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Injustice against women in contemporary Islamic law practice is still a serious problem, especially in cases of divorce, child custody, and the division of common property, which are often decided textually without considering the social, economic, and psychological aspects of women. This phenomenon shows that the application of Islamic law is still normative and does not fully reflect substantive justice as the purpose of maqāṣid al-syarī'ah. This research aims to analyze the nature of justice for women in the modern era, identify the steps needed to realize this justice, and formulate Islamic legal solutions based on maqāṣid al-syarī'ah that can be applied contextually in the religious justice system. The research method used is qualitative with a normative-empirical approach through literature analysis, case studies, and empirical data from religious court decisions and reports of official institutions such as Komnas Perempuan. The results of the study show that justice for women can only be achieved through a dynamic maqāṣid approach, by placing the interests of women and children above the legal-formalities of classical fiqh. The efforts needed include the integration of empirical data in judges' decisions, reform of religious justice policies, increasing the capacity of judges in understanding maqāṣid, and empowering women through legal literacy.

This study explores Islamic legal perspectives on climate justice by integrating environmental ethics with economic responsibility within the wider framework of Sharia. Using a qualitative library research approach, it examines classical sources such as the Qur’an, Hadith, and uṣūl al-fiqh, alongside contemporary works on Islamic environmental ethics, sustainable development, and climate governance. The findings show that Islamic principles—including khalifah (stewardship), mīzān (balance), ‘adl (justice), and maslahah (public interest)—provide a strong ethical foundation for addressing climate change and preventing environmental corruption (fasād). The Maqāṣid al-Sharī‘ah, particularly the preservation of life, property, lineage, and the environment, support environmentally conscious policies and sustainable economic practices. Islamic finance instruments such as green sukuk and ESG-aligned investments further promote ecological responsibility. Overall, Islamic legal and economic traditions offer a comprehensive framework that links environmental sustainability with socio-economic equity, positioning Islamic thought as an important contributor to global climate justice discourse.

The rapid advancement of digital technology has significantly transformed the economic landscape, particularly in payment systems that are shifting from conventional cash transactions to the use of Electronic Money (E-Money). E-Money has become increasingly popular due to the convenience it offers, allowing users to conduct transactions anytime and anywhere without the need to carry physical cash. As this payment innovation continues to expand, it is essential to examine whether its mechanisms comply with Islamic principles, given that the use of E-Money is closely related to the values of muamalah in Islam. This study aims to identify the underlying contractual structure (akad) governing Mandiri E-Money transactions and to assess its conformity with sharia principles. It further analyzes the potential presence of gharar, riba, or maisir within the top-up and transaction processes, as well as the sharia mitigation mechanisms that may be applied. The research employs a normative approach based on classical and contemporary Islamic legal theory, supported by observational analysis of Mandiri E-Money practices. Data were analyzed qualitatively using a descriptive method and maqashid al-shariah reasoning. The findings indicate that the use of Mandiri E-Money does not involve elements of riba, gharar, or maisir, and therefore does not deviate from sharia principles. These potential risks were examined through fiqh legal maxims and DSN-MUI fatwas to ensure comprehensive sharia compliance.

This research discusses Indonesia's national identity in the framework of citizenship using the perspective of Fiqh Siyasah. The background of this research is the importance of integrating Islamic values in strengthening a pluralistic national identity in the midst of the social, political, and cultural dynamics of modern society. The purpose of this study is to examine the relationship between the concept of modern citizenship and the principles of Fiqh Siyasah and its implications for strengthening national identity. The research method used is a qualitative study with a literature analysis approach, which allows the author to explore various classical and contemporary sources related to the concept of citizenship in Islam and its application in Indonesia. The results of the study show that the values of Fiqh Siyasah, such as justice, benefit, and unity, can be a moral and ethical foundation in strengthening Indonesia's inclusive, democratic, and equitable national identity. In addition, its implementation can strengthen the sense of responsibility of citizens in maintaining the stability of the nation. The conclusion of the study emphasizes the importance of collaboration between Islamic thought and national principles to build a sustainable national identity that is adaptive to the changing times.

