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Reconstructing Usul Fiqh and Islamic Family Law for Environmental Justice in the Global South

Kaosar Hayeejehwee EG , Opik Rozikin ID

Climate change poses significant environmental and social challenges for countries in the Global South, which experience disproportionate impacts despite contributing relatively little to global greenhouse gas emissions. While environmental justice has become an important legal and policy concern, the role of Islamic jurisprudence and Islamic family law in addressing climate-related vulnerabilities remains underexplored. This study aims to reconstruct the principles of uṣūl al-fiqh and Islamic family law as normative foundations for promoting environmental justice and climate resilience in Muslim-majority societies. Using a doctrinal legal research method with a normative-analytical approach, the study examines classical and contemporary Islamic legal sources, focusing on maqāṣid al-sharī‘ah, maṣlaḥah, istiṣlāḥ, and sadd al-dharā’iʿ. Data were analyzed through thematic review and normative reconstruction of literature on Islamic family law, environmental justice, and climate governance. The findings indicate that Islamic legal principles provide a flexible framework for integrating environmental protection into legal reasoning. Environmental justice can be interpreted as an extension of maqāṣid al-sharī‘ah, particularly through the protection of life, property, lineage, and intergenerational welfare. Furthermore, Islamic family law can strengthen climate resilience by incorporating environmental responsibilities into family welfare, resource management, and intergenerational obligations. The study’s novelty lies in integrating environmental justice with both uṣūl al-fiqh and Islamic family law, resulting in a reconstructive model that positions environmental justice as an internal objective of Islamic legal reasoning. This framework contributes to the development of Islamic environmental jurisprudence and climate justice initiatives in the Global South.

Pages: 50–65
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Pseudolegal Interpretations and Religious Violence: A Case Study of ISIS and Boko Haram's Extremist Justifications

Salisu Muhammad Gumel NG

Religious extremism presents a major challenge to contemporary legal, political, and religious institutions, particularly when violent groups invoke religious law to legitimize violence and political authority. Although previous studies have examined radicalization, terrorism, and religious extremism, limited research has comparatively explored how extremist organizations construct legal legitimacy through pseudolegal interpretations of Islamic law. This study aims to analyze how ISIS and Boko Haram employ pseudolegal reasoning to justify violence, establish alternative governance systems, and claim religious authority. Using a comparative doctrinal-normative legal approach, the study examines extremist legal narratives through the lenses of Legal Pluralism Theory and Radicalization Theory. The analysis is based on organizational publications, ideological statements, and relevant scholarly literature on Islamic law and extremism. The findings reveal that both ISIS and Boko Haram selectively reinterpret Islamic legal concepts, particularly takfir, to legitimize excommunication, violence, and coercive governance. Takfir functions as a central pseudolegal mechanism through which political opposition is transformed into a religious offense, enabling violence against perceived opponents. The study further demonstrates that these interpretations substantially diverge from mainstream Islamic jurisprudence by disregarding contextual interpretation, scholarly consensus, proportionality, public welfare (maslahah), and the protection of human dignity. The novelty of this study lies in introducing pseudolegal interpretation as a comparative framework linking legal pluralism, radicalization, and extremist governance. However, the study is limited to documentary and textual sources and does not incorporate field-based empirical evidence.

Pages: 1-15
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Presidential Electoral Legitimacy in Indonesia (2004–2019): A Siyasah Syariyyah Analysis

