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MUHAMMAD IMAN KURNIAWAN
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Al Hukm: Journal of Islamic Legal Studies
Published by Cv. Kayaswara
ISSN : -     EISSN : 31637876     DOI : -
Core Subject :
Al Hukm: Journal of Islamic Legal Studies is a scientific journal that reviews contemporary issues in Islamic legal thought, focusing on new and popular Islamic legal ideas and practices. This journal not only discusses issues of fiqh (legal cases), but also covers Islamic legal philosophy, legal theory, development of maqasid, islamic economic law and the relationship between Islamic legal ideas and modern social sciences. In addition, this journal also discusses specific issues related to the practical implementation of Islamic law and its complexity in Indonesia and other Muslim regions. Therefore, this journal invites contributions from scholars who specialize in Islamic legal studies, as well as social sciences and humanities.
Arjuna Subject : -
Articles 5 Documents
 1 
Regulating the Unregulated: Legal Gaps in Green Finance, Light Pollution, and Surrogacy Under Civil Law Frameworks Nasywa Nidaul Azmi; Mazaya Luthfillah
Al Hukm: Journal of Islamic Legal Studies Vol. 1 No. 01: Al Hukm: Journal of Islamic Legal Studies (June 2026)
Publisher : Cv. Kayaswara

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Abstract

The rapid evolution of global socio-economic and environmental realities has outpaced the development of civil law frameworks in several critical domains. This article examines three distinct yet interconnected areas of legal underregulation: green finance, light pollution, and surrogacy. Through a doctrinal legal analysis complemented by a comparative law approach, this study identifies the structural deficiencies in existing civil law systems that leave these domains inadequately governed. In the realm of green finance, the absence of standardized taxonomies and enforceable obligations creates opportunities for greenwashing and undermines sustainable development goals. Regarding light pollution, the lack of recognition as a legally cognizable harm within civil liability frameworks leaves affected communities without meaningful remedies. In the case of surrogacy, inconsistent legal treatment across jurisdictions generates conflicts of law, particularly concerning the legal parentage and citizenship of children born through surrogacy arrangements. This article argues that the traditional principles of civil law, including the doctrines of nuisance, contractual freedom, and parental rights, require substantial reinterpretation and legislative reform to address these contemporary challenges. The study proposes a unified regulatory framework grounded in civil law principles that can accommodate the unique characteristics of each domain while maintaining internal coherence.
P2P Shariah Lending in the Perspective of Fiqh al-Mu'amalat al-Maliyah: Analysis of Sharia Compliance, Regulatory Challenges, and Maqasid al-Shari'ah in Fintech Lending in Indonesia Hanifa Aulia; Muhammad Ariful Ma'arif
Al Hukm: Journal of Islamic Legal Studies Vol. 1 No. 01: Al Hukm: Journal of Islamic Legal Studies (June 2026)
Publisher : Cv. Kayaswara

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Abstract

Sharia-based peer-to-peer (P2P) lending has grown rapidly as an alternative to Islamic financial services that promise financial inclusion for people who have not been served by conventional or sharia banking. However, the growth of sharia P2P lending platforms presents significant challenges related to compliance with the principles of fiqh al-mu'amalat al-maliyah, operational scalability, and building trust among stakeholders. This study aims to comprehensively analyze the Islamic legal framework that governs sharia P2P lending in Indonesia, including its conformity with maqasid al-shari'ah, as well as examine the regulatory challenges and trust mechanisms applied to promote equitable financial inclusion. Using a qualitative approach through a systematic literature review based on the PRISMA protocol, this study examined 45 scientific articles published between 2018–2025 from the Scopus database, Web of Science, and Google Scholar. The findings show that there are four main dimensions of challenges: (1) the fiqh muamalat framework that requires adaptation to the sharia P2P lending business model, especially related to the prohibition of riba, gharar, and maysir; (2) a regulatory framework that has not fully integrated sharia principles; (3) trust mechanisms that rely on data transparency, platform reputation, and consumer protection in accordance with maqasid al-shari'ah; and (4) limited digital infrastructure in remote areas that hinder scalability. This study concludes that synergy between regulators, the National Sharia Council (DSN-MUI), sharia P2P platforms, and the community is needed to build a sustainable, inclusive, and sharia-compliant sharia P2P lending ecosystem. Practical implications include policy recommendations for the Financial Services Authority (OJK) and DSN-MUI as well as strategies for developing trust mechanisms based on Islamic values.
Environmental Jurisprudence (Fiqh al-Bi’ah): Formulating Islamic Legal Responses to the Contemporary Ecological Crisis through the Lens of Maqasid al Shari’ah Nur Helmy Iffah Wafiyah
Al Hukm: Journal of Islamic Legal Studies Vol. 1 No. 01: Al Hukm: Journal of Islamic Legal Studies (June 2026)
Publisher : Cv. Kayaswara

