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Human Rights in Islamic Family Law and Statutory Regulations: Challenges and Interactions Across Countries

Heni Widianingsih ID , Muhammad Safdar Bhatti PK

Background: Islamic family law, derived from Sharia, and national statutory laws are crucial for protecting human rights, particularly in areas such as marriage, divorce, and child custody. While Islamic law emphasizes the preservation of family integrity and individual well-being, its interpretation and application often intersect with national legal frameworks, raising questions about the compatibility of religious principles with international human rights standards. This study aims to explore the relationship between human rights principles and Islamic family law, focusing on how these laws are applied in diverse cultural and legal contexts.

Methods: This research employs a qualitative approach, using case studies from different countries to explore the interaction between human rights principles and Islamic family law. The analysis examines how Islamic family law addresses human rights issues such as gender equality, fair treatment in divorce, and the protection of children’s welfare. The study also considers the socio-cultural and legal factors influencing the enforcement of these rights within different legal systems.

Results: The findings indicate that Islamic family law addresses key human rights concerns but faces challenges when applied within national legal frameworks, especially in multi-religious and pluralistic societies. In some cases, the interpretation of Sharia law can conflict with international human rights standards, particularly in issues related to gender equality and the rights of women in divorce proceedings. The study also highlights the variations in how these issues are addressed across different countries, reflecting the complexity of balancing Sharia law with statutory regulations.

Discussion: This study discusses the challenges of reconciling Sharia law with human rights norms, particularly in countries where there is a multi-religious or pluralistic society. It emphasizes the importance of balancing religious principles with international human rights standards to ensure the protection of fundamental rights. The research calls for greater dialogue between religious and legal authorities to harmonize Islamic family law with human rights frameworks.

Conclusion: The study concludes that while Islamic family law provides a foundation for protecting human rights, there are significant challenges in its application, particularly in countries with diverse legal traditions. Addressing these challenges requires a more nuanced approach that takes into account both religious principles and international human rights standards to create a legal system that is fair and inclusive.

Novelty: This research offers new insights into the complexities of integrating Islamic family law with international human rights standards. By examining case studies from various countries, it highlights the socio-cultural and legal factors that influence the enforcement of human rights within Islamic legal systems. The study contributes to the understanding of how religious legal systems can coexist with modern human rights frameworks, offering practical recommendations for improving the protection of human rights in Islamic family law contexts.

Pages: 1-15
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Negotiating Divine Shares: Comparative Dynamics of Islamic Inheritance Law in Yemen and Indonesia

Refy Faridatul Azqia ID , Imron Hamzah bin Syuhud YE , Muzacky Luluil Ma’nun ID , Mahendra Mahendra ID , Inayatul Khoeriyah ID

Background: Islamic inheritance law (faraidh) sets normative rules for estate distribution, but its socio-legal application varies across contexts. This study compares Mukalla (Yemen) and Kedungreja (Indonesia) to examine how legal pluralism mediates inheritance practices and balances textual fidelity with local socio-cultural adaptation.

Methods: Qualitative comparative analysis using interviews and document review in Mukalla and Kedungreja, analyzed through thematic coding.

Results: Two coherent models of inheritance implementation emerged. Mukalla demonstrates doctrinal continuity, where Shāfiʿī jurisprudence and religious institutions ensure textual fidelity and centralized authority. Kedungreja reflects a negotiated, context-sensitive approach, integrating family deliberation, customary norms, and state law, resulting in flexible outcomes.

Discussion: The findings illustrate that Islamic inheritance law operates as a living legal system, dynamically shaped by authority structures, interpretive frameworks, and socio-cultural environments.

Conclusion: Legal pluralism mediates the balance between normative prescriptions and social realities, confirming that both textual fidelity and contextual adaptation are legitimate manifestations of Islamic law.

Novelty: By combining normative fiqh analysis with empirical socio-legal comparison, the study provides an internationally relevant framework for understanding Islamic inheritance law across diverse institutional and cultural contexts.

