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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 3 Documents
 1 
Search results for , issue "vol. 2 no. 2 (2026): in process" : 3 Documents clear
Between Protection and Bondage: The Paradox of Kafāla in Saudi Arabia and Italy Vasco Fronzoni; Michel Emi Maritato
International Journal of Sharia and Law Vol. 2 No. 2 (2026): In Process
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v2i2.30

Abstract

This article investigates the contemporary application of kafāla as a legal instrument for the protection of vulnerable individuals  particularly women and minors through a comparative analysis between Saudi Arabia and Italy. While kafāla originates in Islamic law as a mechanism of guarantee, care and social responsibility, its modern implementation reveals significant divergences between normative ideals and practical realities. This research adopts a set of normative and functional criteria. It analyses the effectiveness of enforcement mechanisms through inspection systems, sanctions against abuses and the practical enforceability of rights. Indeed, the study adopts a qualitative, documentary, and thematic approach to analyze Islamic law and ethics grounded in maqāṣid al-sharīʿa by examining primary sources, legislation, and case law to understand their normative application to contemporary issues, with a comparative focus between Saudi Arabia and Italy. In the Kingdom of Saudi Arabia, kafāla works quite effectively with vulnerable minors. However, it is with the specific category of foreign domestic workers that the legal instrument experiences a short circuit, failing to achieve its Shariatic objectives. Conversely, in Italy, a secular country with a non-Muslim majority and a Catholic influence, where the application of canon law is limited and the systematic application of Islamic law is only sporadic, positive experiences are emerging, thanks to case law. In Saudi Arabia, especially within the context of migrant domestic work, kafāla has been progressively distorted into an instrument of structural dependence, often facilitating exploitation, isolation and legal vulnerability. Despite recent regulatory reforms, the lack of effective enforcement mechanisms continues to undermine the protective function that Islamic legal ethics originally attributed to this institution. Conversely, in Italy, a positive legal system initially reluctant to recognize kafāla, jurisprudence has progressively reinterpreted it in light of the best interests of the child and international child protection standards. Through this judicial evolution, kafāla has been revitalized as a functional tool of protection for abandoned and unaccompanied minors. This normative paradox illustrates how legal institutions are not inherently protective or oppressive, but depend on the interpretative, cultural and institutional frameworks within which they operate.
Archive Digitization and the Quality of Services Provided by Marriage Officers in Islamic Marriage Administration: A Review of the Maqashid al-Shariah in Banjar City, Indonesia Hisam Ahyani; Ahmad Hapidin; Imron Hamzah; Bakari Arabi
International Journal of Sharia and Law Vol. 2 No. 2 (2026): In Process
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v2i2.33

Abstract

This study examines the role of archival management in Islamic marriage administration in enhancing the quality of penghulu services in Kota Banjar. The research is motivated by the increasing demand for efficient, transparent, and accountable administrative systems within the Office of Religious Affairs (KUA), particularly in ensuring legal certainty and accessibility of marriage records in the digital era. This study employs a qualitative research design with a juridical-empirical approach, integrating normative analysis of Islamic family law (fiqh al-usrah) with relevant Indonesian legal frameworks, including archival and marriage administration regulations. Field data were collected through observations and document analysis in four KUA units in Kota Banjar. The findings reveal that effective archival management significantly improves administrative accuracy, service efficiency, and legal certainty in marriage documentation. However, the implementation of digital archival systems remains uneven due to disparities in human resource capacity, infrastructural limitations, and inconsistent adoption of SIMKAH-based digital governance. The study concludes that the integration of structured archival management and digital transformation strengthens the realization of Islamic legal objectives, particularly ḥifẓ al-nasl (protection of lineage) and ḥifẓ al-māl (protection of rights). The study contributes to the literature by bridging Islamic family law with contemporary public administration, particularly in the context of digital governance and archival reform in religious institutions.
Islamic Law in the Age of Technology and Digital Economy: Reconstructing Epistemology, Addressing Regulatory Challenges, and Rethinking the Future of Contemporary Fiqh Farid Karomi; Pajri Arkiang; Hizbul Wathoni; Siti Afiyah; Erma Rahmawati
International Journal of Sharia and Law Vol. 2 No. 2 (2026): In Process
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v2i2.36

Abstract

This study analyzes the transformation of Islamic law in digital ecosystems, identifies epistemological and regulatory challenges, and formulates an integrative framework for contemporary fiqh. Rapid advances in artificial intelligence, blockchain, smart contracts, sharia-compliant fintech, and crypto-assets have transformed economic transactions while exposing limitations in conventional Islamic legal responses to digital phenomena. Using a Systematic literature review with qualitative thematic synthesis, the study examines scholarly publications, fatwas and legal decisions, regulatory documents, and supporting academic literature. The findings show four interconnected developments: digital transactions alter the manifestation of ownership, consent, contractual execution, and responsibility; classical uṣūl al-fiqh remains essential but requires contextual reconstruction through maqāṣid al-sharīʿah and technology-sensitive analysis; regulatory lag, cross-border transactions, digital-asset uncertainty, and AI ethics create significant governance challenges; and future Islamic legal governance requires multidisciplinary and adaptive institutional coordination. The study proposes the Neo-Digital Islamic Legal Framework (NDILF), integrating classical jurisprudential foundations, maqāṣid-oriented evaluation, digital ethics, and adaptive regulation through an iterative process of technological identification, multidisciplinary analysis, fatwa formulation, regulatory translation, and social-impact assessment.

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