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Edi Kurniawan
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Islamic Law and Social Issues in Society
Published by Jambi Tuah Tengganai Foundation
ISSN : 31096344     EISSN : 31100147     DOI : https://doi.org/10.64929/ilsiis.v1i2
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Islamic Law and Social Issues in Society (ILSIIS) is an academic and peer-reviewed journal that focuses on in-depth studies of the interaction between Islamic law and contemporary social issues across Muslim and plural societies. The journal promotes empirical and applied Islamic legal studies, encouraging interdisciplinary perspectives that link jurisprudence with social, cultural, technological, and environmental developments. It aims to advance innovative, comparative, and interdisciplinary research that connects Islamic jurisprudence with real-world social change, positioning Sharia as a living and transformative system for addressing contemporary challenges in justice, economics, governance, sustainability, and human development.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
The Impact of Hudud Law Implementation on Emotional Regulation and Psychological Stability in Society Rahmadi, M. Agung; Al-Munawar, Said Agil Husin; Nasution, Helsa; Mawar, Luthfiah; Sihombing, Nurzahara; Lubis, Ismail Saleh
Islamic Law and Social Issues in Society Vol. 1 No. 1 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i1.7

Abstract

This study investigates the psychological effects of ḥudūd law implementation, focusing on emotional regulation and psychological stability to address a significant gap in the legal psychology literature. While most discourse on ḥudūd law centers on its social and political dimensions, its influence on mental well-being remains underexplored. Using Structural Equation Modeling (SEM), data were collected from 827 respondents across four countries - Saudi Arabia, Iran, Malaysia, and Indonesia - that differ in their enforcement of ḥudūd law. Instruments such as the Emotion Regulation Questionnaire (ERQ) and Psychological Stability Scale (PSS) were employed. The findings reveal strong, statistically significant relationships between perceptions of ḥudūd law and emotional regulation (β = 0.67, p < 0.001) as well as psychological stability (β = 0.58, p < 0.001). The SEM model demonstrates an excellent fit (CFI = 0.94, RMSEA = 0.047, TLI = 0.92), with emotional regulation identified as a key mediating factor (indirect effect = 0.38, p < 0.001). Multi-group analysis shows significant variations based on cultural background (χ² = 18.76, df = 4, p < 0.01) and religiosity (χ² = 22.34, df = 4, p < 0.001), underlining the role of sociocultural context. The study also highlights the moderating influence of procedural justice perceptions (β = 0.42, p < 0.01), which shape how individuals psychologically experience ḥudūd law. These results not only reinforce earlier findings by Al-Rodiman (2013) and Razif (2020) but also provide a counterpoint to Efendi et al. (2025), who emphasized negative outcomes. Ultimately, this research contributes to a nuanced understanding of how religious legal systems affect community mental health and offers insights for developing psychologically informed approaches to ḥudūd law policy.
Islamic Law and Customary Law in the Prohibition of Sogit Marriage in Sabah, Malaysia Alhusni; Mohmad Jeofrey, Siti Adibah Binti; M. Zaki
Islamic Law and Social Issues in Society Vol. 1 No. 1 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i1.8

Abstract

This study examines the interaction between Islamic law and customary law in the context of sogit marriage prohibitions among the Muslim Kadazandusun community in Ranau, Sabah, Malaysia, focusing on applying ʿurf within a framework of legal pluralism. Employing a socio-legal approach combined with empirical methods—including legal document analysis, in-depth interviews with customary and religious authorities, and direct observation—this research identifies eleven categories of marriages within the Adat Resam (AR) of Himbaan Village, analyzed through the Islamic legal concept of ʿurf (custom). The findings reveal a pattern of selective accommodation: AR 8 (polygamy) and AR 10 (marriage preceding that of an elder sibling) are classified as ʿurf ṣaḥīḥ (valid custom), whereas AR 1 (cousin marriage) and AR 11 (marriage with a relative of a former spouse) constitute ʿurf fāsid (invalid custom). Other prohibitions involving illicit sexual relations and familial disruption (AR 2–7) are excluded from ʿurf categorization, as they are explicitly prohibited in Islam. The sogit system, originally an animistic conflict-resolution mechanism involving blood sacrifice or monetary compensation, has evolved into a practice of social reconciliation aligned with the Islamic concept of iṣlāḥ. The Native Customary Law Enactment 1995 institutionalizes this negotiation process. This study contributes significantly to contemporary Islamic legal scholarship in Southeast Asia by demonstrating the flexible application of uṣūl al-fiqh principles, particularly ʿurf, in the pluralistic legal realities of a Muslim minority society. The model of selective integration illustrates how customary and Islamic legal systems may operate complementarily, provided they do not contradict sharīʿa, thereby enabling the preservation of cultural identity alongside religious obligations.
From Content Creators to Zakat Payers: The Fatwa of Indonesian Ulema Council and the Rise of Digital Fiqh Kurniawan, Edi; Ahmad, Humaira; Muhamad Zaenal Muttaqin
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.9

