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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 113 Documents
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Children's Rights in Islamic Law: A Contemporary Study of Family Practices Siti Nurjanah; Ahmad Syarifudin; Muhammad Mujib Baidhowi; Elva Mahmudi; Hidayat Darussalam
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10077

Abstract

Children are creatures created by God that must be protected and maintained with honor and dignity. The fulfillment of children's rights is an interesting issue to discuss. This study aims to analyze the fulfillment of children's rights in the family from the perspective of Fiqh and analyze effective ways that must be done so that the guarantee of the fulfillment of children's rights can be realized properly. This study uses a literature review. The data collection technique used is documentation, which examines scientific journals, books, and documents related to the research object. The analysis method used in this study is the Miles and Huberman analysis method. The data validation technique used is source triangulation, which compares one source with another source so that the data obtained is valid. An important finding in this study is the fulfillment of children's rights if narrowed down more deeply into five things: the fulfillment of rights related to religious affairs (Hifz al-din), the fulfillment of rights related to the soul (Hifz al-nafs), the fulfillment of rights related to honor and nasab (Hifz al-Nasl), the fulfillment of rights related to reason (hifz al-aql), and the fulfillment of rights related to property (Hifz al-mal). Children must be guaranteed their right to grow and develop following their nature; therefore, all forms of treatment that interfere with and damage children's rights in various forms of violence, discrimination, and exploitation that are not inclusive must be abolished without exception. The guarantee of the fulfillment of children's rights needs to be integrated with the applicable legal regulations in society to be more effective, namely Law Number 4 of 1979, Presidential Decree Number 36 of 1990, and Law Number 35 of 2014 concerning Child Protection as a form of amendment to Law Number 23 of 2002 concerning Child Protection. This study contributes to the academic discourse by offering a normative reconstruction of children's rights within the family through the lens of maqaṣid al-shari'ah, thereby integrating classical fiqh principles with contemporary child protection laws in Indonesia. 
Contemporary Approaches to Halal and Sustainable Eco-Tourism: A Study of Community-Based Tourism in Ganoang and Puncak Mas Muslimin; Dede Aji Mardani; Aja Rowikarim; Rusani Jaelani; Fatimah Kacem
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10120

Abstract

Tourism is a vital industry that creates job opportunities and allows for economic development in the halal tourism sector. Tasikmalaya and Bandar Lampung are two regions in Indonesia that can be potentially developed for nature-mountain tourism, with Mount Ganoang and Puncak Mas as the natural assets. This research identifies the potential of Mount Ganoang and Puncak Mas as sustainable and community-based ecotourism by employing a descriptive method with qualitative analysis techniques and a legal anthropological approach. Primary data was collected through interviews, observations, and field measurements. The results show that based on the tourism suitability index, the physical conditions of Mount Ganoang and Puncak Mas carry the potential adequate for development through improved management and human resources as community-based halal ecotourism. Halal ecotourism, which presents nature as a destination, supports the economic circulation of the community with many people involved in economic activities from tourism despite basic differences in capital, ownership, and juridical aspects (Local Regulation concerning Values No.7 of 2014 and Lampung Provincial Regulation No. 2 of 2008 concerning the Preservation of Lampung Culture. This research offers a strategic recommendation for developing sustainable and inclusive halal ecotourism models that respect local regulations and cultural values in Tasikmalaya and Bandar Lampung.
Productive Waqf Law Reform: A Solution to Support Indonesian Local Economy amid Contemporary Global Recession Miftahul Huda; Aditya Prastian Supriyadi; Ramadhita
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10210

