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International Journal of Sharia and Law Qiyam Islamic Studies Center Foundation Dr. Ak. Gani Street No. 01 Housing Dusun Curup Estate Curup Rejang Lebong Bengkulu-Indonesia 39119
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International Journal of Sharia and Law
Published by Qiyam Islamic Studies Center Foundation
ISSN : -     EISSN : 3110181X     DOI : 10.65211
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
International Journal of Sharia and Law is an international journal that publishes peer-reviewed articles for the worldwide community. Papers written collaboratively by researchers from different countries are encouraged. The journal aims to promote academic exchange and enhance collaboration among scientists, engineers, and researchers to develop and deepen the understanding of law, both from the perspective of legal norms (normative law) and the perspective of legal practice in society (empirical law). In addition, the research results are expected to assist in solving legal problems and making more informed legal decisions. International Journal of Sharia and Law is an academic journal published by Qiyam Islamic Studies Center Foundation, and in partnership with Asosiasi Dosen Hukum Keluarga Islam (ADHKI). This journal publishes two issues per year, in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Sadd al-Dzari'ah's Strategy in Maintaining Social Integrity and Sharia of Muslim Minorities amid Religious Plurality in North Sulawesi Nasruddin Yusuf; Ridwan Jamal; Nik Abdul Rahim Nik Abdul Ghani
International Journal of Sharia and Law Vol. 1 No. 1 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/5kmt6h04

Abstract

The Muslim minority in North Sulawesi (Indonesia) has its challenges in maintaining Islamic Sharia values amid the dominance of the majority's culture and religious practices. The incompatibility between Sharia values and social reality can cause a shift in the material truth of Islamic teachings. Promiscuity, a culture of liquor consumption, free non-halal food and drinks, and the prevalence of interfaith marriages are clear evidence of the heavy influence of the majority environment on minority Muslims. This study aims to explore how the concept of sadd al-dzari'ah is used by Muslim minorities in North Sulawesi as an alternative approach in maintaining religious identity. This study uses a qualitative approach with field study methods through interviews and observations of religious leaders, educators, and Muslim communities in minority areas. The analysis is carried out with the perspective of sadd al-dzari'ah as a preventive principle in Islamic legal methodology that aims to close the doors of harm.  The findings of the study show that there are protection efforts (sadd al-dzari'ah) that are naturally built from the Muslim minority, in the form of awareness of forming communities so that religious rules and traditions become freely practiced, creating protection for halal consumption models, and strengthening family orientation and religious education. This protective effort (sadd dzariah) has proven to be more effective in maintaining the values of minority Muslim communities than relying entirely on the principle of maslahah, which is very compromising. Efforts to protect through sadd dzariah have been able to maintain the maqashid sharia concretely, especially in the maintenance of religion (hifzh al-din) and heredity (hifzh al-nasl), as well as maintaining harmony between religious communities (hifdz al-nafs). This research can recommend a disparity model to strengthen the role of religious leaders and Islamic educators in implementing Sharia preventive strategies that are adaptive to the context of a pluralistic society.
The Meaning of Tolerance in Quranic Translation: Addressing the Challenge of Islamophobia in the Western World Vasco Fronzoni
International Journal of Sharia and Law Vol. 1 No. 2 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v1i2.2

Abstract

This article discusses the complexities of translating the Qur’an and the importance of accurately conveying core Islamic principles like Tolerance and Freedom of belief. The research aims to highlight the unique challenges of translating the Qur’an into languages other than Arabic due to its divine nature of the Revelation and linguistic intricacies. It also seeks to correctly define and explain the Islamic principles of Tolerance and Freedom of belief, especially for non-Arabic-speaking and non-Muslim people, emphasizing their relevance for Social inclusion and combating social tensions in European societies. For the methodology, the article examines the theological and linguistic difficulties of Quranic translation, analysing the concept of Tolerance within Islamic tradition, linking it to the Maqāṣid al-Sharīʿa. The study further explores specific Quranic verses and aḥādith to illustrate Islamic teachings on patience, understanding, non-compulsion in faith, and the inherent human right to diverse opinions and peaceful coexistence. Regarding the findings, the article illustrate that translating the Qur’an presents significant challenges, including rhetorical figures and the theological dilemma of altering Divine speech. However, viewing translations as commentaries helps overcome these issues and allow dissemination of Divine teachings. Islam explicitly promotes Tolerance and Freedom of belief, emphasizing patience, understanding, and the acceptance of human diversity. While advocating for “promoting good and preventing evil”, Islam prohibits imposing beliefs through force, useful for dealing with the problems of tension and intolerance, often present in Europe. In the conclusions, the research argue that starting from the principle that the Qur’an clearly states that there is no compulsion in religion, it must be underlined that Islam is fundamentally a Religion of Tolerance and Respect, providing ample space for Freedom of Expression and Belief. Clarifying this concept is essential to overcome the difficulties of Muslim communities living in Europe and Italy, with reference to the critical issues of radicalization, Islamophobia and social inclusion.
Mass Surveillance and the Maqasid al-Shari‘ah: Balancing Security and Human Rights in Contemporary Islamic Discourse Abdulsatar Shaker Salman
International Journal of Sharia and Law Vol. 1 No. 1 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/pxw09065

