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Vol. 1 No. 1 (2024): December

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Legal Politics in Transforming Islamic Norms in Sexual Violence Law: A Maqasid al-Shariah Analysis

Rizki Maulana ID , Imron Hamzah ID , Muhammad Safdar Bhatti PK

Background: Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) marks a significant shift in Indonesia's criminal law reform by adopting a victim-centered approach. However, inconsistent implementation and limited scholarship explaining how legal politics transforms Maqāṣid al-Sharīʿah into statutory law remain important challenges.

Methods: This study employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials include the 1945 Constitution, the TPKS Law, and related legislation, while secondary materials comprise scholarly works on legal politics, victim protection, and Maqāṣid al-Sharīʿah. Data were analyzed through doctrinal legal interpretation using Jasser Auda's systems approach.

Results: The findings show that Indonesia's legal politics has institutionalized victim protection through prevention, rehabilitation, restitution, compensation, and procedural safeguards that substantially correspond with the objectives of Maqāṣid al-Sharīʿah. Nevertheless, institutional fragmentation, inconsistent law enforcement, and victim-blaming continue to hinder effective implementation.

Discussion: The study demonstrates that legal politics serves as a normative bridge linking Islamic legal values, constitutional principles, human rights, and restorative justice within Indonesia's plural legal system.

Conclusion: Effective victim protection requires stronger institutional capacity and consistent implementation aligned with the objectives of Maqāṣid al-Sharīʿah.

Novelty: This study develops a doctrinal framework explaining how legal politics mediates the transformation of Maqāṣid al-Sharīʿah into Indonesia's victim-centered sexual violence legislation.

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Religious Moderation Approach through Islamic Family Law and Siyāsah Fiqh: Challenges of the Digital Era in Banjar City, West Java, Indonesia

Encep Taufik Rahman ID , Naelul Azmi ID , MA. E. Dunur’aeni ID , Md Yazid Ahmad MY

Background: The rapid growth of digital technology has transformed Islamic legal services and religious authority, raising important questions about the implementation of religious moderation in Islamic family law and siyāsah fiqh. However, empirical studies on how these changes are locally practiced in Indonesian municipal contexts, especially in Banjar City, are still limited.

Methods: This study uses a qualitative case study approach. Data were collected through semi-structured interviews with Islamic scholars, government officials, and community actors, as well as document analysis of digital legal platforms such as online marriage registration systems and e-governance services. Data were analyzed using thematic analysis.

Results: Digitalization has improved administrative efficiency and access to Islamic family law services, especially in marriage and divorce registration. However, limited standardization, weak regulatory oversight, and differences in legal interpretation have created legal uncertainty and reduced public trust. Digital spaces also both support and challenge moderate religious discourse.

Discussion: These findings show that digital transformation affects not only administrative systems but also religious authority and legal interpretation. This situation highlights the need to balance technological development with Islamic ethical principles based on maqāṣid al-sharīʿah and religious moderation.

Conclusion: Religious moderation plays an important role in managing the relationship between digital technology and Islamic legal governance in Banjar City. Stronger institutional coordination and clear regulations are needed to ensure legal certainty, accountability, and public trust.

Novelty: This study provides empirical insights into how digital governance interacts with Islamic legal moderation at the local level, contributing to socio-legal studies of digital Islam in urban Indonesia.

 

Pages: 12–22
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Zakat and Marketing: Innovative Approaches to Enhance Zakat Distribution in Jigawa State, Nigeria

Yogi Triswandani ID , Zakiyyu Muhammad NG

Background: Zakat is an important Islamic socio-economic instrument for reducing inequality and improving welfare. However, zakat institutions in Nigeria, particularly in Jigawa State, still face challenges in efficiency, transparency, outreach, and distribution effectiveness. Although digital transformation and marketing approaches are widely discussed, limited studies examine their structured application in zakat governance in Nigeria.

Methods: This study uses a qualitative case study approach combined with a literature review. The analysis focuses on zakat practices in Jigawa State and relevant literature on Islamic social finance, digital marketing, and governance transformation. Data are analyzed using thematic analysis.

