt who are members of the Special Branch of Nahdlatul Ulama (PCINU). Secondary data consist of fatwas and relevant scholarly literature. Data were collected through in-depth interviews and observation and analyzed using inductive qualitative techniques. The findings indicate that the digital space has democratized access to Islamic knowledge, enabling social media influencers, preachers, and informal online scholars to serve as alternative sources of fatwas and religious guidance for Egyptian Muslims. In response, Al-Azhar has prioritized strengthening its academically grounded digital presence, while Dar al-Iftaʾ has pursued a more dynamic strategy by expanding online fatwa services, launching social media campaigns, and developing multilingual outreach programs. At the same time, this study reveals that state regulation and political involvement in Egypt’s digital religious sphere significantly shape both the autonomy and public perception of official religious institutions. This article contributes to the broader discourse on Islamic authority by illustrating how classical institutions negotiate legitimacy amid algorithmic visibility, digital pluralism, and state control.
Judicial Neutrality in Corruption Trials: A Contemporary Islamic Law Perspective on Independence in Transitional Legal Systems Irman Syahriar; Indera Dewi; Fifi Loanardy; Jamil Khairunnisah; Bilal Hussain
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.v4i2.11425

Abstract

This study examines the dynamics of judicial neutrality in corruption trials within transitional legal systems, analysed through the lens of Contemporary Islamic Law. The research aims to investigate how political pressures, systemic weaknesses, and legal culture affect judicial independence, and to evaluate the alignment of judicial conduct with the ethical and procedural principles embedded in Islamic legal thought. Employing a qualitative legal research method that draws on statutory, case, and conceptual approaches, the study synthesises legal texts, judicial decisions, and scholarly commentaries. The findings reveal that in transitional legal systems, judicial neutrality is often compromised by political interference, inadequate institutional safeguards, and cultural tolerances toward corruption, resulting in a crisis of public trust. From the perspective of Contemporary Islamic Law, the preservation of judicial independence is not only a procedural requirement but also a moral imperative grounded in maqāṣid al-sharī‘ah, particularly the protection of justice (ḥifẓ al-‘adl) and public interest (maṣlaḥah' āmmah). The study concludes that integrating Contemporary Islamic legal principles into anti-corruption judicial reforms can strengthen institutional independence, reinforce ethical accountability, and restore public confidence in the judiciary. This research contributes academically by bridging the discourse between legal reform in transitional contexts and the evolving application of Islamic legal theory to contemporary governance challenges.
Revitalising Maskan during ʿIddah: A Fiqh Analysis of Contemporary Post-Divorce Challenges in Indonesia Muhamad Hasan Sebyar; Anisa, Anisa; Asrori, Hadi; Sukiati, Sukiati; Bahy, Moh. Buny Andaru
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): 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.v5i1.11534

Abstract

This article explores the role of maskan (post-divorce residential rights) during the ʿiddah period as a meaningful mechanism for post-divorce reconciliation, employing a normative–empirical research design. The study integrates a conceptual analysis of Islamic legal sources with a socio-legal approach that engages contemporary legal practices, mediation processes, and the practical implementation of family law in Indonesia. Rather than treating maskan as an abstract doctrinal provision, this research situates it within the lived experiences of divorcing couples and legal actors. The findings reveal that when maskan is reduced to a mere legal formality, its capacity to foster dialogue, emotional stabilisation, and reconciliation is substantially weakened. In such contexts, residential arrangements during ʿiddah often fail to provide the psychological and relational space necessary for reflection and communication between former spouses. Conversely, empirical evidence shows that residential continuity during the ʿiddah period—when accompanied by effective mediation mechanisms and clear legal safeguards—can help prevent conflict escalation and significantly increase the prospects for marital reconciliation. By engaging contemporary socio-legal realities, this study reframes maskan as a protective and relational institution rather than a static legal rule. Drawing on the objectives of Islamic law (maqāṣid al-sharīʿah), maskan is conceptualised as serving broader aims, including the preservation of family integrity, the protection of human dignity, and the maintenance of social stability. On this basis, the article proposes a contextualised framework that bridges normative Islamic principles with practical legal needs. Policy recommendations include developing community-based transitional housing schemes, institutionalising court-integrated mediation during the ʿiddah period, and enforcing legal protections against unlawful eviction. Reconceptualised in this way, maskan emerges as both a legal entitlement and a socio-institutional instrument, enabling the ʿiddah period to function as a constructive phase that balances women’s rights, legal certainty, and the realistic possibility of post-divorce reconciliation. The primary academic contribution of this article lies in its reconceptualisation of maskan as a relational socio-legal institution within Islamic family law. By integrating normative Islamic legal principles with empirical socio-legal insights, this study moves beyond doctrinal readings that frame maskan solely as a post-divorce obligation.

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