cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
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 142 Documents
 11   12   13   14   15 
Contemporary Ulama Critiques on the Application of Letters of Credit in Modern Trade Finance Nur Hidayati; Asmawi; Nur Hidayah; Satriya Nugraha; Syariful Anam; Ahmad Alsharu
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.v5i1.11615

Abstract

This article examines contemporary Islamic scholars' criticisms of the conventional letter of credit (LC) structure, particularly the documentary compliance principle embodied in Article 14 of the Uniform Customs and Practice for documentary credits (UCP 600). While LC has long functioned as a central payment mechanism in international trade, its document-based structure has raised normative concerns among contemporary scholars of Islamic finance. This study aims to analyze the structural features of Article 14 UCP 600, classify the main strands of scholarly criticism, and assess their empirical relevance through judicial decisions involving LC disputes. The research adopts a qualitative socio-legal approach that combines normative analysis of contemporary scholarly literature with empirical examination of court decisions. The normative data comprise international LC standards and scholarly works on autonomy, ownership, contractual structure, and uncertainty in LC transactions. Empirical data are drawn from Indonesian court decisions involving LC disputes between 2019 and 2025, identified through the Supreme Court's decision directory. A Total of nine cases explicitly related to LC were analyzed using descriptive statistical mapping and qualitative legal analysis. The findings reveal three structural patterns in LC disputes. First, most conflicts are centered on documentary compliance and payment obligations rather than the underlying goods, confirming the formalistic nature of LC disputes. Second, more than half of the contractual framework of LC-based financing. Third, a significant proportion of criminal cases demonstrates the risk of fraudulent or fictitious transactions enabled by the document-based system. The empirical patterns closely align with contemporary scholarly critiques, which highlight the structural separation between documents and real transactions, contractual ambiguity, and the potential for uncertainty. The study concludes that the documentary structure of conventional LC lacks the practical relevance of contemporary scholarly criticisms. This study contributes to strengthening contemporary Islamic finance scholarship by demonstrating the empirical relevance of Islamic scholarly critiques of the documentary structure of the conventional Letter of Credit under Article 14 of UCP 600 in modern trade finance disputes.
The Dynamics of Contemporary Fatwas in the Digital Age: A Study of the East Java MUI’s Resistance to the Paylater System Bhismoadi Tri Wahyu Faizal; Akhmad Farid Mawardi Sufyan; Erie Hariyanto; M. Haris Hidayatulloh; Nashat Mohammad Abdel Qader Bani Hamad
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.v5i1.12240

Abstract

The East Java MUI Fatwa Number 4 of 2022 on Digital Transactions with the Paylater System emerged amid a national normative vacuum, as the National Sharia Council-Indonesian Ulama Council (DSN-MUI) has yet to issue a fatwa specifically regulating paylater mechanisms. This study aims to analyse: (1) the dynamics of contemporary fatwas in the digital age amid the absence of national Sharia regulation concerning paylater systems; (2) the forms of resistance articulated by the East Java MUI through Fatwa Number 4 of 2022; and (3) the dissemination of the fatwa and its reception among Muslim communities in East Java. This research employs a mixed methods approach integrating normative juridical and empirical perspectives. Primary data were collected through a survey involving 50 respondents across East Java, while secondary data consisted of the fatwa document, relevant DSN-MUI fatwas, academic literature, and media coverage related to digital financial transactions. The findings reveal three principal forms of resistance: resistance to usury (riba) manifested in interest-based charges, resistance to late payment penalties, and resistance to coercive debt collection practices, including intimidation and public shaming. However, this resistance does not amount to an absolute prohibition of paylater systems; rather, it represents a constructive normative critique that opens pathways for the development of Sharia-compliant paylater products. The study further demonstrates that fatwa dissemination remains ineffective, with only 28% of respondents aware of the fatwa’s existence. This research offers a dual contribution. Normatively, it formulates Sharia compliance criteria applicable to paylater mechanisms in the absence of a dedicated DSN-MUI fatwa. Empirically, it provides the first survey-based evidence regarding public awareness and reception of contemporary fatwas within the context of digital Islamic consumer finance governance.
Rethinking Contemporary Pesantren Law and Economic Independence: A Legal Economic Approach to Institutional Sustainability Anas Alhifni; Biyati Ahwarumi; Radif Khotamir Rusli; Ramadhita; Firdaus Arifin; Naim Demirel
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.v5i1.12977

