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Dr. Shofil Fikri, S.S., M.Pd
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MLIJo
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : 31249124     EISSN : 31249124     DOI : https://doi.org/10.18860/mlijo
Core Subject :
MLIJo: Journal of Law and Islamic Thought is an open access, double-blind, and peer-reviewed journal that serves as a medium for communication and scientific publication in the field of Law and Islamic Thought. This journal publishes scientific works four times a year (March, June, September and December) and each issue contains 7 articles, covering various issues of Law and Islamic Thought, ranging from classical jurisprudence to modern legal reform, using various interdisciplinary approaches. This journal is managed by the Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia. FOCUS AND SCOPE: MLIJo: Journal of Law and Islamic Thought focuses on legal studies rooted in Islamic values, principles, and intellectual traditions. It emphasizes the integration of Law and Islamic thought, both contemporary and comparative, by exploring both normative and practical aspects. The journal aims to develop scholarly discourse in areas such as Islamic jurisprudence (fiqh), legal theory (uṣūl al-fiqh), and maqāṣid al-sharī‘ah, while also addressing contemporary socio-legal issues from an Islamic perspective. The scope of this journal includes: 1. Classical and contemporary Islamic law (fiqh and uṣūl al-fiqh); 2. Islamic legal theory and thought; 3. Comparative studies between Islamic and positive law; 4. Islamic family law, criminal law, and Islamic economic law; 5. Maqāṣid al-sharī‘ah and its application in modern legislation; 6. Studies on the thoughts of Islamic scholars and legal schools (madhāhib); 7. Human rights in Islamic legal perspective; 8. Islamic constitutional and public law; 9. Legal conflict resolution through Islamic law approaches; 10. Contemporary developments in ijtihād and Islamic legal methodology.
Arjuna Subject : -
Articles 14 Documents
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Dampak Covid-19 Terhadap Pencemaran Air Tinjauan Kebijakan Perspektif Fiqih Bi’ah Anugrah Ari Ramadhan
MLIJo: Journal of Law and Islamic Thought Vol 1 No 1 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i1.4740

Abstract

Since its emergence in early 2020, the Covid-19 pandemic has brought significant global impacts not only on public health and the economy but also on environmental sustainability. One major issue is water pollution, which worsened due to the increase in medical and domestic waste generated during the pandemic. Hospitals and healthcare facilities produced tons of infectious medical waste daily, yet only a small portion possessed proper treatment permits and facilities. Consequently, much of this waste posed serious risks to water quality and aquatic ecosystems. On the other hand, restrictions on industrial and transportation activities temporarily reduced industrial waste discharge, improving water quality in certain regions. This study employs a normative legal research method using a statutory approach, analyzing primary and secondary legal materials, including Law No. 32 of 2009 and Government Regulation No. 82 of 2001, which govern environmental protection and water pollution control. The findings reveal that effective government oversight and law enforcement are essential to prevent environmental degradation. Furthermore, the study integrates the perspective of Fiqih Bi’ah (Islamic environmental jurisprudence) as a moral and spiritual solution. Grounded in the principles of kulliyat al-khamsah the preservation of religion, life, intellect, lineage, and property Fiqih Bi’ah emphasizes human responsibility as khalifah (steward) of the earth to maintain environmental balance. Integrating Islamic ecological ethics into environmental law and education can strengthen both legal and moral frameworks for sustainable water management in the post-pandemic era.
Evaluasi Kepatuhan Standar Hukum dalam Layanan Pengangkutan Barang di Indah Logistik Cargo Kota Malang Friska Aprilia Pramesti; Anis Shilvi Rahmawati
MLIJo: Journal of Law and Islamic Thought Vol 1 No 1 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i1.12333

Abstract

The logistics industry in Indonesia has experienced rapid growth in response to the increasing demand for fast and efficient delivery services. However, this development also brings challenges in regulatory compliance, particularly concerning consumer protection and transportation safety. This study aims to evaluate the implementation of legal standards in freight transportation services at Indah Logistic Cargo in Malang City, focusing on compliance with Law No. 8 of 1999 on Consumer Protection and Law No. 22 of 2009 on Road Traffic and Transportation. The research employs an empirical juridical method, with data collected through observations and interviews with company management and consumers. The findings reveal that the company has implemented some legal provisions, such as compensation claim mechanisms and vehicle inspections, but several issues persist, including discrepancies in item weight, damage to fragile goods, and delivery delays. Such inconsistencies may violate consumer rights as stipulated in Article 8 of the Consumer Protection Law. Moreover, the company’s administrative compliance remains incomplete, particularly regarding the Company Registration Certificate (TDP). Therefore, improvements are needed in employee training on legal regulations, the adoption of technology-based logistics management systems, warehouse infrastructure upgrades, and the development of a more responsive complaint-handling mechanism. Strengthening legal, operational, and service aspects will help Indah Logistic Cargo enhance regulatory compliance, customer satisfaction, and competitiveness in Indonesia’s logistics industry.
Peran Notaris dan PPAT dalam Proses Peralihan Hak atas Tanah Rifky Astriansyah; Habieb Ahmad Al Musyaddady
MLIJo: Journal of Law and Islamic Thought Vol 1 No 1 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i1.12334

