Malaysian Journal of Syariah and Law
type: channel
description: Field Details Journal Title Malaysian Journal of Syariah and Law Initials MJSL Frequency Three issues, approx. 45-75 articles per year (April, Aug. and Dec) DOI Prefix 10.33102/mjsl - Crossref linked ISSN 2590-4396 (online) and 1985-7454 (Print) Editor-in-Chief Baharuddin A. S. , Universiti Sains Islam Malaysia, Malaysia Managing Editor M. M. Sahid Universiti Sains Islam Malaysia, Malaysia Publisher Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM) Citation Analysis Web of Science | Scopus | Google Scholar | Dimensions Peer Review Double Blind Review Revenue Sources Open Access (OA); Author-Pays The Malaysian Journal of Syariah and Law (MJSL) Online ISSN: 2590-4396 and Print ISSN: 1985-7454 attracts a diverse international audience, showcasing multidisciplinary research across all topical themes of Syariah and Law. It addresses issues that transcend both intellectual and geographic boundaries and reports empirical results with broad implications. With guidance from an esteemed editorial board and meticulously selected reviewers, MJSL focuses on exploring significant, contemporary and ground-breaking discussions in the areas of Syariah and Law and welcomes new insights and directions for study in both fields. Published three times per year by the Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM), MJSL is essential reading for academics, regulators, and experts in Syariah and Law. The editorial team is committed to open and critical dialogue and encourages scholarly papers from different disciplines, using diverse methodologies, and from all corners of the globe. The editorial board welcomes original contributions (written in Bahasa Melayu, English and Arabic) which have never been published or considered for publication by any other publishers. Authors are invited to submit manuscripts that fall within the scope of the MJSL. Please read the information on the peer-review process. The articles published in MJSL are going through a dou…
publisher: Faculty of Syariah and Law, Universiti Sains Islam Malaysia
language: en
publication name: Malaysian Journal of Syariah and Law
issn: 1985-7454
items: ISLAMIC LEGAL REASONING ON THE LEGITIMACY OF CRYPTOCURRENCY WITHIN THE FATWA OF NAHDLATUL ULAMA YOGYAKARTA: EXPLORING LEGALITY BEYOND BOUNDARIES
items: الأسس الشرعية والضوابط الحقوقية الناظمة للبيئة العمرانية في الإسلام في ضوء مقاصد الشريعة
items: VIOLATION OF CHILDREN’S MAINTENANCE RIGHT UPON DIVORCE IN INDONESIA
items: FORCE MAJEURE IN ABORTION: A REVIEW OF ULAMA FATWAS AND INDONESIAN HEALTH LAW
items: LEGAL POLICY FOR RESOLVING LAND CORRUPTION IN INDONESIA: PROBLEMS AND OPPORTUNITIES
items: DAYTIME CRESCENT MOON OBSERVATION AS A FOUNDATION FOR STRENGTHENING THE GLOBAL ISLAMIC CALENDAR: AN ASTRONOMICAL AND MAQASID AL-SHARI‘AH APPROACH
items: WUQUF IN ARAFAH AND ARAFAH FASTING IN INDONESIA: LEGAL CONSIDERATIONS UNDER ISLAMIC JURISPRUDENCE - A SYSTEMATIC REVIEW
items: RED SEA CRISIS AND THE PROBLEM OF FRUSTRATED CONTRACTS
items: TAX AS AN ILLEGAL GOVERNMENT POLICY? A CRITICAL ANALYSIS OF TAX LEGALITY IN CLASSICAL TEXTS FROM THE MASLAHAH ‘AMMAH PERSPECTIVE
items: MODERN SLAVERY: A MAQASIDI APPROACH TOWARDS EMANCIPATION
items: STRATEGIC ROLES OF MAQASID SHARIAH IN DIGITAL ADOPTION BY B40 MUSLIM ENTREPRENEURS: A QUALITATIVE INQUIRY
items: الإطار الشرعي القانونيلجريمة العنف الرقمي ضد المرأة في ماليزيا: دراسة تحليلية
items: PERANAN KETERANGAN PAKAR DALAM PEMBUKTIAN KES MAHKAMAH SYARIAH: ANALISIS BERDASARKAN QARINAH DAN MAQASID AL-SYARI‘AH
items: INTEGRATING MAQASID AL-USRAH BY JAMAL AL-DIN ‘ATIYAH MUHAMMAD INTO FAMILY RESILIENCE MEASUREMENT IN INDONESIA

ISLAMIC LEGAL REASONING ON THE LEGITIMACY OF CRYPTOCURRENCY WITHIN THE FATWA OF NAHDLATUL ULAMA YOGYAKARTA: EXPLORING LEGALITY BEYOND BOUNDARIES
type: item
