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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 128 Documents
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Child Protection from Cyber Violence: An Analysis of CRC General Comment No. 25 and Contemporary Islamic Ethical Perspectives in Indonesia and Malaysia Rizki Adi Pinandito; Hartiwiningsih; Rustamaji, Muhammad
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.v5i1.12762

Abstract

The research aims to analyze the extent to which both countries have developed regulatory and institutional mechanisms to safeguard children from digital harm and to formulate an integrative model of protection that aligns international child rights standards with contemporary Islamic ethical values. In this context, Islamic ethical principles derived from maqāṣid al-sharī‘ah are positioned as a normative foundation for strengthening digital child protection. This research employs normative or doctrinal legal research using statutory, conceptual, and comparative approaches to examine relevant legal norms, principles, and doctrines in Indonesia and Malaysia, alongside the ethical framework of maqāṣid al-sharī‘ah. The findings indicate that the regulatory framework for child protection from cyber violence in Indonesia has shown normative progress and policy alignment with the CRC and General Comment No. 25, yet its implementation remains partial and fragmented. In comparison, Malaysia demonstrates relatively more structured institutional coordination in addressing online risks to children. Based on this comparative synthesis, the study proposes an ideal ius constituendum model of integrative and coherent protection through a systemic risk-based regulatory design grounded in the principles of maṣlaḥah and sadd al-dharā’i (harm prevention), while reinforcing justice (‘adl) through equal service standards, including for children in remote and disadvantaged regions. Academically, this study contributes to the development of contemporary Islamic legal scholarship by bridging international child rights standards with Islamic ethical principles in the context of digital governance. It also offers a conceptual framework for integrating CRC/GC25 norms with maqāṣid al-sharī‘ah as a complementary ethical foundation for shaping responsive, culturally grounded cyber child protection policies in Muslim-majority societies.
The Hudoq Kita': A Contemporary Reinterpretation of Dayak Kenyah Cosmology in Light of Islamic Legal and Theological Perspectives Tri Indrahastuti; Trisakti; Arif Hidajad; Setyo Yanuartuti; Rina Martiara
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.v5i1.10333

Abstract

This study aims to reinterpret the cosmology of the Hudoq Kita' Dance as an embodied theology within the lived experience of the Dayak Kenyah community, while also examining its relevance from the perspectives of Islamic law and theology in the contemporary era. To date, the Hudoq Kita' Dance has generally been understood as a symbolic–cultural ritual, whereas its theological and normative dimensions—particularly in dialogue with Islamic tradition—have received limited systematic scholarly attention. Employing a qualitative methodology, this research adopts ethnographic and normative–theological approaches. Data were collected through literature review, visual documentation analysis, and symbolic interpretation of movement patterns, masks, and ritual structures in the Hudoq Kita' Dance. The analysis integrates Dayak Kenyah cosmology with Islamic theological frameworks, particularly concepts regarding the relationships among humans and God, nature, and the social community. The findings indicate that the Hudoq Kita' Dance represents a cosmological worldview that emphasizes ecological harmony, collective responsibility, and spiritual consciousness as foundational elements of social life. These values resonate with the principles of tawḥīd rubūbiyyah, the concept of khalīfah fī al-arḍ, and environmental ethics within Islamic theology. From the perspective of Islamic law, the practice of the Hudoq Kita' Dance may be understood as an expression of local wisdom that does not contradict the objectives of Islamic law (maqāṣid al-sharīʿah), provided that it is interpreted symbolically and contextually and does not involve elements of shirk or violations of fundamental creedal principles. The significance of this study lies in its contribution to expanding culturally grounded scholarship in Islamic law and theology, strengthening dialogical approaches between Islam and indigenous traditions, and offering a conceptual framework for the development of an inclusive, contextually grounded cultural fiqh in Indonesia.
Bridging Legal Traditions in Consumer Protection: Criminal Liability in Comparative Jurisprudence and Contemporary Islamic Law Bambang Suheryadi; Hariyanto; Bambang Sugeng Ariadi Subagyono; Agus Yudha Hernoko; HD. Djunaedi
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.v5i1.12863

