Justicia Islamica (Journal)
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Interpreting Mafqūd in Modern Courts: The Influence of Classical Fiqh Schools on Judicial Ijtihad in Indonesia
No full textThis article addresses the question of how inheritance cases involving mafqūd are resolved in Indonesian Religious Courts and to what extent judicial reasoning reflects madhhab moderation within Islamic law. The issue of mafqūd, defined as a missing person whose life or death is legally uncertain, has long generated juristic debate due to divergent interpretations of the principle of istishḥāb al-ḥāl and the scope of judicial authority in determining death. This study positions itself within normative Islamic legal scholarship by examining judicial practice as an arena where classical fiqh interacts with contemporary positive law. Using a qualitative legal method, the research analyses twelve purposively selected Religious Court decisions through document study and juridical analysis. Operationally, the rulings are examined by comparing judges’ legal reasoning with doctrines from the Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī schools, as well as with the Compilation of Islamic Law. The findings reveal that judges do not strictly adhere to a single madhhab, but instead employ ijtihād qaḍāʾī to selectively integrate classical opinions with statutory norms to ensure legal certainty and substantive justice. This judicial pattern demonstrates madhhab moderation as a methodological approach rather than doctrinal compromise, contributing, theoretically, to the concept of living fiqh and, practically, to fair inheritance adjudication in Religious Courts.Penelitian ini berfokus pada dinamika penetapan perkara mafqud yang dikeluarkan oleh Pengadilan Agama di Indonesia, dengan tujuan utama untuk menganalisis bagaimana moderasi madhhab mempengaruhi penyelesaian kasus ini. Perkara mafqud, yang berkaitan dengan penetapan status orang yang hilang (mafqud) dan penetapan ahli waris, merupakan isu penting dalam sistem peradilan agama di Indonesia. Penelitian ini menggunakan metode kualitatif berbasis yuridis normatif. Metode ini melibatkan analisis dokumen keputusan Pengadilan Agama yang terkait dengan perkara mafqud, serta kajian literatur hukum Islam untuk memahami perspektif madhhab fikih yang relevan. Data diperoleh melalui studi mendalam terhadap 19 penetapan perkara mafqud, serta tinjauan terhadap prinsip-prinsip hukum Islam dari empat mazhab: Hanafi, Maliki, Syafi’i, dan Hanbali. Hasil penelitian menunjukkan bahwa dinamika penetapan perkara mafqud di Pengadilan Agama Indonesia sejalan dengan pendapat mazhab fikih yang berlaku. Setiap penetapan menunjukkan penerapan prinsip-prinsip hukum Islam yang beragam, namun tetap dalam kerangka moderasi bermazhab. Penelitian ini mengungkap bahwa moderasi madhhab dalam konteks ini berperan penting dalam menciptakan solusi hukum yang adaptif dan inklusif. Dengan demikian, dinamika penetapan perkara mafqud di Indonesia dapat dianggap sebagai contoh nyata dari penerapan moderasi bermazhab dalam praktik peradilan agama.
 
Aligning Mercury Governance With Livelihoods, Legal Frameworks, and Religious Norms: Evidence from Indonesia’s ASGM
No full textThis study aims to examine the health impacts of mercury exposure on miners and communities, analyse patterns of regulatory compliance in the context of largely informal mining, and evaluate the effectiveness of policies and legal instruments designed to reduce mercury use and mitigate environmental impacts. This study synthesises toxicological and biomonitoring evidence, community-based qualitative studies on practices and risk perceptions, and regulatory analysis in relation to international obligations. Results show that mercury biomarkers remain persistently high and there are neurological impacts on exposed populations, while informality limits oversight and weakens compliance. Interventions focused on enforcement often trigger displacement of activities (mining), rather than changes to more sustainable extraction practices. Policy effectiveness increases when regulations are combined with livelihood-sensitive supporting factors, including cooperative-based formalisation, access to financing and training, and technological transition through integrated governance. The study proposes a governance-livelihood-Islamic norm model and a compliance architecture aligned with maqasid al-sharia
Evidentiary Challenges in AI-Mediated E-Commerce Disputes: Comparative Perspectives from the EU, US, GCC, and Islamic Law
No full textThis article aims to analyse the use of artificial intelligence (AI) as an intermediary in e-commerce transactions, thereby increasing the challenges of proving damages, particularly due to algorithmic opacity, system autonomy, and the fragmentation of legal liability subjects. Using a comparative legal approach in the European Union, the United States, and Saudi Arabia in the context of the Gulf Cooperation Council (GCC), with Islamic law as an autonomous regime of proof. Using a doctrinal comparative method, the study analyses statutory instruments, judicial practices, and emerging AI regulatory initiatives to evaluate how different legal systems address evidentiary burdens and liability attribution in AI-mediated disputes. The findings demonstrate that the European Union adopts a preventive, risk-based approach to digital evidence and accountability. In contrast, the United States relies on an ex-post, fault-oriented, and fragmented adjudicatory model. In contrast, Saudi Arabia and the broader GCC remain in a transitional phase, gradually integrating electronic evidence into civil law without a comprehensive AI-specific liability framework. Crucially, the article argues that Islamic law offers a coherent and independent evidentiary framework grounded in principles such as bayyinah, qarīnah, moral accountability (amānah), and harm prevention (lā ḍarar), which are particularly relevant in addressing AI opacity by treating AI outputs as corroborative rather than determinative proof. The study proposes doctrinal and evidentiary reforms that integrate comparative legal insights with Islamic jurisprudence to enhance legal certainty, justice, and accountability in AI-driven e-commerce disputes