description: The absence of a comprehensive state legal framework regulating cryptocurrencies has prompted responses from major Islamic organisations in Indonesia. The Majelis Ulama Indonesia (MUI) and Muhammadiyah have prohibited digital transactions through fatwās (legal opinions). However, while the Nahdlatul Ulama (NU) at the central level remains neutral, various regional Lembaga Bahtsul Masail (LBM) have issued conflicting fatwās. For instance, LBM NU Jawa Timur forbids cryptocurrency, whereas LBM NU Yogyakarta permits its use. This article provides an extensively analysis of the fatwā’s content and the Islamic legal reasoning (istinbāṭ) supporting cryptocurrency’s legitimacy. It adopts a socio-legal research approach, employing participant observation, in-depth interviews with key informants, and document analysis. Emphasising the procedural aspects of fatwā formulation by LBM NU Yogyakarta, the study highlights the use of the ilḥāqī method (analogy) to validate cryptocurrency as both a medium of exchange and a commodity. This involves aligning cryptocurrency with established Islamic commercial principles in fiqh (Islamic jurisprudence) literature while acknowledging modern digital advancements. In formulating the fatwā, LBM NU Yogyakarta engaged executive councillors (muṣaḥiḥ), religious leaders (kiais), NU management members, and consulted scholars and practitioners of blockchain technology and cryptocurrencies through discussions in the Bahtsul Masail forum. Despite differing legal arguments among participants that influenced the fatwā’s formulation, it is argued that the decision primarily reflects the executive board’s intent to reconcile Islamic law with modernity. By examining the internal dynamics of fatwā production, this study contributes to global debates on Islamic legal authority, demonstrating how religious institutions reconstruct legitimacy and exercise interpretive power in response to emerging financial technologies in the digital age.
subject: Articles
  topic: section
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Islamic Jurisprudence / Jurisprudence
  topic: category
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Cryptocurrency
  topic: keywords
subject: fatwā
  topic: keywords
subject: ilhaqi method
  topic: keywords
subject: Islamic legal reasoning
  topic: keywords
subject: Nadhlatul ulama
  topic: keywords
subject: Contemporary Issues
  topic: subjects
subject: Islamic Jurisprudence
  topic: subjects
subject: Islamic law
  topic: disciplines
creator: Muhammad Lutfi Hakim
creator: Sukron Ma’mun
creator: Saifuddin Herlambang
creator: Ahmad Muhibi
creator: Afriadi Putra
creator: Landy Trisna Abdurrahman
rights: Copyright (c) 2026 Muhammad Lutfi Hakim, Sukron Ma’mun, Saifuddin Herlambang, Ahmad Muhibi, Afriadi Putra, Landy Trisna Abdurrahman https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-06
publication date: 2026-04-06
starting page: 1
ending page: 11
doi: 10.33102/mjsl.vol14no1.1056

الأسس الشرعية والضوابط الحقوقية الناظمة للبيئة العمرانية في الإسلام في ضوء مقاصد الشريعة
type: item
description: This study aims to highlight the "objective of architecture" (maqṣid al-ʿimārah)—in its comprehensive sense, encompassing righteous construction and urban development—as a significant, foundational, overarching objective within sharīʿah. It also seeks to analyze the profound jurisprudential and Maqāṣid-based foundations and regulations that govern construction and its principles within the rich framework of Islamic jurisprudence. The research adopted a descriptive-analytical methodology to elucidate concepts and define frameworks, and an inductive methodology to trace sharīʿah texts and the opinions of jurists regarding the jurisprudence of architecture (fiqh al-ʿimārah), its goals, and its objectives. The study concluded that sharīʿah has accorded exceptional and profound attention to regulating architectural affairs to achieve the recognized welfare of humanity, both in this life and the hereafter. This encompasses matters related to the necessities (ḍarūriyyāt) of religion, life, intellect, progeny, and property, as well as those that rise to the level of needs (ḥājiyyāt) and perfections (taḥsīniyyāt). This was manifested in an integrated and well-established legal and legislative system that governs the interactive relationship between humans and their built and natural environments. It meticulously observes neighborhood rights as a cornerstone for peaceful coexistence, emphasizes the principle of preventing and removing harm, ensures the covering of private parts (ʿawrāt) and the safeguarding of private spaces, and stringently mandates the quality of building materials and craftsmanship to ensure safety and sustainability. The study emphasizes the need to draw inspiration from these maqāṣid-based regulations and to activate them within the context of contemporary architectural and urban planning. This is crucial for addressing current multifaceted challenges and achieving comprehensive, sustainable civilizational development that is congruent with Islamic value…