Abstract

Consumer protection has become an increasingly urgent legal issue in the era of global trade and digital commerce, where complex market structures and cross-border transactions intensify the vulnerability of consumers. This study aims to examine the construction of criminal liability in consumer protection by bridging different legal traditions through a comparative analysis of contemporary legal systems and Islamic legal principles. The research employs a normative legal method, using a comparative and conceptual approach to analyse statutory regulations, jurisprudence, and legal scholarship from several jurisdictions, including Indonesia, the United Kingdom, and Malaysia, alongside perspectives from contemporary Islamic law. The findings demonstrate that Indonesia's consumer protection regime, regulated under Law No. 8 of 1999 on Consumer Protection, is primarily grounded in the principles of benefit, justice, and legal certainty. Yet, it still places criminal sanctions as ultimum remedium and largely relies on fault-based liability with a reverse burden of proof. In contrast, the United Kingdom applies a strict liability regime for defective products, influenced by the Product Liability Directive, which enables stronger producer accountability regardless of fault. Malaysia adopts a hybrid regulatory approach, particularly in addressing consumer risks within digital and online transactions. From the perspective of contemporary Islamic law, consumer protection is normatively supported by principles such as the protection of property (ḥifẓ al-māl), the removal of harm (al-ḍarar yuzāl), and the prohibition of fraudulent practices (gharar and tadlīs), which conceptually reinforce stricter liability frameworks for producers. This study contributes to the development of consumer protection discourse by proposing a bridging framework between comparative jurisprudence and Islamic legal principles. It argues that integrating strict liability concepts with maqāṣid-oriented Islamic legal values can strengthen the normative and institutional design of consumer protection regimes, particularly in Indonesia, by enhancing legal certainty, accountability, and consumer justice in the contemporary marketplace.
The Integration of Positive and Islamic Law in Contemporary Forest Conservation Policies Based on Sustainable Development: A Comparative Study of Indonesia and Malaysia Absori; Arief Budiono; Mohammad Indra Bangsawan; Rizka; Aminuddin Mustaffa
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.v5i1.13038

Abstract

This study examines the integration of positive law and Islamic law within contemporary sustainable development–based forest management conservation policies through a comparative analysis of Indonesia and Malaysia. The research aims to analyze the normative and regulatory frameworks governing forest conservation in both countries and explore the extent to which Islamic legal principles are incorporated into state-based environmental governance. Employing a qualitative doctrinal and comparative legal approach, this study analyzes statutory regulations, policy documents, judicial decisions, and relevant Islamic legal sources, complemented by secondary scholarly literature. The analytical framework combines sustainable development theory with maqāṣid al-sharīʿah to assess how environmental protection aligns with both constitutional mandates and Islamic normative objectives. The findings reveal that Indonesia and Malaysia demonstrate different models of legal integration. Indonesia tends to institutionalize environmental protection through constitutional and statutory mechanisms, while incorporating Islamic values in a more implicit, socio-cultural manner. In contrast, Malaysia exhibits a more formal recognition of Islamic legal principles within state-level religious and environmental governance structures. Despite these differences, both countries reflect a converging commitment to ecological sustainability grounded in legal pluralism. However, challenges remain in harmonizing regulatory enforcement, addressing the drivers of deforestation, and ensuring community-based participation. This study contributes to the development of contemporary Islamic environmental jurisprudence by offering a comparative legal model of integrative governance between positive and Islamic law in forest conservation policy. It advances scholarly discourse on legal pluralism, sustainable development, and the operationalization of maqāṣid al-sharīʿah within modern environmental regulatory frameworks in Muslim-majority countries.
Reconstructing Contemporary Legal Methodology through the Noetic Triadic Spiral Model: A Trans-Epistemological Perspective Kelik Wardiono; Arief Budiono; Isman, Isman; Arova Bakhtiar; Dwinuryidha Ken Rifqi
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.v5i1.13039