Pages: 17-33
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Strengthening Scopus Indexation to Preserve Religion and Knowledge in Islamic Academia of Asia and Europe

Elsa Hidayati ID , Widadatul Ulya ID , Dede Abdurohman ID , Adang Sonjaya ID , Mahdi Zuhri ID , Lina Siti Latifah ID , Vera Nurhalimah ID , Dien Kalpika Kasih ID , António José Pereira Figueiredo PT , Vivin Damayanti ID

Background: The increasing emphasis on Scopus indexation has reshaped academic governance and knowledge production globally. In Islamic scholarly contexts across Asia and Europe, integrating core Maqashid Shariah principles—particularly Hifdz al-Din (preservation of religion) and Hifdz al-‘Ilm (preservation of knowledge)—into publication practices has become essential to align scientific rigor with ethical and spiritual values.

Methods: This study adopts a qualitative design using Critical Discourse Analysis (CDA) on institutional policies, editorial guidelines, and academic publications from Islamic journals in Asia and Europe. The analysis examines how discursive practices influence ethical standards, epistemic priorities, and governance mechanisms in scholarly communication.

Results: Findings indicate that Scopus-oriented indexing enhances international visibility, citation impact, and cross-regional collaborations. Simultaneously, journals emphasizing Hifdz al-Din and Hifdz al-‘Ilm demonstrate greater adherence to ethical publication practices, critical-analytical reasoning, and socially responsible scholarship.

Discussion: Integrating religious and intellectual preservation principles moderates metric-driven pressures, fostering a balanced epistemic culture. Journals guided by these principles navigate tensions between global performance indicators and the moral, ethical, and spiritual responsibilities of Islamic scholarship.

Conclusion: Strengthening Scopus indexation within the framework of Hifdz al-Din and Hifdz al-‘Ilm improves scholarly visibility while safeguarding the integrity, ethical standards, and transformative mission of Islamic knowledge in Asia and Europe.

Novelty: This research provides a critical perspective on combining international indexing strategies with Maqashid Shariah values, emphasizing how Islamic academic institutions can enhance global recognition without compromising ethical, spiritual, and intellectual foundations.

Pages: 18-33
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Comparative Analysis of Dam Tamattuʿ Regulation Across Muslim Countries: Legal, Governance, and Maqāṣid Perspectives

Muhammad Safdar Bhatti PK , Imam Tabroni ID , Haris Maiza Putra ID , Yono Sudiono ID , Arief Efendi ID , Cut 'Izza Afkarina ID , Rahma Syahida ID , Nafingatul Adwa ID , Sartono Sartono ID , Farhan Abdurrohman ID

Background: The regulation of dam tamattuʿ has become increasingly significant in Muslim-majority countries due to the growing number of Hajj pilgrims, administrative reforms, and differing interpretations of Islamic law regarding sacrificial obligations. Indonesia has attracted attention through its evolving governance policies emphasizing transparency, efficiency, and socio-economic welfare.

Methods: This study employed a qualitative-comparative approach by analyzing government regulations, fatwas, official Hajj policies, and scholarly literature from Indonesia, Saudi Arabia, Malaysia, Turkey, Pakistan, and Bangladesh. Data were examined using document analysis and comparative thematic analysis.

Results: The study identifies two dominant regulatory models: the classical-territorial model, requiring dam implementation in the Haram area, as practiced in Saudi Arabia, Malaysia, Pakistan, and Bangladesh; and the contextual-administrative model in Indonesia, which emphasizes governance efficiency, transparency, and public welfare. Digital governance also plays an increasing role in improving accountability and administrative effectiveness.

Discussion: Indonesia demonstrates a hybrid model integrating state administration, religious authority, and maqāṣid al-sharīʿah-oriented legal reform. This approach reflects an adaptive interpretation of Islamic law that balances ritual compliance with contemporary social and administrative needs.

Conclusion: The regulation of dam tamattuʿ reflects the dynamic interaction between classical fiqh, modern governance, and contemporary socio-economic realities. The integration of maqāṣid al-sharīʿah strengthens ethical and welfare-oriented pilgrimage governance.

Novelty: This study provides a comparative analysis integrating Islamic legal reform, pilgrimage governance, and maqāṣid al-sharīʿah perspectives across several Muslim-majority countries.

Pages: 1-17
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Dynamics of Critical Thinking Among Islamic Family Law Students: A Study at STISA Ash-Shofa Manonjaya Tasikmalaya, Indonesia

Ais Surasa ID , Arwansyah bin Kirin MY

Background: Critical thinking is an essential competency for Islamic Family Law students because they are expected to interpret legal texts, evaluate contemporary legal issues, and formulate evidence-based arguments grounded in Islamic jurisprudence. However, its development in Islamic higher education remains constrained by conventional teaching practices that limit analytical inquiry and contextual legal reasoning.