subject: Articles
  topic: section
subject: Maqāṣid-oriented jurisprudence of architecture
  topic: keywords
subject: sharīʿah foundations
  topic: keywords
subject: legal regulations, for the environment
  topic: keywords
subject: contemporary
  topic: keywords
subject: fiqh al-'imarah al-maqasidi
  topic: keywords
subject: al-usus al-shar'iyyah
  topic: keywords
subject: al-dawabit al-huquqiyyah
  topic: keywords
subject: al-bi'ah
  topic: keywords
subject: al-mu'asir
  topic: keywords
subject: Islamic Jurisprudence (Fiqh)
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Ahmed Mohamud Abdikadir
creator: Baidar Mohammed Mohammed Hasan
creator: Mohamed Mahmoud El Gammal
creator: Hussein Bbaale
rights: Copyright (c) 2026 Ahmed Mohamud Abdikadir, Baidar Mohammed Mohammed Hasan, Mohamed Mahmoud El Gammal, Hussein Bbaale https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-06
publication date: 2026-04-06
starting page: 12
ending page: 46
doi: 10.33102/mjsl.vol14no1.1444

VIOLATION OF CHILDREN’S MAINTENANCE RIGHT UPON DIVORCE IN INDONESIA
type: item
description: It is estimated that between 900,000 and 1,000,000 children are affected each year by divorce petitions filed in Indonesian courts, especially concerning maintenance, as there is currently no effective mechanism to ensure that parents or guardians fulfil their payment obligations. Since the provision of children’s maintenance largely depends on the goodwill of guardians, the issue of violations of children’s maintenance rights upon divorce in Indonesia warrants serious examination. Therefore, this study aims to examine public perceptions regarding the violation of children’s maintenance rights following divorce in Indonesia and to identify the legal, social, and institutional factors that hinder parents or guardians from securing these rights. This study employs a qualitative research approach, utilising content analysis and field interviews. It aims to explore patterns and perceptions regarding violations of children’s maintenance rights following divorce, as well as the issues and challenges faced by parents or guardians in claiming those rights. The findings reveal that Indonesian law obliges parents to care for and educate their children even after divorce. Despite these legal provisions, significant challenges persist in safeguarding children’s rights. The findings of the study reveal that despite existing legal provisions obliging parents to support their children after divorce, many children in Indonesia continue to experience neglect due to weak law enforcement, financial constraints, lack of awareness, and the reluctance of guardians to pursue legal action, resulting in persistent violations of children’s maintenance rights. Hence, the study proposes several solutions, including enhancing judicial awareness and introducing child maintenance insurance schemes. Non-Governmental Organisations (NGOs) also play a crucial role in advocating for children’s welfare post-divorce, although limited resources often hinder their efforts. The study is significant as it p…
subject: Articles
  topic: section
subject: Islamic Family Law / Family Law
  topic: category
subject: Violation
  topic: keywords
subject: children
  topic: keywords
subject: maintenance right
  topic: keywords
subject: upon divorce
  topic: keywords
subject: Indonesia
  topic: keywords
subject: Islamic Family Law
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Mohammad Hidir Baharudin
creator: Ahmad Munjin Nasih
rights: Copyright (c) 2026 Mohammad Hidir Baharudin, Ahmad Munjin Nasih https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-22
publication date: 2026-04-22
starting page: 47
ending page: 60
doi: 10.33102/mjsl.vol14no1.877

FORCE MAJEURE IN ABORTION: A REVIEW OF ULAMA FATWAS AND INDONESIAN HEALTH LAW
type: item
