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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 166 Documents
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Contractor Remedies for Employer Breach in Contemporary Saudi Construction Contracts: A Comparative Analysis from a Sharīʿah Perspective Abdulrahman Mohammed Alzeer
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.v5i2.13681

Abstract

Construction disputes arising from employer-caused delays, work suspensions, and delayed payments continue to pose significant challenges both globally and in Saudi Arabia. Existing scholarship has focused predominantly on contractor liability, paying comparatively little attention to contractors as injured parties who suffer material, operational, reputational, and psychological losses. This study examines the legal and Sharīʿah foundations governing contractor remedies under Saudi construction law by analysing the Saudi Civil Transactions Law (Royal Decree No. M/191), FIDIC contractual mechanisms, and the Islamic jurisprudential doctrine of ḍamān. Its principal contribution is the development of an analytical framework that classifies contractor losses into four categories: material, operational, reputational, and psychological. Employing a doctrinal, comparative, and normative harmonisation methodology, the study analyses statutory provisions, judicial decisions, FIDIC clauses, and classical Ḥanbalī legal sources. The findings demonstrate that employer breaches can result in substantial consequential losses and that the interaction between FIDIC remedial mechanisms and the maqāṣid al-Sharīʿah objectives of preserving wealth (ḥifẓ al-māl) and preventing harm (dafʿ al-ḍarar) provides a normative bridge between international construction practice and Islamic law. Although Articles 138–139 of the Saudi Civil Transactions Law expressly recognise compensation for moral and psychological harm, this represents a statutory development that extends beyond the classical Ḥanbalī conception of ḍamān. The study concludes that a harmonised framework integrating Sharīʿah principles, Saudi statutory law, and FIDIC mechanisms offers a balanced and coherent model for contractor remedies in contemporary construction disputes. By developing an integrated analytical framework and clarifying the relationship between classical Ḥanbalī doctrine, contemporary Saudi law, and FIDIC practice, this study makes a significant contribution to the literature on construction law and Islamic commercial jurisprudence.
Contemporary Issues in Arbitration Agreements: Sharia Public Order and Civil Law Perspectives Ghazi Ayed Alghathian; Mohammad Saleh Alqudah; Adel Salem Allouzi; Mashal Mufleh Jarrah
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.v5i2.13682

Abstract

This study examines contemporary issues concerning the law applicable to arbitration agreements in multinational corporate contracts and evaluates their compatibility with Sharia public order across five jurisdictions: France, Egypt, Jordan, Saudi Arabia, and the United Arab Emirates. Against the backdrop of evolving international arbitration practice, the study employs a doctrinal comparative legal methodology, supplemented by an illustrative analysis of 50 arbitration clauses from multinational corporate contracts, to assess contemporary drafting practices. The research analyzes three core doctrines of international arbitration law: separability of the arbitration agreement, extension of arbitration clauses to non-signatory group companies, and party autonomy in the choice of applicable law. The findings demonstrate that the separability doctrine is generally compatible with Sharia under the maxim al-‘ibrah bi al-maqāṣid wa al-ma‘ānī lā bi al-alfāẓ wa al-mabānī (substance over form), except where the main contract is void ab initio for violating a definitive (qaṭ‘ī) prohibition such as ribā or maysir. The study further finds that extension of arbitration agreements to non-signatories is permissible only upon clear evidence of fraud, active participation, or explicit or implied consent, while mere economic unity is insufficient under Sharia principles of contractual privity. In relation to party autonomy, the study concludes that parties may freely choose the governing law of the arbitration agreement provided that the chosen law does not contravene definitive Sharia prohibitions. The article proposes a reconciled framework based on a cumulative method that preserves party autonomy while requiring compliance with definitive Sharia norms forming part of public order in certain Arab jurisdictions. The study's academic contribution lies in integrating the doctrines of separability, non-signatory extension, and applicable law within a contemporary Sharia-based comparative framework. The findings offer practical guidance for cross-border commercial arbitration.
Negotiating Children’s Inheritance in Contemporary Multiethnic Urban Indonesia: A Socio-Legal Study of Plural Distribution Practices Abdul Qodir Zaelani; Zuhraini; Wagianto
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.v5i2.11414