This study discusses the discourse of fiqh al-nawāzil which is rooted in the fundamental disparity between Islamic Family Law (classical inheritance and will law) and Contemporary Law (Hajj queue regulation Law No. 8 of 2019 and fiat of the transfer of one person to the Director General of PHU No. 130 of 2020). This background raises a normative dilemma when the right to worship (al-haq al-'ibādi) is threatened with forfeiture because classical instruments clash with the principle of lā waṣiyyata li wārith and the limits of al-thuluth. The main purpose of this research is to propose a Mandatory Will as a transformative solution of Islamic Law to provide a fair and strong sharia foundation for the existing state administrative policies. The method used is Fiqh al-Nawāzil with the approach of Istislah (Maslahah Mursalah) and Qiyās Istiḥsānī, which places the portion of Hajj as an obligation that must be fulfilled (al-wājib al-waṣiyyah) equivalent to debt, so that it can methodologically neutralize the limitation of classical inheritance. The conclusion shows that the Obligatory Will has succeeded in bridging this conflict, providing a Legal Impact in the form of modernizing Islamic Family Law, and affirming the ability of Islamic Law to realize maqāṣid al-sharī'ah (ḥifẓ al-dīn and ḥifẓ al-māl) in the contemporary era. The recommendation urges that amendments to the Compilation of Islamic Law (KHI) and hajj regulations (including the strengthening of Kepdirjen 130/2020) be immediately carried out to institutionalize the Obligatory Will, accompanied by the DSN/MUI Fatwa to prevent the commercialization (tadāwul) of the hajj portion and ensure substantive justice for the heirs.

This study discusses the qardh contract from a classical perspective and discusses the transformation of the practice of Sharia digital lending that is developing in the fintech era. Qardh is one type of approach to pious to Allah and is a type of mu'amalah that is characterized by assistance (ta'awun) to another party to meet their needs. In classical fiqh, Qardh is a loan contract with the condition that the borrowed and repaid are exactly the same and are returned at a time mutually agreed upon at the time of the contract without any excess when returning it. However, the development of financial technology has presented a capital for digital lending services in accordance with the concept of Sharia. This study aims to analyze the differences between the qardh contract in classical and contemporary fiqh, including its implementation in a contract in accordance with Sharia principles. The results of the study indicate that Sharia digital lending can use the qardh contract as a legal basis, but must still implement it with the principle of qardh hasan, namely avoiding elements of usury and gharar, and adapting to modern regulations. The form of the qardh contract in digital sharia lending products illustrates contemporary fiqh efforts in responding to the lives of modern society.

This study comprehensively examines the concept of Sharia law by highlighting the main divisions within Islamic law: taklifi law and wadh'I law. Taklifi law encompasses five normative categories: obligation, recommendation, permissibility, makruh, and prohibition, which serve to regulate individual behavior in accordance with Sharia principles. Meanwhile, wadh'iy law emphasizes the causes, conditions, and requirements for the validity of a legal act, thus forming a normative framework that guarantees the validity of an action from an Islamic legal perspective. This study uses a normative approach through a literature review of primary sources of Islamic law, such as the Qur'an, Hadith, and classical and contemporary fiqh literature. The results of the study indicate that the division between taklifi and wadh'iy law is crucial for understanding the structure and complexity of Sharia law, both in terms of the vertical relationship between humans and God and the horizontal relationships between individuals. This study also examines the contemporary issue of plastic surgery from an Islamic legal perspective.  Plastic surgery is permissible for medical purposes, such as reconstruction following an accident, congenital defect, or impaired bodily function, as it aligns with the principles of preserving benefit and eliminating harm. However, plastic surgery solely for aesthetic purposes is considered forbidden, as it constitutes altering God's creation without a sharia (Islamic) justification. This finding confirms that the division of sharia law is not merely theoretical but also relevant in addressing modern issues, including in medical practice, and has important implications for the development of contemporary Islamic law and its application within the national legal context.