Fiqh Humanism in Interfaith Relations: Sufistic Expressions of Shalawat Wahidiya in Indonesia
No full textThis study examines how fiqh humanism can be operationalised as a lived legal–ethical framework through the Sufistic practices of Shalawat Wahidiya in Indonesia. The research addresses the question of how Islamic legal objectives (maqāsid al-sharīa) are translated into concrete interfaith engagement and social ethics in a plural religious context. Positioning itself within maqāsid-oriented jurisprudence and contemporary Sufism studies, the article argues that Islamic law does not need to be limited to normative abstraction or legal formalism, but it can function as an ethical system verified through social practice. Methodologically, the study employs a convergent mixed-methods design, integrating a survey of 382 respondents with participant observation, in-depth interviews in Jombang, East Java and document analysis. Quantitative data map patterns of inclusivity, interfaith attitudes, and community sustainability, while qualitative findings explain how these patterns are ethically internalised and institutionally organised. The findings demonstrate that Wahidiya operates as a living maqāsid system, where collective dhikr, ritual openness, and consultative governance foster emotional security, interfaith comfort, and social cohesion without weakening Islamic commitment. The study contributes theoretically by advancing fiqh humanism as an empirically verifiable framework and provides a model that can be used to analyse Islamic legal and spiritual practices in diverse societies
Gendered Epistemology and the Question of Legal Authority: Aisha’s Critique of the Companions
No full textThis article engages the epistemological dilemma of relying on homogeneity in reliability (ʿadālah and ḍabṭ) among the companions of the Prophet during hadith transmission. In a socio-legal and hermeneutic framework, it analyses Aisha’s interpretive interventions into narrations of significant male companions—Ibn ʿUmar and Ibn ʿAbbās in particular—as manifestations of feminine legal authority in earliest Islamic times. It considers how Aisha’s interactions change how legal reasoning and epistemic authority were constructed during the nascent period of Islamic thought. Drawing upon a hermeneutic textual analysis that is informed by socio-legal and gender-conscious epistemological approaches respectively, the work is concerned with two prominent hadiths in Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim: the use of perfume prior to iḥrām and the nadhr involving the Prophet’s camel al-ʿAdhbāʾ. Analysis demonstrates that Aisha’s interventions do not deny hadith itself or the companions but instead emphasise interpretive coherence, empirical proof and legal reasoning grounded in first-hand prophetic experience. Her epistemological agency, on the other hand, stands as an early female presence in the manufacture of hadith-based legal reasoning that stands at divergence from the gendered paradigm and extends an epistemology based on dialogue. By re-assessing Aisha’s methodological interventions, the study plays into a more comprehensive debate about gendered knowledge production as well as the epistemological credibility of Islamic legal thought and provides readers with a framework for rethinking authority, gender and interpretation in Islamic scholarship in the present moment
Negotiating Legal Pluralism: Managing Tensions between Islamic Law and Customary Law in Muslim Marriage Practices in Papua, Indonesia
No full textThis research aims to describe the forms of conflict and negotiation that can arise between Islamic religious law and customary law in the practice of dowry (mahr) provision within Muslim Papuan marriages, to achieve a balanced coexistence. The primary focus of this study is to examine the forms of conflict and the conflict negotiation mechanisms that can be applied within the tradition of marriage dowry practices. This research employs a qualitative approach with a case study design focusing on Muslim communities of the Marind tribe in Merauke and the Dani tribe in Wamena, Papua, Indonesia. Data were collected through in-depth interviews, direct observation, and systematic documentation. After the research data were fully collected, they were processed and analysed using a descriptive contextual approach. The findings reveal that customary law is prioritised over religious law in determining marriage traditions. The continued existence and application of customary law have implications for tensions and conflicts with Islamic law. Therefore, marriage traditions, particularly the practice of dowry provision among Papuan Muslims, need to be reconstructed through negotiation in order to reconcile religious and customary law so that both may remain harmonious and coexist. Through restorative and normative–theological approaches, this study proposes a new model of negotiation that enables the continued practice of dowry provision based on customary rules without violating Islamic legal principles
Customary Justice and Child Sexual Abuse in Aceh: Legal Pluralism, Restorative Limits, and Child Protection Principles
