International Journal of Law
International Journal of Law (IJL) is a peer-reviewed, open-access academic journal dedicated to the publication of high-quality research and scholarly work in the fields of general law, Islamic law, and legal education. Established as a multidisciplinary legal platform, IJL aims to bridge classical jurisprudence with contemporary legal thought, encouraging rigorous academic discourse on how evolving legal systems respond to social, ethical, and educational challenges in a complex, globalized world. The journal welcomes original contributions from legal scholars, practitioners, educators, and policy analysts worldwide. It provides a scholarly venue for critical examination of diverse legal traditions, especially the intersection of secular and Islamic legal systems, and how they inform issues of justice, equity, and governance across cultures and jurisdictions. Scope of the Journal IJL is open to theoretical, doctrinal, and empirical research articles, case studies, and comparative legal analyses. Areas of focus include, but are not limited to: Comparative law between secular and Islamic legal traditions Constitutional, criminal, civil, and administrative law Legal reform, governance, and public policy Islamic jurisprudence: fiqh, usul al-fiqh, and maqasid al-shariah Human rights, transnational justice, and international law Legal education, ethics, and curriculum development Integration of Islamic values into modern legal systems Sharia-compliant finance and Islamic economic regulation Family, inheritance, and personal status laws Legal pluralism and multicultural legal governance Law and society: justice, sustainability, and moral development
Articles
9 Documents
<![CDATA[Constitutional Interpretation Within Islamic and Western Legal Frameworks ]]>
<![CDATA[Muh Ibnu Sholeh]]>;
<![CDATA[Siti Fatinnah Binti Ab Rahman]]>
<![CDATA[ International Journal of Law Vol. 1 No. 1 (2025): Vol 1 No 1 June 2025 ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v1i1.51
<![CDATA[This study examines the mechanisms of constitutional interpretation within Islamic and Western legal traditions, focusing on their foundational principles, interpretive tools, and institutional actors. Western constitutional systems are typically grounded in secularism, liberal democracy, and popular sovereignty, where interpretation evolves through judicial reasoning, often guided by theories such as originalism, textualism, or living constitutionalism. In contrast, Islamic constitutionalism draws legitimacy from divine revelation, with the Qur’an and Sunnah forming the core sources of law. Interpretation in Islamic legal frameworks involves usul al-fiqh, maqasid al-shariah, and ijtihad, aiming to preserve divine intent while addressing contemporary realities. Using a library research method, this paper analyzes key differences and points of convergence between the two systems. It finds that Western systems grant primary interpretive authority to courts, while Islamic models often involve religious scholars alongside state institutions. The flexibility of interpretation also varies, with Western systems emphasizing legal evolution, whereas Islamic systems emphasize preservation of ethical and theological principles. This study contributes to the discourse on legal pluralism, highlighting challenges and opportunities in integrating Islamic and constitutional norms. It offers insights for legal scholars, policymakers, and constitutional drafters working within or across pluralistic legal environments in Muslim-majority countries.]]>
<![CDATA[Enforcement Challenges in Human Rights Protection Under International Law ]]>
<![CDATA[Nur 'Azah]]>;
<![CDATA[Abd Rouf]]>
<![CDATA[ International Journal of Law Vol. 1 No. 1 (2025): Vol 1 No 1 June 2025 ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v1i1.52
<![CDATA[Despite the proliferation of international human rights instruments, the enforcement of these rights remains a persistent challenge in global governance. This article explores the structural, legal, and political obstacles that hinder the effective protection of human rights under international law. Drawing on a qualitative library research approach, the study examines the limitations of international courts and treaty bodies, the lack of binding enforcement mechanisms, issues of state sovereignty, and political selectivity in applying international standards. The findings suggest that although significant normative frameworks exist such as the Universal Declaration of Human Rights, the International Covenants, and regional human rights conventions their implementation is uneven and often undermined by geopolitical interests and weak institutional authority. This article contributes to ongoing debates by emphasizing the need for stronger compliance mechanisms, improved state accountability, and enhanced cooperation between international institutions and domestic legal systems. Ultimately, addressing enforcement gaps is essential for the realization of human rights as universal and justiciable standards.]]>