Eclecticism in the Compilation of Islamic Law (KHI) is evident through the incorporation of various opinions from different schools of Islamic jurisprudence, including the Shafi‘i school as the dominant madhhab in Indonesia, as well as the Hanafi, Maliki, and Hanbali schools, alongside several modern approaches. This method reflects an effort to reconstruct Islamic law so that it aligns with social needs and the national legal system. This study employs a library research method. The primary sources consist of the official text of the KHI, classical fiqh works from the four major schools (Hanafi, Maliki, Shafi‘i, and Hanbali), and contemporary literature on Islamic family law in Indonesia. The analytical techniques used include document study, article content analysis, and tracing the compatibility of madhhab opinions with the norms adopted in the KHI, supplemented by a sociological approach to assess the implications of its implementation in practice. The findings indicate that the application of eclecticism in Book I of the KHI is grounded in (a) social plurality; (b) the sustainability of the national legal system; (c) the values of justice; and (d) legal adaptability. The procedural steps of madhhab-based eclecticism in the KHI involve: (a) identifying issues of Islamic law to be compiled, (b) examining textual evidences and madhhab opinions, (c) selecting the most beneficial view (maslahah), (d) harmonizing it with the national legal system, and (e) conducting academic validation and social feasibility testing.    

This study employs a qualitative library research method with the aim of analyzing fiqh muamalah in the practice of online buying and selling transactions from the perspective of Islamic law and sharia. The development of digital technology has given rise to various new models of transactions that require Islamic law to remain adaptive and relevant. Online trade is one form of contemporary muamalah that raises several issues, such as the validity of contracts, price transparency, clarity of goods, and the potential for fraud. In fiqh muamalah, the validity of a sale and purchase contract is determined by the fulfillment of its pillars and conditions, namely the presence of contracting parties, a clearly defined object of transaction, and a legitimate agreement. The findings indicate that online buying and selling transactions are valid as long as they comply with sharia principles such as justice, transparency of information, clarity of goods, and the absence of gharar (uncertainty), maysir (gambling), or riba (usury). Thus, Islamic law does not reject technological innovation as long as the substance of the contract remains in line with sharia. This research emphasizes that fiqh muamalah is capable of providing practical and relevant solutions in addressing the challenges of the modern digital economy.  

Background: Islamic inheritance law represents a critical component of family law systems that extends beyond religious obligations to encompass significant socio-economic implications for asset distribution and intergenerational justice. While Malaysia and Brunei Darussalam have both incorporated Islamic law into their national legal frameworks, their implementation approaches demonstrate fundamental structural and procedural differences that warrant systematic comparative analysis. Objective: This study examines the institutional frameworks and implementation effectiveness of Islamic inheritance law systems in Malaysia and Brunei Darussalam, analyzing how constitutional arrangements and governmental approaches influence the practical application of faraid principles. Methods: This research employs a normative legal methodology utilizing comparative analysis of legal frameworks, institutional structures, and judicial decisions. The study analyzes primary legal sources including constitutional provisions, statutory laws, court decisions, and administrative guidelines from both jurisdictions. Data collection encompassed library research examining fiqh literature, national legislation, official documents, scholarly articles, and religious legal opinions. Theoretical frameworks of legal pluralism (Romano-Gierke), Maqasid al-Shariah, and Hartian legal positivism provide analytical foundations for institutional effectiveness assessment. Results: Malaysia's dual legal system creates jurisdictional tensions between Syariah and civil courts, particularly regarding immovable property administration, resulting in administrative complexity and legal uncertainty that undermines Islamic law effectiveness. Conversely, Brunei's centralized Islamic legal framework demonstrates superior institutional coherence through exclusive Syariah court jurisdiction, enabling direct faraid implementation without inter-court conflicts. The study reveals that approximately RM42 billion in Muslim inheritance remains undistributed in Malaysia due to systematic administrative failures, while Brunei's unified approach achieves greater legal certainty and administrative efficiency. Conclusions: Institutional structures fundamentally determine Islamic inheritance law implementation effectiveness in contemporary Muslim societies. Successful Islamic law implementation requires comprehensive institutional support aligning legal structures with religious objectives rather than mere constitutional recognition. Malaysia's fragmented system inadvertently undermines Islamic law's divine authority through secular intervention, while Brunei's unified approach enhances religious legitimacy and community compliance.

