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Muhammad Fauzinudin Faiz
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INDONESIA
Indonesian Journal of Islamic Law (IJIL)
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 2085627X     EISSN : 26157543     DOI : https://doi.org/10.35719/ijil.v5i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Islamic Law, a.k.a. IJIL (P-ISSN: 2085-627X, E-ISSN: 2615-7543), is published twice a year, in June and December, by the IJIL Research Centre of the Department of Islamic Family Law, Postgraduate Program, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember since 2019 (first edition). IJIL steadfastly maintains Islamic legal studies as the cornerstone of its academic inquiry. The journal encompasses a broad spectrum of themes within this field, including Islamic Family Law, Islamic Law and Society, Islamic Law and Gender, Islamic Jurisprudence, and Islamic Legal Theory. Upholding a fair and rigorous double-blind peer review process, IJIL is committed to consistently publishing high-quality research articles that explore various dimensions and approaches pertinent to these diverse but interconnected areas of Islamic law. This comprehensive focus enables the journal to contribute significantly to the understanding and advancement of Islamic legal scholarship. It is available online as an open-access resource and also in print. This statement clarifies the ethical behavior of all parties involved in the act of publishing articles in this journal, including authors, editors-in-chief, the Editorial Board, reviewers, and publishers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 98 Documents
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When Exchange Fails: A Maqāṣid-Based Socio-Legal Inquiry into Reciprocity and Rationality in Islamic Divorce Ishaq; Gorski Noor Bellah; Helena Rocha Vauclair; Moh. Wasik; Abdifatah Ouich Mustache
Indonesian Journal of Islamic Law Vol. 8 No. 2 (2025): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/4j2pef94

Abstract

This study re-examines the phenomenon of divorce through the intersection of social theory and Islamic legal reasoning. It investigates why husband-initiated divorces continue to rise despite the moral discouragement of ṭalāq in Islamic ethics. Integrating George C. Homans’ social exchange theory, Max Weber’s theory of social action, and the maqāṣid al-sharī‘ah framework, the research formulates a tri-theoretical inquiry into reciprocity, rationality, and moral responsibility in marital relationships. Employing a qualitative field approach at the Legal Aid Post (Posbakum) of the Jember Religious Court, data were collected through interviews, observation, and document analysis and examined using the Miles–Huberman interactive model. The findings reveal that divorce decisions are frequently triggered by an absence of appreciation and emotional reciprocity within the household—wives’ failure to express gratitude, provide motivation, or offer constructive support during economic hardship. In Homans’ framework, such an absence reflects the breakdown of success, stimulus, and value propositions. Within the logic of Weberian zweckrational action, divorce emerges as a deliberate, instrumentally rational decision. From the maqāṣid al-sharī‘ah perspective, appreciation and mutual support constitute ḍarūriyyāt essential to marital harmony, while ṭalāq remains a legitimate prerogative of the husband (qawwām) only when exercised with ethical and legal responsibility.
Book Review: Islamic Law in Saudi Arabia, by Dominik Krell, Leiden, Boston, Brill, 2025, 236 pp., € 89,00 (hardback), ISBN 978-90-04-68328-0, ISBN 978-90-04-72631-4 (e-book) Ibtihaj M. Zafeiris; Ayeza Hajra Mazari
Indonesian Journal of Islamic Law Vol. 8 No. 2 (2025): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/nam43h40

Abstract

Dominik Krell’s Islamic Law in Saudi Arabia offers an incisive exploration of how the Saudi legal system negotiates the tension between divine authority and state control. Moving beyond the simplistic binaries of “traditional versus modern”, the book situates Islamic law as a discursive tradition shaped by jurists, judges, and state institutions. Krell traces the evolution of siyāsah sharʿiyyah, the codification debates, and the narrowing of ijtihād, showing how Saudi jurists mediate between the Hanbali school and contemporary reforms, including the 2022 Family Code. His use of court decisions, interviews, and archival sources provides a rare empirical depth. The book’s strength lies in demonstrating how orthodoxy is produced through power and discourse, while its limitation is the under-representation of marginalised voices, such as women and Shia scholars. This work significantly contributes to Islamic legal studies, comparative law, and debates on law-state relations in Muslim societies.
Family Harmony and the Question of National Resilience: A Maqāṣid al-Sharī‘ah Perspective Arif Sugitanata; Ahmet Arıtürk; Ahmad Rajafi; Fayaz Mahmadah; Wardatun Nadhiroh
Indonesian Journal of Islamic Law Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/1vp2ps41

