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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 16 Documents
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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.
Deconstructing the Narrative of “Scatter Investment” in Online Gambling: The Perspective of Maqashid Sharia and a Review of Indonesian Digital Investment Law Safaruddin Safaruddin
International Journal of Sharia and Law Vol. 2 No. 1 (2026)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v2i1.29

Abstract

The massive growth of online gambling platforms in Indonesia, particularly games like Higgs Domino Island popularly framed as “Scatter Investment” where “Scatter” refers to a special in-game symbol that triggers bonus rounds or free spins and is often associated with large monetary rewards, reflects a dangerous linguistic and legal distortion that normalizes gambling as an investment activity. This article critically examines the phenomenon of “Scatter Investment” through the dual lenses of Maqashid Sharia and Indonesian investment law. Using a normative-juridical and qualitative approach, this research analyzes classical and contemporary fiqh literature, relevant fatwas of the Indonesian Ulema Council, and Indonesian positive law, including Law No. 25 of 2007 on Investment, the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and Qanun Aceh No. 6 of 2014 on Jinayat Law. The study finds that online gambling labeled as investment fails to meet the essential characteristics of investment under both positive law and Islamic economics because it lacks productive activity, creates no real economic value, depends on pure chance, and structurally exploits players. From the Maqashid Sharia perspective, “Scatter Investment” severely violates all five fundamental objectives of the law (al-kulliyat al-khamsah): protection of religion, life, intellect, lineage, and wealth, as it undermines religious observance, damages mental health, destroys rational decision-making, disintegrates families, and causes severe financial harm. The article concludes that the term “Scatter Investment” is a misleading narrative that must be deconstructed theologically, legally, and linguistically, and that online gambling should be treated as a criminal and moral offense rather than an economic opportunity. Policy recommendations include strengthening law enforcement, tightening financial and digital regulations, and mainstreaming Maqashid-based literacy in public education.
Women and Islamic Law: Exploring Interpretative Authenticity and Gender Harmony within Qur’anic and Juristic Traditions Nataliia Bodnar
International Journal of Sharia and Law Vol. 2 No. 1 (2026)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v2i1.31

Abstract

Legal systems in multi-religious states often struggle to harmonize Islamic jurisprudence with constitutional equality norms, particularly in gender-sensitive disputes. Existing studies explore either internal hermeneutics of Usul al-Fiqh or external comparative frameworks, but seldom test how their integration affects real-world judgments. The article investigates whether coupling maqāṣid-centred interpretation with procedural adaptability can systematically advance gender-equitable outcomes across pluralistic jurisdictions. An explanatory sequential mixed-method design was applied to 129 appellate judgments, 38 statutes, and 53 qualitative interviews drawn from Indonesia, South Africa, and the United Kingdom. Two original metrics were developed: the Maqāṣid Alignment Index (MAI) measuring doctrinal fidelity to equality and welfare, and the Trans-Systemic Convergence Score (TCS) capturing procedural flexibility, statutory amenability, and outcome parity. Semantic-network analysis identified bridging concepts, while logistic regression estimated the predictive power of MAI and TCS for gender-equitable relief. Judgments situated in the highest MAI–TCS tercile granted equitable remedies in 78 % of cases, compared with 22 % in the lowest tercile. Each one-standard-deviation increase in MAI multiplied the odds of favorable relief by 8.5 (p < 0.001), and a comparable rise in TCS did so by 6.5 (p < 0.01). Network metrics revealed a small-world topology anchored by maṣlaḥa and constitutional equality clauses, highlighting doctrinal nodes where targeted reform can yield maximal systemic impact. Integrating maqāṣid-oriented hermeneutics with adaptive procedural tools provides an empirically validated pathway toward inclusive jurisprudence, offering legislators and jurists a replicable model for aligning Islamic legal reasoning with universal justice norms.
The Division of Spousal Roles in Rural Communities:A Critical Analysis of Gender Bias in Islamic Law M. Syahrur Romadhon
International Journal of Sharia and Law Vol. 2 No. 1 (2026)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v2i1.6

Abstract

This study aims to uncover gender-biased behavior within households in remote areas, while also exploring what Islam truly teaches about the role of a wife. Women living in rural and isolated communities frequently face gender discrimination they tend to be treated as second-class citizens whose sole purpose is managing domestic affairs at home. This kind of treatment gives rise to a patriarchal culture in which husbands dominate and maintain full control over the household, ultimately leading to gender disparity and, further down the line, deeply ingrained gender-biased behavior. This research adopts a normative-empirical approach, drawing on both primary and secondary data sources. The primary data was collected directly from the field specifically from a village in Musi Rawas Regency, Bengkulu while the secondary data was gathered from various books and academic journals. The findings reveal that women in these remote areas experience numerous forms of gender bias, particularly when it comes to the division of roles within the household. Wives are largely confined to childcare and domestic chores, with little to no involvement in decision-making, as that authority is considered the husband's exclusive right. This reflects a clear pattern of marginalization wives are reduced to second-class status and subjected to subordination, denied equal standing with their husbands in both public and domestic spheres. Furthermore, some women are burdened with a double load: they are expected to contribute financially to the family while still shouldering all household responsibilities on their own, without any help from their husbands not even when it comes to raising the children, since the husband sees his only duty as earning a living. This kind of dynamic stands in stark contrast to Islamic teachings, which call for the principle of mu'asyarah bil ma'ruf treating one's spouse with kindness and fairness as well as the principle of mubadalah, which emphasizes cooperation and mutual support, where both husband and wife work together and help each other in fulfilling their respective roles and responsibilities.
The Theory of Restorative Justice as Legal Certainty in Economic Recovery and Balanced Justice Tapriijiya Tapriijiya; Kurniati Kurniati; Sopi Yulesi
International Journal of Sharia and Law Vol. 2 No. 1 (2026)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v2i1.12

Abstract

This study aims to analyze restorative justice theory as a foundation for legal certainty in restoring economic conditions and achieving balanced justice for the parties involved in a case. The use of dispute resolution mechanisms, both litigation and non-litigation, is largely determined by the concepts and objectives of dispute resolution sought by the parties, as well as the good faith of each party in resolving the case at hand. Restorative justice emerges as a response to public dissatisfaction with the current criminal justice system. This study employs a library research method, as all data sources are drawn from library materials, while the approach used is qualitative. Data sources consist of primary data in the form of relevant legislation, and secondary data comprising books and scientific journals related to the research theme. The findings indicate that restorative justice provides more tangible legal certainty compared to conventional criminal approaches, as it places the restoration of victims' economic losses as the primary priority through mediation mechanisms and compensation agreements between the parties. Furthermore, this approach has proven capable of creating balanced justice by actively involving victims, offenders, and the community in the dispute resolution process. This study concludes that the internalization of restorative justice principles within the Indonesian legal system needs to be strengthened as a more equitable and economically impactful alternative for dispute resolution.
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.

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