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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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Incorporating Islah Principles into Restorative Justice:  Bridging Contemporary Legal Practice and Islamic Values Joko Budi Darmawan; Fendy Suhariadi; Suparto Widjojo; Mia Amiati; Amjad Hamad Abdullah
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.v4i1.10435

Abstract

The concept of islah in Islamic law emphasizes peaceful conflict resolution through mediation, compromise, and forgiveness—principles that align closely with the restorative justice approach in modern legal systems. This article aims to explore the integration of islah values into the restorative justice framework, as well as how the concept of reconciliation in both positive law and Islamic law can be recontextualized in the contemporary era. This study employs a qualitative method using a normative-juridical and comparative approach based on a literature review of primary and secondary sources, including classical Islamic legal texts (turath), statutory regulations, and policy documents on restorative justice practices in Indonesia and selected Muslim-majority countries. The findings indicate that islah values hold significant potential to enrich restorative justice practices, particularly in strengthening participatory justice and the restoration of social relationships. The recontextualization of reconciliation not only opens space for dialogue between positive law and Islamic law but also offers a more humanistic, contextual, and community-responsive model of conflict resolution. The article recommends enhancing legal regulations to incorporate islah-based approaches within Indonesia's criminal justice system as part of a broader effort to harmonize national legal norms with Islamic values. Its academic contribution lies in providing a constructive foundation for the theoretical and normative integration of islah values into the national legal system through restorative justice while offering a new paradigm for resolving criminal cases in a more contextualized manner.
Restitution as an Instrument of Justice for Victims of Domestic Sexual Violence: A Study of Positive and Islamic Law in the Contemporary Era Hendro Widodo; Anis Mashdurohatun; Kristiawanto; Andrianto Budi Santoso; Derick Yunanda
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.v4i1.10436

Abstract

Domestic sexual violence is a hidden form of gender-based crime that often goes unreported due to prevailing social norms and its status as a complaint-based offense. These conditions create serious obstacles to law enforcement and hinder victims from obtaining justice, ideally including immediate restitution and comprehensive protection from the state. This study explores the effectiveness of restitution as a criminal sanction in cases of domestic sexual violence, analyzed through the perspective of justice values in both positive law and Islamic law in the contemporary context. The research employs a normative juridical method, using a statutory approach by examining relevant legal instruments and Islamic legal principles. The findings reveal that although restitution is formally recognized in various laws—such as the Domestic Violence Law, the Law on Witness and Victim Protection, the Law on Sexual Violence Crimes (TPKS), and the 2023 Criminal Code—its enforcement remains limited. This is due to structural and cultural challenges, including weak legal awareness, ineffective implementation mechanisms, and the perpetrators’ inability to fulfill restitution obligations. From the perspective of Islamic law, the concept of compensation (Taʿwid) supports the idea of restoring victims' rights, but its application requires reinterpretation to fit the modern legal system. This study offers a new perspective by emphasizing the need to move beyond fines toward mandatory restitution, integrating restorative justice principles and strengthening institutional and cultural support. These steps are crucial for building a justice system that is more responsive, fair, and centered on the recovery and dignity of victims.
Stigma of Former Drug Offenders: Islamic and Restorative Justice Perspectives in the Contemporary Era Fatah Chotib Uddin; Sri Sulistyawati; Kartina Pakpahan; Roswita Sitompul
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.v4i1.10460