Abstract

Indonesia’s national resilience is currently facing multidimensional pressures that have a direct impact on social stability, including family harmony as the smallest yet strategically significant social unit. Departing from this reality, this study aims to explain the urgency of national resilience in shaping and maintaining family harmony, while also exploring its contribution through the perspective of maqāṣid al-sharīʿah. Employing a qualitative approach based on a literature review, this research examines a wide range of academic sources, including books, scholarly journal articles, findings from authoritative research institutions, and Islamic normative frameworks, to construct an in-depth theoretical synthesis. The findings indicate that various dimensions of national resilience, such as economic, ideological, cultural, security, digital resilience, equitable development, and institutional integrity, can be understood as structural conditions that shape the quality and stability of relationships within the family. Accordingly, family harmony in this article is positioned not as a determinative empirical indicator, but as an analytical and conceptual indicator for assessing the effectiveness of the national resilience system. When the state fails to fulfil one or more of these aspects, families are exposed to structural pressures that threaten communication, caregiving roles, role modelling, and emotional stability. From the perspective of maqāṣid al-sharīʿah, national resilience is shown to support efforts to protect the five fundamental principles, namely religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-ʿaql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Therefore, family harmony is not merely an expression of interpersonal relations but also an indicator of the effectiveness of the national resilience system. In this context, the study offers conceptual novelty by positioning family harmony not solely as the outcome of internal household dynamics, but as a socio-legal indicator of the quality of national resilience. This approach extends the study of maqāṣid al-sharīʿah from the normative domain of family law into a structural analysis that links state responsibility with the lived realities of family life. Thus, this article not only synthesises existing ideas but also constructs a new analytical framework that is relevant to the study of Islamic law and social governance.
Normative Divergence on Consensual Homosexuality: A Comparative Study of Islamic Criminal Law and Indonesian Positive Law M. Nurul Irfan; Rahmadani, Laila Palupi; Rosyid, Maskur; Dahri, Harapandi; Urteaga-Crovetto, Shalini
Indonesian Journal of Islamic Law Vol. 8 No. 2 (2025): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/jrbvhk28

Abstract

The criminalisation of liwāṭ in Islamic criminal law is grounded in a robust normative framework. However, it contains a dialectic between the determination of ḥudūd and the discretion of taʿzīr, with the principle that darʾ al-ḥudūd bi al-shubuhāt prevents criminalisation when there is doubt. In contrast, Indonesian positive law explicitly does not criminalise consensual same-sex relations between adults because the principle of legality requires the formulation of a written, clear, and definite criminal offence. This absence of norms is not a legislative omission but rather a policy choice that creates legal ambiguity as a control mechanism, achieved indirectly through other legal regimes. This study employs a normative and comparative juridical approach, focusing on the textual interpretation of Islamic criminal law and national statutory provisions. The results show that the tension between the certainty of criminalisation in Islamic criminal law and the ambiguity of Indonesian positive law illustrates two different models of social control: cautious normative certainty versus managed normative absence. The primary contribution of this research is to offer a new conceptual framework by repositioning the "legal vacuum" not simply as the absence of criminal norms at the national level, but as a government strategy based on legal ambiguity in responding to the prescriptivity of Sharia norms. Based on this analysis, the precautionary principle of sentencing in Islamic criminal law has the potential to serve as a basis for harmonisation that aligns with the principles of legality and human rights protection in the national legal system, thereby opening up space for reconciliation between Islamic moral norms and the constitutionality of law in Indonesia.
Between Duty, Capacity, and Inability: Post-Divorce Child Support in Indonesian Religious Courts Muhsan Syarafuddin; Gioia Beatrice; Jauhar, Ghufran; Ghifary Duyufur Rohman; Haris Maiza Putra
Indonesian Journal of Islamic Law Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/8sjf7s13

Abstract

When the court explicitly acknowledges a father's economic incapacity, child support obligations after divorce create acute legal tension. This article looks at a confusing situation in child support decisions after divorce, based on Decision Number 4501/Pdt.G/2024/PA.Jr. from the Jember Religious Court, Indonesia, where the court required a fixed child support payment even though the father had proven he couldn't afford it. The case highlights a bigger problem that courts face in areas with different laws and economic challenges: how to balance the need to protect children with the reality that some financial obligations may not be possible to enforce. This study uses a legal approach to analyse laws, court decisions, and important Islamic legal sources to assess whether the court's reasoning is fair. The findings reveal a structural inconsistency. Even though the court referenced child protection rules and traditional legal views that support parental responsibility, the maintenance order was too high for the father to afford, making it very difficult for him to follow. Through the evaluative lens of Maqāṣid al-Sharīʿah, the decision demonstrates a failure of proportional balancing: the protection of offspring (ḥifẓ al-nasl) was prioritised without adequate consideration of economic preservation and basic welfare (ḥifẓ al-māl and ḥifẓ al-nafs), both foundational objectives within Islamic legal thought. The article argues that this pattern in court decisions shows a common problem in family courts with limited resources, where the legal responsibilities are recognised more than they can actually be enforced. By placing a local decision within this ongoing issue, the study adds to worldwide discussions about fairness, the ability to enforce choices, and the power of judges in child support cases after divorce.
State Recognition and Islamic Legal Authority: Repositioning the Mufti Institution in Greece Paralikas, Apostolos G.; Boumpa, Anna
Indonesian Journal of Islamic Law Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/1gpqja79

