cover
Contact Name
Wahyu Abdul Jafar
Contact Email
milrev@metrouniv.ac.id
Phone
+6282182429320
Journal Mail Official
milrev@metrouniv.ac.id
Editorial Address
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
Location
Kota metro,
Lampung
INDONESIA
MILRev: Metro Islamic Law Review
ISSN : -     EISSN : 2986528X     DOI : https://doi.org/10.32332/milrev.v2i1.6881
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 130 Documents
Digital Empowerment and E-Commerce Adoption among Handicraft SMEs: A Contemporary Islamic Economic Law Study Using the TOE Framework Nuril Aulia Munawaroh; Sudarmiatin; Erry Tri Djatmika; Agus Hermawan; Miftahul Munir
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.v4i2.11731

Abstract

This study critically examines the integration of the Technology-Organisation-Environment (TOE) framework into digital empowerment practices among handicraft small and medium-sized enterprises (SMEs) from the perspective of contemporary Islamic economic law. The research aims to explore how technological readiness, organisational capacity, and environmental support influence the adoption of e-commerce, while aligning these dynamics with Islamic ethical and legal principles such as fairness (‘adl), transparency (shafāfiyyah), and social welfare (maṣlaḥah). Using a qualitative descriptive approach, this study synthesises empirical findings from relevant literature and case studies of handicraft SMEs that have implemented digital transformation strategies. The analysis reveals that the successful adoption of e-commerce within Islamic legal frameworks depends not only on technological and managerial factors but also on compliance with sharia-based economic values that promote justice, trust, and ethical business practices. The study concludes that integrating the TOE framework into digital empowerment provides a holistic model for sustainable SME development, bridging modern economic innovation with the moral foundations of Islamic law. The academic contribution of this study lies in its interdisciplinary integration of the TOE framework with contemporary Islamic economic jurisprudence, offering a novel analytical model that bridges digital innovation and normative Islamic law. It enriches the discourse on digital transformation in Muslim-majority economies by offering a sharia-compliant perspective on sustainable SME development and policy formulation.
Contemporary Reassessment of Punishment in Islamic and Secular Law: A Comparative Study of Justice and Penal Philosophy Anis Mashdurohatun; Eid Abed Alhaleem Maslat Harahsheh; Muhammad Irwan Datuiding; Abun Hasbulloh Syambas; Prasetiyo Adhi Wibowo
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.11887

Abstract

This study offers a contemporary reassessment of punishment in Islamic Sharia and secular legal systems by comparatively examining their classifications, objectives, and underlying penal philosophies. While both frameworks seek to deter crime, uphold justice, and preserve social order, they diverge significantly in epistemological foundations, moral orientation, and modes of legal authority. Employing a qualitative comparative legal approach, this research integrates classical Islamic jurisprudence with contemporary statutory regulations and judicial practices. The analysis moves beyond doctrinal exposition to address current challenges in crime prevention, legal objectivity, proportionality, and the role of state authority in administering punishment. Particular attention is given to the ethical coherence and legitimacy of each system in responding to modern social complexities. The findings reveal that Islamic Sharia—especially through its taʿzīr framework—offers a principled yet flexible penal paradigm that balances deterrence, moral reform, and restorative considerations. Its emphasis on proportionality, judicial discretion, and ethical responsibility reflects a holistic vision of justice consistent with the objectives of the Maqāṣid al-Sharia. Conversely, contemporary secular legal systems increasingly prioritize rehabilitation and utilitarian efficiency but often encounter structural challenges, including sentencing disparities, systemic bias, and susceptibility to political or socioeconomic interests. This study contributes academically by enriching comparative penal theory through an integrative ethical analysis of Sharia and secular models. It demonstrates that Sharia’s justice-oriented framework provides valuable normative insights for contemporary penal reform, particularly in enhancing fairness, accountability, and moral balance within modern criminal justice systems.
Contemporary Islamic Economic Law on Legal Protection for Bankrupt Guarantors: Comparative Insights from Common Law and Asian Jurisdictions Bambang Sugeng Ariadi Subagyono; Ermanto Fahamsyah; Hariyanto Sururi; Amaliyah
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.v4i2.11897

