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Suud Sarim Karimullah
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Insani: Jurnal Pranata Sosial Hukum Islam
Published by Mahkota Science Publishers
ISSN : -     EISSN : 31233023     DOI : https://doi.org/10.65586/insani
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Insani: Jurnal Pranata Sosial Hukum Islam is a reputable, open-access, peer-reviewed academic journal published biannually (June and December) by Mahkota Science Publishers. The journal focuses on Islamic law as a social institution, examining its interactions with culture, society, and local norms within Muslim communities, particularly in Indonesia and Southeast Asia.
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Articles 21 Documents
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Islamic Law in Contemporary Indonesian Local Political Culture Qadriani Arifuddin; Asep Saifuddin; Atiyyatullah; Noorhani Dyani Laksmi
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.47

Abstract

This study places Islamic law within Indonesia's local political culture as a field of struggle over meaning that not only reflects the religious aspirations of the community, but also reveals how sharia continues to be negotiated, contested, and even politicised within local democratic power relations that are laden with symbols, identities, and struggles for legitimacy. The aim is to explain how Islamic law can function as a source of political legitimacy, an instrument of public policy, and an arena for identity contestation in local communities. This study uses a qualitative approach with a cross-regional comparative case study design, given the complexity of the phenomena under study, which cannot be reduced to simple causal relationships. The results indicate that Islamic law in contemporary Indonesian local political culture is not merely a normative system applied. Still, rather a field of struggle for meaning that is continuously reproduced in the tug-of-war among the legitimacy of power, collective identity, and the demands of pluralistic democracy. Sharia is often mobilised as a powerful moral symbol, but therein lies the paradox because when Islamic law is reduced to an electoral instrument and moralistic regulation, it risks losing its transformative ethical power as a substantive social justice project. The issue is not whether Islamic law exists in the public sphere, but rather who controls its interpretation, for what interests it serves, and to what extent it can transcend symbolic politics toward an inclusive maqāṣid al-sharīʿah.
Negotiating Women's Reproductive Rights Within the Framework of Islamic Law Ahmed Abdel Fattah; Rahmi Jumiyah; Zaki Saiful Alam; Asyifa Nur Mediana; Ihsan Jaya Rauf
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.57

Abstract

Negotiations over women's reproductive rights become an epistemological and ethical arena that brings together bodily authority, taklīf constructions, and interpretative struggles between the protection of human dignity and reproduction as a locus of normative control within the family institution. The purpose of this study is to comprehensively analyse the negotiation of women's reproductive rights within the framework of Islamic law, using an integrative approach that connects normative, institutional, and social-experience dimensions. This study uses a qualitative approach with a socio-legal and critical hermeneutic design, as its focus lies not only on fiqh norms as texts but also on the dynamics of social practices and power relations that shape women's experiences as legal subjects. The results confirm that the negotiation of women's reproductive rights in Islamic law is, in fact, the most tangible test of fiqh's capacity to remain a liberating ethic of life, rather than merely a device for controlling women's bodies. When classical concepts such as qiwāmah, tamkīn, and ḥaqq al-istimtāʿcontinue to be upheld without a critical reading of maqasid, fiqh risks becoming frozen into a legitimisation of patriarchal domination. Conversely, when riḍā, lā ḍarar wa-lā ḍirār, and ḥifẓ al-nafs are placed at the centre of ijtihād, Islamic law can emerge as a moral system that protects women's dignity and safety without undermining the institution of the family.
Moral Militarisation in the Implementation of Islamic Law in Public Dress Code Raids Nabila Putri; Amira Martin; Omar Rahman; Nurul Aini; Annisa Rahmawati
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.77

Abstract

The clothing raids in the implementation of Islamic law reveal a paradox where morality, which should liberate through ethical awareness, is instead militarised into a disciplinary mechanism that subjugates the body and produces compliance in public spaces. This study aims to comprehensively analyse the phenomenon of moral militarisation in the implementation of Islamic law through dress code raids in public spaces, highlighting the mechanisms of control, normative legitimacy, and its impact on social power relations. The study uses a qualitative approach with a critical-interpretative case study design, chosen because it allows for an in-depth exploration of the practice of moral militarisation as a layered, contextual social phenomenon laden with power relations. The results state that clothing raids are not merely a practice of al-amr bi-l-maʿrūf wa-l-nahy ʿan al-munkar (enjoining what is good and forbidding what is evil). Still, a form of moral militarisation intertwined with religious populism, image economics, and the compliance industry is often more effective at instilling fear than at promoting public welfare. The critical implication is that a state that makes clothing a moral enemy risks exchanging substantive justice for superficial rituals of control, normalising stigmatisation, and obscuring structural problems that are far more damaging to human dignity. Therefore, the agenda in the future is not merely to reorganise raid procedures, but to shift sharia from a policing project to a social ethics project oriented towards maqāṣid, respect for citizens' rights, and moral transformation born of awareness, not fear.
Legitimising Power through Islamic Law in Identity Politics Sheila Puspitasari; Bella Maharani; Isabella Moore; Fatimah Azzahra; Dewi Putriani Yogosara Lodewijk
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.78