Abstract

This article analyses the transformation of Islamic personal status law for the Muslim minority in Thrace within the Greek legal order. Historically grounded in obligations under the Treaty of Lausanne, Sharia jurisdiction functioned as a state-administered system that generated persistent tensions between minority protection, constitutional equality, and individual autonomy. Through an integrated doctrinal approach combining treaty interpretation, statutory analysis, and jurisprudential review—centred on the landmark judgment in Molla Sali v. Greece before the European Court of Human Rights—the study demonstrates how supranational human rights scrutiny destabilised identity-based legal pluralism. The Court’s rejection of compulsory Sharia inheritance rules prompted legislative reforms in 2018 and 2022 that redefined the Mufti’s jurisdiction as conditional upon explicit consent and enhanced judicial oversight. The article argues that these reforms do not abolish religious jurisdiction but recalibrate it within a constitutional framework centred on verified voluntariness, equality, and procedural safeguards. The Greek experience thus illustrates a model of conditional legal pluralism in which religious adjudication remains legitimate only when embedded within effective state supervision and individual choice. By situating the Greek case within broader European human rights debates, the study clarifies a normative threshold for reconciling minority protection with constitutional democracy.
Beyond the Pulpit and the Screen: Digital Fatwas and the Transformation of Islamic Legal Authority in Nigeria Abdulkabeer Akinlabi Habeebullah; Aysel Aliyeva; Haoua Zeinabou; Fonkoua Moussa Abdoulaye; Leyla Heikkinen
Indonesian Journal of Islamic Law Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/n82ehp05

Abstract

The rapid expansion of digital media has significantly altered the circulation of religious authority, raising new questions about how Islamic legal interpretation operates beyond traditional scholarly institutions. This article investigates how digital fatwas reshape the production and legitimacy of Islamic legal authority in Nigeria, a context where Islamic jurisprudence interacts with diverse social, institutional, and technological environments. The study positions digital fatwas not merely as new channels of dissemination but as socio-legal arenas in which authority is negotiated among scholars, digital platforms, and religious audiences. Drawing on qualitative socio-legal methods, including discourse analysis of online fatwas, platform observation, and interviews with scholars and digital religious actors, the article examines how Islamic legal opinions circulate and gain legitimacy within contemporary digital ecosystems. The findings demonstrate that digitalisation does not eliminate traditional scholarly authority; rather, it reconfigures it into a relational and networked form in which credibility is co-produced through scholarly reputation, technological mediation, and audience engagement. By analysing the transformation of fatwa practices in Nigeria, the article contributes to broader debates on Islamic law as a discursive and institutional phenomenon. It shows how emerging digital infrastructures reshape the dynamics of ijtihād, authority, and legal interpretation in the Global South, offering new insights into how Islamic legal authority adapts to evolving socio-technological contexts.
Donor Sperm, Lineage, and Preventive Islamic Legal Reasoning: A Sadd al-Dharīʿah Analysis Salma, Salma; Jarudin, Jarudin; Nafsa, Aisy Rafiqa; Hamadah Ashfiya
Indonesian Journal of Islamic Law Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/yga8ay27

Abstract

Artificial insemination using donor sperm represents a significant challenge to the integrity of lineage (nasab) within contemporary legal and social systems. As a form of assisted reproductive technology, it enables non-conventional forms of procreation that raise complex ethical, legal, and social concerns, particularly regarding kinship, identity, and marital legitimacy. Among the most notable cases is the fertility fraud incident in Indianapolis, where a physician inseminated numerous patients with his own sperm without their knowledge or consent, resulting in extensive and unintended biological relations. This study examines the legal and ethical implications of donor sperm insemination through the framework of sadd al-dharīʿah as a form of preventive Islamic legal reasoning. Employing a qualitative approach based on library research and content analysis, the study draws on documentary materials, including the Our Father case, as well as relevant legal and theoretical literature. The analysis focuses on how reproductive technologies, when detached from normative constraints, generate risks that extend beyond individual cases to broader social structures and systems of lineage governance. The findings indicate that donor sperm insemination poses serious risks to the preservation of lineage (ḥifẓ al-nasl), potentially leading to genealogical ambiguity, inadvertent consanguinity, and disruptions in family structure. Within this context, sadd al-dharīʿah provides a relevant analytical framework for anticipating and preventing harm by restricting practices that may lead to legally and socially undesirable consequences. This article contributes to the ongoing discourse on Islamic legal reasoning by demonstrating the applicability of preventive principles in addressing emerging bioethical challenges, while situating lineage not only as a matter of individual rights but also as a concern of social order and legal ethics.

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