cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Fauzinudin Faiz
Contact Email
ijil.pascasarjanaiainjember@gmail.com
Phone
+6285762222866
Journal Mail Official
ijil.pascasarjana@uinkhas.ac.id
Editorial Address
Jl. Mataram No. 1 Karang Mluwo, Mangli, Kec. Kaliwates, Kabupaten Jember, Jawa Timur 68136
Location
Kab. jember,
Jawa timur
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 91 Documents
 6   7   8   9   10 
The Algorithmic Fiqh: Qiyas and the Cryptocurrency Paradigm Benali, Fatima Zohra; Miftahussurur, Wildan Miftahussurur; Santos, Rijal Ali Santos; Zaenol Hasan
Indonesian Journal of Islamic Law Vol. 8 No. 1 (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/c3g8zb70

Abstract

This study examines the application of qiyas (analogical reasoning) in assessing the legality of cryptocurrency within Islamic law, particularly through the fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). As cryptocurrency emerges as a significant innovation in the economic sector, the research analyzes classical fiqh texts and draws analogies with paper money to identify essential criteria for cryptocurrency to be considered a legitimate medium of exchange, including being valuable, pure, transferable, and beneficial. The findings indicate that while cryptocurrency lacks official backing, its value is derived from societal trust in blockchain technology. The study emphasizes the necessity for cryptocurrency transactions to comply with Sharia principles, avoiding elements of riba, gharar, and maysir. Additionally, it highlights the importance of collaboration among scholars, academics, and practitioners in Sharia economics to develop responsive fatwas and policies that address technological advancements and societal needs. Furthermore, to provide a broader perspective, examples from other countries, such as Malaysia, Algeria, and Morocco, can be referenced to understand how different Islamic authorities approach the regulation and assessment of cryptocurrency. For instance, Malaysia's Shariah Advisory Council has recognized cryptocurrencies under certain conditions, while Algeria has outright banned their use due to concerns over their volatility and speculative nature. Morocco, on the other hand, has issued warnings about the risks associated with cryptocurrency, despite the growing global interest in digital currencies. By examining these diverse approaches, the research can offer a more comprehensive understanding of how cryptocurrency fits within the frameworks of Islamic finance and law across different contexts. This research contributes to the discourse on integrating modern financial systems with Islamic principles, suggesting that cryptocurrencies can be utilized within Islamic economies if they adhere to Sharia guidelines. Ultimately, the study aims to provide practical guidance for Muslims in conducting economic activities in the digital era while leveraging technological progress to enhance welfare and prosperity.
Reconfiguring Hanafi Jurisprudence in Central Asia: A Comparative Study of Contemporary Uzbek Islamic Legal Thought and Classical Transoxanian Usul al-Fiqh Lianne, Ghazal; Tuleen, Jouri; Rahman, Izza Afkarina; Nursultan Daulet; Shamil Alyautdinov
Indonesian Journal of Islamic Law Vol. 8 No. 1 (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/sych6h79

Abstract

This article explores the evolution of Hanafi legal theory in Central Asia, with a comparative analysis of contemporary Uzbek Islamic legal thought and the classical Transoxanian Usul al-Fiqh tradition. The study investigates how historical developments and socio-political transformations have influenced the interpretation and application of Hanafi principles in modern Uzbekistan. Drawing from textual analysis of classical Usul al-Fiqh manuscripts, contemporary legal documents, and interviews with Islamic scholars in Uzbekistan, this research situates modern Uzbek Islamic jurisprudence within its historical and regional context. The findings highlight key continuities and divergences in the methodologies employed by contemporary Uzbek jurists compared to their classical Transoxanian predecessors. These include shifts in prioritizing textual over rationalist interpretations, the role of state authority in shaping legal discourse, and the increasing incorporation of public policy considerations within Islamic legal reasoning. The study also examines how these changes reflect broader trends in Islamic legal reform across post-Soviet Central Asia. This article concludes that while contemporary Uzbek Islamic legal thought retains a foundational connection to classical Hanafi principles, it represents a localized adaptation influenced by modern challenges, including legal pluralism and state interventions. The analysis underscores the importance of understanding historical and cultural contexts in shaping Islamic legal traditions. It contributes to broader discussions on the dynamic interplay between classical jurisprudence and modernity in Muslim societies.
The Ẓāhirī School between East and West: Tracing the Development of Islamic Legal Literalism from Baghdad to Cordoba Sánchez, Omar García; Pérez, Karim Rodríguez; Ruiz, Yasmina Fernández; Vílchez, José Miguel Puerta; El Idrissi, Mohammed Ibrahim
Indonesian Journal of Islamic Law Vol. 8 No. 1 (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/xh45z858