Adamu Abubakar Muhammad NG , Adang Sonjaya ID

Presidential elections constitute a central mechanism for democratic legitimacy in Indonesia’s constitutional system. While previous studies have extensively examined electoral competition, coalition politics, and democratic consolidation, limited attention has been given to how electoral legitimacy can be evaluated through the normative framework of siyasah syariyyah. This gap is significant because legitimacy in Islamic constitutional thought extends beyond electoral victory and encompasses justice (al-‘adl), public welfare (maslahah), and trustworthiness (amanah) as foundational principles of governance. This study analyzes the legitimacy of Indonesia’s presidential elections from 2004 to 2019 by examining the electoral cycles of 2004, 2009, 2014, and 2019 through the perspective of siyasah syariyyah. Employing a qualitative normative-juridical method and doctrinal legal analysis, the study utilizes constitutional documents, electoral regulations, judicial decisions, and relevant scholarly literature as primary sources. The findings demonstrate that electoral legitimacy in Indonesia is shaped not only by constitutional procedures and electoral outcomes but also by the quality of political competition, coalition formation, and public acceptance of electoral results. Using al-‘adl, maslahah, and amanah as analytical indicators, the study finds that democratic legitimacy and Islamic constitutional legitimacy are complementary rather than contradictory. The analysis further reveals that legitimacy is strengthened when electoral processes uphold fairness, promote public welfare, and encourage accountable political leadership. This article contributes to the scholarship on Islamic constitutional law by proposing a siyasah syariyyah-based framework for assessing electoral legitimacy, thereby integrating democratic constitutionalism with Islamic principles of governance in contemporary Muslim-majority states.

Pages: 36–55
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The Digital Marketization of Nikah Siri in Indonesia: Legal Pluralism and the Limits of Marriage Governance

Iyus Rostia Fiqiyah ID , Ma'adul Yaqien Makkarateng TR , Abdul Syatar ID , Indrius Kuklys LT

This article examines the digital marketization of nikah siri (unregistered marriage) in Indonesia within the framework of legal pluralism and its implications for marriage governance. The growing promotion of nikah siri services through social media reflects a structural shift in which unregistered marriage practices are transformed into a digital and commercialized marketplace, generating significant legal and regulatory concerns. Indonesian marriage law, particularly Law No. 1 of 1974 as amended by Law No. 16 of 2019, Government Regulation No. 9 of 1975, and Ministerial Regulation (PMA) No. 30 of 2024, requires official marriage registration, yet unregistered practices persist within overlapping systems of state law, Islamic law, and customary norms. The study employs a socio-legal approach combined with doctrinal legal analysis, using secondary legal sources, regulatory documents, and publicly available digital data. The findings show that platform-based promotion creates regulatory grey zones that weaken state enforcement and expand informal marriage markets involving intermediaries, religious actors, and service brokers. The novelty of this study lies in conceptualizing nikah siri as a digitally mediated, market-driven phenomenon shaped by the interaction of legal pluralism and platform economy dynamics. The study contributes to socio-legal scholarship by highlighting structural limitations in Indonesia’s marriage governance, particularly the gap between legal norms and enforcement capacity. Strengthening regulation requires legal reform and institutional reinforcement of marriage registration alongside adaptive digital governance strategies. The study is limited to doctrinal and socio-legal analysis based on secondary and publicly available digital sources, without fieldwork or interviews, suggesting avenues for future empirical research.

Pages: 64–78
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Beyond Algorithmic Diagnosis: Legal Accountability and Islamic Ethical Governance of AI-Driven Mental Health Systems

Muhamad Ghofir Makturidi ID , Andrey V. Kotyazhov RU , Nur Hafieza Ismail MY , Ghousia Khatoon IQ , Huma Khan IN

The increasing adoption of artificial intelligence (AI) in mental healthcare has transformed the identification, monitoring, and management of psychological conditions through predictive analytics and behavioral data analysis, while simultaneously generating significant legal and ethical challenges related to accountability, privacy protection, transparency, and the legitimacy of algorithmic decision-making. This study aims to examine legal accountability mechanisms in AI-driven mental health systems and to integrate Islamic ethical principles as a complementary evaluative framework for strengthening governance. A normative legal research method is employed using statutory, conceptual, and comparative approaches, analyzing Indonesian health law, personal data protection law, and electronic information regulations, as well as international instruments such as the UNESCO, OECD, and WHO guidelines on AI governance. The findings indicate that existing legal frameworks in Indonesia remain fragmented and insufficient to comprehensively regulate algorithmic decision-making, explainability requirements, and liability allocation in AI-assisted mental healthcare. Accordingly, this study proposes an integrated governance framework that combines national legal instruments, trustworthy AI principles, and Maqāṣid al-Sharīʿah as normative and ethical foundations for responsible AI deployment. The novelty of this research lies in its doctrinal integration of AI legal accountability with Islamic ethical governance in the mental health context, which has been rarely addressed in previous studies. The contribution of this study is the development of a multidisciplinary governance model that strengthens legal certainty, ethical legitimacy, and patient protection in digital mental health systems. However, this study is limited by its normative doctrinal approach and the absence of empirical validation within healthcare institutions and AI implementation settings.

