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Wahyu Abdul Jafar
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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 134 Documents
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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.

Page 14 of 14 | Total Record : 134

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