297 results

Cultural Negotiations in the Vernacularization of Islamic Inheritance Law in Indonesia: A Socio-Legal and Maqaṣid al-Shariʿah Approach

Akhmad Jalaludin; Bunga Desyana Desyana Pratami; Mubarok et al.

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

Islamic inheritance law is understood as the primary norm for inheritance distribution in Muslim societies, but in practice, it is influenced by local cultural values and family negotiations. This study analyzes inheritance distribution patterns in Muslim families, the negotiation process between…

Legal-Political Reform for Indigenous Peoples’ Rights Based on Maslahah Principles

Muwahid; Elva Imeldatur Rohmah; Nehaluddin Ahmad et al.

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

The rights of indigenous peoples have been normatively recognized but remain ambiguous, triggering marginalization, agrarian conflict, criminalization, and the loss of their living space. This study analyzes legal ambiguity and its implications for protecting indigenous peoples’ rights and makes…

Strengthening Institutional Mechanisms for Human Rights Protection within Constitutional Principles

Yevhen Leheza; Oleksandr Yunin; Mykhailo Burdin et al.

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

Human rights protection still faces challenges in ensuring the integration of constitutional principles and the effectiveness of institutional implementation during globalization and increasing complexity of modern state governance. This study analyzes the constitutional principles and…

Constitutional Reasoning and Institutional Boundaries in Assigning Active Police Officers to Civilian Positions

Sayuti; Afriantoni; Haris Mubarak Haris Mubarak

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

The increasing placement of active police officers in civilian positions raises serious constitutional issues related to civilian supremacy, the neutrality of law enforcement institutions, and government accountability. Although the Constitutional Court of the Republic of Indonesia has prohibited…

Integrating Al-‘Urf into Smart Contracts: Addressing Regulatory Challenges in Blockchain-Based Waqf Governance

Sofian Al-hakim; Adang Sonjaya; Opik Rozikin et al.

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

The integration of blockchain technology into waqf system opens opportunities for transforming digital waqf governance by increasing transparency, efficiency, and accountability. Despite the potential, its implementation still faces Sharia compliance issues and regulatory challenges. Therefore…

Strengthening the Governance of Cash Waqf-Linked Sukuk: Legal Recognition, Regulatory Challenges, and Harmonization

Ika Atikah; Mohammad Najib; Deni Kamaludin Yusup et al.

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

Cash Waqf-Linked Sukuk (CWLS) is a strategic instrument for developing productive waqf and national social financing. However, its regulation is still administrative and relies on delegated regulations, thus not fully guaranteeing transparency, efficiency, and accountability. Therefore, this…

Semantic Shifts of Fiqh Muamalah and Its Implications for Developing Indonesian Islamic Economic Law

Mustofa Anwar; Dian Risky Amalia; Sugirma et al.

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

The gap in fiqh al-muʿamalah terminology in classical Islamic jurisprudence and its use in contemporary Islamic economic practices raises interpretive issues with implications for the normative construction of Islamic economic law. This study analyzes the semantic shifts in the terminology of fiqh…

Two-Year Breastfeeding Rights of Indonesian Migrant Workers: Balancing Maternal Rights and Economic Obligations Through Islamic Law

Any Suryani Hamzah; Lalu Husni; Arba

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

Breastfeeding up to the age of 2 years is a fundamental right of mothers and children recognized in international human rights instruments and national law. However, Indonesian female migrant workers face a dilemma in fulfilling this obligation because of transnational work demands and their…

Beyond Human Authorship: Rethinking Copyright Ownership of Generative Artificial Intelligence Works Through an Islamic Legal Approach

Maya Ruhtiani; Rahadi Wasi Bintoro; Hyun Kyung Park

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

This study reconsiders the copyright ownership of works produced by generative artificial intelligence (AI) in Indonesia from an Islamic law perspective. The crucial question is not whether AI can be considered an author or copyright owner but how the law should deal with ownership, attribution…

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Marriage Dispensation Based on Merariq in Religious Courts: Receptio a Contrario within the Legal Pluralism Framework

Hazar Kusmayanti; Dede Kania; Hyung-Jun Kim et al.

Jurnal Hukum Islam, Vol. 24 No. 1 · 2026 · Indonesian · DOAJ Scopus

Applications for marriage dispensation based on merariq raise normative tensions between customary law, Islamic law, and state law. This study analyzes the rationality of applying for a marriage dispensation based on merariq, the application of the receptio a contrario theory in the legal reasoning…

Protection of Patients' Constitutional Rights in Telemedicine Practice Based on Sharia Principles

Paul Atagamen Aidonojie; George Mulingi Mugabe; Godswill Owoche Antai et al.