Abstract

Urbanization and migration are increasingly reshaping contemporary inheritance practices in multiethnic urban communities, particularly as families negotiate between customary norms, religious teachings, and changing socio-economic realities. This study examines how children’s Inheritance is distributed across urban communities with diverse ethnic backgrounds in Bandar Lampung and Metro Lampung, Indonesia. Using a socio-legal field research approach, primary data were collected through in-depth interviews with members of ethnic associations, religious leaders, and community elders. The findings reveal seven distinct inheritance distribution practices: male-dominated allocation, female-dominated allocation, equal division between sons and daughters, delayed inheritance distribution, the transfer of the eldest son’s share to other sons, prioritization of economically vulnerable children, and distribution based on the keprabon or yoso system. These diverse practices suggest that a single normative framework does not govern children's Inheritance; rather, it is shaped through ongoing social negotiation within plural legal and cultural contexts. The study further identifies five key factors influencing these practices: customary traditions, economic conditions, cultural indoctrination, geographical context, and religious understanding. This research contributes to socio-legal scholarship by conceptualizing Inheritance as a negotiated social institution in contemporary multiethnic urban settings and by highlighting how communities adapt inheritance norms in response to ongoing social change.
Agricultural Waqf and the Agrarian State: A Contemporary Islamic Legal Reconstruction Toward National Food Sovereignty Ani Yumarni; Yanyan Mulyaningsih; Endeh Suhartini; Hidayat Rumatiga; Saddam Husein; Mohamed W. Abouyounes
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.v5i2.12009

Abstract

Agricultural waqf has emerged as a strategic instrument for strengthening national food sovereignty while advancing the socio-economic objectives of Islamic law. Although Indonesia legally recognises waqf as a protected religious institution, its integration into the national agrarian system remains fragmented due to regulatory inconsistencies, overlapping institutional authorities, and the absence of a coherent legal framework for managing productive agricultural waqf. This article aims to reconstruct the legal position of agricultural waqf within Indonesia’s agrarian governance by examining its contribution to sustainable agricultural development and national food sovereignty from the perspective of contemporary Islamic law. The study employs a doctrinal and juridical-empirical research design, combining statutory analysis, conceptual inquiry, and field research conducted in Subang, Bogor, Cianjur, and Sukabumi, West Java. The analysis explores the interaction between waqf law, agrarian law, and national food policy while evaluating the authority and institutional role of nāẓir in the management of productive waqf land. The findings demonstrate that agricultural waqf has considerable potential to enhance agricultural productivity, strengthen rural economic resilience, and promote equitable access to productive land. However, its effectiveness remains constrained by fragmented legal regulations, overlapping institutional mandates, unclear governance mechanisms, and weak integration into national agrarian and food policies. From the perspective of maqāṣid al-sharīʿah, agricultural waqf should be understood not merely as a religious charitable institution but as a strategic legal instrument for realising maṣlaḥah through the protection of wealth (ḥifẓ al-māl), life (ḥifẓ al-nafs), and sustainable social welfare. Accordingly, this study proposes a contemporary Islamic legal reconstruction that harmonises waqf law, agrarian law, and state food governance through an integrated regulatory framework, strengthened institutional coordination, and an expanded legal mandate for productive waqf management. This reconstruction contributes to contemporary Islamic legal scholarship by repositioning agricultural waqf as a constitutional instrument of agrarian reform and a sustainable legal foundation for achieving Indonesia’s long-term national food sovereignty.
Integrating the Concepts of Diyat and ʿAfwu into Death Penalty Commutation in the Contemporary Era Basto Daeng Robo; Tongat; Muhammad Arif Setiawan; Arisa Murni Rada
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.v5i2.12183

Abstract

The commutation of the death penalty to life imprisonment in the new Criminal Code places the state in a central position (state-centred) and does not allow victims or their families to be further involved. This study proposes integrating the concepts of Diyat and ‘Afwu into the process of commuting the death penalty in Indonesia, as this can promote restorative justice. This study is normative legal research that uses secondary data as material for prescriptive analysis. The Quran and Hadith are the primary references, followed by research results, scientific articles, papers, and laws and regulations relevant to the issues under study. This study finds that the regulation of commutation of the death penalty in the Criminal Code is not in accordance with the objectives of punishment, which are to protect society and apply a restorative justice paradigm. Therefore, the concepts of Diyat and ‘Afwu in qishas law can be adopted to complement the provisions on commutation in the new Criminal Code because they contain values of restorative justice with the involvement of victims or their families. Through this integration, it is hoped that the provisions on commutation of the death penalty in Indonesian criminal law will be updated in the future to achieve restorative justice. The findings of this study can contribute academically to the development of a contemporary legal conceptual framework that integrates Islamic criminal law concepts—namely Diyat and ‘Afwu—into the process of commuting the death penalty in Indonesia. The findings of this study enrich the discourse on criminal law reform by linking the principles of Islamic law, restorative justice, and Indonesian positive law, while offering an alternative perspective on how the death penalty can be reconsidered through a victim-oriented and humanistic approach. This study is also expected to make a significant contribution to refining provisions on the death penalty in Indonesian criminal law.  
Integrating Contemporary Islamic Law and Local Custom: A Study on the Teseng Agreement in the Bugis-Makassar Community Zainuddin; Salle; Al Mudadzir; Muhammad Ikram Nur Fuady
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.v5i2.12221