This study examines the transfer of custody (hadhanah) rights of a non-mumayyiz child to the father, as decided in Judicial Decision No. 1882/Pdt.G/2019/PA.Mdn by the Medan Religious Court. According to Article 105 letter (a) of the Compilation of Islamic Law (KHI), the custody of a child under the age of 12 (non-mumayyiz) is generally granted to the mother. However, in this case, the court ruled otherwise. The focus of this research is to analyze the legal reasoning and judicial considerations behind this deviation from normative provisions. This is a normative legalresearch employing a juridical and conceptual approach. Primary data include statutory provisions and the official court ruling, while secondary data are derived from classical Islamic jurisprudence, modern legal commentaries, and related literature. The analysis uses descriptive-analytical methods to examine the legal basis, fiqh arguments, and the principle of maslahah al-mahdhun (best interests of the child). The findings indicate that the court transferred custody to the father on the grounds that the mother had remarried and was experiencing psychological instability, which could endanger the child’s well-being. The decision was based on Article 156 letter (c) of the KHI, which allows custody to be transferred if the mother fails to guarantee the child’s physical and mental safety. The judge also considered the father's financial capability, emotional stability, and supportive environment as decisive factors in ensuring the child's best interests. This research concludes that child custody in Islamic law is flexible and adaptive, prioritizing the child’s welfare over formal legal entitlements. It also highlights the role of religious court jurisprudence in aligning Islamic legal norms with contemporary social realities.

This research aims to deeply understand the legal differences between zakat and waqf from the perspective of contemporary fiqh, as well as to analyze their relevance and application in the context of modern social, economic, and technological settings. This research uses a comparative analysis method with a descriptive qualitative approach based on literature study. The sources examined include classical fiqh literature from the four schools of thought, contemporary scholars' views, as well as modern regulations and fatwas related to zakat and waqf in Indonesia. The research findings indicate that although zakat and waqf have fundamental differences in legal status, form, and purpose of utilization, both share a common spirit of wealth distribution and community empowerment. Moreover, contemporary issues such as professional zakat, corporate zakat, stock zakat, cash waqf, productive waqf, and digitalization highlight the need for institutional renewal and strengthening to ensure that the laws of zakat and waqf remain relevant and effective in the modern era. This research concludes that understanding and managing zakat and waqf in an adaptive manner to the times is very important in realizing sustainable community welfare.

This scientific article comprehensively investigates the fundamental principles of Fiqh Muamalah governing Islamic economic transactions, focusing on three primary areas: sale (bay'), debt-financing (dayn), and leasing (ijarah). This research aims to analyze the Sharia conceptual framework underlying each contract, including its pillars, conditions, and legal implications, as well as to identify crucial prohibitions such as gharar (ambiguity), riba (interest/unlawful increment), and maysir (speculation). Furthermore, this article explores the relevance and challenges of applying these principles within the dynamic context of the modern economy, characterized by financial innovation, digital technology, and globalization. Through an in-depth literature study and a comparative analysis of classical and contemporary scholars' interpretations, this research examines how ethical Islamic principles such as justice ('adl), mutual consent (taradhi), and public interest (maslahah) can be integrated into current business practices. Selected case studies on e-commerce transactions, digital lending platforms, and technology-based leasing models are analyzed to illustrate the challenges and potential solutions in applying Fiqh Muamalah. This article concludes by offering a perspective on the importance of contextual reinterpretation and the innovation of Islamic financial products to ensure the relevance of Fiqh Muamalah in addressing global economic challenges while upholding Islamic values.

