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Muwafaqat: Journal of Islamic Law
Published by Cv. Kayaswara
ISSN : -     EISSN : 3109886X     DOI : https://doi.org/10.65097/muwafaqat
Core Subject : Religion, Economy, Humanities,
Religion Humanities Economics, Econometrics & Finance
Muwafaqat: Journal of Islamic Law (E-ISSN 3109-886X) is a high-quality open access peer-reviewed research journal published by Cv. Kayaswara in collaboration with collaboration with the Center for Research and Community Service, Indonesia. Aiming to communicate original research and relevant current issues, this journal regularly publishes articles and research reports twice a year every June and December. Focusing on the issue of Contemporary Islamic Law practice studies in Indonesia with a multidisciplinary approach. This journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic law, within the framework of Indonesian law studies in a global context. However, the novelty and novelty of the issue are priorities in publishing. This journal warmly welcomes contributions from scholars with related disciplines. However, the novelty and novelty of the issue are priorities in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
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Regulating The Metaverse: Sharia Compliance, Digital Assets, And The Evolution Of Islamic Economic Law In Indonesia Muhammad Iman Kurniawan; Mohamad Gally Tawakal; Dewi Sri Astuti; Ahsanul Mufid
Muwafaqat: Journal of Islamic Law Vol. 2 No. 1 (2026): Muwafaqat: Journal of Islamic Law
Publisher : Cv. Kayaswara, Indonesia

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Abstract

Purpose of the study: This study aims to identify doctrinal, regulatory, and institutional gaps hindering Sharia-compliant metaverse governance in Indonesia and to propose an integrative framework based on maqasid al-shariah for digital-asset oversight post-OJK transfer. Methodology: This study employs a Systematic Literature Review (SLR) following the PRISMA 2020 protocol. It synthesizes 42 publications indexed in Scopus and SINTA (2015–2025) using thematic analysis. No software or surveys were applied; the review relies on qualitative document synthesis of peer-reviewed articles and regulatory texts. Main Findings: Three persistent tensions are identified: doctrinal ambiguity on virtual assets' legal status (mal), fragmented multi-regulator governance, and limited DSN-MUI fatwa responsiveness to virtual transactions. These gaps obstruct Sharia-compliant metaverse development, necessitating a tripartite framework integrating fiqh muamalah, prudential regulation, and Sharia-by-design technology. Novelty/Originality: This study offers the first systematic integration of maqasid al-shariah with post-transfer Indonesian digital-asset governance, bridging fiqh muamalah, prudential regulation, and technology design. It advances Islamic economic law by presenting a concrete, context-specific framework for metaverse compliance, addressing regulatory fragmentation and doctrinal uncertainty uniquely.
Equality Before the Law Against Police Officers Perpetrating Violence Against Children in the Tual Incident Breavento Rahma Yudha; Subadi; Meirza Aulia Chairani
Muwafaqat: Journal of Islamic Law Vol. 2 No. 1 (2026): Muwafaqat: Journal of Islamic Law
Publisher : Cv. Kayaswara, Indonesia

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Abstract

Purpose of the study: This study analyses the implementation of equality before the law toward police officers who committed violence against children in the Tual incident and formulates the ideal model of criminal liability for such officers. Methodology: The study employs normative legal research using statutory and conceptual approaches, examining the 1945 Constitution, Law No. 1 of 2023 on the Criminal Code, Law No. 2 of 2002 on the Indonesian National Police, Law No. 35 of 2014 on Child Protection, and Law No. 39 of 1999 on Human Rights, analysed descriptively and qualitatively. Main Findings: Equality before the law has not been optimally realised, owing to entrenched esprit de corps, weak internal and external oversight, conflicts of interest arising from institutional self-investigation, and asymmetric power relations within the law-enforcement system. Ideal criminal liability must be independent, transparent, and accountable. Novelty/Originality of this study: This study situates equality before the law at the intersection of child protection, human rights, and the criminal accountability of state officials. It advances existing knowledge by offering a concrete model of liability that integrates criminal and ethical sanctions, independent external oversight, and institutional reform oriented toward the best interests of the child, addressing persistent preferential treatment in Indonesian law-enforcement practice
Productive-Asset Zakat in Indonesia’s Political Economy: A Maqāṣid-Based Framework for Sustainable Empowerment Bayu Arief Mahendra; Afrida Yanis; Bahruddin Zaini; Nor Salam; Ahsanul Mufid
Muwafaqat: Journal of Islamic Law Vol. 2 No. 1 (2026): Muwafaqat: Journal of Islamic Law
Publisher : Cv. Kayaswara, Indonesia