Abstract

This article examines the juridical transformation of digital content creators into zakat payers within the framework of contemporary Islamic law. The rapid expansion of Indonesia’s digital creative economy, with professions such as YouTubers and Instagram celebrities earning substantial yet fluctuating incomes, raises urgent questions regarding the applicability of classical zakat provisions to modern revenue models. Therefore, this article critically analyzes the Indonesian Ulema Council (MUI) Fatwa No. 1 of 2024 on Zakat for Digital Content Creators, issued during the 8th National Fatwa Commission Conference. Using a juridical-normative method combined with content analysis, this article examines fatwa texts, Qur’anic and hadith foundations, and both classical and contemporary fiqh perspectives, triangulated with recent literature on Islamic law in the digital economy. The findings demonstrate that the fatwa categorizes creators’ income as māl mustafād (acquired wealth) subject to zakat once it reaches the niṣāb equivalent of 85 grams of gold, with rates of 2.5% (lunar year) or 2.57% (solar year). Its flexibility in permitting zakat payment upon receipt of income, without waiting for a full ḥawl, reflects Islamic law’s responsiveness to irregular digital earnings. This article concludes that the fatwa not only regulates wealth redistribution (ḥifẓ al-māl) and reinforces ethical content production (ḥifẓ al-dīn), but also marks a significant step in the rise of digital fiqh. Its key contribution lies in proposing a practical zakat calculation model for multi-source digital income while highlighting taysīr (facilitation) and rafʿ al-ḥaraj (removal of hardship) as normative foundations for Shariah adaptation in the digital economy.
Sanctions and Legal Compliance in Marriage Registration: A Comparative Implementation of Islamic Family Law in Indonesia and Malaysia Fitra, Tasnim Rahman; Yusof, Noratinah Binti; M. Radiamoda, Anwar
Islamic Law and Social Issues in Society Vol. 1 No. 1 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i1.10

Abstract

Unregistered marriages remain challenging in implementing Islamic family law in Indonesia and Malaysia. This article aims to comparatively analyze sanction systems and legal compliance levels in marriage registration in Indonesia and Malaysia based on Islamic family law perspectives, identify factors influencing the effectiveness of legal sanctions, and integrate the maqāṣid al-sharī'ah approach with legal compliance theory to provide a new theoretical framework for understanding marriage registration. Using a juridical-normative approach with comparative methodology, this article analyzes Law Number 16 of 2019 in Indonesia and Act 303 Islamic Family Law (Federal Territories) 1984 in Malaysia. The article concludes that there is a correlation between sanction amounts and public compliance levels, where stricter sanctions in Malaysia (fines of RM1,000 and imprisonment of up to six months) prove more effective than nominal sanctions in Indonesia (Rp7,500). Significant differences are also identified in law enforcement mechanisms and the accessibility of marriage registration systems. The maqāṣid al-sharī'ah approach to marriage registration, which emphasizes the protection of fundamental values in Islam, proves capable of bridging the gap between traditional Islamic law and modern administrative needs. This article implies the importance of reformulating marriage registration policies in Indonesia, including restructuring sanctions and strengthening technology-based registration systems.
From Judicial Discretion to Maqasid al-Shari'ah Reasoning: The Case of Marriage Dispensation at the Muara Bulian Religious Court, Indonesia Kurniawan, Ardian; Muhammadromli Samae, Syarif Bin; Arbi, Hamida
Islamic Law and Social Issues in Society Vol. 1 No. 1 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i1.11

Abstract

This article discusses the application of judicial discretion in marriage dispensation of Decision Number 106/PDT.P/2023/PA.MBL at the Muara Bulian Religious Court based on the perspective of maqāṣid al-sharīʻah. Amid increasing legislative efforts to protect children by raising the minimum marriage age, judicial discretion has become a determining factor in granting or rejecting marriage dispensation applications. Thus, this article aims to analyze how judges interpret and apply the concept of “urgent reasons” in cases involving a 14-year-old prospective bride, explore how judges incorporate principles of maqāṣid al-sharīʻah, particularly the balance between the preservation of lineage (ḥifẓ al-nasl) and the protection of life and intellect (ḥifẓ al-nafs and ḥifẓ al-ʻaql), in their legal considerations, and assess the gap between formal child protection standards and their practical implementation within the religious court system. By using a qualitative research approach with legal document analysis, this article finds that judicial discretion in this case involves an expansive interpretation of “urgent reasons” based on premarital sexual relations, a narrow focus on ḥifẓ al-nasl rather than a holistic assessment of the child's best interests, and significant discrepancies between formal protections and their practical application. These findings highlight a fundamental tension between a preventive approach toward premarital sexual relations and the long-term protection of children's rights within the framework of contemporary maqāṣid al-sharī'ah. This article contributes to a better understanding of the complexities of judicial discretion in child marriage cases and offers insights for improving legal reasoning standards to prioritize child protection in Indonesia.
The Impact of the US-China Trade War on the Application of Islamic Law in Indonesia Luhuringbudi, Teguh; Fatahillah, Wilnan; Muhtar, Amin; Masuwd, Mowafg Abrahem; Alrumayh, Safa Husayn
Islamic Law and Social Issues in Society Vol. 1 No. 1 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i1.12