Abstract

This study offers a sociological and normative analysis of the persistent stigmatisation of former drug offenders and its implications for the implementation of restorative justice and Islamic ethical values in the contemporary Indonesian context. Employing a qualitative approach through field research and literature review, the study investigates the socio-cultural dynamics, public perceptions, and institutional obstacles that hinder the effective reintegration of ex-offenders into society. The findings indicate that former drug offenders often face multilayered stigma—manifesting in social exclusion, limited employment opportunities, and distrust within their communities—which significantly undermines the objectives of restorative justice. These challenges prolong the cycle of marginalisation and contradict the restorative principles of reconciliation, rehabilitation, and social healing. Moreover, the study reveals a gap between legal-normative frameworks and community practices, where punitive attitudes prevail over rehabilitative intentions. From the perspective of Islamic ethics, values such as rahmah (compassion), tawbah (repentance), and islah (reconciliation) serve as essential moral foundations that advocate for the acceptance and reintegration of reformed individuals. These values emphasise the potential for personal transformation and the collective responsibility of society to facilitate restorative outcomes. This study recommends a holistic synergy between restorative justice mechanisms, Islamic ethical values, and public education initiatives to dismantle stigma, promote inclusivity, and foster a more humane justice system. The academic contribution of this research lies in its integrative framework that combines socio-legal theory with Islamic moral philosophy to critically assess the structural and cultural barriers to reintegration, offering a contextualised model for human-centred restorative justice in Muslim-majority societies.
Contemporary Legal Certainty in Insurance Default Claims: A Comparative Study of Islamic and Positive Law Perspectives Isdiana Syafitri; Sunarmi; Kamello, Tan; Purba, Hasim
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.v4i1.10465

Abstract

The breach of contract (wanprestasi) in contemporary insurance practices often results in legal uncertainty, particularly for insured parties who experience losses due to denied or inadequately fulfilled claims. This article examines the legal challenges associated with breach of contract claims in the Indonesian insurance context through a comparative analysis of positive and Islamic law perspectives. Utilizing a normative juridical approach, the study analyzes relevant legislation, including the Indonesian Civil Code (KUHPer) and Financial Services Authority (OJK) regulations, alongside principles of fiqh muamalah related to contracts, justice, and legal certainty. The findings reveal that while positive law offers a relatively structured legal framework, its practical implementation still encounters significant barriers to ensuring adequate legal protection. Conversely, Islamic law underscores the importance of contract clarity—particularly in tabarru' and tijarah agreements—and upholds justice as a core value in transactional relationships. These principles can enhance legal certainty and ethical standards in dispute resolution processes when applied. This article contributes to the academic discourse by providing a theoretical and comparative foundation for developing a more inclusive and justice-oriented insurance dispute resolution model that integrates national legal norms and Islamic ethical values. It is expected to offer valuable insights for policymakers, legal scholars, and practitioners in designing responsive insurance policies aligned with the needs of a pluralistic society.
Reinterpreting Justice in Al-Farabi’s Political Philosophy: Relevance to Contemporary Islamic Human Rights Thought Syukri; Adenan; Syahminan
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.v4i1.10466

Abstract

This study critically explores Al-Farabi’s conception of justice in his political philosophy and evaluates its normative potential and conceptual limitations in the context of contemporary human rights discourse. The central research question investigates the extent to which Al-Farabi’s vision of the al-Madina al-Fadila (Virtuous City) can serve as a philosophical framework for bridging classical Islamic values with modern human rights principles. Rather than assuming full compatibility, the study interrogates the tension between Al-Farabi’s virtue-based, hierarchical model of justice and contemporary demands for equality, intersectional rights, and democratic participation. Employing a qualitative, library-based method and a philosophical hermeneutic approach, the research analyzes key texts—particularly Ara’ Ahl al-Madina al-Fadila and Tahsil al-Sa‘ada—alongside contemporary literature on Islamic legal reform and human rights theory. The findings demonstrate that Al-Farabi’s emphasis on rational leadership, ethical governance, and communal well-being—while historically bounded—offers interpretive value for rethinking legal reform through maqasid al-shari‘ah and contextual ijtihad. However, the study also underscores the epistemological challenges of adapting metaphysical frameworks to rights-based paradigms. It concludes that Al-Farabi’s thought should inspire—not dictate—Islamic legal innovation by contributing ethical and rational principles that remain critically grounded within both Islamic tradition and contemporary socio-legal realities. Academically, this research contributes to the growing body of interdisciplinary scholarship at the intersection of Islamic philosophy, political theory, and human rights, offering a nuanced reappraisal of classical Islamic thought as a dynamic resource for ethical-legal reform in pluralistic modern societies.
Contemporary Dynamics of Sharia Economic Law: DSN-MUI Fatwa No. 21/2001 in Takaful Dispute Rulings Syihabudin; Rahmatullah; Najmudin; Henri Bimawan; Fandy Adpen Lazzavietamsi
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.v4i1.10470