Abstract

This study aims to reconstruct contemporary legal methodology by proposing the Noetic Triadic Spiral Model as a trans-epistemological framework that integrates revelation (waḥy), reason (ʿaql), and empirical reality (wāqiʿ) in a dynamic and iterative structure. The research responds to the growing epistemic fragmentation between normative-textual approaches and socio-empirical legal reasoning in contemporary Islamic legal thought. It seeks to formulate a methodological model that bridges classical uṣūl al-fiqh with contemporary interdisciplinary demands without undermining its theological foundations. This research employs a qualitative normative-philosophical approach combined with conceptual analysis and critical hermeneutics. Primary sources include classical works of uṣūl al-fiqh and modern reformist legal theories, which are analyzed through a comparative-constructive method. The study also incorporates epistemological mapping to identify structural tensions between scriptural authority, rational deliberation, and socio-historical contingencies. Through this approach, the Noetic Triadic Spiral Model is formulated as a spiral (rather than linear) interaction among three epistemic domains, emphasizing continuous reinterpretation, reflexivity, and contextual validation. The findings demonstrate that the proposed model offers a coherent methodological reconstruction that transcends the dichotomy between textualism and contextualism. By conceptualizing legal reasoning as a spiral process of noetic engagement—where revelation provides normative orientation, reason ensures coherence and systematicity, and empirical reality functions as a field of verification—the model strengthens methodological adaptability while preserving doctrinal integrity. The spiral nature ensures that interpretation remains open to revision without collapsing into relativism. The scientific contribution of this study lies in its formulation of a trans-epistemological paradigm that rearticulates legal methodology beyond classical dualisms. It provides a theoretical bridge between traditional jurisprudential structures and contemporary legal challenges, contributing to ongoing debates on reform, renewal (tajdīd), and methodological integration in legal theory. The Noetic Triadic Spiral Model thus offers an innovative framework for rethinking legal reasoning in a plural, complex, and rapidly evolving global context.
Contemporary Human Rights Safeguards in Islamic Law Justice: A Comparative Study in Indonesia, Saudi Arabia, and Egypt Sahat Maruli Tua Situmeang; Athari Farhani; Subagyo Sri Utomo; Musa Darwin Pane
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.v5i1.13066

Abstract

This study examines the protection of human rights in the context of arrest, detention, and judicial remedies from the perspectives of Islamic law and contemporary legal systems through a comparative analysis of Indonesia, Saudi Arabia, and Egypt. Employing a normative legal research method, the study draws upon authoritative legal sources, including international human rights instruments such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights, as well as relevant national legislation in the three jurisdictions. The findings reveal distinct models in the integration of Islamic legal principles within state legal frameworks. Indonesia represents a constitutional democratic model with a relatively high degree of justiciability, reflected in robust judicial review mechanisms and stronger guarantees of due process. In contrast, Saudi Arabia embodies a centralized monarchical system, where judicial independence and oversight of administrative detention remain comparatively limited. Egypt, meanwhile, exhibits a hybrid model that combines civil law traditions with Islamic legal influences, resulting in a moderate level of judicial independence. Importantly, the study demonstrates that the alignment between core Islamic legal principles—such as justice (‘adl), the presumption of innocence, the prohibition of arbitrary detention, and access to legal remedies—and contemporary human rights standards is not merely normative; rather, it is operationalized through three key mechanisms: the contextual reinterpretation of fiqh, the codification of norms into national legislation, and the strengthening of judicial practices through rulings that uphold due process of law. This research contributes to the scholarly discourse by offering a comparative framework that bridges Islamic jurisprudence and modern human rights law, while also proposing practical pathways for legal harmonization. It recommends the systematic integration of Islamic legal values into contemporary human rights protection through adaptive reinterpretation, legislative reform, and the strengthening of judicial independence and institutional capacity.
Cross-Border Nikah Sirri between Malaysia and Indonesia: Contemporary Legal and Social Dynamics in Borneo Sri Wahyuni; Ahmad Abdlkareem Sarairah; Mohamed W. Abouyounes
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.v5i1.11047