Abstract

This study critically examines the relationship between Law No. 18 of 2019 concerning Pesantren and the realization of economic independence within Islamic boarding schools in Indonesia through the perspective of law and economics. Although the law formally recognizes pesantren as institutions of community empowerment, this article questions whether normative legal recognition is sufficient to create sustainable economic autonomy. The research employs a doctrinal legal method combined with an institutional economics approach, emphasizing incentive structures, transaction costs, institutional governance, and economic sustainability. Data were analyzed through statutory interpretation, conceptual analysis, and institutional evaluation of pesantren economic practices in contemporary Indonesia. The findings demonstrate a significant gap between normative legal expectations and practical implementation. Many pesantren continue to experience structural limitations in access to capital, managerial professionalism, market integration, and institutional competitiveness, resulting in continued dependence on state assistance and donor-based programs. The study further reveals that the effectiveness of pesantren law is strongly influenced by the design of legal-economic incentives, institutional differentiation between resource-rich and resource-poor pesantren, and the integration of pesantren enterprises into the broader Islamic financial ecosystem. This article argues that economic independence should not be understood as an automatic consequence of legal recognition, but rather as a dynamic and negotiated process involving the interaction of state regulation, market mechanisms, and religious authority. The study contributes to contemporary Islamic legal scholarship by offering an institutional economics framework for pesantren development and proposing policy recommendations focused on incentive-based regulation, tiered Sharia-compliant financing, and sustainable institutional capacity building for pesantren economic transformation.
Electronic Signatures in Saudi Arabia's Contemporary Digital Era: Examining Authenticity and Attribution Through the Lens of Islamic Law Hajed A. Alotaibi; Bandar A. Alyahya; Salem R. Alazizi
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.v5i1.13561

Abstract

The rapid digitalization of Saudi Arabia under Vision 2030 raises a fundamental jurisprudential question: whether Islamic evidentiary doctrines grounded in moral intentionality can be authentically replicated within algorithmic authentication systems. This study is guided by three research questions: (1) how Saudi digital trust laws reconcile technological authenticity with Islamic evidentiary doctrines that require moral responsibility; (2) whether electronic signatures can satisfy the classical Sharīʿah requirements of intention (niyyah) and attestation (tawthīq), traditionally fulfilled through human witnesses; and (3) what interpretive logic enables statutory law and Islamic jurisprudence to generate both technical reliability and spiritual legitimacy. Employing a doctrinal-comparative qualitative methodology, the study integrates maqāṣid al-Sharīʿah analysis, analogical legal reasoning, and functional equivalence assessment. The analysis draws on the Digital Trust Services Regulation (2025), the Law of Evidence (2022), and the Civil Transactions Law (2024), alongside classical fiqh sources and comparative frameworks from the EU eIDAS Regulation, Malaysia, and the Dubai International Financial Centre (DIFC). The findings reveal that cryptographic authentication functions as the contemporary equivalent of classical tawthīq and bayyinah in establishing legal certainty and evidentiary reliability. Furthermore, Islamic ethical principles such as Amānah (trustworthiness) and ṣidq (truthfulness) are institutionalized as enforceable compliance obligations rather than merely aspirational moral values. The study also demonstrates that Saudi Arabia's digital trust architecture reproduces classical models of delegated moral custodianship through state-regulated certification and oversight mechanisms. This research contributes to the literature by extending maqāṣid-based modernization theory into the domain of digital governance, offering the first systematic comparative analysis of Saudi Arabia's hybrid normative framework, and proposing the concept of Digital Maqāṣid Governance as a transferable model for Muslim-majority jurisdictions seeking to integrate Sharīʿah ethics with contemporary digital infrastructure.
Innovations in Islamic Law: Contemporary Applications of Trust and Cash Waqf for Wealth Management in Malaysia Muhamad Mu'izz Abdullah; Mohammad Abdullah; Akram Mahmad Rabbi; Md Yazid Ahmad; Zubair Amir Nur Rashid Muhamad
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (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.v5i2.10434