Abstract

The integration of mass surveillance technologies across Muslim-majority states has introduced complex tensions between state security and Islamic principles of justice, dignity, and personal liberty. While traditional Islamic legal principles emphasize both collective welfare and individual rights, the advent of AI-driven monitoring and predictive surveillance raises ethical concerns within the framework of the Maqasid al-Shari‘ah. This paper aims to examines the intersection between surveillance technologies and the higher objectives of Islamic law (maqasid), particularly how Islamic ethics, legal doctrine, and human dignity can be reconciled with modern demands for state surveillance. Using a doctrinal legal approach, this study evaluates primary Islamic legal sources (Qur’an, Sunnah, and fiqh traditions), contemporary fatwas, and policy frameworks from OIC states. It combines empirical datasets on surveillance practices with theological interpretation of maqasid elements—such as hifz al-nafs (preservation of life), hifz al-din (religion), hifz al-‘aql (intellect), and hifz al-‘ird (dignity). Comparative statistical models also assess correlations between Shariah-based oversight structures and privacy violations. States incorporating Shariah-based principles of maslahah (public interest) and amanah (trust) into surveillance regulation exhibit 30–35% fewer reported privacy infringements. Oversight mechanisms rooted in Islamic values—such as hisbah and shura councils—correlate with lower Surveillance-to-Privacy Ratios (SPR), especially in cases with short data retention and ethical limitations on data use. Statistical modeling confirms that maqasid-centric regulatory approaches yield reductions in public grievances and constitutional challenges to surveillance law. Integrating Maqasid al-Shari‘ah into regulatory surveillance frameworks provides a viable path for Islamic societies to harmonize national security with the sanctity of personal liberty and dignity. Future frameworks must prioritize Islamic values of transparency (as-shaffafiyyah), accountability (al-mas'uliyyah), and social justice (‘adl), thereby ensuring that security measures do not contravene foundational ethical and legal norms.
From Qiyas to Quantification: Reimagining Evidentiary Standards in Islamic Law through Statistical Methodologies Mahmood Jawad Abu-AlShaeer
International Journal of Sharia and Law Vol. 1 No. 1 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ybkj5j81

Abstract

Islamic jurisprudence traditionally relies on textual interpretation, analogical reasoning (qiyās), and scholarly consensus to derive legal judgments. However, in contemporary legal systems, particularly in domains such as forensic science, financial litigation, and family law, the need for empirical and objective evidentiary standards is increasing. This necessitates a reconsideration of classical epistemological tools in Islamic law. This article aims to explore how statistical reasoning and probabilistic inference can serve to modernize and complement traditional Islamic evidentiary principles. It aims to identify whether these tools can offer a more precise, replicable, and just framework without compromising the ethical integrity of Shariʿah. A doctrinal and comparative analysis was conducted, incorporating classical legal maxims and statistical inference models. Empirical case studies from Islamic courts and hybrid legal systems were evaluated alongside predictive models such as Bayesian probability, error rate thresholds, and likelihood ratios. The methodology also utilized textual hermeneutics to explore maqāṣid al-Sharīʿah compliance. Integration of statistical inference mechanisms—particularly in the domain of hudūd, tazīr, and personal status cases—indicates a measurable enhancement in judicial consistency and reduction in evidentiary ambiguity. Courts that applied forensic and data-driven models exhibited lower reversal rates and increased public confidence, while remaining compliant with foundational Sharīʿah values when guided by juristic oversight. Incorporating statistical methodologies into Islamic legal procedures does not replace traditional methods but rather reinforces them with quantifiable validity. This evolution can provide a coherent framework for contemporary challenges while remaining aligned with the core objectives of justice, fairness, and social welfare as enshrined in Islamic jurisprudence.
The Impact of Islamic International Law on Contemporary Global Conflicts Aftab Haider
International Journal of Sharia and Law Vol. 1 No. 1 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/8qn5xb52