Abstract

The main issue addressed in this research is the impact of the US-China trade war on the application of Islamic law in Indonesia, particularly from the perspectives of Jināyah, Aḥwāl al-Shakhṣiyyah, and Islamic Economic Law. This study aims to understand how Islamic law can provide a relevant framework for addressing this trade conflict's social and economic challenges. The methods employed include qualitative analysis, with data obtained through literature studies and observations of social phenomena within the community. The research findings indicate that the trade war has triggered an increase in economic crimes and disrupted social family structures, while highlighting the importance of applying Sharia principles to mitigate these negative impacts. The limitations of this study lie in the lack of in-depth quantitative data and the representation of the perspectives of all involved stakeholders. However, this research offers novelty by integrating legal theories of Islam within the context of a dynamic global economy, as well as providing practical, Sharia-based alternative solutions. Further research is recommended to utilize quantitative approaches and surveys to explore broader community perspectives. By involving various societal elements, a more holistic view of the impact of this trade war is expected, leading to more effective and sustainable policy strategies. This study significantly contributes to the development of Islamic law studies by addressing contemporary challenges faced by Indonesian society within a global context.
Legal Harmonization of Child Protection in Human Trafficking: A Comparative Study of Indonesian Positive Law and Islamic Law M. Yusuf; Devrian Ali Putra; Rizka Sari Putri; Muhammad Beni Saputra; Daffa Khari Syafiqi
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.14

Abstract

This study analyzes the legal protection of child victims of human trafficking through a comparative examination of Indonesian positive law and Islamic law, with specific reference to the Jambi District Court Decision Number 566/Pid.Sus/2023/PN.JMB. The judgment in this case prioritized the punishment of the perpetrator while neglecting the crucial aspect of victim recovery. In response, the study proposes a model of legal harmonization, arguing that the integration of Islamic legal values into positive law has the potential to create a more comprehensive child protection system that is better aligned with Indonesia’s socio-cultural realities. The research employs a normative juridical approach, using comparative and case study methods, and draws upon statutory provisions, judicial decisions, Islamic legal literature, and relevant scholarly works. The findings demonstrate that both Indonesian positive law and Islamic law recognize child trafficking as a grave offence; however, positive law tends to emphasize punitive sanctions, while Islamic law highlights spiritual dimensions and community responsibility in addressing exploitation. The key differences lie in philosophical underpinnings, the flexibility of sanctions, and the treatment of victim recovery, with positive law adopting a legal-formal stance and Islamic law stressing holistic, community-based rehabilitation. The study concludes that harmonization between the two systems can strengthen prevention, rehabilitation, and protection mechanisms, producing a more equitable and culturally grounded framework. This study contributes to proposing an integrative model that combines the procedural certainty of positive law with the ethical and spiritual depth of Islamic law, consistent with the spirit of Pancasila and advancing the global discourse on culturally responsive child protection.
The 2025 IUMS Fatwa on Israeli Aggression in Gaza: Examining the Muslim-Majority Countries’ Foreign Policy through Maqasid al-Shari'a and Political Realism Abubakar, Ismail Yau; Mohammed Milad, Ashraf Jomah; Abubakar Muhammad Babayya; Rida Luthfiana Wakhidah
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.21