Abstract

This study examines the integration of contemporary Islamic law and local culture through the Teseng agreement practiced within the Bugis–Makassar community. Employing normative legal research, it analyzes the Teseng institution using conceptual and comparative legal approaches. The findings reveal that Teseng represents a compelling example of the organic integration of customary law and Islamic law, in which both legal traditions reinforce rather than contradict one another. This integration did not originate from formal state authority but evolved from the community's collective pursuit of justice, mutual trust, and social harmony, with respected local leaders serving as key mediators between the two normative systems. Core customary values, including siri' and pacce, interact harmoniously with Islamic legal principles such as ʿadl (justice), amānah (trustworthiness), and taʿāwun (mutual cooperation), creating a normative framework that often proves more effective than formal legal sanctions. Despite the pressures of modernization, Teseng continues to develop as a dynamic form of living law while providing a contextually grounded and sustainable model for the development of contemporary Sharīʿah economic law. The study makes a significant theoretical contribution by strengthening the concept of living law within the framework of normative legal pluralism, demonstrating that the relationship between Islamic law and customary law is shaped through an organic, bottom-up process of negotiation rather than a hierarchical legal structure. It further enriches contemporary Islamic legal scholarship by showing that muzāraʿah and mukhābarah can be harmonized with local customary institutions when mediated by shared ethical values such as siri', taʿāwun, and amānah. Practically, the study offers a culturally grounded model of dispute resolution that promotes peaceful and equitable outcomes, while academically contributing to broader debates on legal pluralism by affirming that community-based legal traditions remain adaptive, resilient, and relevant in addressing contemporary legal challenges.
Beyond Demographic Factors: Reinterpreting Marital Satisfaction through the Perspective of Contemporary Islamic Family Law Baiq Idayatul Aini; Adi Fadli; Muhammad Abdun Nasir; Dwi Wahyudiati; Naser Al-Sherman
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.v5i2.12457

Abstract

This study examines how demographic factors interact in shaping marital satisfaction and reinterprets these empirical relationships through the perspective of contemporary Islamic family law in West Nusa Tenggara (NTB), Indonesia. The study employs a sequential explanatory mixed-methods design, in which quantitative analysis is first conducted to identify significant interactions among demographic variables, followed by qualitative interviews to interpret and explain the relational patterns identified in the quantitative findings. The analysis identifies thirteen significant demographic interactions associated with marital satisfaction, indicating that marital satisfaction cannot be adequately understood through individual demographic characteristics alone but is shaped by the intersection of social, cultural, economic, and religious factors. Qualitative findings further demonstrate that these interactions acquire meaning within local marriage practices and Islamic normative frameworks. In particular, formal marriage proposals (melamar/melakoq) and elopement (maling) constitute forms of local ‘urf whose implications for marital relationships are negotiated in relation to fiqh munākahāt, particularly the validity of the marriage contract, the role of the guardian (walī), mutual consent (riḍā), and the socio-religious legitimacy of marriage. Religious organizational affiliation also shapes expectations regarding spousal relationships and domestic roles, while the interaction of social status, occupation, and income reflects broader concerns of kafā’ah and distributive justice, particularly in relation to maintenance obligations (nafaqah). The findings demonstrate that marital satisfaction is not merely a demographic outcome but a multidimensional relational construct produced through the interaction of demographic conditions, local ‘urf, and Islamic legal-ethical principles. The study contributes theoretically by connecting empirical accounts of marital satisfaction with contextual interpretations of Islamic family law, and practically by providing an evidence-based foundation for developing Islamic family law that is contextual, adaptive, and responsive to the lived realities of Muslim families in NTB.
Consumer Legal Protection Against Standard Clauses in Contemporary Peer-To-Peer Lending: An Islamic Economic Law Perspective Denny Suwondo; Arpangi; Umar Ma'ruf; Rakhmat Bowo Suharto; Mamoon Suliman Alsmadi
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.v5i2.12643