Results: Findings indicate that digital marketing tools such as online donation platforms, social media, and digital campaigns improve zakat awareness, donor participation, and institutional transparency. These tools also enhance fundraising efficiency and support more targeted zakat distribution.

Discussion: Digital marketing integration reflects a shift toward technology-driven zakat governance. However, its implementation is constrained by the digital divide, limited infrastructure, and low digital literacy, especially in rural areas.

Conclusion: Digital marketing can enhance zakat governance by improving efficiency, transparency, and distribution effectiveness in Jigawa State. Institutional readiness and digital inclusion are essential for sustainable impact.

Novelty: This study proposes a governance-oriented framework for integrating digital marketing into zakat management in Nigeria, emphasizing institutional transformation rather than simple technological adoption.

Pages: 23–33
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Maqāṣid al-Sharīʿah in the Digital Era: Challenges in Islamic Family Law and Halal Lifestyle in Indonesia

Muharir Muharir ID , Sérgio António Neves Lousada PT

Background: The rapid expansion of digital technologies has reshaped digital governance in Islamic socio-legal systems, particularly in Islamic family law and halal lifestyle practices in Indonesia. Although maqāṣid al-sharīʿah provides a normative framework for protecting religion (dīn), life (nafs), intellect (ʿaql), wealth (māl), and lineage (nasl), its operationalization within the halal certification system and broader regulatory framework remains underdeveloped in the digital era.

Methods: This study employs a qualitative approach using systematic literature review, doctrinal analysis, and selected case-based illustrations of digital halal platforms and Islamic legal services. Data were analyzed thematically to assess the alignment between digital governance, Islamic family law, and maqāṣid al-sharīʿah principles.

Results: Findings indicate that digital technologies enhance access, efficiency, and transparency in halal lifestyle consumption and Islamic legal services. However, significant gaps remain in the halal certification system, data reliability, and enforcement within existing regulatory frameworks, increasing risks of maqāṣid misalignment.

Discussion: The study demonstrates that current digital governance structures are insufficient to regulate complex Islamic digital ecosystems. Strengthening integration between Islamic family law, halal lifestyle governance, and institutional regulatory mechanisms is essential.

Conclusion: Digital transformation presents both opportunities and challenges for aligning maqāṣid al-sharīʿah with contemporary regulatory frameworks. Effective governance is required to ensure ethical and legal compliance in digital Islamic systems.

Novelty: This study proposes an integrated maqāṣid-based framework linking digital governance, Islamic family law, halal lifestyle, and the halal certification system within an evolving regulatory environment.

Pages: 34–45
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Protecting Family Integrity from Digital Fraud: Islamic Family Law and ITE Law in WhatsApp Groups

Agus Munjirin Mukhotib Lathif ID , Aliyeva Patimat Shapiulayevna RU

Background: The increasing use of WhatsApp groups in Indonesia has transformed family communication and religious interaction, but it also exposes users to rising risks of digital fraud. Such fraud affects not only financial stability but also trust, emotional security, and family integrity. The integration between Islamic Family Law and Indonesia’s Electronic Information and Transactions Law (UU ITE) in addressing these issues remains underexplored.

Methods: This study applies a qualitative normative legal approach using statutory and doctrinal analysis. Primary sources include the Qur’an, Hadith, classical fiqh literature, and Law No. 11/2008 as amended by Law No. 19/2016 on Electronic Information and Transactions. Data are analyzed thematically to examine legal protection mechanisms against digital fraud in WhatsApp-based family communication contexts.

Results: Findings show that digital fraud in WhatsApp groups contributes to family disputes, mistrust, and weakened social cohesion. UU ITE provides formal legal remedies for cyber fraud, yet its enforcement in family-centered contexts remains limited. Islamic Family Law offers strong moral principles for protecting family integrity but lacks operational mechanisms for digital threats.