<![CDATA[Transforming Soft Law Into Binding Commitments in International Human Rights ]]>
<![CDATA[Muh Habibulloh]]>;
<![CDATA[Hawwin Muzakki]]>;
<![CDATA[Habiburrohman]]>;
<![CDATA[Yuli Umro'atin]]>
<![CDATA[ International Journal of Law Vol. 1 No. 1 (2025): Vol 1 No 1 June 2025 ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v1i1.53
<![CDATA[This article explores the evolving role of soft law in the international human rights framework and analyzes how it can be transformed into binding legal commitments. Soft law non-binding declarations, resolutions, and guidelines plays a pivotal role in norm-setting and influencing state behavior despite its lack of formal enforceability. Through a qualitative doctrinal approach, this study examines historical precedents, mechanisms of norm internalization, and case studies where soft law has contributed to the development of customary international law or informed treaty-making. The discussion focuses on instruments such as the Universal Declaration of Human Rights (UDHR), the UN Guiding Principles on Business and Human Rights, and the Yogyakarta Principles. The findings reveal that political pressure, judicial interpretation, and multilateral consensus are essential pathways in elevating soft law norms to hard law status. The paper concludes that while soft law cannot fully substitute binding treaties, its strategic use significantly contributes to the progressive development of international human rights law and may serve as a bridge toward universal and enforceable norms.]]>
<![CDATA[Ethical Objectives of Shariah and Their Impact on Contemporary Islamic Law ]]>
<![CDATA[M. Munif]]>;
<![CDATA[Mochammmad Syafiuddin Shobirin]]>
<![CDATA[ International Journal of Law Vol. 1 No. 1 (2025): Vol 1 No 1 June 2025 ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v1i1.54
<![CDATA[This article examines the role of maqāṣid al-sharī‘ah (the higher objectives of Islamic law) in shaping contemporary Islamic legal thought and practice. As Muslim societies navigate modern challenges such as governance, human rights, economics, and pluralism, the ethical framework provided by maqāṣid focusing on the protection of religion, life, intellect, lineage, and property offers a dynamic alternative to rigid textualism. Drawing on classical jurisprudential sources and contemporary scholarly developments, this study highlights how maqāṣid reasoning allows for more purposive, justice-oriented interpretations of Shariah. Through qualitative library research and case analysis, it is shown that maqāṣid-based approaches have influenced legislative reforms in several Muslim-majority countries, guided fatwas in minority Muslim contexts, and expanded the moral scope of Islamic law to address new ethical domains such as environmental responsibility and gender equity. While debates persist over methodological boundaries and interpretive authority, the study concludes that maqāṣid al-sharī‘ah provides an essential tool for aligning Islamic law with evolving societal needs while preserving its core ethical commitments.]]>
<![CDATA[Contemporary Developments in Islamic Law, Civil Law, Criminal Law and Administrative Law ]]>
<![CDATA[Mohammad Zakkii]]>;
<![CDATA[Sutrisno]]>
<![CDATA[ International Journal of Law Vol. 1 No. 1 (2025): Vol 1 No 1 June 2025 ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v1i1.55
<![CDATA[This paper explores contemporary developments in Islamic law in tandem with evolving transformations across civil, criminal, and administrative legal systems in Muslim-majority countries. As these nations navigate a complex interplay between traditional jurisprudence and the demands of modern governance, the harmonization of Islamic legal norms with constitutional law, international human rights standards, and administrative efficiency has become increasingly pertinent. The research employs a qualitative, library-based doctrinal methodology, drawing from classical texts, statutory reforms, judicial decisions, and scholarly interpretations. Countries such as Malaysia, Indonesia, Saudi Arabia, and Morocco serve as comparative models, each demonstrating unique pathways in integrating Islamic legal principles into national legal frameworks. The study reveals that the application