Abstract

The integration of Islamic International Law (IIL) with modern global legal systems presents significant challenges, particularly in addressing issues of sovereignty, human rights, and conflict resolution. As global conflicts and international relations evolve, there is a need for legal frameworks that incorporate diverse traditions, including IIL, to ensure justice, fairness, and peace. This article highlights the growing relevance of IIL, exploring its potential role in addressing contemporary global challenges such as climate change, economic justice, and conflict resolution. The objectives of this study are to examine the historical foundations of IIL, assess its current relevance, and explore the possibilities for harmonizing IIL with modern international legal norms. Despite its historical influence, IIL remains underexplored in addressing global challenges, particularly in the context of international treaties, human rights, and the evolving global order. The methodology employs a comparative analysis of IIL principles with contemporary international law, supported by case studies like the Iran Nuclear Deal and Saudi Arabia's intervention in Yemen. The findings indicate that Islamic International Law (IIL) significantly shapes the dynamics of contemporary global conflicts by providing alternative frameworks for conflict resolution, promoting justice-oriented diplomatic practices, and influencing the legal approaches of Muslim-majority states in issues such as humanitarian intervention, human rights, and treaty negotiations. The implications of this study advocate for greater dialogue between Islamic legal traditions and global legal systems, suggesting that a balanced approach could enhance global governance and provide practical solutions for issues such as peace-building, climate action, and human rights protection.
Analysis of the Urgency of Sharia Fatwas on Zakat Management for Renewable Energy An Islamic Political Perspective in the Context of the Climate Crisis Ahmad Alimuddin; Islamul Haq; Zulfahmi AR
International Journal of Sharia and Law Vol. 1 No. 1 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/bn8a7351

Abstract

This study aims to analyze the role and urgency of sharia fatwas in legitimizing and operationalizing zakat as a financing instrument for renewable energy projects, viewed through Islamic political thought in the context of the global climate crisis. Employing a qualitative approach, the research utilizes document analysis of fatwas (e.g., MUI Fatwa No. 15/2017 and Malaysian zakat fatwas), interviews with representatives from zakat institutions (Baznas and State Zakat Centers), and case studies of renewable energy projects in Indonesia and Malaysia. The findings reveal that sharia fatwas provide robust legal legitimacy for channeling zakat into green projects like solar power plants (PLTS) and biomass initiatives, aligning with maqasid sharia’s hifzhul bi’ah (environmental preservation) and supporting global climate goals, such as the 2050 net-zero emissions target. Despite challenges like low sharia literacy and limited fund scales, zakat demonstrates significant potential to support Sustainable Development Goals (SDGs) 7 and 13, fostering socio-economic benefits for mustahik through clean energy access and green job creation. The study concludes that sharia fatwas and green zakat serve as innovative tools to bridge Islamic values with global environmental policies, enhancing sustainability. Academically, it contributes by developing the concept of green zakat, filling a literature gap in integrating zakat with renewable energy financing, and offering a framework for aligning sharia-based finance with sustainable development.
Settlement of Sharia Economic Disputes through the Al-Shulhu Approach: A Case Study of Default in Murabahah Contracts in Indonesia Muhammad Said; Islamul Haq; Zulfahmi AR
International Journal of Sharia and Law Vol. 2 No. 1 (2026): In Press
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v2i1.9

Abstract

This study aims to examine the effectiveness of the al-shulhu approach in resolving Islamic economic disputes, particularly in cases of breach of murabahah contracts in Indonesia. Employing a qualitative approach with a library research design, this study collects data from academic journals, books, and regulations such as DSN-MUI fatwas through qualitative content analysis. Source selection was based on criteria of relevance to the topic, recency of publication (focusing on the 2020–2025 range). The findings indicate that al-shulhu, rooted in the principle of sulh in the Qur’an (Surah An-Nisa: 128), is an effective dispute resolution mechanism as it emphasizes justice (al-‘adl), honesty (as-sidq), and mutual consent (ridhā). This approach enables solutions such as financing restructuring or penalty reductions without violating sharia principles, while maintaining social harmony between Islamic banks and clients. However, the application of al-shulhu faces challenges, including the lack of a clear legal framework, inconsistent implementation across institutions, and a shortage of competent mediators with expertise in Islamic law. This study contributes to academic discourse by bridging classical Islamic legal theory with modern dispute resolution practices and provides practical recommendations for Islamic financial institutions and regulators, such as OJK and DSN-MUI, to integrate al-shulhu into the national legal system through clear regulations and mediator training. The study recommends further empirical research to enhance understanding of al-shulhu’s application in religious courts and Islamic financial institutions.
Family Law in Islamic and Secular Traditions: A Balanced Comparative Study on Gender Equity and Legal Reform Zahraa Mahdi Dahash
International Journal of Sharia and Law Vol. 1 No. 2 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v1i2.10