Abstract

The transfer of land rights is a cornerstone of Indonesian land law, designed to guarantee legal certainty and protect the rights of the community. This process, whether facilitated through sales, grants, or inheritance, relies heavily on the expertise of notaries and Land Deed Officials (PPAT), who are tasked with ensuring the legitimacy of these transactions. Notaries are responsible for drafting authentic deeds and offering legal counsel, while PPATs specialize in creating land rights transfer deeds and overseeing administrative compliance, including the payment of the Land and Building Acquisition Duty (BPHTB). This study employs a qualitative approach with descriptive analysis, drawing on a comprehensive review of existing literature and regulations. By analyzing these sources, the research highlights the pivotal role notaries and PPATs play in fostering a land system that is transparent, accountable, and less prone to disputes. The findings underscore that the responsibilities of notaries and PPATs extend beyond deed creation to include land status verification, abuse prevention, and adapting to digital administration systems. Professionalism, integrity, and technological adaptability are essential in ensuring that land rights transfers are legally sound, efficient, and offer certainty to all stakeholders.
Tantangan Hukum dalam Pertanahan: Studi Kasus Permasalahan Akta Tanah di Kantor Notaris Malang Ari Tasyabani Muis; Defan Auli Rahmatillah
MLIJo: Journal of Law and Islamic Thought Vol 1 No 1 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i1.12393

Abstract

The rapid growth of information technology in Indonesia has given rise to a new legal framework known as cyber law, particularly governing electronic transactions (e-commerce). As internet usage expands, so does online commerce, but this growth also brings forth legal challenges, notably in consumer protection. This research employs a normative legal approach, combining statutory and conceptual analysis, supported by secondary data and empirical evidence. The findings indicate that resolving disputes in electronic transactions falls under civil law, as stipulated in the ITE Law and Consumer Protection Law. Disputes can be resolved through litigation (court proceedings) or non-litigation methods (such as arbitration, mediation, conciliation, and consumer dispute resolution bodies). However, litigation is often costly, time-consuming, and procedurally complex, prompting many to opt for non-litigation approaches that focus on negotiation and mutually beneficial solutions. Online Dispute Resolution (ODR) has emerged as a promising alternative, offering speed, cost-effectiveness, and cross-border capabilities. Despite its potential, ODR in Indonesia faces challenges due to insufficient technical regulations and infrastructure. To ensure effective, efficient, and equitable consumer protection in e-commerce, Indonesia needs stronger regulations, increased awareness, and better institutional support.
Implementasi Kebijakan Ekonomi Digital di Indonesia: Tinjauan Hukum atas Perlindungan Konsumen dan Tantangan Inovasi Teknologi
MLIJo: Journal of Law and Islamic Thought Vol 1 No 1 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i1.16706

Abstract

Digital transformation has become a major force in shaping the direction of Indonesia's economic growth, but the implementation of digital economy policies still faces various legal and technological challenges. This research aims to examine the implementation of digital economy policies in Indonesia with a focus on consumer protection and technological innovation challenges. The method used is a qualitative approach with descriptive analysis through literature studies that refer to various secondary sources such as scientific journals, laws, articles, and official policy documents. The results of the study show that the Indonesian government has formulated a comprehensive digital economy policy through strengthening digital infrastructure, increasing digital literacy, and drafting regulations. However, legal regulations such as Law No. 8/1999 and ITE Law are considered not fully responsive to the complexity of modern digital transactions, such as personal data protection and online dispute resolution. In addition, infrastructure gaps, low access to technology in remote areas, and limited digital skills of the community are the main obstacles.
Penyelesaian Sengketa Wanprestasi Kredit Macet di BUMDesMa Kanor Mandiri Berkah Kabupaten Bojonegoro Emir Muhammad Adiel Mahendra; Kurniasih Bahagiati
MLIJo: Journal of Law and Islamic Thought Vol 1 No 1 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i1.17135

Abstract

One of the initiatives by BUMDesMa Kanor Mandiri Berkah in Kanor District, Bojonegoro Regency, is the Dana Bergulir Masyarakat (DBM) savings and loan program, which encounters challenges related to loan defaults and breach of contract by borrowers. BUMDesMa adopts a non-litigation approach, specifically mediation, to resolve disputes. This study seeks to elucidate the dispute resolution process in cases of loan defaults at BUMDesMa Kanor Mandiri Berkah and to examine the challenges encountered during this process. Employing an empirical juridical research method with a sociological approach, the study gathered data through interviews with key personnel at BUMDesMa. Data analysis involved verification, classification, and conclusion. The results reveal that the mediation process at BUMDesMa Kanor Mandiri Berkah has limitations in effectively resolving disputes, with several obstacles impeding the resolution process.
Maqasid Syariah dan Kesetaraan Hak Perempuan Safrida Ramadhania
MLIJo: Journal of Law and Islamic Thought Vol 1 No 1 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i1.18035

