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Contact Name
Muhammad Fauzinudin Faiz
Contact Email
ijil.pascasarjanaiainjember@gmail.com
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+6285762222866
Journal Mail Official
ijil.pascasarjana@uinkhas.ac.id
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Jl. Mataram No. 1 Karang Mluwo, Mangli, Kec. Kaliwates, Kabupaten Jember, Jawa Timur 68136
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INDONESIA
Indonesian Journal of Islamic Law (IJIL)
ISSN : 2085627X     EISSN : 26157543     DOI : https://doi.org/10.35719/ijil.v5i1
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 101 Documents
Islamising Policy or Decolonising Law? Constitutional Negotiation in Indonesia's Local Sharia Regulations Lukman Santoso; Mega Puspita; Arifah Millati Agustina
Indonesian Journal of Islamic Law Vol. 9 No. 2 (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: 10.35719/5hx5vp54

Abstract

In post-Reform Indonesia, decentralisation has generated numerous Sharia-inspired local regulations, many of which were initially associated with symbolic, moralistic, and punitive forms of legal formalisation. This article examines a subsequent shift toward more substantive forms of local Islamic legal governance. Using a normative legal method informed by a socio-legal perspective, it analyses halal tourism regulations in West Nusa Tenggara and West Sumatra and child-marriage prevention policies in Gresik and Ponorogo. The concept of ‘beyond formalisation’ is used here to describe a reinterpretation of Islamic legal values through legal pluralism, responsive law, and maqāṣid al-sharī‘ah within local public policy. The analysis shows that these regulations cannot be understood uniformly. Some continue to reproduce coercive or majoritarian tendencies, while others translate Islamic legal principles into instruments of economic development, social protection, and the safeguarding of vulnerable groups. The article argues that such policies are best understood as sites of constitutional negotiation in which local governments and social actors reinterpret Islamic legal norms within Indonesia’s plural legal order. From a postcolonial perspective, this shift illustrates an effort to move beyond the rigid positivisation of fiqh toward contextual forms of legal reasoning that connect Islamic legal values with constitutional rights, public welfare, and local social needs.

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