description: Abortion is an issue that frequently sparks controversy within the Muslim community. One such controversy was triggered by a fatwa issued by the Indonesian Women’s Ulama Congress (KUPI), an organization focused on women’s empowerment, which permits abortion for rape victims without restrictions on the stage of pregnancy. The fatwa is regarded as a step toward protecting victims from severe psychological distress. However, the permissibility of abortion continues to generate debate, particularly concerning the health implications for women who undergo the procedure. From a humanitarian perspective, abortion is also viewed as the loss of life, especially when the fetus has already developed fully. Although KUPI offers positive considerations, abortion remains contrary to the principles of Islamic law, particularly Maqasid al-Shariah, which emphasizes the safeguarding of human life (Hifz al-Nafs) and lineage (Hifz al-Nasl). Moreover, abortion is also prohibited under Indonesian positive law. This study employs a qualitative approach using discourse analysis to examine the KUPI fatwa on abortion. The method focuses on analyzing how arguments and justifications are constructed within the fatwa in relation to Islamic law and health law perspectives. The findings show that the fatwa places primary emphasis on the psychological emergency faced by rape victims. By examining this emphasis within the frameworks of Islamic legal objectives and Indonesian health law, the study demonstrates how emergency-based fatwa reasoning may overlook interconnected social, legal, and medical consequences that are equally critical in determining women’s long-term protection. As a result, the analysis suggests that reliance on psychological necessity alone risks narrowing the scope of emergency justification and may unintentionally expose victims to broader harms if not supported by a more comprehensive legal and ethical framework. This study contributes to knowledge by bridging the gap betwee…
subject: Articles
  topic: section
subject: Islamic Comparative Law / Comparative Law
  topic: category
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Force majeure
  topic: keywords
subject: abortion
  topic: keywords
subject: fatwa ulama
  topic: keywords
subject: health law
  topic: keywords
subject: Indonesia
  topic: keywords
subject: Islamic Jurisprudence (Fiqh) on Abortion
  topic: subjects
subject: Force Majeure in Islamic Law
  topic: subjects
subject: Religious Rulings and Legal Frameworks
  topic: subjects
subject: Health Law and Abortion
  topic: subjects
subject: Islamic Studies
  topic: disciplines
subject: Health Law
  topic: disciplines
subject: Law and Society
  topic: disciplines
subject: Medical Ethics
  topic: disciplines
creator: Dedi Masri
creator: Randy Putra Alamsyah
rights: Copyright (c) 2026 Dedi Masri, Randy Putra Alamsyah https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-29
publication date: 2026-04-29
starting page: 61
ending page: 76
doi: 10.33102/mjsl.vol14no1.1179

LEGAL POLICY FOR RESOLVING LAND CORRUPTION IN INDONESIA: PROBLEMS AND OPPORTUNITIES
type: item
description: Despite the ongoing reform period, Indonesia has not made substantial progress in eradicating corruption, especially in the land sector, where entrenched corrupt practices continue to impede the effective implementation of the Complete Systematic Land Registration Program (PTSL Program). This study aims to identify and propose an improved legal framework to address corruption within the PTSL Program, facilitating the development of laws needed for the future eradication of corruption in the land sector. Employing a descriptive and analytical socio-legal approach, this research seeks to produce alternative legal models that can effectively combat corruption in future implementations of the PTSL Program. The proposed legal construction consists of both external and internal conceptual frameworks, which are essential for developing an effective fraud control plan for national strategic land programs, particularly the PTSL Program. It is imperative for the government to undertake a thorough evaluation, revision, and amendment of the regulatory provisions outlined in the Joint Decree of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency, the Minister of Home Affairs, and the Minister of Villages, Development of Disadvantaged Regions, and Transmigration- Numbers 25/SKB/V/2017, Number 590-3167A of 2017, and Number 34 of 2017- Concerning Financing for the Preparation of Systematic Land Registration (referred to as the Decree of the 3 Ministers or SKB Tiga Menteri). Particular attention should be given to the substantive content of the Seventh Dictum. Therefore, it is recommended that the government review, update, or amend the provisions of this Decree, especially those related to the Seventh Dictum, as well as its implementing regulations, including the Regent Regulation on Financing Standards for the Preparation of Complete Systematic Land Registration, which has been issued across all districts and cities. This legal policy will significantly impa…