Abstract

This article explores the historical development and intellectual trajectory of the Ẓāhirī school of Islamic jurisprudence, focusing on its transition from Baghdad in the East to Cordoba in the West. The study investigates how the school’s distinctive approach to legal literalism (ẓāhir) evolved within varying cultural, political, and intellectual contexts. Using a comparative textual analysis of foundational Ẓāhirī works, including those by Dāwūd al-Ẓāhirī and Ibn Ḥazm, the research examines the principles underpinning the school’s strict adherence to apparent meanings in legal interpretation. The findings reveal that while the Ẓāhirī school maintained its core commitment to textual literalism, its methodologies and applications adapted to regional dynamics. In Baghdad, the Ẓāhirī approach emerged as a critique of rationalist and analogical reasoning, asserting the primacy of Qur'anic and Prophetic texts. Under Ibn Ḥazm’s leadership in Cordoba, the school flourished in response to Andalusian intellectual currents and debates with other schools of thought. These developments underscore the Ẓāhirī school's dual identity as both a challenger of prevailing jurisprudential trends and a product of its socio-political milieu. This study concludes that the evolution of the Ẓāhirī school highlights the dynamic interplay between textual fidelity and contextual adaptation in Islamic legal history. By tracing its development across two distinct regions, the research contributes to broader discussions on the diversification of Islamic jurisprudence and the role of literalism in shaping legal discourses across time and space.
Kosovar Muslims and the Hanafi School: Legal Interpretations in a Post-Ottoman Context Hatixhe, Mimoza; Petrović, Sofija Hatice; Nikolić, Selma; Ljiljana, Katarina Snežana
Indonesian Journal of Islamic Law Vol. 8 No. 1 (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/tax7pc07

Abstract

This article explores the enduring influence of the Hanafi school of Islamic jurisprudence among Kosovar Muslims in the post-Ottoman era, focusing on its legal interpretations and social implications. The study examines how the Hanafi tradition, which was institutionalized during Ottoman rule, has shaped legal practices and community norms in Kosovo amidst socio-political transformations, including the transition to a secular legal framework. Drawing on historical analysis, legal documents, and interviews with religious scholars, this research investigates the application of Hanafi jurisprudence in areas such as marriage, inheritance, and community dispute resolution. The findings reveal a dynamic interplay between adherence to traditional Hanafi principles and adaptations to modern legal and societal contexts. While the Hanafi framework remains a cornerstone of religious identity and practice, contemporary challenges—such as legal pluralism, secular governance, and globalization—have prompted nuanced reinterpretations to align with the changing needs of the Muslim community in Kosovo. This study underscores the role of Islamic jurisprudence in shaping communal and individual identities in a post-Ottoman context. It highlights the resilience and adaptability of the Hanafi school while contributing to broader discussions on integrating Islamic traditions within modern legal systems. The article concludes by emphasizing the importance of localized approaches to Islamic jurisprudence that respect historical legacies while addressing contemporary realities.
Beyond Anthropocentrism: Reinterpreting Islamic Legal Ethics through Transspecies Rights and Ecological Jurisprudence Sargsyan, Hovhannes; Rahman, Annisatul Maulidiyyah; Björnsson, Alice; Ndong Nzé, Yusuf; del Carmen, Ana Sofía
Indonesian Journal of Islamic Law Vol. 8 No. 1 (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: 10.35719/9vrysr32

Abstract

Contemporary Islamic legal discourse predominantly adheres to an anthropocentric paradigm, marginalizing the moral and legal status of non-human entities. This study critically interrogates the philosophical and normative foundations of Islamic legal ethics by expanding the rights discourse through a transspecies lens. Employing an interdisciplinary approach—integrating ecological philosophy, moral rights theory, and transformative interpretations of maqashid syariah—this research reconceptualizes key concepts in Islamic jurisprudence, including life, agency, and ethical responsibility. Through a hermeneutical analysis of classical and contemporary Islamic texts, the study demonstrates how broadening the scope of rights beyond human subjects can fundamentally reshape Islamic legal thought. The findings reveal that a transspecies perspective not only enriches Islamic legal philosophy but also fosters a holistic jurisprudential framework that aligns with ecological ethics and sustainability principles. By integrating insights from environmental ethics, animal rights philosophy, and Islamic legal theory, this study challenges anthropocentric paradigms and offers a transformative vision for the ethical foundations of Islamic jurisprudence. Ultimately, this research contributes to broader discussions on legal pluralism, environmental ethics, and the reinterpretation of religious normative frameworks in addressing contemporary ecological crises.​​​​​​​​​​​​​​​
Book Review: Islamic Law in Circulation: Shāfiʿī Texts Across the Indian Ocean and the Mediterranean, by Mahmood Kooria, Cambridge University Press, 2021. 240 pp. ISBN: 9781108481461 Faiz, Muhammad Fauzinudin; Kooria, Syuhood B.
Indonesian Journal of Islamic Law Vol. 8 No. 1 (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/qvtj6572