Abstract

Gender equality in Islamic communities continues to encounter substantial obstacles stemming from the prevalence of traditional fiqh interpretations that are often patriarchal in nature. In contrast, the maqasid syariah, which represents the overarching goals of Islamic law, underscores the importance of justice, public welfare, and human rights protection, encompassing the rights of women as well. This research seeks to investigate the relevance of maqasid syariah in the reconstruction of fiqh to tackle gender disparities. Utilizing a qualitative method with a library research approach, the study analyzes both classical and contemporary literature. The results reveal that maqasid syariah, which includes the protection of faith, life, reason, progeny, and wealth, offers robust justification for upholding women's rights across multiple facets of life, including spirituality, education, family, and economic spheres. The thoughts of modern scholars like Jasser Auda, Amina Wadud, Hashim Kamali, Abdullahi An-Na'im, Musdah Mulia, and Fatima Mernissi highlight the importance of contextual exegesis, critical hermeneutics, and gender awareness in Islamic jurisprudence. Consequently, maqasid syariah can serve as both a philosophical foundation and a practical tool for developing Islamic law that is more inclusive, responsive, and equitable for women. This research underscores the necessity of reconstructing fiqh based on maqasid syariah, enabling Islam to truly embody its principle as a rahmatan lil 'alamin that ensures equal rights for everyone.
A Conceptual Study of Maqasid al-Sharia in Usul al-Fiqh and Its Implementation in Contemporary Islamic Law Hera Madhani Priyasdanto; Kuni Nurol Choiriyah
MLIJo: Journal of Law and Islamic Thought Vol 1 No 2 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i2.20170

Abstract

This paper discusses the concept of Maqasid Syariah, its classification, and its relevance in contemporary Islamic law. The aim of this study is to explain the theoretical foundations of Maqasid Syariah, its evolution from classical to modern times, and the importance of Maqasid in developing Islamic law that is responsive to the challenges of contemporary issues. By focusing on the five key goals of Islamic law protecting religion, life, intellect, lineage, and property this paper explores how Maqasid Syariah serves as a philosophical foundation for dynamic and contextual applications of Islamic law, and its implementation in various fields such as economics, healthcare, education, and environmental protection. The paper also discusses the challenges faced in the implementation of Maqasid Syariah in pluralistic social and political contexts, as well as the need for strengthening ijtihad institutions in applying Maqasid Syariah principles in the modern era.
Kesetaraan Bukan Keadilan, Kritik Maqashid Syariah terhadap Tafsir Feminis atas Pembagian Waris 2:1 Ahmad Eko; Muhammad Nur Al Isro; Nauval Ar rosyid
MLIJo: Journal of Law and Islamic Thought Vol 1 No 2 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i2.21561

Abstract

Discussions regarding the 2:1 inheritance ratio remain prominent in Islamic Legal Studies. This ratio, as given in the Qur’an (4:11), is also the central focus of many Muslim feminists concerned with its relevance to inheritance claims. They argue that the ratio no longer reflects social justice since modern social arrangements advocate more egalitarian norms. These feminists rely on interpretive approaches that frame the ratio as a product of historical/legal patriarchy, emphasizing the need to reformulate legal texts and viewing the ratio as an example of archaic patriarchy in contemporary legal feminism. However, they fail to explain that historical legal patriarchy, as a textual artifact, possesses its own ontology and that revealed texts hold authoritative status in constructing Islamic legal theory.In contrast, the justice of maqasid syariah holds that justice must be understood in relation to, not separate from, the dimensions of law, obligation, economic structure, society, and the values the law seeks to uphold. Critiquing the 2:1 ratio cannot be done apart from these economic, social, and protective dimensions of the legal tradition. This article aims to systematically engage these debates, assessing how far feminist critiques can be accommodated and identifying possible reforms that do not contradict foundational legal principles.
Studi Kasus: Peran Tahkim, Ijtihad, dan Fatwa dalam Reformasi Sistem Peradilan Islam di Pengadilan Agama Indonesia Nabila Azizah; Ripani Ripani; Muhammad Balya; Muhammad Jaidi
MLIJo: Journal of Law and Islamic Thought Vol 1 No 2 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i2.25323

Abstract

This study aims to analyze judicial ijtihad, the role of fatwas as a basis for legal reasoning, and the application of tahkim and mediation in the Religious Courts of Indonesia. The background of this research lies in the increasing complexity of cases that cannot be fully addressed by positive law, thus requiring a more adaptive and integrative approach. This study employs a qualitative method with a case study approach, utilizing court decisions, interviews with judges and mediators, and analysis of fatwas and Islamic legal literature. The findings reveal that judges do not solely rely on statutory regulations but also exercise ijtihad by integrating fiqh principles and fatwas as normative justification. Furthermore, tahkim and mediation play a significant role in resolving disputes in a peaceful and efficient manner. These findings indicate an integrative pattern in the practice of Religious Courts, combining normative, substantive, and solution-oriented approaches. Therefore, this study concludes that Religious Courts in Indonesia are evolving adaptively to meet societal needs.

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