Abstract

This article examines the phenomenon of cross-border nikah sirri (unregistered marriage) between Malaysia and Indonesia in the Borneo region, particularly involving Malaysian Sarawakians and migrant labourers. The study aims to analyse the contemporary legal frameworks governing nikah sirri in both countries, explore the socio-cultural and structural factors that motivate cross-border marriage practices, and assess their implications for the protection of women’s and children’s rights. Employing a socio-legal approach, this research integrates primary data derived from in-depth interviews and field observations with secondary sources from relevant legal and academic literature. The findings reveal that undocumented migrant workers in Sarawak frequently cross into Indonesian border areas to conduct nikah sirri, facilitated by transnational kinship networks, including Dayak communities who provide social and ritual support. From a legal perspective, Malaysia strictly prohibits unregistered marriages and imposes administrative sanctions for them. In contrast, Indonesian law adopts a more accommodating stance by allowing post-facto legalisation through itsbat nikah (marriage confirmation) in the Religious Courts, alongside limited legal recognition for children. However, such cross-border practices are often treated in Malaysia as legal evasion and a violation of public order, rendering the marriages invalid and leaving women and children without formal legal protection, including issues related to lineage and civil status. From the perspective of maqāṣid al-sharīʿah, these practices tend to generate greater harm (maḍarat) than benefit (maṣlaḥah), particularly in failing to safeguard lineage (ḥifẓ al-nasl) and legal certainty. This study contributes to the discourse on transnational Islamic family law by offering a comparative and empirically grounded analysis of regulatory gaps and their social consequences. It further argues for an integrative approach to legal reform to strengthen cross-border protection mechanisms and ensure substantive justice for vulnerable groups.
A Contemporary Framework for Integrating Maqāṣid al-Sharīʿah and ESG in Designing Sharia Capital Market Indices Lilis Renfiana; Mohammad Ridwan; Ali Akram kadhim; Saleem Asouli; Noor Snober; Misnen Ardiansyah
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.v5i1.13091

Abstract

This study develops a contemporary framework for integrating Maqāṣid al-Sharīʿah with Environmental, Social, and Governance (ESG) principles in the design of Sharia capital market indices. It addresses the persistent gap between formalistic Sharia screening—primarily concerned with legal compliance—and the materiality-driven logic of ESG, which emphasizes sustainability impact. Employing a qualitative conceptual approach, the study constructs a Three-Tier Framework that repositions Maqāṣid al-Sharīʿah as the teleological foundation of sustainability assessment. The framework is operationalized into a systematic blueprint comprising four integrative themes and 22 measurable indicators. These indicators are derived from a thematic clustering of 45 elements from the Maqāṣid al-Sharīʿah Research Index (MSRI) and subsequently aligned with internationally recognized standards, including the Global Reporting Initiative (GRI) and the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). The alignment process applies two criteria: dual relevance to both Maqāṣid and ESG dimensions, and the availability of verifiable public data. Preliminary validation through case studies of PT Bukit Asam and Unilever Indonesia demonstrates the framework’s ability to differentiate sustainability performance across sectors while revealing substantive gaps in current Sharia reporting practices, particularly in narrative depth and impact orientation. Unlike prior studies that position Maqāṣid and ESG as parallel constructs, this research reconstructs the evaluative logic by embedding Maqāṣid as the ethical core of ESG integration. This study contributes both theoretically and practically by advancing an integrated paradigm for Islamic finance and offering a replicable model for index construction. It provides a conceptual and operational foundation for transforming Sharia capital markets toward a more holistic, impact-oriented, and ethically grounded sustainability assessment system.

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