No full textThis study explores the position and limitations of customary law in addressing cases of child sexual violence in Aceh, as well as its interaction with legal pluralism and the principles of maqaṣid al-sharia. As a region endowed with special autonomy in the spheres of customary practices and the implementation of Islamic law, Aceh represents a complex manifestation of legal pluralism. This complexity becomes particularly evident when customary dispute-resolution mechanisms intersect with cases of child sexual violence, which are normatively recognised as serious criminal offences. By using a qualitative socio-legal approach, this research integrates an analysis of statutory regulations and qanun (Islamic law) with in-depth interviews involving government officials, local leaders, academic communities, and child protection institutions. The findings reveal variations in the application of customary law to cases of sexual violence against children, which can be classified into minor, moderate, and severe categories. In minor cases, customary law may function as a limited mechanism for recovery and social reconciliation. However, in cases of severe sexual violence, formal judicial processes are deemed more appropriate. This is because, from the perspective of maqasid al-sharia and the concept of ta’zir, child protection is a daruriyyah goal that cannot be compromised. This study emphasises the importance of an integrative-complementary model for resolving child sexual abuse cases within the framework of controlled legal pluralism
The Digitalisation of Employment, Fiqh Education and Empowerment of Migrant Workers’ Rights
No full textThis study aims to analyse the digital transformation of fiqh education on labour for Indonesian migrant workers (PMI) in the United Arab Emirates from a transnational perspective, focusing on how Islamic legal literacy can be an instrument of empowerment and protection of workers' rights. This study uses a socio-legal approach that combines normative fiqh studies with the socio-legal reality in the field. Data was collected through in-depth interviews, observation, and documentation. Data analysis was carried out in stages of data reduction, data presentation, and conclusion drawing. The results of the study show that there is a significant gap between normative knowledge of fiqh labour and the reality experienced by PMI in the UAE. The transformation of digital-based fiqh education can be used as a solution to this gap, as it can expand access to legal literacy, strengthen awareness of transformative maqāṣid, and provide practical skills in negotiating rights. The digitisation of fiqh education on labour issues not only functions as a medium of education but also as a transnational advocacy strategy that strengthens the protection and empowerment of PMI in a global context. This research contributes empirically to overcoming barriers to the implementation of migrant workers' rights in the UAE and recommends a maqāṣid transformative-based digital fiqh education module and strategic policy measures to strengthen the protection of migrant workers' rights
Does Escrow Really Protect Consumers? : An Islamic Law Critique of Marketplace Transactions in Indonesia
No full textThis article examines whether escrow (rekening bersama) genuinely protects consumers in Indonesian e-commerce, particularly in marketplace-based and off-platform social commerce transactions where fraud risks remain high. The study positions escrow not merely as a technical payment feature, but as a legally significant intermediary arrangement that structures duties, allocates liability, and enables evidentiary reliability and consumer remedies. Employing doctrinal legal research, the article operationally analyses statutes and implementing regulations related to electronic transactions, consumer protection, and electronic commerce (PMSE), while also providing a conceptual analysis of intermediary responsibility. Legal materials are systematically mapped to core escrow safeguards, including conditional fund release, verification, record integrity, and dispute handling, followed by interpretive analysis to identify regulatory gaps. The findings demonstrate that Indonesian law implicitly recognises escrow functions but lacks explicit governance standards, resulting in accountability and enforcement flaws. To address this, the article proposes a doctrinal–institutional escrow governance framework that outlines minimum operational safeguards, allocates responsibility for key failure scenarios, and provides implementation tools in the form of a safeguards checklist and liability map. An Islamic law critique, grounded in the principles of amanah and gharār reduction, further evaluates the fairness and risk containment of escrow practices. The study contributes a legally operational framework to strengthen ex ante consumer protection, enhance institutional trust, and guide regulatory standard-setting and platform compliance
BPR Syari'ah di Mata Masyarakat: Studi Kasus pada BPRS al-Mabrur Ponorogo
No full textThis study aims to analyze public perceptions of the existence and role of Islamic Rural Banks (BPR Syariah, BPRS) in the Islamic financial system, with a case study of BPRS al-Mabrur Ponorogo. This study highlights the factors that influence public trust, the level of service utilization, and the challenges faced by BPRS in increasing sharia financial inclusion. The research method used is a descriptive-qualitative approach with data collection techniques through interviews, observations, and document studies. The results showed that the community has a positive view of the sharia principles applied by BPRS, but there are still limitations in financial literacy and service accessibility. The main factors that encourage community participation are transparency, product halalness, and ease of access to financing. This study recommends improving sharia financial education and optimizing marketing strategies so that BPRSs are more competitive and inclusive in serving the community