cover
Contact Name
Ahmad Maulidizen
Contact Email
mabadiiqtishada@gmail.com
Phone
+6287873170896
Journal Mail Official
shariahlex@gmail.com
Editorial Address
JL. H. MAWI RT/RW 004/005 KP JATI KECAMATAN PARUNG KABUPATEN BOGOR 16330
Location
Kab. bogor,
Jawa barat
INDONESIA
Journal of Islamic Law and Legal Studies
ISSN : 30480701     EISSN : 30479738     DOI : 10.70063
Core Subject : Religion, Social,
Journal of Islamic Law and Legal Studies is a scholarly publication dedicated to exploring the intricacies of Islamic law within contemporary legal contexts. The journal serves as a platform for researchers, scholars, and practitioners to delve into various aspects of Shariah, offering critical analyses, theoretical discussions, and empirical studies. With a commitment to fostering a deeper understanding of Islamic legal principles and their application in diverse societal settings, ShariahLex embraces interdisciplinary approaches and welcomes contributions from fields such as law, Islamic studies, sociology, political science, and anthropology. Each issue of ShariahLex features rigorously peer-reviewed articles that address a wide range of topics, including Islamic jurisprudence (fiqh), legal theory (usul al-fiqh), comparative legal studies, human rights, family law, criminal law, and finance. By providing a platform for scholarly discourse and intellectual exchange, the journal aims to contribute to the advancement of knowledge in Islamic law and legal studies, enriching academic scholarship and stimulating further research in this field. ShariahLex invites submissions from scholars worldwide, thereby fostering a global dialogue on contemporary issues and emerging trends within Islamic law and legal studies. Through its publication, the journal seeks to promote cross-cultural understanding, encourage critical engagement with Islamic legal traditions, and offer insights into the dynamic interactions between Islamic law and modern legal systems. Ultimately, ShariahLex aspires to be a leading forum for academic inquiry and scholarship in the realm of Islamic law, facilitating discussions that are relevant to both academic researchers and legal practitioners alike.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
Revisiting the Legacy of Islamic Legal Scholarship: The Influence of Sharia on Contemporary Legal Systems Faris LC, Salman
Journal of Islamic Law and Legal Studies Vol 2 No 1 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/-.v2i1.56

Abstract

This study explores the enduring legacy of Islamic legal scholarship and its significant influence on both historical and contemporary legal systems, with a particular focus on the multifaceted nature of Sharia. The research addresses the issue of misunderstanding Islamic law as rigid and outdated by highlighting its historical adaptability and intellectual richness. The primary objective is to examine how Islamic jurisprudence, particularly through the principles of Maqasid al-Shariah, has shaped legal systems and continues to inform debates on justice, human rights, and legal pluralism. Utilizing a qualitative library research methodology, the study analyzes classical Islamic legal texts, juristic methodologies, and modern interpretations to trace the evolution of Sharia from its foundational sources—the Quran and Hadith—to its integration into systems like the Ottoman and Mughal legal frameworks. The findings reveal that Sharia is not merely a codified set of rules, but a comprehensive ethical system responsive to context through tools such as Ijtihad, Qiyas, and Istislah. Moreover, the influence of Islamic law extends beyond the Muslim world, contributing to discourses on legal pluralism and ethical governance globally. Ultimately, the study demonstrates the continued relevance of Islamic legal tradition in shaping contemporary legal and moral thought in Muslim-majority societies and beyond.
Bitcoin in Islamic Jurisprudence: Between Innovation and Speculation Rifqi Prasmanto, Jundullah; Ma’ruf, Anang; Fathurrahman Assidiq, Muhammad; Faiz Diyaulhaq, Muhammad
Journal of Islamic Law and Legal Studies Vol 2 No 1 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/-.v2i1.62