Discussion: A normative gap exists between Islamic Family Law and UU ITE in addressing digital fraud. Both systems operate separately, resulting in fragmented protection. An integrative legal approach is needed to connect ethical-religious principles with state legal enforcement, particularly in digital family communication spaces.

Conclusion: Islamic Family Law must evolve by integrating its moral framework with cyber law enforcement mechanisms under UU ITE to ensure comprehensive protection of families in digital environments.

Novelty: This study develops an integrative framework between Islamic Family Law and Indonesian cyber law for addressing digital fraud in WhatsApp groups, contributing to emerging scholarship on digital family protection

Pages: 46–57
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Legal Uncertainty in Indonesia's Mining Sector: Impact on Business, Inheritance, and Asset Division Challenges

Ending Solehudin ID , Supaprawat Siripipatthanakul MY

Background: Legal uncertainty in Indonesia’s mining sector has created challenges not only for business operations but also for the management, inheritance, and distribution of mining-related assets within families. This study examines how regulatory ambiguity affects asset division and inheritance under Islamic law.

Methods: This study employs a qualitative legal research approach through document analysis and case study review. Relevant legal sources include mining regulations, Government Regulation No. 25 of 2024, Presidential Regulation No. 77 of 2024, and Islamic inheritance law (fara'id). Data were analyzed using thematic analysis to identify legal inconsistencies and their implications.

Results: The findings reveal that unclear and inconsistent mining regulations contribute to disputes concerning ownership, control, and transfer of mining-related assets. These uncertainties complicate the implementation of Islamic inheritance principles and often trigger conflicts among heirs and family members.

Discussion: The separation between mining regulations and Islamic inheritance law creates legal ambiguity in family wealth management. The absence of an integrated regulatory framework limits legal certainty and hinders equitable asset distribution in inheritance and post-divorce settlements involving mining businesses.

Conclusion: Strengthening legal harmonization between mining law and Islamic inheritance law is essential to reduce disputes, improve legal certainty, and support fair asset distribution while maintaining business sustainability in the mining sector.

Novelty: This study offers an integrated analysis of mining law and Islamic inheritance law by demonstrating how legal uncertainty in the mining sector affects inheritance governance and family asset distribution in Indonesia.

Pages: 58–68
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Grounding Shariah through the Flexi-Parenting Approach to Achieve Sustainable Development Goals (SDGs) in Family Life

Faradila Hasan ID , Muhammad Abdul Mu'iz ID , Sergey V. Blazhevich RU

Background: Contemporary Muslim families face increasingly complex challenges due to changing gender roles, dual-income households, and shifting parental responsibilities. While Islamic family law provides normative guidance for family life, limited scholarship has systematically integrated Islamic legal principles, maqāṣid al-sharī‘ah, and Sustainable Development Goals (SDGs) into a coherent framework for contemporary parenting. This study addresses this gap by examining Flexi-Parenting as a contextual approach to shared parental responsibilities grounded in Shariah.

Methods: This study employs qualitative normative legal research using doctrinal and conceptual approaches. Primary sources include the Qur’an, Sunnah, classical and contemporary Islamic legal literature, and relevant family law regulations, while secondary sources comprise scholarly works on parenting, family resilience, maqāṣid al-sharī‘ah, and SDGs. Data were analyzed through doctrinal interpretation and qualitative content analysis.

Results: The analysis demonstrates that Flexi-Parenting is consistent with the Islamic principles of ta‘āwun (mutual cooperation), ‘adl (justice), mas’ūliyyah (shared responsibility), and maṣlaḥah (public welfare). The framework supports a contextual distribution of parental responsibilities according to family circumstances while preserving Islamic legal objectives and contributing conceptually to SDG 3, SDG 5, and SDG 16.

Discussion: The findings indicate that Islamic family law possesses interpretive flexibility to accommodate contemporary parenting arrangements without compromising its normative foundations. Integrating maqāṣid al-sharī‘ah with parenting discourse strengthens family resilience and sustainable family development.

Conclusion: Flexi-Parenting provides a contextual Shariah-based framework that promotes balanced parental involvement, family well-being, and the practical relevance of Islamic family law in addressing contemporary social change.