Abstract

The legal protection of guarantors declared bankrupt or suspended from debt payment obligations (PKPU), together with the principal debtor, remains a critical yet underexplored issue in Indonesian insolvency law. This study examines the scope and adequacy of such protections under contemporary Islamic economic law, providing comparative insights from selected common law and Asian jurisdictions. Employing a normative juridical approach combined with comparative legal analysis, the research analyses statutory provisions, judicial precedents, and doctrinal interpretations. The study highlights the imbalance of liability between guarantors and debtors, the absence of explicit safeguards under Law No. 37 of 2004 on Bankruptcy and PKPU, and the resulting implications for creditor rights and economic justice. Comparative analysis draws from the United Kingdom and United States (standard law systems) and Singapore, Japan, and Malaysia (Asian jurisdictions), revealing more structured protections for guarantors, including mechanisms such as independent liability, automatic stay, and negotiated debt restructuring. The findings indicate that Indonesia's current framework inadequately recognises the secondary and derivative nature of guarantor obligations, exposing them to disproportionate risk. This study contributes to the academic discourse by integrating contemporary Islamic economic principles into the analysis of insolvency law, providing a normative framework for reform and offering comparative insights that can inform both legislation and future research on guarantor protection. The study recommends legislative reform to explicitly regulate guarantor protection, integrating principles of proportionality, good faith, and balanced creditor–debtor relations, in line with contemporary Islamic economic law.
Adapting Iraqi Law to Smart Contracts: A Comparative Analysis Incorporating Islamic Law Principles and Consumer Protection in the Contemporary Digital Era Mahmood Alaloosh; Govar Majed Ahmad; Lara Adel Jabbar
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13031

Abstract

This paper analyzes the opportunities and obstacles to introducing smart contracts into the Iraqi legal framework, focusing on the doctrinal and practical aspects. Smart contracts are self-executing transactions based on blockchain networks, lacking the involvement of intermediaries, and contest the concepts of consent, lawful subject matter, and cause of action in traditional civil-law regimes, as embodied in the Iraqi Civil Contracts Law No. 40 of 1951. Using a descriptive-analytical and comparative research approach, the study assesses Iraqi laws, as well as the experience of other countries, specifically the United States, the European Union, and the United Arab Emirates, in relation to legal recognition, assigning liability, consumer protection, and automated implementation. The conclusions show that the current legal system in Iraq lacks express clauses addressing smart contracts, leading to confusion about the identification of parties, their binding relationships, and penalties for programming errors. A comparative analysis shows that effective regulatory models are characterized by clear legal definitions, judicial capacity-building, regulatory sandboxes, and consumer rights protection. The analysis also draws on Islamic normative concepts (maqāṣid al-sharīʿah), such as ḥifẓ al-māl (wealth preservation), al-ʿadl (justice), and darʾ al-mafsid (hitting back), to support ethical governance, algorithmic responsibility, and risk avoidance. On this basis, the study suggests a balanced legislative framework for Iraq that would uphold classical principles of contract keeping and empower digital innovation by introducing statutory treatment of smart contracts, well-structured liability rules, consumer protection, and institutional reforms. Such a framework promotes the responsible adoption of automated contracts in sectors including e-commerce and financial services, enhances legal predictability, aligns domestic law with cross-border digital practices, and ensures normative legitimacy within an Islamic and international legal context.
Sport, Spirituality, and Brand Experience: Examining Marathon Participant Loyalty in the Contemporary Islamic Lifestyle Ecosystem Yudiarto Perdana Putra; Sudarmiatin; Budi Eko Soetjipto; Cipto Wardoyo; Afif Nur Rahmadi
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12258

Abstract

This study examines the interconnections among sport, spirituality, and brand experience in shaping marathon participants' loyalty within the contemporary Islamic lifestyle ecosystem. The increasing emergence of Islamic-themed marathons—incorporating elements of da’wah, charity, and halal-oriented community engagement—indicates that sporting events are no longer perceived solely as arenas of physical competition. Instead, they function as spaces for meaning-making, spiritual connection, and the expression of modern religious identity. Using a phenomenological qualitative approach, this study explores how participants interpret and narrate their experiences in Islamic-themed marathon events. Particular attention is given to how the event’s religious atmosphere, embedded spiritual values, and participants’ interactions with the organisers’ symbols, narratives, and identities cultivate emotional attachment. Data were collected through in-depth interviews, field observations, and analysis of digital documents related to various Islamic running events, allowing for a comprehensive understanding of lived experiences and symbolic engagement. The findings reveal that both personal and communal dimensions of spirituality play a crucial role in reinforcing emotional bonds between participants and event organisers. These bonds extend beyond satisfaction with event quality, shaping a more profound sense of belonging, shared purpose, and value alignment. As a result, participants demonstrate stronger intentions to re-participate and to recommend the events within their social networks. This study contributes to Islamic marketing and consumer culture scholarship by highlighting how contemporary sports practices can be strategically integrated with spiritual values. It shows that within the expanding Islamic lifestyle industry, brand loyalty can be cultivated not only through functional or experiential benefits but also through spiritually meaningful engagement.
Halal Tourism Policy in the Contemporary Era: A Maqāṣid al-Sharīʿah Perspective on Regulatory Gaps Farid Wajdi; Rizki Firmanda Dardin; Ummi Salamah; Mhd Nurhusein Daulay; Kholidah
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12529

