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 165 Documents
Reconstructing Legal Protection for Contemporary Intangible Cultural Heritage: An Islamic Law Perspective on the Murut Oral Tradition in Sabah Jacquelina binti Karimon; Mohamed Nazreen Shahul Hamid; Rohaya Md Ali; Fadzilah Abdul Rahim; Muammar Ghaddafi Hanafiah
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.v5i2.13295

Abstract

The increasing vulnerability of the Murut oral tradition in Sabah has intensified due to globalization, modernization, digital transformation, cultural commodification, and the weakening of intergenerational knowledge transmission, resulting in the gradual erosion of indigenous values. As an important form of intangible cultural heritage, the Murut oral tradition preserves collective memory, customary norms, ecological knowledge, moral teachings, and the Aki Kinapuno cosmology that continues to shape communal ethics and social relationships. Existing preservation initiatives remain predominantly documentation-oriented and inadequately address the normative and religious dimensions relevant to indigenous Muslim communities. This study aims to reconstruct the legal protection of the Murut oral tradition by developing a preservation framework integrating indigenous cultural values with Islamic legal principles through the complementary application of ‘urf and maqāṣid al-sharī'ah. The research employed a qualitative socio-legal and ethnographic approach using semi-structured interviews, participant observation, and document analysis involving traditional elders, cultural practitioners, religious leaders, and Murut community representatives in Sabah. Data were analyzed through thematic interpretation and normative legal analysis. The findings reveal that the Murut oral tradition functions not merely as cultural expression but as a living normative institution governing communal identity, social cohesion, environmental stewardship, conflict resolution, and the intergenerational transmission of ethical values. The analysis further demonstrates that the Aki Kinapuno cosmology embodies principles of collective welfare, reciprocity, respect for nature, and social responsibility that substantially correspond with the objectives of maqāṣid al-sharī'ah, particularly the protection of religion, intellect, lineage, property, and human dignity. Meanwhile, ‘urf provides a contextual mechanism for recognizing customary practices that remain socially beneficial while enabling critical evaluation of traditions inconsistent with Islamic principles. Based on these findings, the study proposes an integrated preservation framework emphasizing community-based cultural validation, participatory governance, adaptive legal protection, and sustainable knowledge transmission. The study contributes by advancing a culturally grounded model of Islamic legal reasoning and offering an interdisciplinary framework for safeguarding intangible cultural heritage within contemporary indigenous Muslim societies.
Contemporary Determinants of Human Resource Performance in Islamic Banking: The Roles of Religiosity, Financial Literacy, and Technology Adoption Muhammad Hanafi Zuardi; Abdulloh Hadziq; Desmadi Saharuddin; Ade Sofyan Mulazid; Burhan Alsyouf
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.v5i2.13312

Abstract

This study examines the contemporary determinants of human resource (HR) performance in Islamic banking by analysing the roles of religiosity, financial literacy, and technology adoption at Bank Syariah Indonesia (BSI) Bandar Lampung. The study employs a mixed-methods approach with an explanatory sequential design. Primary quantitative data were collected from 86 employees through structured questionnaires, followed by in-depth interviews with five key informants to provide qualitative insights into the relationships identified in the quantitative analysis. Secondary data were obtained from relevant academic literature and institutional sources. Quantitative data were analysed using Partial Least Squares Structural Equation Modelling (PLS-SEM), and qualitative data were analysed using thematic analysis. The findings demonstrate that religiosity, financial literacy, and technology adoption each have a positive and significant direct effect on HR performance. Furthermore, religiosity significantly contributes to HR performance through financial literacy and technology adoption, indicating that these factors function not only as independent determinants but also as mechanisms through which religious values are translated into professional and technological capabilities. The qualitative findings further reveal that religiosity provides an ethical and value-based foundation for employees, financial literacy strengthens the internalisation and application of Islamic economic principles, and technology adoption enhances work efficiency, adaptability, and performance effectiveness. The study concludes that contemporary HR performance in Islamic banking is shaped by the interaction of religious values, financial knowledge, and technological capability, with religiosity emerging as a fundamental determinant. This study contributes to the literature by conceptualising religiosity, financial literacy, and technology adoption as complementary determinants of HR performance and by integrating behavioural, financial, and technological perspectives within the contemporary Islamic banking context.
Force Majeure in the Contemporary Era: Comparative Codification and Foreign Cause Doctrine in Jordanian and French Law Ahmad Hussein Alsharqawi; Abd Alhade Mossa Hasan Rshdan; Nabeel Mahdi Althabhawi; Lobna Abdalhusen Easa Al-Seedi
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.v5.i2.13530