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Abstract

This article examines the theoretical foundations and practical formulation of fiqh al-bi’ah (Islamic environmental jurisprudence) as a normative legal framework for addressing the contemporary ecological crisis. Employing a qualitative-analytical methodology grounded in uṣūl al-fiqh (Islamic legal theory) and maqāṣid al-sharī’ah (higher objectives of Islamic law), this study interrogates the classical jurisprudential corpus to extract, systematize, and reformulate ecological principles responsive to twenty-first-century environmental degradation. The analysis demonstrates that the Qur’anic concepts of khilāfah (vicegerency), amānah (trust), and mīzān (balance) constitute a coherent eco-theological paradigm from which binding legal norms can be derived. The study proposes an expanded maqāṣid framework that incorporates ḥifẓ al-bi’ah (preservation of the environment) as a sixth essential objective alongside the five classical ḍarūriyyāt. Through critical engagement with both classical sources and contemporary scholarship, the article argues that fiqh al-bi’ah represents not merely an ethical aspiration but a juridically actionable domain capable of generating enforceable rulings on pollution, resource depletion, biodiversity loss, and climate change. The findings contribute to ongoing debates in Islamic legal philosophy regarding the adaptability of sharī’ah to emergent global challenges and offer a framework for Muslim-majority states to integrate ecological imperatives into positive law.
Assessing Sharia Compliance of Indonesian Sovereign Sukuk via the Underlying Asset Principle Sharifurrohman Hoh; Zulfikar Yahya Anhar
Al Hukm: Journal of Islamic Legal Studies Vol. 1 No. 01: Al Hukm: Journal of Islamic Legal Studies (June 2026)
Publisher : Cv. Kayaswara

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Abstract

This study evaluates the Sharia compliance of Indonesia's sovereign sukuk (Surat Berharga Syariah Negara, SBSN) issued between 2008 and 2024 a programme whose cumulative gross issuance now exceeds IDR 2,000 trillion focusing on the underlying-asset principle that anchors Islamic capital-market instruments to tangible economic value. Using a qualitative normative-juridical method, it analyses primary legal sources Law No. 19 of 2008 on SBSN, DSN-MUI Fatwas No. 69–72 of 2008, and AAOIFI Sharia Standard No. 17 together with official issuance documentation. The analysis argues that although Indonesia has built a comprehensive regulatory and fatwa architecture, the predominant asset-based ijarah sale-and-lease-back structure transfers only usufruct rights (hak manfaat) rather than legal ownership, sustaining a gap between formal documentation and economic substance in asset tangibility, ownership transfer, and valuation adequacy. As its principal contribution, the study proposes and operationalises a Tripartite Compliance Framework (TCF) that assesses sovereign sukuk across legal-regulatory, economic-substantive, and theological-ethical dimensions, replacing binary compliant/non-compliant verdicts with a graded compliance profile. For Indonesia, the framework implies that DJPPR, DSN-MUI, and OJK should strengthen asset identification, institute ongoing Sharia audit, and expand project-based issuance to narrow the form substance gap
Dispute Resolution in Islamic Economics: A Comparative Study of Dispute Settlement Mechanisms in Indonesia and Malaysia Dinta Kharisma Almeira; Chetrine Alya Rinaima; Athia Nur Kamilah
Al Hukm: Journal of Islamic Legal Studies Vol. 1 No. 01: Al Hukm: Journal of Islamic Legal Studies (June 2026)
Publisher : Cv. Kayaswara

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Abstract

This article provides a comprehensive comparative analysis of Islamic economic dispute resolution mechanisms in Indonesia and Malaysia, two of the largest Muslim-majority nations in Southeast Asia with rapidly expanding Islamic finance sectors. Employing a normative-juridical approach complemented by comparative legal methodology, this study examines the legislative frameworks, institutional architectures, and procedural modalities governing the settlement of Sharia economic disputes in both jurisdictions. The findings reveal that Indonesia adopts a dual-track system wherein the Religious Courts (Pengadilan Agama) exercise primary adjudicatory jurisdiction over Sharia economic disputes following the enactment of Law No. 3 of 2006, while the National Sharia Arbitration Board (Basyarnas) provides alternative dispute resolution services. Malaysia, by contrast, has developed an integrated framework anchored in the Shariah Advisory Council (SAC) of Bank Negara Malaysia, whose rulings possess binding authority over all courts and arbitral tribunals adjudicating Islamic financial matters. The comparative analysis demonstrates that each jurisdiction has developed contextually appropriate mechanisms shaped by distinct constitutional arrangements, colonial legacies, and legal traditions. This article proposes a harmonization framework that leverages the institutional strengths of both systems, offering policy recommendations for enhancing legal certainty, procedural efficiency, and Sharia compliance in Islamic economic dispute resolution across the ASEAN region

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