Abstract

Effective wealth management constitutes a fundamental component of Islamic socioeconomic development, particularly in addressing poverty alleviation and promoting sustainable social welfare. Within the contemporary Islamic financial framework, trust instruments and cash waqf have emerged as strategic mechanisms for mobilising and distributing wealth to support both individual financial security and collective social prosperity. This study aims to evaluate the effectiveness of trust instruments and cash waqf in strengthening the socioeconomic conditions of Muslim communities, reducing poverty, and enhancing welfare outcomes, particularly in the education and healthcare sectors. It further examines the contribution of these instruments from the perspective of maqāṣid al-sharī‘ah and public interest (maṣlaḥah). This research employs a qualitative approach, grounded in a systematic literature review and document analysis of scholarly publications, policy reports, legal documents, and institutional records related to trust and cash waqf practices in Malaysia. A comparative analytical framework is utilised to identify similarities, differences, and complementary functions between the two instruments. The collected data are analysed descriptively to assess their socioeconomic impact and institutional effectiveness. The findings reveal that both trust instruments and cash waqf play a significant role in improving the socioeconomic well-being of Muslim communities through structured asset management, sustainable wealth distribution, and support for public welfare programs. These instruments contribute to educational development, healthcare accessibility, and poverty reduction while promoting long-term financial resilience. Although differing in their legal origins, governance structures, and operational mechanisms, both instruments exhibit comparable strengths in flexibility, tax incentives, and socioeconomic impact. From a maqāṣid al-sharī‘ah perspective, they effectively support the preservation of wealth and the realisation of public welfare. This study contributes to the growing literature on Islamic social finance by offering a comparative understanding of trust and cash waqf as complementary wealth management instruments. The findings provide practical insights for policymakers, financial institutions, and waqf organisations seeking to strengthen Islamic wealth management frameworks in Malaysia and other Muslim-majority contexts.
Arabic Phonological Competence and the Understanding of Islamic Legal Terminology in the Contemporary Era Akla; Ahmad Arifin; Nur Hanifansyah; Mamluatur Rahmah; Khaled Hassan Al-Jabali
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (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.v5i2.12203

Abstract

The mastery of Arabic phonology (Ashwāt al-‘Arabiyyah) plays a fundamental role in the accurate interpretation of classical Islamic texts, yet its contribution to the understanding of Islamic legal terminology remains underexplored in contemporary Islamic education. This study investigates the relationship between Arabic phonological competence and students' understanding of Islamic legal terminology in the contemporary era, particularly within the context of Salafi Islamic boarding schools (pesantren) that rely heavily on kitab kuning as their primary learning resource. The research aims to assess students' levels of phonological competence, measure their mastery of Islamic legal terminology, and examine the extent to which phonological competence influences legal understanding. Employing a mixed-methods explanatory sequential design, the study collected quantitative data from 120 students via standardised tests measuring Arabic phonological competence and comprehension of Islamic legal terminology. The quantitative phase was followed by qualitative inquiry involving classroom observations, in-depth interviews, and document analysis to explain and contextualise the statistical findings. Quantitative data were analysed using correlation and regression analyses, and qualitative data were analysed using thematic analysis. The findings demonstrate a statistically significant positive relationship between Arabic phonological competence and the understanding of Islamic legal terminology. Students with higher levels of phonological mastery exhibited greater accuracy in identifying, interpreting, and applying legal concepts embedded in classical fiqh texts. Qualitative evidence further reveals that phonological awareness facilitates semantic processing, improves retention of legal concepts, and strengthens comprehension of qawāʿid fiqhiyyah through recurring sound patterns that function as cognitive anchors. Conversely, inadequate phonological competence frequently led to pronunciation errors, lexical confusion, and misinterpretation of legal meanings. This study contributes to the growing scholarship on Arabic language pedagogy and Islamic legal education by demonstrating that phonological competence is not merely a linguistic skill but also a crucial cognitive foundation for legal literacy. The findings underscore the need to integrate systematic phonological instruction into contemporary kitab kuning learning to enhance students' legal comprehension and interpretive accuracy.
Operationalizing Contemporary Istiḥsān: A Methodological Framework for Navigating Innovation in Capital and Digital Markets Husni; Yengkie Hirawan; Musda Asmara; Naim Mathlouthi; Rohmah Maulidia; Hani Mefleh O. Hamdon
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (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.v5i2.12226