of tools such as maqāṣid al-sharī‘ah (the higher objectives of Islamic law), ijtihād (independent reasoning), and maslahah (public interest) has enabled Islamic law to evolve without compromising its theological and moral foundations. While civil law reforms often address gender equity and personal status, criminal law reforms engage with codification and discretionary justice mechanisms. In administrative law, Islamic ethical values are increasingly embedded in governance practices, transparency norms, and anti-corruption efforts. Ultimately, the findings support the view that hybrid legal models grounded in Islamic ethics yet responsive to modern institutional frameworks represent a sustainable legal paradigm for Muslim societies in the 21st century.]]>
<![CDATA[A Contextual Approach to Contemporary Da'wah: Bridging Legal Education and Mathematics-Based Curriculum Development ]]>
<![CDATA[Nurhikmah]]>;
<![CDATA[Al Ayyubi, Ibnu Imam]]>;
<![CDATA[Fitriani, Namiyah]]>;
<![CDATA[Putra, Ari Limay Trisno]]>;
<![CDATA[Hidayatullah, M. Baihaki]]>
<![CDATA[ International Journal of Law Vol. 1 No. 2 (2025): Vol 1 No 2 December 2025 ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v1i2.56
<![CDATA[This study aims to examine the implementation of the contextual approach in the development of contemporary Islamic da'wah through legal education and the development of a mathematics education-based curriculum tailored to the needs of modern youth. Qualitative research methods were employed, using in-depth interviews, direct observation, and document analysis for data collection. The contextual approach was chosen for its ability to integrate Islamic values with legal principles and mathematical concepts such as patterns, logic, and regularity, so that da'wah becomes not only a spiritual tool but also an intellectual tool. Data were analyzed using thematic analysis to identify key themes relating to strategies, opportunities and challenges in applying this approach. The findings show that the application of the contextual approach to math-based da'wah in legal education enhances students' logical and practical understanding of Islamic values and legal principles. However, challenges faced such as limited teacher competence in integrating these areas and lack of relevant teaching materials were identified. This research provides practical recommendations for preachers, educators, and policy makers to support innovative, relevant, and sustainable da'wah strategies. Therefore, this research contributes to the development of effective da'wah methods.]]>
<![CDATA[Review of Sharia Economic Law: Determination of Murabahah Financing Margins at Kospin Jasa Syariah Kendal ]]>
<![CDATA[Savella Ajeng Kusumawardhani]]>;
<![CDATA[Akhmad Nurasikin]]>;
<![CDATA[Ubbadul Adzkiya’]]>
<![CDATA[ International Journal of Law Vol. 1 No. 2 (2025): Vol 1 No 2 December 2025 ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v1i2.151
<![CDATA[Kospin Jasa Syariah is one of the Islamic financial institutions that operates in accordance with sharia principles. However, one of the policies set, namely the determination of the amount of profit margin determined from the start with the flat rate method, is in accordance with sharia rules. The objectives of this study are (1) To determine the determination of profit margins in murabahah financing at Kospin Jasa Syariah Kendal. (2) To know the view of sharia economic law on the determination of profit margin in murabaha financing. The research method used is qualitative. This research is included in the type of field research (field research) with a qualitative research approach and data collection with interview techniques, documentation and direct observation.The results of this study are Determination of the profit margin for murabaha financing at Kospin Jasa Syariah Kendal with the provisions of profit margins such as determining the category of financing under 25 million with a margin of 15%, between 25 million and 250 million with a margin of 11.52%, 250 million and above with a margin of 10.72%, based on mutual agreement between both parties between Kospin and customers. The view of sharia economic law on the practice of determining profit margins in murabaha financing is permissible. This is in accordance with the DSN MUI fatwa NO 04/DSN-MUI/IV/2000, the Compilation of Sharia Economic Law and the regulations of Law No. 21 of 2008 Article 19 paragraph (1) concerning Islamic Banking.]]>
<![CDATA[The The Impact of Statute of Limitations on Efforts to Recover Corruption Assets and Public Perceptions of Justice ]]>
<![CDATA[anastasia, anastasia]]>;
<![CDATA[Sulistyanta, Sulistyanta]]>