Abstract

Productive waqf potential supports sustainable local economic resilience in the face of a global recession. However, its management in Indonesia remains suboptimal, considering that waqf assets are more dominantly distributed to non-productive sectors. This happens because the legal framework of waqf is not ideal for regulating the management of cash waqf assets productively for the economic empowerment of the community amid a global recession. This study analyses the urgency of legal reform in the cash waqf asset sector to support local economic empowerment while exploring the synergy between Islamic law and positive law in designing a more adaptive basis for productive waqf law to address modern economic challenges. The method employed in this study is normative legal research, incorporating both conceptual and statutory approaches. The data analysis technique was conducted using the content analysis method to explore legal doctrines and related literature to formulate the ideal concept of productive waqf legal reform. The research results show that the urgency of waqf law reform is based on weak regulations that hinder the optimisation of cash waqf assets for economic empowerment. Legal uncertainty, inequality of access to waqf benefits, and regulatory compliance with the needs of the modern economy are the main challenges that require responses. The second area of research on the synergy between Islamic law and positive law can serve as the basis for regulatory renewal through the accommodation of sharia maqashid principles, economic empowerment based on productive waqf, and collaboration among the government, the private sector, and the community. Proper legal reform will encourage more structured and systematic management of cash waqf assets, making it a strategic legal instrument for strengthening local economic resilience amid the threat of a global recession.  
Regulatory and Economic Challenges in Contemporary Crowdfunding-Based Cash Waqf Suhairi, Suhairi; Saputra, Afriyan Arya; Alimuddin, Agus; Mutsalim Khareng
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10343

Abstract

Cash waqf is an Islamic financial instrument that has the potential to fund social projects, particularly in addressing inequality and poverty issues. However, the traditional management still faces challenges, such as limited transparency and public participation reach. Digitization through fintech with crowdfunding modeling was considered capable of increasing donor participation while improving the effectiveness of management and distribution. This research aimed to provide a comprehensive overview of the development of cash waqf, mapping the trends, identifying the main factors influencing its development, and exploring gaps, particularly in the context of integration with crowdfunding models. The process led to the adoption of performance analysis and science mapping methods. Performance analysis was conducted descriptively to measure productivity and impact through bibliometric indicators. Science mapping was used to review the research landscape by analyzing the relationships and structures of topics, authors, and relevant institutions. It was also used to identify collaboration patterns, thematic focuses, including under-researched areas, and integration with crowdfunding platforms. The results showed that regulatory aspects, contemporary digital technology innovations, and the role of Islamic financial institutions were factors influencing the development of cash waqf research. Topic modeling analysis proved that the exploration on the integration of cash waqf and crowdfunding was limited. This led to a gap in research on the governance of digital waqf platforms, as well as strategies to enhance public participation through technology. The research provided a map that served as a reference, including used by regulators and platform developers in designing policies and innovations for digital waqf products.
Rethinking Hisbah and Sharia Proceduralism: A Comparative Approach to Justice in Contemporary Islamic Law Mohamad Ridhuan Mohd Zawawi; Wafaa' Yusof; Zaini Nasohah; Anwar Fakhri Omar; Safiyyah Hannah Souit
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10391

Abstract

This study explores the impact of differences between the flexibility of the hisbah system in Islam and the procedural nature of the Syariah criminal enforcement system in Malaysia on the application of contemporary principles of justice. Using a qualitative approach, the research applies deductive content analysis based on primary and secondary sources, including classical Islamic legal texts, statutory laws, journal articles, books, and relevant websites. The data were analysed both descriptively and analytically, and the findings were presented thematically. To ensure data validity and reliability, the researcher used source triangulation. The findings reveal that contemporary justice principles—within the frameworks of hisbah and Syariah proceduralism in Malaysia—have not been applied comprehensively and holistically. Their implementation remains limited to specific areas and does not reflect a balanced integration of procedural, retributive, restorative, and distributive justice. While procedural justice appears to be better protected within the Syariah criminal enforcement system, this does not necessarily mean that justice is fully achieved, as gaps and inconsistencies still exist. In particular, retributive, restorative, and distributive justice require critical re-evaluation, as the procedural rigidity of the current system hinders their effective implementation—especially in terms of the severity and types of punishments imposed. In conclusion, this study highlights the need for reform in Malaysia’s Syariah legal framework. Such reforms may include codifying remand and raid procedures into procedural law, revising statutory sentencing limits, institutionalising restorative justice mechanisms, formally recognising mediation based on these principles, and introducing other necessary legal changes. This research contributes to strengthening the Syariah criminal justice system in Malaysia and promoting the more holistic application of justice principles.
Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment Nur Aqila Mohd Zahari; Mohd Hafiz Safiai
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10398