Abstract

This study examines the status of Bitcoin and its underlying blockchain technology from the perspective of Islamic law. The research utilizes a qualitative library-based method, analyzing primary sources of Islamic jurisprudence alongside recent academic studies. It explores key Shariah principles such as mal mutaqawwam, maysir, gharar, and riba, in assessing Bitcoin's permissibility. The findings reveal that while Bitcoin's volatility, speculation, and lack of intrinsic value raise concerns under Islamic finance, the asset does not inherently involve interest (riba). Furthermore, the research distinguishes between the controversial nature of Bitcoin and the positive potential of blockchain technology, which aligns with the objectives of maqasid al-shariah, particularly in promoting transparency, financial inclusion, and ethical conduct. The study concludes that while Bitcoin may remain contentious, blockchain offers significant opportunities for Shariah-compliant financial innovation when supported by appropriate regulation and ethical oversight.
Managing Islamic Endowments (Waqf): Legal Challenges and Strategic Approaches for Sustainable Development Ulwan Fadhlurrahman, Fauzan; Diaz Wahyu Darmansyah, Muhammad; Permana Adi Citra, Yogi
Journal of Islamic Law and Legal Studies Vol 2 No 1 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/-.v2i1.65

Abstract

This research explores the significance of waqf (Islamic endowment) management in achieving sustainable development, emphasizing the legal and managerial obstacles that impede its optimal performance. Although waqf has historically played a vital role in areas such as education, healthcare, and poverty reduction, modern administration is challenged by disjointed legal systems, outdated policies, and inadequate governance structures. These issues contribute to inefficiency, a lack of transparency, and declining confidence among donors. Applying a qualitative library research method, the study systematically examines scholarly sources, legal texts, and institutional records to assess how legal reform and strategic governance can enhance waqf operations. The analysis highlights the importance of aligning Islamic legal principles with contemporary management approaches—such as performance planning, financial innovation, and clear accountability measures—to improve both impact and efficiency. Moreover, the study stresses the urgent need for legal restructuring and human capital development within waqf institutions to ensure long-term viability and professionalism. By overcoming legal and organizational shortcomings, waqf can be transformed into a dynamic and sustainable financial instrument that supports the Sustainable Development Goals (SDGs). This research offers valuable academic and policy insights into creating effective, transparent, and Shariah-compliant waqf frameworks suited to modern socio-economic challenges.
Judicial Reasoning in Cumulative Divorce and Child Custody Cases Involving Financial Neglect: A Case Study of Decision No. 5139/Pdt.G/2020/PA.Tgrs Katamsyah, Johan; Songgirin, Amin
Journal of Islamic Law and Legal Studies Vol 2 No 1 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/-.v2i1.87

Abstract

This study analyzes the judicial reasoning in a cumulative family law case involving a wife’s petition for divorce and child custody due to her husband’s failure to provide financial support. Using a normative-empirical legal research method, the research focuses on case No. 5139/Pdt.G/2020/PA.Tgrs at the Tangerang Religious Court. The findings reveal that the court acknowledged economic neglect as a legitimate ground for divorce and upheld maternal custody for the underage child based on Article 105 of the Compilation of Islamic Law. The judge’s decision also reflected a balanced approach between formal legal provisions and Islamic ethical principles such as maslahah (public interest) and justice. This dual reasoning framework enhances both the legal legitimacy and moral authority of the religious courts. The research contributes to the discourse on integrated legal reasoning in pluralistic systems and highlights the importance of protecting women and children's rights in family law proceedings.
Campus-Based Sharia Activism: Exploring Legal Awareness and Youth Mobilization in Muslim Communities Setiawan, Agus; Purkoni, Ahmad; Aijat Mau, Fajli; Setiawan, Agung; Mufti, Ahmad
Journal of Islamic Law and Legal Studies Vol 2 No 1 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/-.v2i1.89