Abstract

The legitimisation of power through Islamic law in identity politics represents a fundamental paradox of Muslim political modernity, whereby divine norms intended to liberate humans ethically are instead rearticulated as a language of power that structures obedience, normalises the moral domination of the majority, and reduces citizenship to symbolic compliance. The purpose of this study is to comprehensively analyse the relationship between Islamic law, the legitimisation of power, and identity politics in the context of modern politics. This study uses a qualitative approach with a library research design integrated with legal-political discourse analysis. The results state that the legitimacy of power through Islamic law in identity politics is not merely an expression of collective piety, but a battleground that determines the direction of democracy, the limits of citizenship, and the future of pluralism. Sharia, which was originally understood as a religious normative guideline, can shift into a language of power that disciplines the body, regulates social space, and produces a moral hierarchy between more legitimate citizens and stigmatised citizens, so that piety changes from spiritual ethics into political capital that is traded in the market of support. The main problem is not sharia as a value, but rather the mechanism of instrumentalisation that turns religion into a tool of social control and covert moral majoritarianism. The constructive implication is that policy design must uphold religious aspirations without sacrificing civil rights, while also allowing for criticism so that the law does not become a tool of exclusion.
A Reinterpretation of Islamic Law within the Discourse of Muslim Feminism Reza Fauzi Nazar; Zara Sofia; Amina Sharipova; Herman Herman
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.81

Abstract

The discourse on Muslim feminism has developed as a critical response to the dominance of patriarchal interpretations that have long influenced the construction of Islamic law, particularly in the field of family law. This study aims to analyse the process of reinterpreting Islamic law from a Muslim feminist perspective by developing a methodological framework that integrates uṣūl al-fiqh, contextual hermeneutics, maqāṣid al-sharī‘ah, and an intersectional perspective. This study employs a qualitative approach with a normative-empirical design through literature review and an examination of the dynamics of Islamic legal practice within a contemporary social context. The findings indicate that gender inequality in family law is more a product of historical interpretative constructions than an inherent consequence of normative Islamic texts. Consequently, reinterpretation based on an integrative approach can produce a framework of ijtihād that is more inclusive, contextual and oriented towards substantive justice. The novelty of this study lies in the development of a methodological model that operationally bridges the epistemology of classical Islamic law with the perspective of contemporary Muslim feminism to support family law reform, protect women’s rights, and strengthen the role of religious courts. These findings make a theoretical contribution to the development of multidisciplinary Islamic legal studies, as well as offering practical implications for the formulation of legal policies that are more responsive to gender justice. However, the validity of the developed model still requires empirical testing across various social contexts and legal systems in Muslim countries.
The Application of Islamic Law in the Social Practices of Indonesia’s Multicultural Society Hasmia Wahyunisa; Abdul Razak; Arifur Rahman; Fatema Khatun
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.82

Abstract

The law is no longer merely obeyed as a sacred text, but is reproduced as an arena of social dialectics steeped in interests, power and cultural compromise. This study aims to comprehensively analyse the process of negotiating Islamic law within the social practices of Indonesia’s multicultural society, and to identify the factors influencing these dynamics. This study employs a qualitative approach with an interpretative socio-legal design to understand Islamic law as a social practice shaped through the interaction between norms, interests, power relations and cultural contexts. The findings indicate that Islamic law can no longer be understood solely as an autonomous normative system, but rather as a social arena that is constantly undergoing construction and reconstruction through processes of meaning negotiation, legitimacy contestation, and compromise among stakeholders within a diverse society. This finding shifts the legal perspective from a textual orientation towards an understanding that positions law as a dynamic social process actively produced by various actors with diverse interests. The novelty of this study lies in its assertion that legal pluralism not only reflects the coexistence of various legal systems but also constitutes a space for the ongoing production of legitimacy. Consequently, the development of legal practice and policy must be directed towards a more dialogical, adaptive and inclusive approach, recognising the diversity of interpretations as an integral part of strengthening the legitimacy of the law within a multicultural society.
Maqāṣid al-Sharīʿah as a Framework for Global Humanitarian Justice Abdur Rohman; Muhammad Nor; Zainab Noor; Abd Rahman; Dewi Putriani Yogosara Lodewijk
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.83

Abstract

The protection of human life and dignity must transcend legal boundaries to encompass a universal and inescapable moral responsibility. This study aims to analyse in depth how the principles of maqāṣid al-sharīʿah can be articulated as a normative foundation for global humanitarian justice, and how this concept can be implemented in response to various contemporary humanitarian challenges. This study employs a qualitative approach with a conceptual–normative analytical design, combined to a limited extent with exploratory empirical research. The results indicate that positioning maqāṣid al-sharīʿah as a framework for global humanitarian justice not only represents an effort to reinterpret the Islamic legal tradition but also offers an epistemological contribution to enriching global ethical discourse, which has predominantly been shaped by secular and technocratic approaches. Focused on the public interest, the protection of human dignity and substantive justice, the maqāṣid al-sharīʿah present a normative perspective that is more holistic, contextual and centred on human needs, thereby having the potential to serve as an alternative ethical foundation for responding to various contemporary humanitarian challenges in a fairer, more inclusive and sustainable manner.
The Interaction between Islamic Law and the Global Economic System Haifsah Fikriah; Edi Suhara; Syafrita Huspika; Rahmi Jumiyah; Noorhani Dyani Laksmi
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.86