Abstract

This study critically examines the consumption of electronic cigarettes through the integrative lens of Maqasid al-Sharia, health preservation, and legal evaluation. Employing a qualitative methodology grounded in document analysis, this research draws upon a diverse array of primary and secondary sources, including authoritative fatwas, peer-reviewed medical literature, and official public health data. The study adopts a Maqasid-based ijtihad framework, supported by principles from Ushul Fiqh and qawaʿid fiqhiyyah, particularly the maxim al-darar yuzal (harm must be eliminated). Given that e-cigarettes are a modern phenomenon not clearly stated in classical Islamic texts, the issue falls under the domain of fiqh al-nawazil (the jurisprudence of novel occurrences), requiring contemporary legal reasoning (ijtihad mu'asir) to determine their ruling. The findings reveal a substantial incongruity between the use of electronic cigarettes and the core objectives of Maqasid al-Sharia, particularly the imperative to safeguard life (hifz al-nafs) and intellect (hifz al-ʿaql). Moreover, Islamic legal pronouncements on this matter vary, yet a growing corpus of contemporary fatwas aligns with a precautionary stance rooted in the principle of harm prevention. The study underscores that while e-cigarettes are often perceived as less harmful than conventional tobacco, their adverse health effects and potential to undermine societal welfare necessitate a reevaluation within Islamic ethical-legal frameworks. Limitations of the study include its reliance on secondary data and the evolving nature of medical consensus. These findings contribute to a nuanced interdisciplinary dialogue at the intersection of Islamic jurisprudence, public health, and ethical consumption.
Transformation of Contemporary Fiqh through a Collective Ijtihad Approach in Resolving Lineage Issues Arising from Egg Freezing Edi Susilo; Budi Santoso; Yessy Eka Ambarwati
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10403

Abstract

Egg freezing has triggered scholarly debate in Islamic jurisprudence, particularly when eggs are frozen before marriage and used afterward, raising concerns about the child's lineage. Contemporary fiqh through collective ijtihad is needed to offer solutions aligned with maqasid al-shariah. This research aims to analyze the formulation of contemporary fiqh in determining the legal ruling on egg freezing through a collective ijtihad framework. The study adopts a qualitative approach with a normative-empirical method. Data were collected through a literature review of classical fiqh texts, academic journals, and scholarly fatwas, followed by a descriptive-qualitative analysis. The findings of this study indicate that the formulation of contemporary Islamic jurisprudence through the collective ijtihad approach serves as an effective method for resolving lineage-related issues arising from egg freezing. The first step in the collective ijtihad process involves considering input from medical experts, beginning with a detailed presentation of the procedures, including ovarian stimulation, followed by the retrieval of mature oocytes, which are then cryopreserved using vitrification techniques to ensure optimal quality for long-term storage. Subsequently, Islamic jurists analyze and deliberate on the issue from various jurisprudential perspectives. Egg freezing is considered permissible as long as it is conducted within the framework of lawful marriage and upholds the principle of hifz al-nasl (protection of lineage). This study contributes to the advancement of Islamic legal thought that is responsive to the developments in reproductive technologies.
Hajj Fund Investment: A Comparative Contemporary Fiqh Study on Maslahah and Public Policy Perspectives in Indonesia Jaenal Aripin
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10424