Abstract

This study explores the rise of campus-based Sharia activism and its influence on legal consciousness and youth mobilization within Muslim communities, particularly in Southeast Asia. Amid increasing religiosity among Muslim students, campus organizations such as Lembaga Dakwah Kampus (LDK) have played pivotal roles in shaping Islamic legal understanding through peer-based intellectualism, digital engagement, and gender-inclusive discourse. Despite growing activism, empirical research remains limited, prompting this study to adopt a library research methodology. Drawing from academic sources published over the past five years, the study employs qualitative content analysis to identify key patterns and themes related to youth engagement with Sharia law. The findings reveal that student activism fosters a dynamic legal consciousness that blends traditional jurisprudence with contemporary concerns such as human rights, gender equity, and digital ethics. Peer-led discussions, digital platforms, and inclusive legal education emerge as crucial tools in this transformation. Youth activists are not passive recipients of religious authority but active agents who reinterpret Sharia in light of lived realities.
Artificial Intelligence and Islamic Jurisprudence: A Critical Analysis of Legal and Ethical Challenges in Automated Decision-Making Azizli, Kamran; Gargari, Esmira Hajiyeva; Muchtar, Abdul Haris; Sahal, Abdurrohman
Journal of Islamic Law and Legal Studies Vol 2 No 2 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/jills.v2i2.117

Abstract

This study critically reassesses Islamic economic law within the rapidly expanding digital economy, emphasizing the necessity of a globally coherent Sharia-compliant regulatory architecture. Using a qualitative library research method, the paper draws from classical jurisprudence, contemporary fintech literature, and international Sharia standards to examine the tensions emerging from technological innovations such as artificial intelligence, blockchain, digital assets, and Islamic fintech platforms. Findings reveal significant regulatory fragmentation across Muslim jurisdictions, inconsistencies in Sharia interpretation, and gaps in digital literacy, which collectively hinder harmonized governance. Moreover, emerging digital financial instruments raise pressing ethical concerns related to transparency, algorithmic bias, cybersecurity, and compliance with prohibitions against riba, gharar, and maysir. The study argues that Maqasid al-Shariah—particularly the principles of ḥifẓ al-māl, maslahah, and harm prevention—provides a holistic framework for balancing innovation with ethical integrity. It also identifies the urgent need for cross-border regulatory harmonization, AI ethics protocols, enhanced Sharia governance structures, and tailored regulatory sandboxes for Islamic fintech. Ultimately, the research offers a conceptual foundation for constructing a future-ready, inclusive, and ethically resilient global Islamic digital finance system.
Toward a Global Sharia-Compliant Regulatory Architecture: A Critical Reassessment of Islamic Economic Law in the Digital Age Osmanov, Fuad Fazil; Babazade, Zohr Isa; Mansurzada, Asma Elmar
Journal of Islamic Law and Legal Studies Vol 2 No 2 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/jills.v2i2.118

Abstract

This study critically reassesses Islamic economic law in response to the accelerating digital transformation reshaping global financial ecosystems. Drawing on classical jurisprudential sources, international Sharia standards, and contemporary literature on Islamic fintech, the research employs a qualitative library-based methodology to evaluate how digital innovations—particularly AI, blockchain, digital assets, and Islamic fintech platforms—challenge existing regulatory structures across Muslim jurisdictions. The findings reveal substantial fragmentation in Sharia governance, inconsistencies in regulatory interpretation, and limited technical capacity, which collectively hinder the development of a cohesive global framework. The study argues that the integration of Maqasid al-Shariah offers a robust ethical and legal foundation for constructing a global Sharia-compliant regulatory architecture capable of addressing cybersecurity risks, algorithmic bias, consumer protection gaps, cross-border inconsistencies, and the complexities of emerging technologies. The analysis highlights the need for harmonized standards, AI ethics protocols, enhanced RegTech adoption, and dynamic regulatory sandboxes to balance innovation with Sharia compliance. Ultimately, the research proposes a forward-looking model that embeds Islamic ethical principles within contemporary digital governance, ensuring that Islamic finance remains resilient, transparent, and socially responsible in the digital age.
A Maqasid al-Shariah Framework for Fintech and Digital Asset Regulation in Muslim Jurisdictions Azizov, Elman; Azizov, Adalat; Azizli, Aytan; Babayev, Aydin Anar
Journal of Islamic Law and Legal Studies Vol 2 No 2 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/jills.v2i2.119