subject: Articles
  topic: section
subject: Islamic Criminal Law / Criminal Law
  topic: category
subject: Resolving
  topic: keywords
subject: PTSL
  topic: keywords
subject: corruption
  topic: keywords
subject: eradication
  topic: keywords
subject: problems
  topic: keywords
subject: opportunities
  topic: keywords
subject: Criminal Law
  topic: subjects
subject: Law
  topic: disciplines
creator: Vani Wirawan
creator: Ajeng Zulaikha Ngatiyah
creator: Vani Novianto
creator: Yeni Widowaty
creator: Deni Setiyawan
rights: Copyright (c) 2026 Vani Wirawan, Ajeng Zulaikha Ngatiyah, Vani Novianto, Yeni Widowaty, Deni Setiyawan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-30
publication date: 2026-04-30
starting page: 77
ending page: 96
doi: 10.33102/mjsl.vol14no1.1183

DAYTIME CRESCENT MOON OBSERVATION AS A FOUNDATION FOR STRENGTHENING THE GLOBAL ISLAMIC CALENDAR: AN ASTRONOMICAL AND MAQASID AL-SHARI‘AH APPROACH
type: item
description: The Islamic calendar holds a vital position in Muslim religious life, particularly in determining the timing of obligatory worship such as Ramadan fasting and the celebration of Eid al-Fitr. Traditionally, the beginning of the Hijri month is established through post-sunset crescent moon sighting, a practice that frequently results in differing determinations due to weather conditions, geographical variations, and technological limitations. From the perspective of naṣṣ (revealed texts) and classical fiqh, the obligation of moon observation is firmly rooted in Qur’anic guidance and Prophetic traditions. Nevertheless, classical jurists emphasized that the fundamental objective of rukyat is attaining certainty (yaqīn) regarding the onset of worship time, thereby allowing the use of reliable methods that fulfill this objective. Advancements in modern astronomy have introduced daytime moon observation conducted after conjunction (ijtimā‘) as a scientifically viable alternative that enhances precision and consistency in determining the beginning of the Hijri month. This study investigates whether daytime moon observation can serve as a valid foundation for a more accurate and globally consistent Islamic calendar in accordance with the principles of maqāṣid al-sharī‘ah. The research aims to assess the scientific credibility of daytime moon observation and examine its compatibility with Islamic legal objectives. This study adopts a qualitative research approach based on an extensive literature review and a case study of daytime moon observations conducted at the University of Muhammadiyah Makassar Observatory. The findings indicate that with advanced astronomical instruments and astrophotography, daytime moon observation is not only feasible but also capable of producing more accurate and verifiable results than traditional naked-eye methods. Addressing classical objections that restrict rukyat to post-sunset observation, this study engages contemporary fiqh council discussi…
subject: Articles
  topic: section
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Daytime crescent
  topic: keywords
subject: global Islamic calendar
  topic: keywords
subject: astronomy
  topic: keywords
subject: maqāṣid al-sharī‘ah
  topic: keywords
subject: Islamic Law
  topic: subjects
subject: Islamic astronomy
  topic: subjects
subject: Islamic Law
  topic: disciplines
creator: Alamsyah
creator: Nurnawaty
creator: Abd. Rakhim Nanda
creator: Hapizul Ahdi
rights: Copyright (c) 2026 Alamsyah, Nurnawaty, Abd. Rakhim Nanda, Hapizul Ahdi https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-30
publication date: 2026-04-30
starting page: 97
ending page: 108
doi: 10.33102/mjsl.vol14no1.1018

WUQUF IN ARAFAH AND ARAFAH FASTING IN INDONESIA: LEGAL CONSIDERATIONS UNDER ISLAMIC JURISPRUDENCE - A SYSTEMATIC REVIEW
type: item