Abstract

This study investigates the investment of Indonesian Hajj funds in domestic infrastructure projects through a comparative fiqh approach, juxtaposing classical and contemporary Islamic legal perspectives on maslahah and its application within modern public policy frameworks. The central debate lies in a perceived conflict (ta‘arudl) between two types of public benefit: preserving the economic value of pilgrims' savings through investment and ensuring their spiritual rights and religious preparedness. Drawing upon classical jurisprudence (e.g., al-Ghazali, al-Shatibi), modern ijtihad, and official fatwas from Indonesian authorities (such as the DSN-MUI), the research critically examines how these positions interact with state policies enacted by the Badan Pengelola Keuangan Haji (BPKH). Employing a qualitative analytical method, the study analyzes legal texts, government regulations, and expert interviews to validate the coexistence of economic and spiritual maslahah. The findings reveal that the government’s dual role as wakil (authorized representative) and nazir (guardian of public interest) legitimizes proactive fund management under Islamic law. Sukuk-based investments, particularly when oriented toward infrastructure that supports public welfare, are found to be consistent with the objectives of maqasid al-shari‘ah, especially hifz al-mal (protection of wealth) and hifz al-din (preservation of religion). Moreover, the study identifies that transparent governance, informed consent, and adherence to Sharia-compliant instruments are critical prerequisites for ensuring ethical legitimacy. This study concludes that a harmonized approach between Islamic jurisprudence and Indonesian public policy can sustain Hajj financing while safeguarding pilgrims' rights and welfare.  
The Digital Transformation of Tafsir and Its Implications for Islamic Legal Derivation in the Contemporary Era Ali Sati; Abdul Halim; Abdul Hayy Nasution; Muhammad Ridwan
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10425

Abstract

The digitalization of Qur’anic interpretation has profoundly influenced the methodology of istinbat al-ahkam (deriving Islamic legal rulings), reshaping how scholars and legal institutions engage with classical texts in emerging digital platforms. This article explores the impact of selected tools—such as AI-driven tafsir platforms, semantic databases, and multimedia applications—on formulating Islamic legal reasoning in the digital era. Moving beyond a purely epistemological analysis, the study critically assesses how digital interfaces affect interpretive authority and methodological integrity and the production of contemporary legal responses to real-world issues, including Islamic digital finance, artificial intelligence ethics, and Sharia-based policymaking in digital environments. Utilizing a qualitative literature review combined with thematic content analysis, this research draws on classical sources and contemporary scholarship to investigate the shifting landscape of Islamic legal derivation in the digital age. Particular attention is given to the role of legal actors—such as fatwa councils, religious courts, and legislative bodies—in legitimizing or contesting digital tafsir outputs. The study applies maqasid al-shari’ah as developed by al-Shatibi as a normative framework to evaluate the legal-ethical implications of digital tafsir and its alignment with the objectives of protecting religion (din), intellect (‘aql), and public welfare (maslahah ‘ammah). Findings indicate that while digital tools significantly enhance accessibility, interactivity, and public engagement with Islamic texts, they also present challenges related to standardization, authenticity, and the erosion of traditional scholarly authority. This article offers a typology of digital influence—from functional assistance to epistemological disruption—and proposes practical pathways for integrating digital innovation within a framework of maqasid-oriented legal governance. The study contributes to the theoretical development of Islamic legal thought and the practical design of responsive, accountable, and ethically grounded legal frameworks for the digital era.
Reconciliation of Human Rights, Positive Law, and Siyasah Syar'iyyah: An Innovative Approach to Addressing Human Rights Issues in the Contemporary Era Muannif Ridwan; Usman Jayadi; Sobardo Hamonangan; Daniel Tanati; James Yoseph Palenewen
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10433

Abstract

This study explores the reconciliation of Human Rights, positive law, and siyasah syar‘iyyah as an innovative approach to addressing contemporary human rights challenges. The tension between the universal norms of human rights and Islamic law often becomes a focal point in global discourse, particularly in countries with Muslim-majority populations. Using a qualitative-descriptive approach and normative analysis, this research examines the convergence and potential integration points among these three pillars. The goal is to develop a legal framework that is more holistic, just, and contextually grounded. The findings reveal that through epistemological dialogue and the contextual reinterpretation of religious texts, siyasah syar‘iyyah can bridge the principles of Sharia and modern human rights values. Meanwhile, positive law—as a state instrument—can accommodate transcendent values of justice, provided it is formulated with sensitivity to society's social, cultural, and religious dynamics. This study recommends an inclusive legislative model and a humanistic approach to interpreting religious texts to strengthen legal legitimacy and the protection of human rights. The academic contribution of this research lies in developing an integrative approach that systematically unites three bodies of knowledge: human rights theory, modern legal theory, and the thought of siyasah syar‘iyyah. The conceptual framework is a normative and practical model for inclusive and just legal policymaking.

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