Abstract

This research examines the role of Islamic law (Fatwa) in the formation and interpretation of positive law in Indonesia related to sharia insurance disputes, primarily through the decision of the Constitutional Court. Specifically, this study examines how the Supreme Court considers the DSN-MUI fatwa in resolving family takaful disputes, as well as how judicial authorities interpret, accept, or disregard the DSN-MUI fatwa as a consideration in such dispute cases within contemporary Sharia Economic law. Using normative juridical methods and jurisprudential analysis, this study analyses the decisions of the Constitutional Court that refer to Islamic principles such as justice (al-ʿadl), public interest (maṣlaḥah), and equality (musāwah). Data were obtained through the analysis of judicial decisions and Islamic law sources. The findings show that while Islamic law (specifically Fatwa) is not a formal source of national law, its values are selectively adopted in Constitutional Court decisions, especially in cases related to public morality, human rights, and Islamic finance. However, the integration of values is normative and symbolic but bare of methodological consistency based on uṣūl al-fiqh. This legal ambiguity limits the normative power of Islamic law and raises concerns about the protection of Muslim consumer rights. This study recommends institutionalizing Islamic legal reasoning through standardized methods of interpretation and increasing legal literacy among judges to promote consistent and substantial integration of sharia values in constitutional courts.
Time-Related Rulings in Fiqh Munakahat: A Contemporary Integration of Astronomical and Jurisprudential Analysis Badrun Taman; Fatimah; Friska Linia Sari; Abdul Gafar Olawale Fahm
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: 10.32332/8pvnz650

Abstract

This study examines time-related rulings in Fiqh Munakahat (Islamic family law), focusing on key provisions such as iddah (waiting period after divorce or death), baligh (age of maturity), hadlanah (child custody), and radla’ah (breastfeeding period). Although these rulings are normatively based on the lunar (qamariyah) calendar, their implementation in Indonesia often relies on Gregorian approximations, leading to inconsistencies in legal outcomes—particularly in matters of remarriage, inheritance, and personal status. Using a qualitative library-based approach, this study integrates classical fiqh sources with astronomical computation (Ilmu Falak) and judicial case analysis from Indonesian Religious Courts. The integration is conducted by converting Gregorian-based legal timeframes into hilal-based lunar calculations and comparing the outcomes with statutory norms such as the Compilation of Islamic Law (KHI). This method highlights practical and doctrinal mismatches not addressed in prior studies, especially regarding standardizing iddah durations. The findings demonstrate that Gregorian approximations often arbitrarily extend or shorten legal periods, undermining legal certainty and compliance with Islamic jurisprudence. By contrast, lunar-based reckoning offers higher precision and is more faithful to scriptural mandates. The study recommends revising national legal instruments and court practices to adopt hilal-based time calculations in marital rulings, thus enhancing consistency, legitimacy, and contextual relevance in contemporary Islamic legal systems.
Recontextualizing the Medina Charter: Consensus-Based Political Communication for Contemporary Plural Societies Hasrat Efendi Samosir; Md Noor Bin Hussin; Sudianto; Marlina; Azman
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.v4i1.10523

Abstract

This study explores the Constitution of Medina as an early model of prophetic political communication grounded in consensus, offering a relevant framework for managing diversity and fostering social cohesion in pluralistic societies. Utilizing a qualitative library research method, the study draws upon the primary source—the text of the Constitution of Medina—and integrates secondary literature from the field of political communication. The data were analyzed through content analysis to identify underlying communicative principles and political strategies within the Charter. The findings reveal that the Constitution operationalizes participatory dialogue and peaceful conflict resolution mechanisms, aligning closely with contemporary consensus-based political communication theories. These principles served not only to manage inter-group tensions but also to build a cooperative and just social order. The study concludes that the Constitution of Medina is not merely a historical document but a normative model that offers practical insights into inclusive governance, interfaith cooperation, and the ethical foundations of political discourse. Its relevance is especially significant today, where polarized societies seek coexistence and constructive engagement frameworks. Thus, the Medina Charter is relevant as a prophetic guide for inclusive political communication in multicultural and multireligious contexts. This study contributes to Islamic political thought and communication by providing a normative and historically grounded model for inclusive governance. It bridges classical Islamic sources with contemporary political communication theory, offering a framework applicable to modern pluralistic societies seeking ethical and participatory governance models.
Reframing Public Policy on Narcotic Case Dismissals: Integrating Maqasid  al-Shari‘ah and Restorative Justice in the Contemporary Era Waris, Irwan; Susanti, Ani; Haryono, Dandan; Rahmat Ramadhan, Bayu; Nur Akifa, Sri
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.v4i1.10579