description: This study discusses the differences in determining the time of ʿArafah fasting between Indonesia and Makkah, which have often led to confusion among Indonesian Muslims, particularly in relation to differing interpretations time zones that may affect the observance of fasting in each region. Considering the significance of ʿArafah fasting as an act of worship associated with substantial spiritual merit, this research aims to provide a comprehensive solution through the application of the concept of ʿillah, a legal-reasoning approach that identify the underlying causes of legal rulings Islamic jurisprudence. The method employed in this study is a systematic literature review, supplemented by in-depth interviews with experts in Islamic law. This process is undertaken to identify, select, and analyze scholarly literature relevant to the differences in determining the timing of the ʿArafah fast between Indonesia and Mecca. The data collection was conducted through a systematic search across various academic databases, including national and international scientific journals, conference proceedings, and academic publications addressing fiqh, uṣūl al-fiqh, and issues related to the determination of ritual times.The inclusion criteria were limited to literature discussing the concept of ʿillah (legal reasoning), the determination of the beginning of the Hijri month, the methods of ḥisāb (astronomical calculation) and rukyah (moon sighting), as well as studies on the observance of the ʿArafah fast within the context of differing geographical regions. The findings indicate that the application of ʿillah­-based legal reasoning offers a flexible and context-sensitive framework for determining the time of ʿArafah fasting in Indonesia, particularly by considering differences in time zones and the visibility of the hilal. An analytical review and engagement with the Qurʾān and hadith, supported by expert consultation and contextual assessment, demonstrates how the principle of ʿi…
subject: Articles
  topic: section
subject: Islamic International Law / International Law
  topic: category
subject: Islamic Jurisprudence / Jurisprudence
  topic: category
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Wuquf
  topic: keywords
subject: ‘Arafah
  topic: keywords
subject: Syari’ah
  topic: keywords
subject: fasting
  topic: keywords
subject: illat law
  topic: keywords
subject: Islamic Law
  topic: subjects
subject: Islamic Jurisprudence
  topic: subjects
subject: Islamic Law
  topic: disciplines
subject: Islamic and Society
  topic: disciplines
creator: Dhiauddin Tanjung
creator: Galih Orlando
rights: Copyright (c) 2026 Dhiauddin Tanjung, Galih Orlando https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-30
publication date: 2026-04-30
starting page: 109
ending page: 125
doi: 10.33102/mjsl.vol14no1.1020

RED SEA CRISIS AND THE PROBLEM OF FRUSTRATED CONTRACTS
type: item
description: The Red Sea Crisis, triggered by Houthi attacks on commercial vessels from October 2023, has disrupted one of the world’s most strategic maritime corridors and exposed significant legal uncertainty in international commercial contracts. This article examines the doctrine of frustration under English law in the context of disruptions affecting shipping, logistics, insurance and the sale of goods. It asks whether the increased cost, delay and risk caused by rerouting vessels through the Cape of Good Hope can amount to a frustrating event or whether such consequences remain within the ordinary commercial risks assumed by contracting parties. Employing a doctrinal legal methodology based on statutory analysis, case law and contemporary legal literature, the study traces the historical development of frustration from its strict common law foundations to its modern application in maritime and commercial disputes. The study contributes to existing scholarship in three main respects. First, it situates the Red Sea Crisis within the wider legal history of maritime disruptions, including earlier Suez Canal cases, thereby clarifying the relevance of established precedents to current trade conditions. Second, it demonstrates that the Law Reform (Frustrated Contracts) Act 1943 offers only a limited remedial framework, because it focuses mainly on post-discharge adjustment rather than preserving or rebalancing continuing contractual relationships. Third, it distinguishes frustration from force majeure and hardship clauses, showing that contractual risk-allocation mechanisms may provide greater flexibility than the doctrine itself. The article argues that Red Sea-related disputes are unlikely to satisfy the high threshold of frustration unless performance becomes radically different, not merely more expensive or delayed. It concludes by calling for a more coherent interpretative approach and renewed consideration of statutory reform to enhance certainty, fairness and commercial pr…