Abstract

Gender equity within family-law adjudication remains a global challenge as legal systems reconcile religious authority with constitutional equality and human-rights obligations. This study aims to compares eight jurisdictions to identify how doctrinal interpretation, procedural capacity, and enforcement credibility interact to deliver or impede gender-just rulings in marriage, divorce, maintenance, and succession cases. An explanatory-sequential mixed-methods design combined thematic exegesis of 112 statutes and 289 appellate judgments (2015–2025) with 48 semi-structured interviews, 36 hours of courtroom observation, and a coded administrative dataset of 2 430 family cases. Quantitative analyses employed mixed-effects logistic regression, difference-in-differences estimation, and fuzzy-set qualitative comparative analysis, while qualitative data were thematically mapped to statistical patterns. Maqāṣid-oriented reasoning increased the probability of an equitable ruling by 37 % and raised average monetary relief by 40 %. Reciprocal ʿiddah reforms boosted mean maintenance awards by up to 38 % and elevated compliance rates from 48 % to 85 %. Procedural access proved decisive: interpreter availability and legal-aid latency together explained 46 % of outcome variance, and equity climbed sharply once interpreter coverage exceeded 80 % and female judges comprised at least 40 % of benches. Jurisdictions aligning all three levers—doctrine, procedure, enforcement—achieved the highest and most durable equity scores. The findings demonstrate that gender-just family law is best secured through an integrated equity mechanism marrying purposive Islamic hermeneutics with robust procedural supports and credible sanctions. Future reforms should prioritize interpreter pools, gender-balanced judiciaries, and scalable enforcement tools to convert doctrinal potential into lived equality. These insights help policymakers design evidence-based, context-sensitive reforms worldwide.
Islam and Cultural Acculturation in Aceh: A Study of the Rah Ulee and Peulheuh Kaoy Rituals at the Tomb of Habib Seunagan Cut Aja Mulia Aja Mulia; Darlin Rizki; Aviecenna Almaududy; Ahrijon
International Journal of Sharia and Law Vol. 1 No. 2 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v1i2.15

Abstract

This study explores the phenomenon of Rah Ulee and Peulheuh Kaoy rituals at the tomb of Habib Muda Seunagan in Nagan Raya, Aceh, as a manifestation of cultural and religious acculturation between Islam and local traditions. The research adopts a descriptive qualitative approach through library research and field observation. Data were collected from books, journals, local articles, and interviews with the caretakers and community members around the tomb. The findings indicate that the Rah Ulee ritual, which involves symbolic washing of the head with sanctified water, and Peulheuh Kaoy, the act of releasing vows (nazar), are understood by the local community as forms of tawassul—seeking blessings through righteous figures. These practices are not merely cultural but have been integrated into the spiritual and social fabric of Acehnese Islam. While some religious groups perceive these rituals as deviations from Islamic orthodoxy, many locals consider them expressions of reverence and continuity of spiritual heritage rooted in Sufism, particularly the Syattariyah order introduced by Habib Muda Seunagan. Thus, these rituals exemplify how Islamic teachings and Acehnese culture coexist harmoniously through a process of acculturation that strengthens community identity and religious devotion. 
Can Secular Law Be Understood as Sharia Law? A Philosophical Exploration Husni Husni; Miftahul Khairat; Hidayatina Hidayatina
International Journal of Sharia and Law Vol. 1 No. 2 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v1i2.17

Abstract

This article aims to philosophically examine whether secular law can be conceptually situated within the framework of sharia law by reinterpreting ḫiṭābullāh ta‘ālā as encompassing not only revealed texts but also natural and social phenomena. Employing a qualitative normative approach through conceptual and textual analysis of classical uṣūl al-fiqh literature, maqāṣid al-ṧarī’aḧ theory, and contemporary legal discourse, this study analyzes the epistemological and theological foundations of law formation. The findings demonstrate that secular law embodying universal values such as justice, public welfare, human dignity, and environmental balance may function as a medium for conveying ḫiṭābullāh within the category of the “open book” (al-kitāb al-maftūḥ), and can be integrated into Islamic legal reasoning through mechanisms of ijtihād, ‘urf, and maṣlaḥaḥ mursalaḥ, provided it remains consistent with the fundamental objectives of sharia. The study concludes that secular law and sharia law are not inherently antagonistic but potentially complementary, with maqāṣid-oriented reasoning enabling Islamic law to respond elastically to modern socio-legal realities, albeit with significant theological and legal implications such as a shift toward anthropocentric interpretation and the emergence of hybrid legal structures. This article contributes academically by offering a reconceptualization of ḫiṭābullāh and a philosophical framework for harmonizing sharia law with secular legal systems without reducing Islamic law to mere pragmatic legitimation.

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