Methods: This study employed a qualitative case study at STISA Ash-Shofa Manonjaya. Data were collected through semi-structured interviews with students and lecturers, classroom observations, and document analysis. The data were analyzed using thematic analysis to identify the dynamics, influencing factors, and pedagogical strategies shaping critical thinking.

Results: The findings indicate that although students possess adequate conceptual knowledge of Islamic Family Law, their analytical reasoning remains limited when addressing contemporary legal issues. Critical thinking is influenced by both internal factors, such as learning motivation and self-confidence, and external factors, including lecturer-centered instruction, limited case-based learning, and classroom learning culture.

Discussion: These findings demonstrate that critical thinking develops through the interaction between students' individual readiness and supportive pedagogical environments. Student-centered learning, authentic legal cases, collaborative discussion, and reflective learning can substantially strengthen analytical competence.

Conclusion: Enhancing critical thinking requires pedagogical innovation and institutional support that integrate active learning with contextual legal experiences to prepare graduates for contemporary Islamic legal challenges.

Novelty: This study proposes a context-sensitive pedagogical framework that integrates the perspectives of students and lecturers, offering practical guidance for curriculum development and instructional innovation in Islamic Family Law education.

Pages: 35–53
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Applying Ma‘na-cum-Maghza Hermeneutics to Prophet Isa’s Ascension for Enhancing Interreligious Dialogue and SDG 16

Hisyam bin Hamid Albandiyi ID , Ma'adul Yaqien Makkarateng TR , Abdul Syatar ID , Indrius Kuklys LT , Faradila Hasan ID , Izzah Munisah Farhati ID , Muhammad Safiq Wildan ID , Tofiq Kurohman ID , Rahila Sayidah Afifah Khansa ID , Tusiem binti Abdussyakur Kasmuri ID

Background: The ascension of Prophet Isa (Jesus) in Islamic theology highlights his prophetic authority and divine protection. This study examines how this theological event can foster interreligious dialogue, contributing to SDG 16 by promoting peace, justice, and strong institutions.

Method: A qualitative literature-based approach was employed, analyzing primary texts (Qur’an, Bible) and scholarly works on interfaith perspectives. The Ma‘na-cum-Maghza hermeneutic method was used to interpret historical meaning, intended purpose, and contemporary relevance of the ascension narrative.

Results: Findings indicate that Islam views Isa’s ascension as divine affirmation of prophethood, Christianity emphasizes miraculous aspects, Judaism does not recognize it doctrinally, while Hindu and Buddhist perspectives interpret Isa symbolically. The Ma‘na-cum-Maghza approach translates these theological insights into contemporary values supporting interreligious understanding.

Discussion: The study demonstrates that Islamic theological interpretation of Isa’s ascension can guide interreligious education and community initiatives, promoting justice, peace, and social harmony.

Conclusion: Applying the Ma‘na-cum-Maghza hermeneutics connects classical textual meanings with modern interfaith dialogue, enhancing contributions to SDG 16.

Novelty: This research uniquely bridges classical Islamic texts and contemporary interreligious dialogue using the Ma‘na-cum-Maghza method.

Pages: 66–81
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Strengthening Islamic Fiscal Governance: Socio-Legal Analysis of Culinary Taxation in Asia, Africa, Europe

Audy Zakiyatul Kamilah ID , Adamu Abubakar Muhammad NG , Najla Isna Zahrani ID , Arif Saeful Anwar ID , Hasanah Abd Khafidz MY , Muhammad Nizar ID , Naelul Azmi ID , Lina Kuklienė LT

Background: Islamic fiscal governance integrates law, ethics, and public finance in Muslim-majority societies. Culinary taxation policies illustrate how modern fiscal systems can align with Islamic principles of justice, transparency, and public welfare. This study examines such policies across three continents—Asia, Africa, and Europe—focusing on Indonesia, Malaysia, Nigeria, and Lithuania.