Jurnal Hukum Islam, Vol. 23 No. 2 · 2025 · Indonesian · DOAJ Scopus

Telemedicine has expanded access and increased the efficiency of healthcare services, while simultaneously driving medical innovation. However, challenges remain regarding the protection of patients' constitutional rights, namely the right to data security, the right to information, and the right…

Human Rights in the Control of Digital Public Space Freedom: A Collaborative Approach Based on Islamic Law Principles

Chaerul Shaleh; Fauzan Ali Rasyid; Adang Sonjaya et al.

Jurnal Hukum Islam, Vol. 23 No. 1 · 2025 · Indonesian · DOAJ Scopus

Internet control has a close relationship with human rights because the digital space is becoming increasingly integral to social, political, and economic life. The purpose of this study is to discuss Internet control policies that support or hinder human rights and identify the right approach to…

Minimum Marriage Age in the Compilation of Islamic Law: A Progressive Ijtihad Based on Maslahah Fardiyyah and ‘A’iliyyah

Abdul Rahim Abdul Rahim; Darussalam Syamsuddin; Abd. Rauf Muhammad Amin et al.

Jurnal Hukum Islam, Vol. 23 No. 2 · 2025 · Indonesian · DOAJ Scopus

This study examines the regulation of the minimum marriage age in the Compilation of Islamic Law as a form of progressive ijtihad based on maqaṣid al-shari‘ah. This research emphasizes how the marriage age requirement reflects the integration of maslahah fardiyyah (individual welfare) and maslahah…

Sanctions for Inheritance Embezzlement in Indonesia: Analysis of Qiyas and Maslahah

Akhmad Dulfikar; Syibli Syarjaya; Yusuf Somawinata et al.

Jurnal Hukum Islam, Vol. 23 No. 1 · 2025 · Indonesian · DOAJ Scopus

Although embezzlement of inheritance property often occurs in Indonesia, Islamic law does not regulate sanctions for embezzlement of inheritance rights, including the Compilation of Islamic Law as the basis for Islamic inheritance law. This study examines the sanctions for embezzlement of…

Legal Reform of Zakat Governance Based on Maqaṣid al-Ummah: Optimizing Digital Transformation Toward Social Justice

Nur Fadhilah; Muflihatul Bariroh; Nuril Hidayah et al.

Jurnal Hukum Islam, Vol. 23 No. 2 · 2025 · Indonesian · DOAJ Scopus

Indonesia has significant zakat potential, but its contribution to social justice remains limited due to institutional fragmentation, regulatory complexity, and the suboptimal use of digital technology. This study analyzes zakat governance by identifying gaps between regulations, practices, and the…

Integration of Maqaṣid al-Shari'ah in the Criminal Law Reform to Achieve Justice and Human Dignity

Zumiyati Sanu brahim; Suud Sarim Karimullah; Andi Istiqlal Assaad et al.

Jurnal Hukum Islam, Vol. 23 No. 1 · 2025 · Indonesian · DOAJ Scopus

In this postmodern era, when the boundaries between local and global are increasingly blurred, efforts to build a contextual, ethical, and responsive criminal justice system have become an urgent necessity. This study aims to propose a model of criminal law reform based on maqaṣid al-shari'ah that…

Combating Corruption Offenses: Foreign Experience, Theoretical, Practical, Legal Regulations, and Improvement

Yevhen Leheza; Olha Kulinich; Tetiana Zhuravlova et al.

Jurnal Hukum Islam, Vol. 23 No. 1 · 2025 · Indonesian · DOAJ Scopus

This research explores preventative strategies, law enforcement frameworks, and the pivotal roles of specialized anti-corruption agencies, alongside the vital component of international collaboration using a global approach in combating corruption crimes, by examining successful strategies…

Constitutional Amendments in Muslim-Majority States: The Case of Indonesia and its Islamic Peers

Muhammad Hatta Roma Tampubolon; Novendri M. Nggilu; Chami Yassine et al.

Jurnal Hukum Islam, Vol. 23 No. 1 · 2025 · Indonesian · DOAJ Scopus

Muslim-majority countries face unique challenges in managing constitutional change because of complex interaction between religion, politics, and law. Formal and informal constitutional amendments occur through legal procedures and judicial interpretation, political practice, and social norms…

Madzhab Moderation in Fiqh Thought and its Implications for the Development of Islamic Law in the Modern World

Kholiq Achmad; Makrum Makrum; Anne Haerany Anne Haerany et al.

Jurnal Hukum Islam, Vol. 23 No. 1 · 2025 · Indonesian · DOAJ Scopus

A moderate approach to schools of thought in fiqh is relevant for flexibly interpreting the Islamic law amidst the changing times and the challenges of globalization. This study discusses the role of moderation in schools of thought in fiqh and its implications for developing Islamic law in the…