Abstract

This article examines the gap between Islamic legal norms and the foreign policy practices of Muslim-majority countries by analyzing the case of the International Union of Muslim Scholars (IUMS) fatwa regarding Israeli aggression in Gaza in 2025. The fatwa sets forth fifteen directives, including calls for jihād, a total boycott, the cessation of normalization with Israel, and the formation of a military alliance among Muslim-majority countries. In practice, however, most Muslim-majority countries—such as the UAE, Qatar, Saudi Arabia, Egypt, Morocco, and Turkey—continue to maintain diplomatic and economic relations with Israel and its allies. Therefore, this article investigates why the 2025 IUMS fatwa, as a representation of Islamic legal ideals within the framework of maqāṣid al-sharīʿa, has had only limited influence on the foreign policy responses of Muslim-majority countries, which are largely shaped by the principles of political realism. The research employs a qualitative approach, utilizing content analysis of the fatwa text and comparative policy analysis of the foreign policies of those Muslim-majority countries, focusing on diplomatic, economic, and security-related responses based on official statements, agreements, and documented actions. The findings demonstrate that geopolitical, security, and economic considerations are more dominant than commitment to Islamic legal principles, thereby explaining the weak influence of the fatwa on Muslim-majority countries’ policies. The implications of this research affirm the necessity of an integrative approach that connects Islamic legal norms with international political realities, so that strategic fatwas do not remain merely within the moral-normative realm but can be operationalized into realistic and effective foreign policies.
Ecological Justice in Islamic Family Law: Integrating Maqasid al-Shari'ah with Environmental Ethics in Post-Pandemic Societies Wahyudi, Bambang; Nabilah binti Yusof; Rahmatul Fadhil; Dody Sulistio; Achmad Yani
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.24

Abstract

This study addresses a critical gap in Islamic legal discourse: the marginalization of ecological justice (ʻadālat al-bīʻah) within Islamic family law, despite the family’s central role in shaping consumption, education, and environmental ethics. The post-pandemic era has intensified this urgency, as lockdowns revealed both heightened household waste and increased dependence on local ecosystems, prompting a reevaluation of domestic responsibility under sharī‘ah. Drawing on Jasser Auda’s maqāṣid al-sharīʻah, Robert D. Bullard’s environmental justice theory, and Donna Haraway’s ethics of care, this research develops fiqh al-istiqlāl al-bīʻī—a jurisprudence of ecological autonomy rooted in the family. Using qualitative-descriptive methods, primary sources include MUI fatwas (41/2014, 04/2014), national environmental reports, and policy documents, analyzed through textual and contextual frameworks. Findings show that ḥifẓ al-bī’ah must be recognized as a sixth maqṣad (maqṣad sādis), as ecological degradation now directly threatens ḥifẓ al-nafs, al-nasl, and al-māl. Marginalized families in mining regions like Bangka Belitung and Kalimantan exemplify ḍarar majmū‘ - cumulative harm from environmental injustice and juristic neglect. The pandemic underscored the fragility of supply chains and overconsumption, offering a transformative lesson: the bayt (household) must become a khalīfah fī al-bayt, a stewardship unit grounded in zuhd and iḥsān. This integration positions the Muslim family not merely as a legal entity but as an agent of systemic change. While limited to Indonesian data, the framework invites cross-national application. Future research should explore ecological waqf and green marriage contracts as legal instruments. Ultimately, reforming Islamic family law into a vehicle for ecological justice is no longer optional but a normative imperative in the Anthropocene.
Digital Nikah and Smart Contracts: Legal Reconstruction of Islamic Marriage in the Blockchain Era Gunawan, Tri; Muchimah; Dewi Nita Utami; Panggih Abdiguno; Abdulnasir Dhaw Alsayd
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.25

Abstract

The digital era is transforming the institution of marriage, as online ceremonies without official registration create an urgent legal crisis involving fasād al-nasab (distortion of lineage), violations of women’s rights, and a lack of legal certainty. This paper aims to reconstruct Islamic marriage law by integrating blockchain-based smart contracts, assessing the validity of al-‘aqd al-raqmī (digital contract) through the lenses of fiqh al-mu‘āmalāt, legal pluralism, and smart legal contract theory. Employing a qualitative-descriptive methodology, primary data were drawn from Islamic legal texts, fatwas, state regulations, and blockchain technical documentation—collected via literature review and document analysis from authoritative sources such as Tarjih Muhammadiyah fatwas, Patricia Pixie (2024), and Blockchain Council reports (2024). Data were analyzed using a tri-theoretical framework—Wahbah al-Zuhaili’s transactional jurisprudence, Sally Falk Moore’s theory of legal pluralism, and Kevin Werbach’s smart legal contract theory—synthesized within the concept of tadākhul al-anṣāṭ al-qānūniyyah (overlapping legal systems). Findings indicate that digital marriage can be ṣaḥīḥ (valid) under Islamic law if it fulfills shurūṭ al-ṣiḥḥah (conditions of validity), and that blockchain can serve as a sijill al-‘adl (register of justice) due to its immutability (lā yuqbal al-ta‘dīl); however, without state recognition, such unions remain ghayr saḥīḥ qānūniyyan (legally invalid). Limitations include reliance on secondary data and the absence of standardized sharī‘ah-compliant digital identity protocols. Future research should pilot-test this model and examine al-mas’ūliyyah al-shar‘iyyah (Islamic legal liability) in cases of coding errors.

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