Abstract

This study examines the implementation of halal tourism policies in Indonesia in the contemporary era, which has developed amid regulatory fragmentation and regional-level differences in interpretation, due to the absence of a comprehensive national legal umbrella. Halal tourism is not placed solely as an economic and branding instrument, but as a public legal policy issue related to legal certainty, normative authority, and the achievement of benefits. This research employs normative legal methods, including legislative and conceptual approaches. The analysis was carried out qualitatively through doctrinal interpretation and critical legal reasoning of laws and regulations, regional policies, DSN-MUI fatwas, and relevant academic literature. The results of the study show that the absence of national regulations has given rise to a plurality of halal tourism policy models, ranging from the binding formalisation of Sharia in Aceh, a pragmatic market-based approach in West Nusa Tenggara, to the rejection of halal terminology in Bali, based on the protection of cultural identity. In this context, the DSN-MUI fatwa functions as a normative and ethical authority that is a soft law without juridical binding, so it has not been able to guarantee the consistency of halal tourism governance nationally. An evaluation based on maqasid shari'ah, especially the protection of religion, intellect, and property, shows that halal tourism policies across regions still tend to be symbolic and pragmatic and have not fully realized the benefits or increased the utility of tourists in worldly and ukhrawi (falah) ways. This study concludes that a national policy framework for halal tourism is needed, based on adaptive, inclusive minimum national standards that ensure legal certainty while respecting the plurality of regional cultures. The academic contribution of this research lies in the formulation of a halal tourism legal framework based on maqasid shari'ah that integrates Islamic normative values with the principles of decentralisation and pluralism of Indonesian law.
Reframing Medical Malpractice Resolution: Restorative Justice between Indonesian Criminal Law and Iṣlāḥ in Contemporary Islamic Law Hadi Purnomo; Widhi Handoko; Murad Altwaiqat
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13100

Abstract

The enactment of Law Number 1 of 2023 on the Indonesian Criminal Code marks a shift in Indonesia’s criminal justice paradigm from retributive punishment toward restorative justice, emphasizing victim recovery, proportional accountability, and substantive justice. This transformation is particularly relevant to medical malpractice cases, which involve complex intersections of professional standards, medical ethics, and patient rights. Conventional punitive approaches have often failed to ensure victim restoration while risking excessive criminalization of medical practitioners. This study aims to analyze the application of restorative justice within the Indonesian criminal law system to resolve medical malpractice cases and to comparatively examine its conceptual convergence with the principle of iṣlāḥ in contemporary Islamic law, a peace-oriented dispute-resolution mechanism. This research employs a normative juridical approach by analyzing statutory regulations, legal doctrines, and contemporary Islamic legal scholarship related to restorative justice and iṣlāḥ. The analysis focuses on the philosophical foundations, normative structures, and practical implications of both legal frameworks. The findings reveal that the post-reform Indonesian Criminal Code provides a broader normative space for integrating restorative justice principles into criminal policy, including in the handling of medical malpractice disputes. Meanwhile, iṣlāḥ in contemporary Islamic legal thought emphasizes reconciliation, deliberation, proportional responsibility, and restoration of rights, grounded in Qur’anic values and Prophetic traditions. Comparatively, both frameworks demonstrate a shared restorative orientation that prioritizes balanced protection of victims and practitioners, social harmony, and sustainable conflict resolution, despite differences in epistemological foundations and normative sources. This study contributes to the development of an integrative restorative model by demonstrating the normative compatibility between Indonesian criminal law reform and Islamic legal principles, offering a more equitable, proportionate, and human-centered approach to resolving medical malpractice disputes in contemporary Indonesia.
Preventing Corruption in Government Bodies Under the Laws of Muslim and European Countries in the Contemporary Era Tetiana Kolomoiets; Denys Chyzhov; Andriy Osaulenko; Serhii Kushnir; Vyacheslav Krahlevych
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13201