Pages: 76–93
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State Responsibility and Currency Depreciation in Selected Developing Countries: A Comparative Constitutional Analysis

James Chin SG , Hisyam bin Hamid Albandiyi ID , Abdul Rahim ID

Currency depreciation in developing countries is commonly treated as a macroeconomic phenomenon; however, this study reconceptualizes it as a constitutional issue of economic governance involving state responsibility, institutional accountability, and socio-economic rights protection. This research examines how constitutional and legal systems regulate monetary stability obligations amid persistent currency depreciation. The study focuses on selected developing countries, namely Lebanon, Argentina, Iran, Indonesia, Laos, and Paraguay, which reflect diverse institutional arrangements and varying degrees of monetary instability shaped by fiscal structures, governance capacity, and external economic pressures. A normative juridical method is applied through statutory interpretation, doctrinal analysis, and comparative legal approaches to examine the relationship between constitutional law and monetary governance. The findings indicate that currency depreciation is not merely a technical economic issue but also reflects structural weaknesses in constitutional governance, particularly in fiscal–monetary coordination, institutional accountability, and enforcement of public welfare obligations. The study develops the Constitutional Monetary Responsibility Framework (CMRF), integrating monetary stability, state responsibility, constitutional accountability, and socio-economic rights protection into a unified model. This framework positions currency depreciation as a constitutional stress indicator affecting institutional legitimacy and economic rights realization. The study contributes to constitutional economic governance literature by offering a comparative legal perspective on monetary instability in developing countries and argues that effective responses require both macroeconomic adjustments and strengthened constitutional oversight. The research is limited by reliance on secondary legal sources and recommends future empirical socio-legal studies to validate the framework.

Pages: 18–35
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Strengthening Regulatory Enforcement and Legal Accountability in BOS Fund Governance in Indonesia: A Socio-Legal Study

Imam Habieb Nurwahid ID , Rafi Arsyad Putra Ahyani ID , Mowafg Abrahem Masuwd LY

The governance of School Operational Assistance (Bantuan Operasional Sekolah/BOS) funds in Indonesia is an important area of public financial law, particularly in relation to legal accountability, regulatory compliance, and enforcement of state education financing policies. Although BOS funds are regulated under a comprehensive legal framework based on the principles of legality, transparency, accountability, and auditability, there remains a persistent gap between normative legal provisions and their implementation at the school level, especially within Islamic schools. This study adopts a socio-legal research design combining doctrinal legal analysis and empirical financial documentation analysis to examine how BOS fund governance is operationalized in practice. The analysis focuses on key financial documents, including School Activity and Budget Plans (RKAS), cashbooks, receipts, and expenditure records, as primary instruments of accountability and legal evidence. The findings show that financial documentation plays a central role in BOS governance; however, its consistency, standardization, and evidentiary reliability vary significantly across institutions, which weakens audit effectiveness and regulatory enforcement. The study further identifies a governance gap between legal design and administrative implementation, where compliance tends to be procedural rather than substantive. It concludes that strengthening BOS governance requires not only regulatory refinement but also standardized documentation systems and improved enforcement capacity within public financial governance. This study contributes to socio-legal scholarship by positioning financial documentation as a key mechanism linking legal norms and administrative accountability in decentralized education finance systems.

Pages: 1-17
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