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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 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2025)" : 5 Documents clear
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.
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.

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