Abstract

The handling of narcotics crimes in Indonesia remains a persistent legal and social challenge, especially in balancing punitive measures with rehabilitation efforts. This empirical legal research investigates the implementation of prosecution termination policies using a restorative justice approach in narcotics cases and analyzes their compatibility with the principles of Maqasid al-Shari‘ah. Field data were collected through in-depth interviews with 12 key informants, consisting of prosecutors, judges, police investigators, religious leaders, and former drug offenders who had undergone restorative justice proceedings. Additional data were obtained through direct observation of mediation sessions at the prosecutor’s office and the analysis of legal documents, including case files and institutional guidelines. The field findings reveal that the application of restorative justice is still limited and discretionary, often depending on the initiative of individual prosecutors and the willingness of victims or communities to engage in non-litigation settlement. While some prosecutors have successfully used this approach for first-time or non-distributor offenders, significant legal and structural constraints remain—such as the absence of detailed operational guidelines, lack of coordination between institutions, and limited public understanding of restorative mechanisms. Nevertheless, the study finds that the use of restorative justice aligns substantively with the goals of Maqasid al-Shari‘ah, particularly in protecting life (hifz al-nafs), intellect (hifz al-‘aql), and religion (hifz al-din), by prioritizing rehabilitation, mental health recovery, and spiritual reintegration over mere incarceration. Restorative practices, such as sulh (mediation) and community involvement, are also consistent with Islamic legal traditions emphasizing compassion, reconciliation, and prevention of greater harm (dar’ al-mafasid). The academic contribution of this study lies in offering a normative-empirical synthesis between Islamic legal principles and restorative justice practices, providing a conceptual and policy framework for the transformation of narcotics prosecution models in Indonesia. It emphasizes the importance of integrating maqāṣid-based reasoning into contemporary criminal justice reform to foster a more humane, rehabilitative, and socially responsive legal system.
Contemporary Legal Accountability Reform in Public Procurement: A Framework Integrating Ethical Norms and Anti-Corruption Mechanisms Jawade Hafidz; Muhammad Dias Saktiawan; Agus Prasetia Wiranto; Aditya Noviyansyah; Ahmed Kheir Osman
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.v4i1.10664

Abstract

Government procurement of goods and services is a strategic sector that is vulnerable to irregularities and corruption. Therefore, reforming legal accountability in this area is crucial to creating governance that is clean, transparent, and has integrity. This study offers an alternative approach to public procurement reform by integrating Islamic principles as an ethical and normative foundation for building a sound governance system and an anti-corruption framework. This research uses a normative-qualitative method, analyzing various legal documents, Islamic literature, and modern governance theories. It focuses on fundamental Islamic values such as ʿadalah (justice), amanah (honesty and responsibility), maslahah (public welfare), and hisbah (social oversight). These values are highly relevant for addressing accountability challenges in public procurement. The findings show that applying these principles can strengthen the ethical dimension of procurement regulations, improve transparency in the tender process, and clarify public accountability mechanisms. The integration of Islamic values is not intended to replace existing positive law but to enrich and complement the legal framework with a moral and spiritual approach rooted in Islamic legal tradition. Academically, this study contributes by providing a new conceptual framework that combines Islamic ethical norms with public governance and anti-corruption law. This approach creates space for dialogue between Islamic legal tradition and modern legal practice, offering a more holistic solution to corruption issues in public procurement. 

Page 8 of 12 | Total Record : 113

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