Abstract

This article reviews Islamic Law in Circulation: Shāfiʿī Texts Across the Indian Ocean and the Mediterranean by Mahmood Kooria, which explores the transmission of Islamic legal texts within maritime networks across the Indian Ocean and the Mediterranean. Kooria introduces the concept of "maritime intellectuals" to explain scholar-merchants' dual role in disseminating Islamic legal knowledge. Employing an interdisciplinary approach that integrates philological studies, maritime history, and social network analysis, the book offers new insights into the dynamics of Islamic legal circulation. While the book excels in manuscript analysis and the use of multilingual sources, its limitations lie in the lack of engagement with oral traditions and the under-representation of women's roles in Islamic scholarly networks. Overall, this work significantly contributes to studying Islamic legal history and the global circulation of knowledge.
Between Law and Faith: Judicial Dilemmas of Unregistered Polygamy and Divorce in Indonesia Rohman, Holilur; Rishat Ameer Ğafurof; Arif Jamaluddin; Wardah Toyyibah; Abdul Wahab Naf'an
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: 10.35719/5f0dpp36

Abstract

Divorce in unregistered polygamous marriages constitutes one of the most pressing socio-legal challenges in contemporary Indonesia, particularly after the enactment of Supreme Court Circular (SEMA) No. 3 of 2018, which prohibits religious courts from granting isbat nikah for such unions. This article examines two interrelated questions: first, the practical problems of divorce faced by women in unregistered polygamous marriages within the SaMaRa Centre community; and second, the perspectives of religious court judges regarding these issues, assessed through the normative lenses of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and Maqāṣid al-Sharīʿah. Methodologically, this study adopts qualitative fieldwork, combining semi-structured interviews with women affected by such marriages and judges from religious courts in Surabaya and Probolinggo. The findings reveal divergent judicial approaches: some judges uphold strict procedural consistency in line with SEMA No. 3/2018, while others emphasise fairness and maṣlaḥah (public welfare) to justify more flexible rulings. This divergence underscores a judicial dilemma between procedural uniformity and the imperative of justice for vulnerable women. By situating these debates within international human rights norms and Islamic legal theory, the study emphasises the need to develop a more inclusive legal framework that balances state regulations with gender justice. Ultimately, it argues for stronger judicial pathways to protect women’s rights in informal unions, offering insights into the intersection of law, religion, and social realities in Muslim-majority contexts.
Gender Beyond Binary: Inheritance Rights of Third Gender in Islamic Law—Sri Lankan Legal Recognition and Reform Iqbal, Saujan; Yusuf Sani Abubakr; Seeni Mohamed Mohamed Nafees
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: 10.35719/5fnmdq24

Abstract

This study addresses the question of how Islamic inheritance law accommodates individuals whose gender identity falls outside the male-female binary. It begins by situating the issue within Ilm al-Farā’iḍ, a discipline traditionally premised on gendered share allocations prescribed in the Qur’ān. The research positions itself in the doctrinal debates of Islamic jurisprudence (fiqh), focusing on the classical treatment of khunthā (intersex) and mukhannath (effeminate male) and the principle of awarding the “lesser share” in cases of indeterminate identity (khunthā mushkil). Methodologically, the article employs doctrinal analysis of fiqh texts alongside comparative legal examination across Muslim-majority jurisdictions, including Iran, Egypt, Syria, Iraq, Kuwait, Oman, and Bangladesh. The comparison reveals diverse approaches ranging from conditional recognition following surgery to the formal acknowledgement of “third gender” status. The Sri Lankan context receives particular attention, where the Muslim Intestate Succession Ordinance (MISO) enforces classical fiqh rules, while Article 16(1) of the Constitution shields personal laws from equality-based challenges, resulting in systemic discrimination. The study argues that the Women Empowerment Act (2024), though bypassing MISO guidelines, does not resolve underlying structural barriers. The findings suggest that both legal reform—especially amendments to MISO—and broader societal transformation are necessary to ensure inheritance justice for third-gender Muslims.
Abortion, Sharia, and the Modern Muslim State: Reassessing Pakistan’s Legal Framework Areeba Iqbal Qureshi; Muhammad Zia-ul-Haq; Syed Naseeruddin Tahil; Muhammod Hazrat Imamnagar; Salman Chowdhury
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: 10.35719/5by8zz95

