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Edi Kurniawan
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Jl. Jambi - Muara Bulian No. EE. 04, RT. 01, Desa Simpang Sungai Duren, Kec. Jambi Luar Kota, Kab. Muaro Jambi, Jambi, 36657, Indonesia.
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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 15 Documents
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War in Islamic Law and International Humanitarian Law: The Gaza Case 2023–2026 Ezzerouali, Souad; Sungay, Mohamed Hoosain
Islamic Law and Social Issues in Society Vol. 2 No. 1 (2026): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v2i1.27

Abstract

Scholarship on the interaction between Islamic law and international humanitarian law (IHL) has grown considerably, yet much of it remains confined to abstract doctrinal comparison and has yet to engage seriously with how these frameworks operate in real armed conflicts shaped by religious identity. This study addresses that lacuna through a focused examination of the 2023–2026 Gaza conflict, in which legal norms, religious identity, and military practice intersect. The analysis asks how the principles of distinction and proportionality are understood within fiqh al-jihād and IHL with respect to civilian protection, and how those interpretations shape application in asymmetric conflicts involving both state and non-state actors. Employing a qualitative, comparative, and socio-legal methodology, the study advances three principal findings. First, both legal traditions affirm an obligation to protect civilians through the principles of distinction, proportionality, and humanity, although they rest on distinct normative foundations. Second, divergences in practice arise less from doctrinal conflict than from political interest and the strategic deployment of legal narrative by the parties. Third, these dynamics sustain persistent gaps in civilian protection that are often entrenched by selective legal framing and weak accountability. Based on these findings, the study proposes a “Gaza Convergence Model” as a framework for more operational engagement between the two traditions. By aligning shared principles while acknowledging irreducible differences, the model seeks to strengthen both the legitimacy and the effectiveness of civilian protection in armed conflict. More broadly, the study argues for culturally grounded legal approaches and for sustained dialogue between religious and international legal orders.
Digital Khulʿ and Algorithmic Mediation in Indonesia’s e-Court: Redefining Female Agency in Islamic Family Law Muhtar, Amin; Pujiono; Fatahillah, Wilnan; Sani, Tajudeen; Abdulghani, Naser Ali
Islamic Law and Social Issues in Society Vol. 2 No. 1 (2026): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v2i1.28

Abstract

Indonesia’s e-Court, mandatory since Supreme Court Regulation (Perma) No. 7/2022, hosts the world’s largest digital khulʿ (wife-initiated divorce) infrastructure, yet how algorithmic mediation reshapes women’s agency under Islamic family law remains underexamined. Current research on khulʿ typically examines it from the perspectives of classical fiqh or procedural efficiency, neglecting women's legal consciousness and the design of the platform itself. This study asks how Indonesian women negotiate sharia agency within a digital system that classifies experience into algorithmic categories. It involves a qualitative case study based on semi-structured interviews with five Indonesian women who completed e-Court khulʿ filings (2022–2024), alongside an analysis of platform interfaces, Perma regulations, and the Muhammadiyah Tarjih Fatwa. The data are analyzed through post-structural feminism, legal consciousness theory, and algorithmic legalism, maqāṣid al-sharīʿah (the objectives of Islamic law). The findings highlight a concept of algorithmic-muʿāmalah (transactional Islamic law), where women’s agency is shaped by partial, contextual negotiations rather than full autonomy: they reinterpret algorithmic inputs into sharia-based justifications, use free-text fields to resist in a parodic way, and strategically time procedural steps. Mediation through the platform is neither entirely oppressive nor liberating. Outcomes stratify by digital literacy, access to female religious counsel (ʿālimāt), and post-filing economic exposure. The study contributes algorithmic-muʿāmalah as a new analytical category, repositions female agency from the courtroom to the platform interface, and proposes reforms rooted in maqāṣid: female muftī (Islamic jurist) oversight, context-detection for psychological harm (ḍarar nafsānī), legal cause (ʿillah), and platform-level research aligned with SDG 5 and SDG 16.
Reimagining Islamic Family Law through Climate Change: The Role of Sharia in Sustainable Household Ethics Liza, Fitri; Luhuringbudi, Teguh; Ali, AM Hasan; Alrumayh, Safa Husayn; Luhur, Mujhid Budi
Islamic Law and Social Issues in Society Vol. 2 No. 1 (2026): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v2i1.33