Abstract

The interaction between Islamic law and global economics can no longer be understood merely as a process of normative adaptation to modern economic dynamics, but rather as an arena of epistemological dialectics that questions the legitimacy, ethics and fundamental orientation of contemporary global economic civilisation. This study aims to comprehensively analyse the dynamics of the relationship between Islamic law and the global economic system by highlighting the processes of integration, challenges, and opportunities for transformation that arise within it through a mixed-methods approach with a sequential exploratory design. The findings indicate that Islamic law, particularly through the reconstruction of values within maqāṣid al-sharī‘ah and its operationalisation in Islamic economics, possesses the capacity not only to adapt to the global economic system but also to offer substantive criticism of the dominance of the financial capitalism paradigm, which tends to generate inequality, speculation, and economic instability. In this context, instruments such as sustainable sukuk, zakat, and waqf serve as concrete representations of the integration of sharī‘ah values into modern economic governance oriented towards distributive justice, social inclusion, and sustainable development. The novelty of this study lies in a paradigm shift from a defensive-compatibility approach towards a transformative approach that positions sharī‘ah as a source of both normative and empirical innovation in building a more ethical and just global economic architecture. However, its implementation still faces challenges in the form of cross-jurisdictional complexities, limitations in the harmonisation of international regulations, and institutional resistance within a global economic system still dominated by neoliberal logic and financial capitalism.
Islamic Legal Philosophy in the Context of Normative Pluralism among Southeast Asian Muslims Indriya Fathni; Johni Najwan; Sulalatun Nikma; Mujiburrohman Mujiburrohman; Leila Hassan
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.87

Abstract

Islamic law can no longer be understood as a single, definitive and hegemonic normative authority, but rather as a dynamic, dialogical epistemic horizon continually negotiated through the interaction among sharīʿah, customary law and state law. This study aims to provide a comprehensive analysis of the philosophy of Islamic law within the context of Muslim normative pluralism in Southeast Asia, focusing in particular on how the philosophical principles of Islamic law are employed to understand, explain and evaluate the diversity of norms emerging within multicultural societies. This study employs a qualitative, interpretative-critical approach to Islamic legal philosophy, with conceptual and contextual analysis. The findings indicate that the dynamics of the relationship between Islamic law, customary law and state law in Indonesia, Malaysia and Brunei Darussalam constitute a significant source for the revitalisation of the epistemology of Islamic law itself, as law is no longer positioned as a monolithic, closed system, but rather as an arena for ethical dialogue that is continually shaped through social practice, normative negotiation and collective ijtihād. Through the integration of the concepts of epistemological hybridisation, normative co-existence and negotiation, and the development of maqāṣid al-sharīʿah grounded in pluralism, this study broadens the horizons of Islamic legal philosophy from the classical normative framework towards a transformative paradigm that is more inclusive, adaptive and responsive to the complexities of multicultural societies, whilst affirming that the flexibility of Islamic law is not a deviation from sharīʿah, but rather a fundamental prerequisite for its sustainability and relevance in the face of contemporary social dynamics.
Islamic Legal Philosophy in a Reinterpretation of Social Justice Qadriani Arifuddin; Sitti Arfah Mattana; Abdul Aziz; Erwin Saputra; Heryanto Akkas
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.88

Abstract

When justice (‘adl) in Islamic law is reduced to a textual adherence devoid of social context, a philosophical reinterpretation becomes imperative. This study aims to reconstruct the concept of social justice in Islamic law through an integrative and critical approach to the philosophy of law. This study employs a qualitative approach with a legal philosophy analysis design that is both normative-critical and interpretative-hermeneutic. The results confirm that the main problem with contemporary Islamic law does not fundamentally lie in the limitations of the norms or the absence of the principle of justice in the sources of sharī‘ah, but rather in an epistemological failure to reinterpret justice as a living, dynamic and contextual social praxis. In empirical reality, Islamic law is often trapped in a legalistic approach that prioritises textual compliance as the primary objective, thereby neglecting the substantive dimension of justice itself. Consequently, the law risks becoming an instrument for legitimising social inequality, particularly when legal interpretation is influenced by patriarchal biases, political interests and economic domination that hinder the protection of vulnerable groups. Therefore, this study emphasises the need for a paradigm shift from a focus on formal compliance towards contextual justice that integrates the maqāṣid al-sharī‘ah, prophetic ethics, and modern theories of social justice within a single transformative framework which not only upholds the normative legitimacy of Islamic law but also ensures its relevance in addressing contemporary issues of injustice.

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