Methods: A qualitative comparative socio-legal approach was applied. Data were collected from policy documents, scholarly literature, and media discourse. The analysis employed fiqh siyasah maliyah, the principle of maslahah, and socio-legal theory to assess legal interpretation, ethical alignment, and public legitimacy across diverse legal, institutional, and cultural contexts.

Results: All countries use taxation to support public welfare, but implementation varies: Indonesia employs decentralized regional regulations; Malaysia integrates Islamic administrative frameworks; Nigeria uses hybrid Sharia-civil law systems; and Lithuania applies secular legal structures. Policies aligned with justice, proportionality, and transparency achieve higher public acceptance, whereas misaligned implementation produces socio-economic tensions and limits legitimacy.

Discussion: Islamic fiscal principles demonstrate flexibility across political, legal, and cultural contexts. Harmonizing fiscal objectives with ethical and welfare-oriented principles fosters public trust and positive socio-economic outcomes. Institutional capacity, legal pluralism, and ethical communication are key factors in effective implementation.

Conclusion: Comparative analysis confirms that Islamic fiscal governance can coexist with contemporary taxation systems when guided by ethical and socio-legal principles. Principles of maslahah, justice, proportionality, and transparency enhance legitimacy and socio-economic balance across contexts.

Novelty: This study offers a multi-continental socio-legal framework linking Islamic fiscal ethics with contemporary taxation, showing practical adaptability in diverse modern settings.

Pages: 34-54
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Islamic Educational Epistemology of Kiai Bandi and Ulama Cadres Formation in Java and Sumatra

Muharir Muharir ID , Maria Noor PK , Diah Permasih ID , Hamid bin Ahmad Mafahir Albandiyi ID , Muslimin bin Abdussyakur Kasmuri ID , Vanesa Flora ID , Fatma Komalasari ID , Achmad Malikuzh Zhahir ID , Riadatun Riadatun ID

Background: Kiai Bandi Bin Kiai Sa’id Lakbok (1901–1951) was a prominent Islamic scholar in Ciamis, West Java, whose educational approach combined traditional pesantren pedagogy with the cultivation of moral character and leadership. His teaching contributed to the formation of ulama cadres across Java and Sumatra, yet systematic studies on his epistemological approach remain limited.

Method: This study employed a qualitative historical-descriptive method, utilizing interviews with family members and disciples, historical literature, and field documentation to trace Kiai Bandi’s educational practices and the spread of his students.

Results: Kiai Bandi initially taught a small group of disciples in Desa Tambakreja, Ciamis, including Kiai Sukemi, Kiai Bashoir, Kiai Majalikin, Kiai Delan, and Kiai Shobrowi, later mentoring others such as Simbah KH. Makmur, Kiai Sanusi, Kiai Adurrohim, and ulama in Ciklapa, Sidareja, Banjarnegara, Lampung, and beyond. His students established educational networks that disseminated his epistemology widely, integrating religious knowledge, ethics, and spirituality.

Discussion: The study highlights how Kiai Bandi’s approach strengthened Islamic education through personalized mentorship, pesantren-based pedagogy, and community engagement via pilgrimage and annual commemoration (haul) events, which also supported local socio-economic development.

Conclusion: Kiai Bandi’s educational epistemology effectively cultivated moral, spiritual, and leadership qualities among ulama, providing a resilient model of traditional Islamic education still relevant in contemporary Muslim communities in Java and Sumatra.

Novelty: This study is the first to systematically document Kiai Bandi’s educational epistemology and its impact on ulama networks across both Java and Sumatra, linking traditional pesantren learning with broader socio-cultural influence.

Pages: 34–47
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Operationalizing Ushuliyah Principlesfor Ethical AI and Digital Legal Decision-Makingin Contemporary Islamic Law

Heni Dwi Wandira ID , Mowafg Abrahem Masuwd LY

Background: The rise of Artificial Intelligence (AI) and digital platforms poses challenges for Islamic law in finance, fatwa formulation, and dispute resolution. Ushuliyah principles—al-Am, al-Khas, al-Amru, and an-Nahyu—offer a classical framework to guide Sharia-compliant AI implementation.

Methods: A systematic library review was conducted on 17 sources (peer-reviewed journals, classical fiqh texts, MUI and IIFA fatwas, 2022–2025), selected for relevance to AI, digital law, and Maqāṣid al-Sharī‘ah compliance.