Abstract

This study examines how a Maqasid al-Shariah framework can provide a holistic and ethically grounded foundation for regulating fintech and digital assets across Muslim jurisdictions. Drawing upon classical Islamic legal sources and contemporary fintech literature, the research employs a qualitative library-based methodology to analyze how principles such as ḥifẓ al-māl (protection of wealth), maslahah (public welfare), and harm prevention can guide effective oversight of emerging technologies. Findings indicate that rapid digital financial innovation—particularly involving AI-driven platforms, blockchain systems, P2P lending, crypto-assets, and digital banking—poses significant regulatory challenges related to Shariah compliance, cybersecurity, financial stability, and consumer protection. Muslim jurisdictions face fragmented regulatory structures, inconsistent Shariah interpretations, and limited digital literacy, which hinder the development of cohesive governance frameworks. Integrating Maqasid al-Shariah provides an ethical compass to balance innovation with justice, transparency, accountability, and socio-economic welfare. The study highlights the need for harmonized cross-border standards, robust Shariah governance systems, AI ethics protocols, and regulatory sandboxes tailored to Islamic fintech. Ultimately, the Maqasid framework offers a dynamic and future-ready model for guiding digital finance ecosystems towards ethical resilience, social justice, and sustainable development.
Ethical Consumerism and Trade Liberalization: A Comparative Legal Analysis of Halal Regulatory Regimes Abdullayev, Kamran; Elshad, Elay Yusifli; Sain, Zohaib Hassan; Maulidizen, Ahmad
Journal of Islamic Law and Legal Studies Vol 2 No 2 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/jills.v2i2.120

Abstract

This study provides a comprehensive comparative legal analysis of halal regulatory regimes within the broader context of ethical consumerism and global trade liberalization. Using a qualitative library research approach, the study examines diverse national and regional regulatory models—including Malaysia’s centralized system, Indonesia’s hybrid framework, and decentralized certification practices in GCC and Western jurisdictions. The findings indicate that divergent legal philosophies, inconsistent certification processes, and fragmented enforcement mechanisms create significant barriers to mutual recognition and international market integration. Ethical consumerism intensifies demands for transparency, authenticity, and integrity, yet weak oversight in several regions perpetuates fraud, mislabeling, and supply chain vulnerabilities. Trade liberalization further complicates the landscape, as variations in halal standards often function as technical barriers to trade, disproportionately affecting SMEs. The study highlights the growing relevance of blockchain, AI, and digital traceability as potential solutions to enhance integrity, harmonize standards, and improve global halal governance. Ultimately, the analysis underscores that achieving balance between ethical consumer protection and liberalized trade requires collaborative regulatory reforms, robust oversight, and technologically supported verification systems capable of fostering trust and facilitating global market access.
Islamic Legal Perspectives on Climate Justice: Integrating Environmental Ethics and Economic Responsibility Shabanov, Zeynaddin Musennif; Elshad, Gulay Yusifli; Yusifov, Elshad
Journal of Islamic Law and Legal Studies Vol 2 No 2 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/jills.v2i2.121

Abstract

This study explores Islamic legal perspectives on climate justice by integrating environmental ethics with economic responsibility within the wider framework of Sharia. Using a qualitative library research approach, it examines classical sources such as the Qur’an, Hadith, and uṣūl al-fiqh, alongside contemporary works on Islamic environmental ethics, sustainable development, and climate governance. The findings show that Islamic principles—including khalifah (stewardship), mīzān (balance), ‘adl (justice), and maslahah (public interest)—provide a strong ethical foundation for addressing climate change and preventing environmental corruption (fasād). The Maqāṣid al-Sharī‘ah, particularly the preservation of life, property, lineage, and the environment, support environmentally conscious policies and sustainable economic practices. Islamic finance instruments such as green sukuk and ESG-aligned investments further promote ecological responsibility. Overall, Islamic legal and economic traditions offer a comprehensive framework that links environmental sustainability with socio-economic equity, positioning Islamic thought as an important contributor to global climate justice discourse.

Page 2 of 2 | Total Record : 20