Abstract

Abortion continues to represent one of the most debated issues in Islamic legal and ethical discourse, raising questions not only of public health but also of religious interpretation and human rights. In Pakistan, abortion is regulated under the Penal Code, yet its provisions remain highly ambiguous, particularly concerning the notions of “good faith” and “necessary treatment”. This study employs a qualitative doctrinal legal analysis, drawing on primary sources of Islamic law, contemporary fatwas, constitutional provisions, and international legal instruments, to examine the degree to which Pakistan’s abortion laws align with the objectives of maqāṣid al-sharīʿah. Anchored in the principles of preserving life (ḥifẓ al-nafs), faith, intellect, lineage, and property, the analysis incorporates Jasser Auda’s systems-based approach to demonstrate the dynamic potential of maqāṣid in addressing modern bioethical challenges. Findings reveal that Pakistan’s restrictive framework, shaped largely by colonial legacies, often compels women to seek unsafe abortions, thereby undermining the maqāṣid imperative of protecting life and dignity. The legal ambiguity surrounding organ formation and the undefined criteria of necessity stand in contrast with the Hanafi school’s permissibility of abortion before ensoulment (120 days) under legitimate grounds. Comparative insights from Muslim-majority states such as Tunisia, Morocco, and Iran show that more contextually adaptive laws can balance religious ethics with women’s health needs. The study concludes that substantive legal reform is required to harmonise Pakistan’s abortion laws with both Islamic objectives and international human rights standards. Such reform would provide legal clarity, safeguard maternal health, and restore coherence between Pakistan’s identity as an Islamic republic and its global human rights commitments.
Toward a Maqāṣid-Based Legal Reform: Systemic Thinking for Social Transformation in the Modern Muslim World Uthman Mehdad Al-Turabi; Auda, Jasser
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/fhw10v84

Abstract

This article re-examines the role of maqāṣid al-sharī‘ah in contemporary Islamic legal reform, emphasising the need to move beyond classical textualism towards a purposeful paradigm of law grounded in human welfare and moral intentionality. Through a systems-theoretical approach, the study seeks to reconstruct Islamic jurisprudence as a dynamic framework capable of responding to modern challenges such as human rights, human dignity, social justice, and environmental sustainability. The theoretical framework builds upon six systemic features—connectivity, wholeness, openness, interrelated hierarchy, multidimensionality, and purposiveness—which serve as analytical criteria for evaluating how Islamic law can function both ethically and adaptively. Using a normative-qualitative approach, the study compares three reform contexts: family law reform in Indonesia, the constitutional embedding of maqāṣid in Morocco, and penal reform in post-revolution Tunisia. Data are drawn from legislative texts, constitutional provisions, and public policy documents, which are then mapped through the systemic maqāṣid framework. The results show that reforms based on systemic maqāṣid reasoning lead to not only procedural but also transformative legal change, which supports both divine intent and human dignity. The novelty of this research lies in operationalising maqāṣid as a meta-legal philosophy that bridges normative principles with institutional practice. By situating maqāṣid within the discourse of governance and public policy, this article affirms the relevance of Islamic law as a living ethical system—one that is just, humane, and capable of sustaining moral transformation in the modern Muslim world.

Page 9 of 10 | Total Record : 91

 6   7   8   9   10 

Filter by Year

2018 2025


Reset
Filter By Issues
All Issue Vol. 8 No. 2 (2025): Indonesian Journal of Islamic Law Vol. 8 No. 1 (2025): Indonesian Journal of Islamic Law Vol. 7 No. 2 (2024): Indonesian Journal of Islamic Law Vol. 7 No. 1 (2024): Indonesian Journal of Islamic Law Vol. 6 No. 2 (2023): Indonesian Journal of Islamic Law Vol. 6 No. 1 (2023): Indonesian Journal of Islamic Law Vol. 5 No. 2 (2022): Indonesian Journal of Islamic Law Vol. 5 No. 1 (2022): Indonesian Journal of Islamic Law Vol. 4 No. 2 (2021): Indonesian Journal of Islamic Law Vol. 4 No. 1 (2021): Indonesian Journal of Islamic Law Vol. 3 No. 2 (2020): Indonesian Journal of Islamic Law Vol. 3 No. 1 (2020): Indonesian Journal of Islamic Law Vol. 2 No. 2 (2019): Indonesia Journal of Islamic Law Vol. 2 No. 1 (2019): Indonesian Journal of Islamic Law Vol. 1 No. 2 (2018): Indonesian Journal of Islamic Law Vol. 1 No. 1 (2018): Indonesian Journal of Islamic Law More Issue