Qawaid Fiqhiyyah is an Islamic legal principle that serves as a guideline for establishing rulings based on applicable principles in various fiqh issues. This study aims to analyze the relationship between Qawaid Fiqhiyyah and the Islamic legislation process (tasyri’), as well as its urgency in the Islamic legal system. This research employs a normative method with a qualitative approach, referring to primary legal sources such as the Qur’an and Hadith, as well as the opinions of scholars from various schools of thought. The results indicate that Qawaid Fiqhiyyah plays a strategic role in ensuring legal certainty and flexibility in the application of Islamic law, making it a foundation for contemporary Islamic legislation. These findings affirm that an understanding of fiqh principles can enrich legal decision-making in a more contextual manner.  

The Indonesian Ulema Council (MUI) has a very important role in providing religious and social guidance for Muslims in Indonesia. The history of the MUI began in 1975, with the aim of strengthening the unity of Muslims and issuing fatwas in accordance with Islamic teachings. Over time, the MUI has developed into a very influential institution in determining religious policies in Indonesia. One of the main commissions in the MUI is the Fatwa Commission, which is tasked with issuing fatwas related to current religious issues, especially in facing the challenges of the times and social problems that continue to develop. This study aims to explore the urgency of the role of the MUI Fatwa Commission in issuing fatwas that are in accordance with the needs of the Indonesian people. In addition, this study also discusses the istinbath method applied by the MUI Fatwa Commission in issuing fatwas, as well as its application to contemporary issues. This istinbath method refers to the process of deriving law from the main sources of Islam, such as the Qur'an, Hadith, Ijma', and Qiyas, taking into account the existing social context and dynamics. The results of the study show that the MUI Fatwa Commission has a very great urgency in responding to various problems of Muslims, especially those related to modern issues such as sharia economics, technology, and health issues. Through the istinbath method, the MUI has succeeded in providing fatwas that are not only based on classical texts, but are also relevant to current developments. For example, in the matter of sharia economics, the MUI has issued a fatwa that supports the sharia financial system while still paying attention to the applicable fiqh rules.

As we know, Islamic law is known to have a flexible and dynamic nature, allowing for changes and renewal in accordance with the development of the times and the needs of the people. In this context, the rules of fiqh play an important role as a methodological basis in conducting legal istinbath on contemporary issues. This study aims to examine the rules of fiqh that are relevant in supporting legal change and renewal, such as the rule of "al-ḥukmu yadūru ma‘a al-‘illah wujūdan wa ‘adaman", "lā yunkar taghayyur al-aḥkām bi taghayyur al-azminah wa al-amkinah", and other rules that accommodate social change. The method applied in this study is qualitative-descriptive by utilizing a literature study approach. Data collection was conducted through a literature review of books on Islamic jurisprudence, both classical and modern, as well as secondary sources including books, journals, and related scientific works. The data analysis process was conducted descriptively-analystically with the aim of revealing the meaning and application of Islamic jurisprudence principles related to changes and innovations in Islamic law.

This study aims to examine the position of the Qur’an as a source of law in Islam with the ushul fiqh approach. The main focus of this study is the exploration of Islamic thought related to the development of Qur’anic law. The method used is a qualitative approach through library studies, where data is collected from primary and secondary sources. The results of the study indicate that the Qur’an has the highest authority in the Islamic legal system, is dynamic, and open to methodological interpretation. Thus. This study reveals that a contextual understanding of the texts of the Qur’an is very important to answer complex legal issues in the contemporary era.

