The transformation of Islamic family law in the contemporary era demands a repositioning of maqāṣid al-nikāḥ to be more responsive to the protection of gender rights. Indonesia and Iran represent two different models of legal codification in translating the principle of substantive justice into marriage regulations. This study aims to dissect the dynamics of gender rights protection regarding polygamy, divorce, custody, and inheritance in Indonesia and Iran through the lens of Jasser Auda’s System Theory. This study is a qualitative research with a comparative-juridical approach. The analysis is conducted by comparing the normative texts of the Indonesian Compilation of Islamic Law (KHI) and the Iranian Civil Code (Qānūn-e Madanī), as well as functional data on their implementation in the courts. The results of the study indicate that Indonesia applies the “Judicial Formalism” model that prioritizes state intervention as a guarantor of women’s rights. In contrast, Iran applies the “Contractual Protection” model that relies on private autonomy in the marriage contract (‘aqd-nāmeh). Indonesia is more progressive in the flexibility of custody and joint property rights, while Iran is very strong in financial security through the mahrieh mechanism. This study concludes that the repositioning of maqāṣid al-nikāḥ from biological preservation to the protection of human dignity (karāmah al-insāniyyah) is highly dependent on the legal system’s openness to sociological realities and universal human rights standards.
Premarital screening remains voluntary in Indonesia, creating a policy gap in preventing hereditary diseases such as thalassemia despite increasing public health concerns. This study aims to analyze the politics of Islamic law regarding the institutionalization of premarital screening within Indonesia's national legal system by integrating the Health Belief Model (HBM) and the maqāṣid al-sharīʿah framework. This research adopts a qualitative socio-legal methodology that brings together doctrinal legal inquiry and empirical findings gathered through interviews with prospective marriage partners and key stakeholders. The findings demonstrate that public acceptance of premarital screening is strongly influenced by perceived susceptibility, perceived benefits, and health awareness as conceptualized in the Health Belief Model. From the perspective of Islamic legal politics, mandatory premarital screening represents a preventive legal policy that promotes the protection of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl), while also supporting the protection of intellect and property. The study further argues that institutionalizing premarital screening can be achieved through coordinated legal reforms involving the executive, legislative, and judicial branches. Although premarital screening is generally categorized within maqāṣid al-ḥājiyyāt, its strategic role in preventing genetic disorders justifies stronger legal intervention. This study contributes theoretically by integrating public health behavior with Islamic legal politics and offers practical recommendations for strengthening Indonesia's marriage and public health policies.
Aceh's formal implementation of Islamic law, as Indonesia's only province endowed with special autonomy in this domain, offers a critical socio-legal setting for examining how Islamic legal principles are translated into contemporary public policy. While Islamic economics and governance have generated substantial scholarly debate, the conceptual foundations of Islamic financial governance within regional policymaking remain insufficiently theorized. This study addresses this gap by reconstructing siyasah syariah maliyah as an integrated framework of Sharia-based financial governance grounded in classical Islamic political thought and adapted to Aceh's modern regulatory context. Employing qualitative conceptual analysis, the study synthesizes the tradition of siyasah shar'iyyah with Aceh's legal and institutional developments. The findings reveal that siyasah syariah maliyah operates through seven interrelated dimensions: public welfare (maslahah), resource allocation, legal-rational policymaking, policy flexibility (siyasah), regional legislation (qanun), market supervision (hisbah), and economic development (tanmiyah). These dimensions are empirically reflected in Aceh's Islamic financial transformation, particularly through the mandatory conversion of conventional banks into Islamic banks and the enactment of regulatory qanun. The study contributes to the literature by offering a systematic conceptualization of siyasah syariah maliyah, demonstrating the acculturation of Islamic legal norms into modern governance, and proposing an adaptable model for Muslim-majority regions seeking to institutionalize Islamic financial principles within plural legal systems.
Interfaith marriage involving Muslims remains a contentious issue in contemporary Islamic family law, particularly where classical jurisprudence intersects with state authority. This article examines the interpretation, codification, and regulation of classical Islamic doctrines within the legal frameworks of Indonesia, Malaysia, and Brunei Darussalam. Utilizing a comparative legal approach, the study analyzes statutory regulations, judicial precedents, and administrative policies concerning marriage with Ahl al-Kitāb. The findings reveal that, while all three nations draw on the Shāfiʿī school, their regulatory outcomes diverge due to variations in institutional design and the state's role in mediating Islamic law. Indonesia exhibits a dynamic model of legal pluralism, where administrative and judicial interpretations have historically created limited spaces for interfaith registration despite normative restrictions. Malaysia maintains a structured dual legal system characterized by jurisdictional separation and mandatory conversion requirements. Brunei Darussalam employs a highly centralized model of Islamic legal authority, resulting in an absolute prohibition without alternative recognition mechanisms. Ultimately, this study demonstrates that interfaith marriage regulation is shaped by the institutional transformation of Fiqh into enforceable state law, contributing to broader debates on legal pluralism and the "mujtahid state".
This study examines the significant influence of regional geopolitical dynamics on the evolution of Islamic law, emphasizing the consequences of legal policies and reforms in the Middle East for non-Arab Muslim countries, particularly Indonesia and Malaysia. Using a qualitative research design and a comparative case study approach, the research is grounded in a constructivist-interpretivist framework and draws on in-depth interviews with scholars, policymakers, journalists, and observers of Islamic politics. Public discourse, policy, and legal documents are also thoroughly analyzed. The study reveals that the evolution of Islamic law is shaped by both international geopolitical tensions and domestic political factors, with distinct manifestations, including conservative theocratic, revolutionary, ideological, secular-pragmatic, and modernist approaches. Notably, geopolitical rivalries in the Middle East have exacerbated sectarian divisions in the Islamic legal discourse. While, the application of Islamic law outside the region is increasingly being integrated into constitutional and democratic frameworks. By addressing the intersection of Islamic law, politics, and geopolitics, this research advocates for promoting moderate Islamic constitutionalism, fostering transnational legal pluralism, and advocating for a more distinct separation between religious and political interests. The study contributes novel perspectives on how Islamic law adapts and evolves in response to contemporary global political shifts, offering critical insights for policymakers and scholars engaged with legal and political transformation in the Muslim world.