Novelty: This study develops an integrated doctrinal framework that systematically connects Islamic family law, maqāṣid al-sharī‘ah, contextual parental role-sharing, and selected SDGs through the concept of Flexi-Parenting.

Pages: 69–79
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Integrating Shariah Principles in Modern Family and Economic Life for Social Well-being and Justice

Hisam Ahyani ID , António José Pereira Figueiredo PT

Background: Contemporary societies continue to face family instability, economic inequality, and ethical governance challenges. Although previous studies have separately examined Islamic family law and Islamic economic law, limited research has integrated Shariah principles into a unified analytical framework for strengthening family resilience and promoting social justice. This study addresses that gap by examining the practical integration of Shariah principles in contemporary family and economic life.

Methods: This study employed qualitative legal research using a normative-juridical approach supported by comparative case studies. Primary sources included the Qur'an, Hadith, and classical and contemporary fiqh, while secondary sources comprised legislation, Islamic financial regulations, judicial decisions, and peer-reviewed publications. Data were analyzed using thematic content analysis to identify patterns of Shariah implementation across selected Muslim-majority jurisdictions.

Results: The findings indicate that integrating Shariah principles strengthens family resilience through balanced rights, shared responsibilities, and effective dispute resolution. In the economic sphere, the prohibition of riba, implementation of zakat, and risk-sharing mechanisms promote distributive justice, ethical financial practices, and sustainable social welfare.

Discussion: The findings demonstrate that Shariah functions as a normative governance framework capable of addressing contemporary family and economic challenges. However, differences in legal systems, institutional capacity, and socio-cultural contexts influence its practical implementation.

Conclusion: Integrating Shariah principles into family and economic governance provides a coherent framework for advancing justice, public welfare, and sustainable development within contemporary legal systems.

Novelty: Unlike previous studies that discuss family law and Islamic economics separately, this research develops an integrated framework based on Maqāṣid al-Sharī'ah, connecting family governance and economic justice to strengthen social well-being and inform contemporary legal policy.

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Islamic Ethical Reflections on Sant Dionís Day: Love, Culture, and Muslim Family Resilience in Spain

Akhmad Naibul Kholili ID , Lina Kuklienė LT

Background: Muslim families living as religious minorities in Europe frequently encounter challenges in balancing Islamic ethical values with participation in local cultural traditions. Although previous studies have explored Muslim identity, migration, and intercultural integration, limited research has examined how Islamic family ethics shape engagement with secular cultural celebrations such as Sant Dionís Day in Valencia, Spain.

Purpose: This study aims to examine how Muslim families ethically negotiate participation in Sant Dionís Day and to assess whether such engagement is compatible with the principles of akhlaq, fiqh al-usrah, and maqāṣid al-sharī‘ah.

Methods: This study employed a qualitative case study design using semi-structured interviews with seven Muslim families residing in Valencia, complemented by documentary analysis of official cultural sources and relevant scholarly literature. The data were analyzed thematically and interpreted through the framework of maqāṣid al-sharī‘ah to evaluate the ethical dimensions of cultural participation.

Results: The findings identify three patterns of engagement: non-participation to safeguard religious identity, selective participation emphasizing cultural appreciation without compromising Islamic values, and broader participation motivated by civic inclusion. Across these patterns, participants consistently distinguished cultural appreciation from religious imitation through ethical reasoning and contextual judgment.

Conclusion: The study demonstrates that participation in local cultural traditions does not inherently conflict with Islamic family ethics when guided by sound religious knowledge, ethical intentionality, and awareness of Islamic legal boundaries. Such engagement can strengthen family resilience, intergenerational dialogue, and social integration.

Novelty: This study contributes an Islamic ethical framework for understanding Muslim family participation in secular cultural festivals by integrating empirical evidence from Muslim families in Spain with the perspectives of akhlaq, fiqh al-usrah, and maqāṣid al-sharī‘ah, thereby extending current scholarship on Muslim minority resilience in multicultural societies.

Pages: 91–102