Abstract

The application of istiḥsān in the digital economy continues to face challenges related to subjectivity and the lack of methodological transparency. This study aims to formulate a seven-stage istiḥsān operational model as a structured framework for enhancing accountability in Sharia economic legal reasoning. Employing a critical juridical-normative approach grounded in legal coherence theory, the proposed model provides objective criteria to guide mujtahids in determining exceptional legal rulings. The model was validated through two strategic case studies: (1) a retrospective analysis of Sukuk instruments and (2) a prospective analysis of Non-Fungible Tokens (NFTs). The findings demonstrate that the model successfully reconstructs the implicit legal reasoning underlying established Sukuk fatwas, thereby confirming its retrospective consistency. Prospectively, when applied to NFTs, the model functions as a rigorous evaluative filter that permits innovation only when the anticipated maṣlaḥah outweighs the potential mafsadah. In cases where secondary harms—such as the environmental costs associated with energy consumption and speculative market bubbles—predominate, the model justifies restricting such innovations. This study makes a significant academic contribution by transforming contemporary istiḥsān from an abstract jurisprudential concept into a replicable, transparent, and auditable analytical framework. It demonstrates that structured ijtihād provides a robust governance mechanism for fostering ethical, accountable, and sustainable Sharia-compliant innovation in global capital markets.
Revisiting Masuk Kaum: Contextualising Local Custom in Contemporary Islamic Family Law through ʿUrf and Maṣlaḥah Miti Yarmunida; Yusmita; Zurifah; Akhmad Romadhon; Mahmoud Ali Al-Sobh
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (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.v5i2.13045

Abstract

Masuk Kaum, a customary practice among the Pekal community, illustrates how the legal validity of marriage under Islamic law and its social legitimacy within customary institutions operate in distinct yet interconnected normative spheres. Although the practice is not a formal requirement for marriage validity, it continues to play a significant role in regulating kinship relations and social integration after marriage. This study examines the contemporary practice of Masuk Kaum, evaluates its status as ʿurf, and assesses whether it promotes maṣlaḥah while avoiding mafsadah within the framework of contemporary Islamic family law. The research employs a doctrinal-empirical socio-legal approach based on fieldwork conducted in Sungai Rumbai District. Primary data were collected through semi-structured interviews with five key informants, supported by limited participant observation and field notes, while secondary data were drawn from classical and contemporary literature on uṣūl al-fiqh, particularly the concepts of ʿurf, maṣlaḥah, and maqāṣid al-sharīʿah. The data were analysed through thematic coding to identify the social functions of Masuk Kaum, followed by a doctrinal assessment against the criteria of ʿurf ṣaḥīḥ and maṣlaḥah. The findings demonstrate that Masuk Kaum functions primarily as a mechanism for incorporating spouses into the customary kinship system, enabling access to clan protection, participation in customary deliberation, and representation in communal dispute resolution. The practice qualifies as ʿurf ṣaḥīḥ insofar as it does not alter the essential pillars and legal conditions of marriage or create discriminatory exclusion. From the perspective of maṣlaḥah, it is categorised as serving the level of ḥājiyyāt because it strengthens kinship cohesion and contributes to conflict prevention. However, its legitimacy remains conditional, as compulsory financial obligations may constitute mafsadah when imposed without flexibility. This study contributes to contemporary Islamic family law by conceptualising ʿurf as a framework for normative recognition and maṣlaḥah as a critical standard for evaluating the legitimacy and sustainability of evolving customary practices.
A Contemporary Comparison of Tradition and Postmodernity: The Legitimacy of Astronomical Calculations in Determining the Beginning of Ramadan Rohile Mohammed Gharaibeh
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.v5i1.13566

