LOGO

Search

Articles lock_open

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.

Pages: 1-11
Articles lock_open

Strengthening Muslim Family Resilience through the Maqāṣid-Based Climate Family Resilience (MCFR) Model

Kaosar Hayeejehwee EG , Ahza Rumaisha Putri Ahyani ID , José Manuel Naranjo Gómez ES

Background: Climate mobility increasingly affects Muslim families by disrupting marriage stability, child protection, inheritance, maintenance obligations, and access to justice. Existing studies primarily address climate mobility from environmental or human rights perspectives, while a comprehensive Islamic family law framework grounded in maqāṣid al-sharīʿah remains underdeveloped. This study proposes a Maqāṣid-Based Climate Family Resilience (MCFR) Model through comparative analysis of Egypt, Indonesia, and Spain.

Methods: This study employs a qualitative comparative socio-legal approach integrating doctrinal legal analysis, comparative Islamic family law, policy analysis, and documentary research. The analytical framework combines maqāṣid al-sharīʿah, Climate Justice Theory, Family Resilience Theory, and Legal Pluralism Theory.

Results: The findings indicate that climate mobility generates similar legal and social challenges across the three jurisdictions despite differing legal traditions. The MCFR Model integrates the five objectives of maqāṣid al-sharīʿah with climate justice, adaptive family governance, legal pluralism, and institutional collaboration to strengthen Muslim family resilience.

Discussion: The proposed model extends Islamic family law scholarship by providing a normative and adaptive framework that harmonizes religious principles with climate-responsive legal governance while promoting legal certainty, family welfare, and social justice.

Conclusion: Strengthening Muslim family resilience requires an integrated Islamic legal framework capable of addressing climate-induced family vulnerabilities. The MCFR Model offers a practical and theoretically grounded approach for climate-responsive family law reform in diverse legal systems.

Novelty: This study introduces the MCFR Model as an original comparative socio-legal framework linking maqāṣid al-sharīʿah, climate mobility, family resilience, and legal pluralism within contemporary Islamic family law.

Pages: 37–48
1 - 2 of 2 items