Abstract

This article examines force majeure as a legal mechanism that limits the strict application of pacta sunt servanda when exceptional events render contractual performance impossible. The research problem lies in the absence of a clear, codified standard for force majeure in Jordanian law, where the doctrine is treated as a foreign cause under Article 261 of the Jordanian Civil Code, and its scope is largely shaped by judicial discretion. This raises uncertainty in distinguishing force majeure from hardship and other doctrines of changed circumstances. The article therefore asks: to what extent does the absence of codification of force majeure in Jordanian law affect legal certainty and judicial consistency compared with the codified French model? The study adopts a qualitative doctrinal legal method, using a descriptive-analytical and functional comparative approach. It relies on secondary legal materials, including statutory provisions, judicial decisions, legal commentaries, and relevant academic literature, which are analysed through doctrinal and comparative legal analyses. The findings show that French law, through Article 1218 of the Civil Code, provides a structured framework based on unforeseeability, irresistibility, and the prevention of contractual performance, thereby enhancing predictability while preserving judicial flexibility. By contrast, Jordanian law recognises force majeure but lacks an independent statutory definition or detailed criteria, which may lead to inconsistent application. The article contributes to comparative contract law by clarifying the relationship between codification, judicial discretion, and legal certainty. It argues that Jordanian law would benefit from clearer legislative guidance or from authoritative judicial criteria to improve coherence, contractual stability, and fairness in exceptional circumstances.
A Benefit-Based Reconstruction of Contemporary Copyright Inheritance in Indonesian Islamic Law Syabbul Bachri; Zaenul Mahmudi; Khoirul Hidayah; Ma'adul Yaqien Makkarateng
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.v5i2.13719

Abstract

The emergence of intellectual property as an economically productive asset has challenged the traditional conception of inheritance in Islamic law, particularly regarding the transfer of copyright after the author's death. Although the Kompilasi Hukum Islam (KHI) serves as the primary legal framework for inheritance adjudication in Indonesia's Religious Courts, its provisions remain predominantly oriented toward tangible property, generating normative uncertainty regarding contemporary intangible assets. This study aims to examine the legal status of copyright inheritance within Indonesian Islamic law through the case of the copyrighted Al-Barqy Qur'anic learning method and to formulate a benefit-based reconstruction of inheritance norms capable of accommodating productive intellectual assets. Employing an empirical socio-legal approach, the research integrates qualitative fieldwork through semi-structured interviews with the heirs responsible for managing the Al-Barqy copyright and doctrinal analysis of Articles 171(e) and 189 of the KHI in conjunction with Indonesian copyright legislation. The collected data were analyzed using the interactive model of Miles and Huberman, while the normative reconstruction was developed through Fazlur Rahman's Double Movement theory and Jeremy Bentham's utilitarianism. The findings demonstrate that the heirs have implemented a hybrid inheritance model combining farā'iḍ-based allocation of economic rights with collective copyright governance, thereby preserving both Islamic distributive justice and the long-term economic productivity of the inherited asset. Nevertheless, the absence of explicit legal recognition within the KHI creates uncertainty regarding the inheritance and management of productive intangible property. This study proposes a benefit-based reconstruction of Islamic inheritance law by reformulating Article 171(e) to recognize intangible economic rights as inheritable assets explicitly, and by reconstructing Article 189 to expand the concept of productive inheritance beyond agricultural land to encompass all assets requiring collective and sustainable management. The study contributes to contemporary Islamic inheritance scholarship by demonstrating the adaptive capacity of Islamic law to respond to evolving economic realities while maintaining its foundational objectives of justice, legal certainty, and public welfare.
Asset Recovery in Contemporary Islamic Law: Reconstructing Public Wealth Protection through Maqāṣid al-Sharīʿah Ahyar Gayo; Evi Djuniarti; Syprianus Aristeus; Diana Yusyanti; Marulak Pardede; Yakub Abdulwaheed Olareweju
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.v5i2.14233

Abstract

Persistent corruption and the limited recovery of state losses expose significant weaknesses in contemporary asset recovery mechanisms. Although anti-corruption laws provide instruments for confiscation and compensation, recovered illicit assets remain substantially below the financial losses caused by corruption. This study analyses the effectiveness of asset recovery in Indonesia and reconstructs a framework for protecting public wealth from the perspective of maqāṣid al-sharīʿah. It employs normative legal research using statutory, conceptual, and maqāṣid-based approaches. Primary legal materials comprise anti-corruption and anti-money laundering legislation, judicial decisions, and relevant international instruments; secondary materials include scholarship on asset recovery, corruption, and Islamic legal theory. The materials are analysed through doctrinal interpretation and maqāṣid-based evaluation. The findings show that Indonesia's asset recovery regime remains predominantly conviction-based and is constrained by difficulties in asset tracing, weak enforcement of compensation orders, fragmented regulation, and barriers to recovering assets transferred to third parties or foreign jurisdictions. From a maqāṣid perspective, corruption violates ḥifẓ al-māl by diverting public resources from their social functions and undermining collective welfare. Asset recovery should therefore be understood not merely as punishment but as a means of restoring public rights, protecting collective wealth, and advancing distributive justice. The article proposes a maqāṣid-based framework that prioritises the protection of public wealth, strengthens asset-centred forfeiture mechanisms, and aligns anti-corruption governance with the objectives of Islamic law.