<![CDATA[ International Journal of Law Vol. 2 No. 1 (2026): International Journal of Law ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v2i1.187
<![CDATA[Corruption eradication efforts in Indonesia not only focus on punishing offenders but also on restoring state financial losses through asset recovery. However, these efforts face numerous challenges, one of which is the existence of a statute of limitations under the Indonesian Criminal Code (KUHP), which also applies to corruption offenses. As an extraordinary crime that is often uncovered only years after its commission, the application of a statute of limitations creates a potential legal loophole that undermines the objectives of law enforcement itself. This study aims to analyze the juridical and sociological impacts of the statute of limitations in two crucial aspects: the effectiveness of corruption asset recovery and public perceptions of justice. This research employs a socio-legal methodology with a qualitative approach. Primary data were obtained from in-depth normative materials, including academic literature and insights from anti-corruption practitioners. Secondary data were collected from statutory and regulatory analysis, court decisions, scientific journals, and media reports related to corruption cases discontinued due to the statute of limitations. Data were analyzed descriptively and analytically to map the correlation between the statute of limitations, asset recovery failures, and public responses. The findings indicate that the statute of limitations significantly impedes asset recovery efforts, particularly in complex corruption cases involving money laundering and offshore asset concealment, which require lengthy investigative processes. The statutory time limit provides a semblance of legal certainty for perpetrators while hindering the state’s ability to pursue diverted assets. From a sociological perspective, the discontinuation of corruption cases due to the statute of limitations erodes public trust in the judicial system. The public perceives such outcomes as forms of impunity and injustice, whereby the law fails to address crimes that inflict substantial harm on public interests. This study recommends a review or even abolition of the statute of limitations for corruption offenses as a strategic measure to strengthen the anti-corruption regime, maximize state asset recovery, and restore societal perceptions of justice]]>
<![CDATA[Legal Analysis Of Cryptocurrency Asset Investments Under The Commodity Futures Trading Regulatory Framework In Indonesia ]]>
<![CDATA[Widianto Pamungkas, Dicky]]>;
<![CDATA[Suwadi, Pujiyono]]>
<![CDATA[ International Journal of Law Vol. 2 No. 1 (2026): International Journal of Law ]]>
Publisher : <![CDATA[Badan usaha Milik Desa Berkaho Pungpungan ]]>
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DOI: 10.64084/ijl.v2i1.191
<![CDATA[The landscape of cryptocurrency asset investments in Indonesia is currently challenged by regulatory uncertainty, conflicting directives among interrelated state institutions regarding digital assets, and weak protection against critical vulnerabilities such as the profound risk of malicious hacking. Addressing these core issues, this study evaluates the legal safeguarding and regulatory oversight of crypto asset investments within the Indonesian jurisdiction . Utilizing a normative juridical methodology based on a documentary study of primary, secondary, and tertiary legal materials, and analyzed qualitatively, the findings indicate that: Ministry of Trade Regulation No. 99 of 2018 regarding the General Policy for Crypto Asset Futures Trading, and Commodity Futures Trading Supervisory Agency (Bappebti) Regulation No. 5 of 2019 on Technical Provisions for the Physical Crypto Asset Market establish the primary legal foundation. Transactional validity in futures trading relies on Indonesian contract principles under the Burgerlijk Wetboek (BW) and its foundational doctrines. Furthermore, these digital transactions hold legality under Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE Law) due to their digital execution. Consequently, investors acquire juridical protection against cybercrime-induced detriments and civil damages originating from Unlawful Acts (Perbuatan Melawan Hukum/PMH), specifically fraudulent practices (bedrog). Bappebti’s surveillance mechanism, governed by Regulation No. 5 of 2019, addresses physical market traders, asset criteria, and reporting standards. However, while aligning with operational protocols, Bappebti's regulatory framework exhibits deficiencies in effectively mitigating the aforementioned systemic and cyber risks.]]>