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Abstract

This study employs a qualitative, descriptive-interpretive research approach to explore and understand how productive-asset zakat operates as an instrument of sustainable economic empowerment within the political economy of zakat governance in Indonesia. The research is motivated by the persistent gap between the normative ideal of zakat as a transformative welfare mechanism and its actual institutional implementation, particularly regarding the transition from consumptive distribution to productive-asset schemes, the regulatory centralisation that followed Law No. 23 of 2011, and the contested authority between the National Zakat Agency (BAZNAS) and private zakat institutions (LAZ). Data were collected through in-depth interviews with zakat managers (amil) and beneficiaries (mustahik), participant observation of empowerment programmes, and document analysis of regulations, annual reports, and programme records, with informants selected through purposive sampling. The analysis followed the Miles and Huberman interactive model of data condensation, data display, and conclusion drawing, with credibility ensured through source and method triangulation, member checking, and prolonged engagement. Findings are interpreted through a maqāṣid al-sharīʿah framework, which articulates the preservation of religion, life, intellect, lineage, and wealth (al-ḍarūriyyāt al-khams). The study finds that productive-asset zakat contributes positively to mustahik income, capability, and dignity, yet its optimal impact is constrained by asset-heavy disbursement detached from sustained mentoring, weak post-assistance monitoring, regulatory tension, and uneven institutional capacity. The study concludes that a maqāṣid-based framework reframes productive-asset zakat from short-term asset transfer toward sustainable empowerment, offering both a theoretical contribution to Islamic social finance and practical guidance for governance reform.
Legal Analysis of the Termination of Prosecution Based on Restorative Justice in the Indonesian Criminal Justice System Alfi Izza Haryansyah; Sarjiyati; Meirza Aulia Chairani
Muwafaqat: Journal of Islamic Law Vol. 2 No. 1 (2026): Muwafaqat: Journal of Islamic Law
Publisher : Cv. Kayaswara, Indonesia

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Abstract

Purpose of the study: The legal regulation of termination of prosecution based on restorative justice, the position and authority of the Prosecutor's Office in exercising that authority, and the conformity of the policy with the theories and purposes of punishment in Indonesian criminal law. Methodology: The study employs normative legal research using a statutory approach and a conceptual approach. Primary, secondary, and tertiary legal materials were collected through library research and analysed qualitatively with deductive reasoning. Main Findings: The regulation of termination of prosecution based on restorative justice is layered: its legitimacy is drawn from the opportunity principle in Article 30B of Law No. 11 of 2021, while operational norms are contained in Prosecutor's Regulation No. 15 of 2020 and Attorney General's Regulation No. 8 of 2021, both policy regulations (beleidsregel) outside the hierarchy of legislation under Law No. 12 of 2011. The Prosecutor's Office exercises authority as dominus litis through a tiered mechanism bounded by cumulative formal and material requirements. The policy is coherent with relative and integrative theories of punishment and with the purposes of punishment adopted in the new Criminal Code, though it cannot be justified through absolute theory. Novelty/Originality of this study: This study situates restorative-justice-based prosecution termination at the intersection of prosecutorial discretion, criminal law theory, and regulatory hierarchy in Indonesia. It advances existing knowledge by exposing the formal fragility of a substantively justified practice and offering concrete recommendations for statutory anchoring in the forthcoming Criminal Procedure Code, uniform assessment parameters, an objection mechanism for the parties, and external oversight, addressing persistent legal uncertainty in Indonesian criminal justice reform.

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