The urgency of consumer protection in Sharia-compliant transactions has become increasingly prominent alongside the growth of the halal industry and rising public awareness of transactional justice based on Islamic principles. This study aims to formulate the theoretical and normative construction of consumer protection within the framework of Islamic law and to assess its compatibility with Indonesia’s positive legal system. Employing a normative juridical approach combined with a descriptive-analytical method, this research explores primary legal sources including Qur’anic verses, the hadiths of Prophet Muhammad (PBUH), and scholarly opinions found in classical and contemporary fiqh al-mu‘āmalāt literature, as well as secondary legal sources such as Law Number 8 of 1999 on Consumer Protection, fatwas of the National Sharia Council (DSN-MUI), and relevant academic literature. The analysis is conducted through content analysis to extract the values of justice, transparency, and balance of rights and obligations within contractual mechanisms. This study finds that core principles such as truthfulness (ṣidq), disclosure (bayān), and justice (‘adālah) constitute the essential foundation of consumer protection in the Islamic legal perspective. The prohibition of gharar (uncertainty), riba (usury), and tadlīs (fraudulent misrepresentation) is not merely a moral injunction but an integral safeguard mechanism for consumer rights. Furthermore, the institutional presence of supervisory bodies such as DSN-MUI and Sharia certification mechanisms has proven to be strategic, though they continue to face challenges in implementation, socialization, and consumer literacy. The findings also indicate a substantial opportunity for harmonizing Islamic legal principles with the national legal system within the framework of maqāṣid al-sharī‘ah. Therefore, this study recommends strengthening sectoral regulations based on Sharia principles, integrating fatwas into positive legal norms, and enhancing educational capacity for both business actors and consumers in order to realize ethical, equitable, and sustainable transactions.

Mahdah worship holds a central position in Islamic teachings as a pure form of servitude to Allah SWT. Due to its tauqifi nature, the implementation of mahdah worship must strictly adhere to the provisions of the Sharia without additions or modifications. This study aims to examine and analyze specific fiqh principles that serve as guidelines in the practice of mahdah worship. A qualitative method with a library research approach was employed, through an in-depth review of classical and contemporary literature related to fiqh principles. The findings indicate that principles such as "the default rule in worship is tauqifi," "purity is not limited by time," and "no analogy (qiyas) applies to acts of worship whose rationale is unknown" function to safeguard the authenticity of worship practices from deviation. Understanding these principles is crucial to prevent innovations (bid‘ah) and to ensure that every act of worship remains aligned with Sharia directives. Furthermore, mastery of these principles assists muftis and jurists in issuing consistent and coherent fatwas. The implications of this study highlight the significance of fiqh education in strengthening the community’s awareness of authentic worship and providing a solid framework for evaluating religious practices amidst contemporary socio-religious dynamics.

Muhammad bin Al-Hasan Al-Syaibani (132-189 H/749-805 AD) was a leading fiqh expert and main student ofImam Abu Hanifah who played an important role in the development of the Hanafi School.Born in Wasith, Iraq, Al-Syaibani studied from great scholars such as Abu Hanifah, Abu Yusuf, Imam Malik, and Sufyan ats-Tsauri, combining the traditions ofahl al-ra'yi (Iraq) and ahl al-hadith (Medina).His works, such as Zhahir al-Riwayah (including Al-Jami' al-Kabir and Al-Siyar al-Kabir) and Al-Nawadir, have become major references in Hanafi jurisprudence. Al-Syaibani's political thought emphasizes the concept of a sharia-based state, social justice and accountable leadership. He divided the economic system into four sectors (agriculture, commerce, industry, and rent) with a focus on collective welfare. In international law (Al-Siyar al-Kabir), he formulated principles of relations between Muslims and non-Muslims, ethics of war, and diplomacy that have been influential until the modern era. This study analyzes the relevance of his thoughts in contemporary contexts, including Islamic economics, social justice, and international law, as well as the challenges in adapting his ideas amidst globalization. Al-Shaibani's thoughts offer an integrative framework between spirituality, morality, and governance practices,making them relevant to contemporary discussions of Islamic politics and economics.