Results: Al-Am and al-Khas provide general and context-specific rules for AI, ensuring Sharia-compliant outputs. Al-Amru and an-Nahyu guide commands and prohibitions. Illustrative applications include AI-assisted halal investment screening, predictive zakat distribution, and preliminary fatwa generation. Human oversight is essential to address ethical dilemmas and algorithmic bias.

Discussion: Applying Ushuliyah principles in AI governance demonstrates the operational relevance of classical jurisprudence. A hybrid model—AI efficiency plus scholarly discretion—supports ethical, Sharia-compliant digital decision-making.

Conclusion: Ushuliyah methodology offers a practical framework for ethical AI in Islamic digital law, balancing automation with human oversight and Maqāṣid-aligned outcomes.

Novelty: This study bridges classical jurisprudence and AI, providing actionable guidance for scholars, developers, and policymakers in contemporary Islamic legal contexts

Pages: 31-48
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Digitalization and Maqāṣid Al-Sharīʿah: Navigating Halal Lifestyle in Indonesia

Hisam Ahyani ID , Zakiyyu Muhammad NG

Background: Rapid digitalization has fundamentally transformed the global halal ecosystem by integrating digital technologies into halal certification, electronic commerce, Islamic finance, tourism, pharmaceuticals, education, and supply-chain management. In Indonesia, digital innovation has accelerated the development of a modern halal lifestyle by improving accessibility, efficiency, and market connectivity while simultaneously creating new governance challenges related to regulatory fragmentation, institutional coordination, consumer trust, digital literacy, and compliance with the objectives of Islamic law (Maqāṣid al-Sharīʿah). Although previous studies have examined digital technologies or halal governance separately, limited research has integrated both perspectives within a comprehensive Islamic governance framework capable of explaining how technological innovation can simultaneously promote ethical governance and sustainable public welfare.

Methods: This study employed a qualitative doctrinal research design through a systematic literature review. Data were collected from peer-reviewed journal articles, legal regulations, policy documents, and authoritative publications concerning digitalization, halal governance, and Islamic law. The collected data were analyzed using thematic content analysis, comparative analysis, interpretive analysis, and source triangulation. Maqāṣid al-Sharīʿah served as the principal analytical framework for evaluating how digital technologies contribute to transparency, accountability, consumer protection, institutional collaboration, and sustainable halal ecosystem development.

Results: The findings demonstrate that digital technologies—including halal e-commerce platforms, electronic halal certification, blockchain-enabled traceability, Internet of Things (IoT), and digital compliance systems—significantly improve transparency, accessibility, operational efficiency, and stakeholder participation within Indonesia's halal ecosystem. Nevertheless, their implementation remains constrained by fragmented regulations, inconsistent certification practices, technological disparities, limited digital literacy, insufficient interoperability, and weak institutional collaboration. To address these challenges, this study develops the Maqāṣid-Based Digital Halal Governance Framework (MDHGF) as a conceptual model integrating digital technologies, halal governance, stakeholder collaboration, and the five objectives of Maqāṣid al-Sharīʿah.

Discussion: The proposed framework demonstrates that effective digital halal governance requires collaborative engagement among government institutions, halal certification authorities, technology providers, business actors, academic institutions, and Muslim communities. By positioning Maqāṣid al-Sharīʿah as the ethical and normative foundation of digital governance, the framework strengthens legal certainty, institutional accountability, consumer confidence, transparency, and public welfare while supporting sustainable digital transformation across the halal industry.

Conclusion: Sustainable digitalization of the halal ecosystem cannot be achieved solely through technological advancement. Instead, it requires adaptive governance, coherent regulations, institutional collaboration, and continuous integration of Islamic legal objectives into digital innovation to ensure that technological development contributes to justice, transparency, consumer protection, and long-term societal welfare.

Novelty: The novelty of this study lies in proposing the Maqāṣid-Based Digital Halal Governance Framework (MDHGF), which integrates digital technologies, stakeholder collaboration, halal governance, and the five objectives of Maqāṣid al-Sharīʿah into a unified conceptual model. This framework provides both a theoretical contribution to the literature on Islamic digital governance and practical guidance for policymakers, halal certification authorities, industry, and researchers in developing a resilient, ethical, and sustainable digital halal ecosystem in Indonesia and other Muslim-majority countries.

Pages: 16-34
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