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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. 2 (2025)" : 5 Documents clear
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.
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.
Integrating Islamic Principles with Modern Criminal Justice: Re-Evaluating Hudud Laws in the Context of Digital Evidence and Procedural Fairness Haider Mahmood Jawad
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.v1i2.24

Abstract

The rapid adoption of digital forensics in Muslim jurisdictions poses doctrinal and procedural dilemmas for the enforcement of hudud, the fixed punishments regulated by Islamic criminal law. Although classical jurists demanded near-absolute certainty, statutes now admit blockchain logs, DNA profiles, and geolocation data whose epistemic status is contested. This study investigates whether authenticated digital evidence, evaluated through a maqāṣid-aligned reliability matrix, preserves both procedural fairness and the deterrent mission of hudud. A convergent mixed-methods design combined doctrinal analysis with empirical testing of 210 criminal case files from Malaysia, Aceh, and Saudi Arabia (2015-2024). Reliability indices were computed for five evidence types; Bayesian updating estimated posterior guilt probabilities; interviews with 67 justice actors contextualised findings; cost–benefit metrics assessed restorative settlements. DNA profiles (mean RI = 0.91) and blockchain logs (0.87) achieved high evidentiary reliability, producing shubha deflection rates below 10 %. Geolocation data (0.74) and digital confessions (0.79) generated significantly higher doubt and conversion to taʿzīr. Restorative settlements delivered cost–benefit ratios above 1.1 and victim-satisfaction scores exceeding 78/100, particularly in Aceh, were digital monitoring enhanced compliance. Jurisdictions employing multidisciplinary verification panels recorded wrongful-conviction reversals below 4 %. The findings demonstrate that modern forensic artefacts can coexist with classical proof doctrines when governed by transparent authentication and probabilistic evaluation. Implementing a maqāṣid-based reliability matrix offers courts a principled route to align divine mandates, technological progress, and human-rights safeguards, thereby modernising Islamic criminal justice without compromising its ethical foundations, in diverse contexts worldwide.

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