Abstract

The rapid expansion of peer-to-peer (P2P) lending has significantly transformed financial inclusion by providing accessible digital financing for individuals and micro-enterprises. However, this development has also intensified legal concerns about the widespread use of standard clauses that often put consumers in a weaker bargaining position, thereby increasing the risk of unfair contractual practices. This study aims to examine the effectiveness of consumer legal protection against standard clauses in contemporary P2P lending agreements and to evaluate their conformity with the principles of Islamic economic law. Employing a qualitative field research approach, the study collected primary data through in-depth interviews with P2P lending consumers, platform operators, legal practitioners, Islamic law scholars, and financial regulators, complemented by observations and document analysis of digital lending agreements and relevant regulatory frameworks. The data were analysed using thematic and normative legal analysis to identify patterns of legal protection and assess the compatibility of contractual practices with Islamic legal principles. The findings reveal that although existing financial regulations provide a formal legal framework for consumer protection, standard clauses continue to create substantive imbalances by limiting consumer rights, expanding platform discretion, and reducing contractual transparency. From the perspective of Islamic economic law, several contractual provisions are inconsistent with the principles of justice (al-’adl), transparency (al-shafāfiyyah), mutual consent (al-riḍā), and the prohibition of exploitation (ẓulm), thereby undermining the ethical foundations of Islamic commercial transactions. The study argues that effective consumer protection requires not only stronger regulatory enforcement but also the integration of Islamic legal values into digital financial governance. This research contributes to the development of contemporary Islamic economic law by proposing a proportional consumer protection framework that harmonises positive law with Sharia principles, thereby promoting equitable, transparent, and sustainable P2P lending practices in the evolving digital financial ecosystem.
Contemporary Eco-Maqashid Governance and Circular Economy in Indonesia’s Islamic Capital Market: Addressing the “Islamic but Not Green” Paradox Dwi Novita; Haris Maiza Putra; Irni Sri Cahyanti; Toto Sukarnoto; Hamidah Asma Riyadi; Wasif Naif Nahar Daqamseh
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.v5i2.12673

Abstract

Climate change, resource depletion, and ecological degradation increasingly challenge financial systems to integrate sustainability into investment governance. This study examines whether Indonesia’s Islamic capital market has adequately translated sharia principles into substantive ecological responsibility and addresses the emerging “Islamic but not green” paradox. Employing a qualitative juridical-empirical design, the study combines normative analysis of Islamic legal sources, MUI Fatwa No. 86/2023, OJK regulations, and Sharia Securities List (Daftar Efek Syariah/DES) screening criteria with empirical document analysis of issuers operating in environmentally sensitive sectors, including mining, energy, plantations, and raw materials. Annual reports, sustainability reports, ESG disclosures, and publicly available environmental evidence were analysed through open coding, axial coding, thematic analysis, source triangulation, and coding validation. The findings demonstrate that existing DES screening predominantly emphasizes sectoral permissibility and financial ratios, while ecological performance indicators—including carbon intensity, deforestation exposure, pollution records, biodiversity protection, waste management, and ecosystem restoration—remain insufficiently integrated. This regulatory configuration produces a gap between formal sharia compliance and measurable environmental accountability, constituting the “Islamic but not green” paradox. To address this gap, the study develops an Eco-Maqashid Governance Framework that operationalizes Maqashid al-Sharia through five interconnected dimensions: ecological protection, protection of life and welfare, responsible wealth management through circular economy practices, intergenerational justice, and ethical governance and transparency. The framework contributes theoretically by extending contemporary Islamic finance beyond procedural compliance toward substantive ecological accountability. It contributes practically by providing policymakers, regulators, and investors with a faith-based governance model for integrating circular economy and ESG principles into Islamic capital market screening and monitoring, strengthening long-term sustainability in Islamic investment governance.
Reconstruction of Incumbent Candidate Liability for Legal Violations in Regional Elections: A Contemporary Islamic Politics and Prophetic Law Approach Ahmad Syarifudin; Ridwan
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.v5i2.12683

Abstract

The 2024 Simultaneous Regional Elections in Indonesia exposed persistent legal uncertainty regarding the liability of incumbent candidates who violate electoral regulations, particularly the prohibition against bureaucratic transfers and the politicization of government programs under Article 71 paragraph (5) of Law Number 10 of 2016. Divergent judicial decisions have created inconsistency in the application of disqualification sanctions, with some rulings imposing sanctions collectively on candidate pairs while others limiting liability to the individual incumbent. This study aims to reconstruct the legal framework governing incumbent candidate liability by integrating contemporary Islamic political thought and the Prophetic Law paradigm to resolve this doctrinal inconsistency. Employing normative legal research, the study adopts statutory, conceptual, and case approaches to examine legislation, constitutional principles, judicial decisions, and contemporary Islamic legal scholarship. The analytical framework combines the concept of syirkah siyasiyyah (political partnership) with the Prophetic Law principles of Humanization, Liberation, and Transcendence to evaluate the relationship between individual accountability and collective political responsibility within electoral contests. The findings demonstrate that the legal relationship between running mates constitutes a unified political partnership in which electoral advantages and public legitimacy are jointly pursued and mutually enjoyed. Consequently, when an incumbent abuses state authority to secure electoral benefits, the resulting legal consequences should extend to the candidate pair rather than to the individual offender alone. Such reconstruction is justified by the priority of maṣlaḥah ‘āmmah (public interest) over maṣlaḥah al-khāṣṣah (individual political rights), ensuring substantive justice, electoral integrity, and equal political competition. This study contributes to contemporary legal scholarship by reconciling statutory electoral law with contemporary Islamic political thought and Prophetic jurisprudence, offering a normative model of collective electoral liability that strengthens legal certainty while embedding democratic governance within ethical, constitutional, and transcendental values.

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