Abstract

This article reconstructs Islamic family law in response to the household-level consequences of global climate change, placing ecological resilience within the framework of maqāṣid al-sharīʿah (the higher objectives of Islamic law). It argues that the stability of the Muslim household (ṣulb al-usrah al-islāmiyyah) cannot be separated from the twin duties of istiʿmār al-arḍ (stewardship of the earth) and ḥifẓ al-bīʾah (protection of the environment). To develop that argument, the article draws together three analytical traditions: Jasser Auda’s maqāṣid al-sharīʿah Systems Theory, David Schlosberg’s Ecological Justice Theory, and Margaret Urban Walker’s Everyday Ethics Theory. The research is qualitative and descriptive, applying critical hermeneutics to classical works in uṣūl al-fiqh and fiqh al-usrah alongside contemporary scholarship on Islamic environmental ethics. The findings indicate that climate resilience within Islamic family law depends less on technological or economic adjustment than on the ethical resources already embedded in the sharīʿah value system. The novelty of the study lies in its repositioning of Islamic family law as a framework of micro-ethical governance, one that operationalizes ecological justice at the level of the home and connects classical juristic reasoning with the climate debates of the present.
Islamic Law, International Humanitarian Law, and Indonesia’s Diplomacy: A Constructivist Reading of Prabowo’s UNGA Speech on Gaza, 2025 Fuhaidah, Ulya; Wijaya, Roma
Islamic Law and Social Issues in Society Vol. 2 No. 1 (2026): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v2i1.43

Abstract

Studies on the normative overlap between Islamic law and International Humanitarian Law (IHL) have consistently shown how both traditions converge in their commitment to human dignity. What has received far less attention is how this convergence travels into the practice of state diplomacy and shapes the construction of foreign policy identity. This article takes up that question by reading President Prabowo Subianto’s 2025 address to the UN General Assembly as a diplomatic text through which the convergence between maqāṣid al-sharīʿah and IHL is articulated and publicly justified in Indonesia’s response to the Gaza crisis. The central argument is that Prabowo’s speech frames Indonesian foreign policy as value-based diplomacy anchored in Islamic ethics and in widely recognized humanitarian norms. Using qualitative content analysis within a constructivist framework, the study treats maqāṣid al-sharīʿah not only as an ethical doctrine but as a normative resource that informs identity construction and shapes diplomatic conduct. The analysis shows that Prabowo’s speech reflects an Indonesian foreign policy grounded in justice and humanity and draws the protection of life (ḥifẓ al-nafs), justice (ʿadl), and global solidarity into a single ethical vocabulary that projects Islamic values into modern diplomacy. Read together, these findings suggest that Indonesia’s diplomacy operates as a site of cross-civilizational moral articulation, linking Islamic ethics with universal humanitarian standards while contributing to a more inclusive and morally grounded diplomatic paradigm. The article thus contributes to constructivist international relations scholarship by showing how religious normative frameworks can serve as intersubjective sources of international norms that shape state identity and diplomatic behavior. On that basis, it proposes a value-based humanitarian diplomacy model that bridges Islamic ethics and contemporary humanitarian law in global political practice.
MUI’s Fatwa as Non-State Economic Regulation: Maqasid al-Shari'ah and the Political Economy of Productive-Asset Zakat in Indonesia Islami, Hayatul; Kurniawan, Cecep Soleh
Islamic Law and Social Issues in Society Vol. 2 No. 1 (2026): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v2i1.46

Abstract

Contemporary zakat studies have grown considerably, yet they rarely analyze fatwas as regulatory instruments that shape economic behavior in the absence of state enforcement. This article takes up that question through a socio-legal study of the 2024 fatwa of the Indonesian Ulama Council (Majelis Ulama Indonesia, MUI) on productive-asset zakat (al-mustaghallāt), issued under No. 05/Ijtima' Ulama/VIII/2024 at the MUI Fatwa Commission's Eighth National Ijtima'. Two questions guide the analysis: how does the fatwa's maqāṣid-based reasoning distinguish productive assets from their yields, and how does that distinction reshape middle-class asset management, MSME accounting, and national zakat governance? Drawing on qualitative content analysis of the fatwa text, classical fiqh sources, and interviews with drafting committee members, the article reports three findings. First, by anchoring the zakat obligation to income rather than to the underlying asset, the fatwa operationalizes ḥifẓ al-māl, al-namāʾ, maṣlaḥah, and tadāwul al-amwāl as a coherent economic rationale rather than as abstract objectives. Second, the ruling creates incentives for middle-class property owners and MSMEs to adopt sharīʿah-compliant income recording, which expands the administratively legible zakat base beyond traditionally captured wealth. Third, despite lacking statutory force, the fatwa produces fiscal effects comparable to state regulation through BAZNAS uptake and voluntary compliance among religiously motivated economic actors. These findings support a revised analytical framework in which non-state religious rulings are treated as active regulators within the political economy of Muslim-majority states, with direct implications for the design of complementary zakat policy, sharīʿah-based accounting standards for MSMEs, and comparative research on hybrid religious-state fiscal governance.

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