Abstract

This study examines mechanisms for preventing corruption in contemporary governance through a comparative analysis of Islamic and European legal frameworks. The research aims to identify normative principles, institutional structures, and regulatory approaches that enhance anti-corruption effectiveness in state authorities, highlighting the influence of religious and secular legal norms. A comparative legal method was employed to analyse primary legal sources, institutional models, financial control systems, and sanctioning approaches. In Muslim countries, Sharia principles are integrated with national legislation to regulate anti-corruption measures, as seen in the United Arab Emirates, where strict criminal sanctions for bribery are reinforced by digital control of public services. In contrast, European countries, exemplified by France under the Sapin II Law (2016), implement mandatory corporate compliance programs within a secular legal framework and emphasise institutional transparency and accountability. Statistical indicators, including the Transparency International Corruption Perception Index for 2020–2025, were examined alongside the operational practices of specialised anti-corruption bodies. Findings reveal that the effectiveness of anti-corruption measures depends not only on sanction severity but also on the comprehensiveness of legal regulation, institutional independence, and societal intolerance for corruption. Muslim countries achieve notable results when religious principles are combined with modern management tools, while European countries excel through systematic preventive policies, transparency, and accountability mechanisms. The study highlights both commonalities and divergences between the two legal models and outlines opportunities to adapt selected elements of foreign anti-corruption practices to the Ukrainian context. This comparative approach contributes to the scholarly understanding of how legal, institutional, and cultural factors jointly shape corruption prevention, offering insights for policymakers seeking to strengthen governance frameworks in diverse socio-legal settings.
Measuring Contemporary Islamic Banking Sustainability: Integrating ESG and Maqashid al-Syarī‘ah in Indonesia Edian Fahmy; Nadratuzzaman Hosen, Muhamad; Dewi Warninda, Titi; Rama, Ali; Aimar, Qeis
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12880

Abstract

The measurement of sustainability in Islamic banking in Indonesia remains largely dominated by conventional Environmental, Social, and Governance (ESG) frameworks, which tend to emphasize formal compliance and value-neutral indicators. Such approaches have not fully captured the ethical and normative dimensions embedded in Islamic finance. This study aims to formulate a comprehensive model for measuring the sustainability of contemporary Islamic banking by integrating ESG principles with Islamic value-based sustainability indices, namely the Islamic Corporate Sustainability Practices Index (ICSPI), Islamic Banking Sustainability Performance Index (IBSPI), and Maqāṣid Sharī‘ah Index (MSI). This research employs a mixed-methods approach. The Analytic Network Process (ANP) is utilized to identify and prioritize the most relevant sharia-based sustainability index based on stakeholder perspectives. Furthermore, Structural Equation Modeling–Partial Least Squares (SEM-PLS) is applied to examine the impact of ESG integration and Sharia sustainability models on the financial performance of Islamic banks, as proxied by Return on Assets (ROA) and Return on Equity (ROE). The findings reveal that integrating ESG with a maqāṣid al-sharī‘ah-based sustainability index provides a more holistic and substantive framework for assessing sustainability in Islamic banking. This integrated model not only enhances measurement accuracy but also aligns financial performance with ethical and social objectives rooted in Islamic principles. This study contributes to the advancement of contemporary Islamic economic law by offering a conceptual framework that bridges conventional sustainability metrics with Islamic normative values. Additionally, it provides practical implications for policymakers and industry practitioners in developing more robust, value-oriented sustainability standards within the Islamic banking sector.
The Ethical Identity Index Based on Contemporary Maqaṣid al-Sharīʿah in Islamic Banking in Indonesia Amimah Oktarina; Jaka Sriyana; Akhsyim Afandi; Abdul Hakim
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12778

Abstract

Ethical disclosure constitutes a central pillar of accountability in Islamic banking; however, existing measurement tools, particularly the Ethical Identity Index (EII), have not sufficiently captured recent developments in reporting practices within the Indonesian context. Prior studies predominantly employ static ethical frameworks, thereby limiting their responsiveness to evolving governance standards and contemporary interpretations of Islamic ethical principles. This study aims to address this gap by developing a Modified Sharia-Based Ethical Identity Index (MSBEII) grounded in Jasser Auda’s contemporary Maqaṣid al-Sharīʿah framework, which emphasises a dynamic, multidimensional approach to Islamic ethics. This research adopts a quantitative design by analysing annual reports of Islamic banks in Indonesia and comparing ethical disclosure quality before and after the implementation of the MSBEII. The Wilcoxon signed-rank test is utilised to examine statistically significant differences between disclosure scores derived from the original EII and the modified index. The findings demonstrate a significant improvement in ethical disclosure scores following the application of the MSBEII, indicating that the modified index is more sensitive in capturing previously underrepresented ethical dimensions, particularly those related to governance transparency, social responsibility, and value-based compliance. These results confirm that integrating a contemporary Maqaṣid al-Sharīʿah perspective enhances the analytical depth and contextual relevance of ethical disclosure measurement. Theoretically, this study contributes to advancing the Islamic banking literature by bridging the gap between normative Islamic ethical frameworks and empirical assessment tools. Practically, the MSBEII provides a more comprehensive and adaptable instrument for regulators, standard-setters, and industry practitioners to strengthen governance quality and ethical accountability.

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