Abstract

The determination of the beginning of Ramadan remains one of the most debated issues in contemporary Islamic legal discourse, particularly regarding the legitimacy of astronomical calculations (hisāb) as an independent method for establishing the commencement of fasting obligations. While classical juristic traditions predominantly emphasized physical crescent sighting (Ru’yah) as the basis for confirming the lunar month, advances in modern astronomy have generated renewed discussions concerning the epistemological status of scientific certainty in Islamic legal reasoning. This study aims to examine the legitimacy of astronomical calculations in determining the beginning of Ramadan through a comparative analysis of traditional and postmodern perspectives on religious authority, knowledge production, and legal interpretation. Employing a qualitative doctrinal methodology, the research analyzes relevant Qur’anic verses, Prophetic traditions, classical and contemporary juristic opinions, and contemporary astronomical findings concerning lunar conjunction and crescent formation. The study adopts a comparative Islamic jurisprudential approach to evaluate the relationship between scriptural interpretation and scientifically verifiable knowledge. The findings reveal that contemporary astronomical calculations have achieved a high degree of precision, enabling accurate determination of the lunar month's commencement without requiring actual naked-eye crescent sighting. Furthermore, the study demonstrates that Prophetic directives concerning crescent observation were closely linked to the empirical capacities of the early Muslim community rather than constituting an exclusive and immutable legal requirement. From a postmodern perspective, the legitimacy of knowledge is no longer confined to a single epistemological authority but may incorporate scientifically validated methodologies that fulfill the objectives of Islamic law. This research contributes to contemporary Islamic legal scholarship by proposing a reconciliatory framework that integrates classical jurisprudential principles with modern astronomical science, thereby offering a constructive approach to reducing recurring disputes over the beginning and end of Ramadan across Muslim communities and nation-states.
Contemporary Islamic Economic Law: Autonomous Smart Contracts and the Legal Dilemma of Liability for Technical Errors Sabir M. Al-Mezel; Samir M. Al-Dalalah; Nabeel F. Al-Shatnawi; Mohammad Fawwaz Matalkaha; Abd Alhade Mossa Hasan Rshdan
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.v5i1.13661

Abstract

Contemporary Islamic economic law faces emerging challenges arising from the rapid development of autonomous smart contracts and blockchain-based automated contracting systems. This study examines the legal and Islamic jurisprudential implications of autonomous smart contracts and the allocation of liability for technical errors in digitally executed agreements. It aims to analyze the validity of automated contracting under contemporary Islamic economic law and comparative legal frameworks, particularly in relation to blockchain-based systems and electronic agents. Using a doctrinal legal research methodology, the study applies descriptive, analytical, and comparative approaches, drawing on statutory provisions, international conventions, and principles of Islamic jurisprudence, including liability (ḍamān), causation (sababiyyah), and risk-bearing (al-ghurm bi al-ghunm). The findings indicate that autonomous smart contracts are generally valid under both positive law and Sharia when they reflect prior human consent encoded in automated systems and comply with the requirements of clarity, legality, and the absence of excessive uncertainty. However, significant legal uncertainty persists regarding liability for technical errors, system malfunctions, and programming defects occurring during automated execution. The study concludes that responsibility is primarily attributed to the owner or operator of the automated system, as supported by comparative legal doctrines treating electronic agents as instruments of the contracting party and by Islamic principles linking profit with liability. Accordingly, the research contributes to bridging classical Islamic legal theory and modern digital contracting environments while highlighting the need for clearer regulatory frameworks to address emerging technological risks.

Page 14 of 15 | Total Record : 142

 11   12   13   14   15 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol. 5 No. 2 (2026): MilRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review Vol. 3 No. 2 (2024): MILRev: Metro Islamic Law Review Vol. 3 No. 1 (2024): MILRev: Metro Islamic Law Review Vol. 2 No. 2 (2023): MILREV: Metro Islamic Law Review Vol. 2 No. 1 (2023): MILREV: Metro Islamic Law Review Vol. 1 No. 2 (2022): MILRev : Metro Islamic Law Review Vol. 1 No. 1 (2022): MILRev : Metro Islamic Law Review