subject: Articles
  topic: section
subject: Special Content Articles
  topic: category
subject: Red Sea Crisis
  topic: keywords
subject: frustration
  topic: keywords
subject: change of circumstances
  topic: keywords
subject: pacta sunt servanda
  topic: keywords
subject: rebus sic stantibus
  topic: keywords
subject: Civil Law
  topic: subjects
subject: Civil Law
  topic: disciplines
creator: Ahmad Hussein Alsharqawi
creator: Nabeel Mahdi Althabhawi
creator: Haniff Ahamat
creator: Abd Alhade Mossa Hasan Rshdan
rights: Copyright (c) 2026 Ahmad Hussein Alsharqawi, Nabeel Mahdi Althabhawi, Haniff Ahamat, Abd Alhade Mossa Hasan Rshdan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-30
publication date: 2026-04-30
starting page: 126
ending page: 141
doi: 10.33102/mjsl.vol14no1.1008

TAX AS AN ILLEGAL GOVERNMENT POLICY? A CRITICAL ANALYSIS OF TAX LEGALITY IN CLASSICAL TEXTS FROM THE MASLAHAH ‘AMMAH PERSPECTIVE
type: item
description: The legality of taxation in Islam is frequently debated because it is often equated with maks (the collection of tribute), which is explicitly prohibited in hadith. This narrative has generated polemics concerning the validity and permissibility of taxes, creating serious issues that affect many people. The authors seek to shift the study of taxation away from a purely textual approach, which risks losing its substance and relevance to the core values of Islam. Instead, taxation should be analyzed through the perspective of maslahah (public benefit), which constitutes the essence of the shariah. Every shariah injunction ultimately aims to realize benefit and prevent harm. This research employs a literature-based method with a conceptual and descriptive-analytical approach. The findings indicate that every individual is obliged to contribute to the government through taxation for the sake of public interest, as the relationship between the people and the government is symbiotic. The legality of taxation is therefore grounded in principles of benefit, including prioritization, necessity, mutual assistance, and harm prevention. Furthermore, the collection and management (taṣarruf) of taxes must adhere to prudential principles, ensuring that no harm is inflicted upon society and that resources are managed effectively. Tax management is analogous to the responsibility of a guardian entrusted with managing the property of his ward. Taxation embodies maslahah ʿāmmah (public welfare) through the optimization of education, healthcare, economic development, infrastructure, security, and civil services, whose benefits are collectively enjoyed. Therefore, the potential of taxation must be maximized responsibly and transparently.
subject: Articles
  topic: section
subject: lslamic Legal Administration / Administrative Law
  topic: category
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Tax
  topic: keywords
subject: legality
  topic: keywords
subject: classical texts
  topic: keywords
subject: maslahat ammah
  topic: keywords
subject: Islamic Public Finance
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Muhammad Nasrulloh
creator: Moh Toriquddin
creator: Khoirul Anam
creator: Muh Zaitun Ardi
creator: Doli Witro
creator: Syahril
rights: Copyright (c) 2026 Muhammad Nasrulloh, Moh Toriquddin, Khoirul Anam, Muh Zaitun Ardi, Doli Witro, Syahril https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-16
publication date: 2026-02-16
starting page: 142
ending page: 154
doi: 10.33102/mjsl.vol14no1.1135

MODERN SLAVERY: A MAQASIDI APPROACH TOWARDS EMANCIPATION
type: item
description: On the issue of slavery, contemporary Islamic scholars tend to be abolitionists, asserting that Islamic law may not have explicitly prohibited enslavement but aspires to gradually emancipate slaves. Meanwhile, the current international law discourse has shifted its focus to ‘modern slavery’. Numerous studies have appeared to very easily presume that modern slavery falls within the Islamic notion of slavery, then, based on that, claiming that the Islamic laws concerning slavery could assist in the emancipation of victims of modern slavery. However, this presumption is often not based on a deep critical examination comparing the different concepts. Therefore, our research first analyzes the presumption that modern slavery falls under the Islamic notion of slavery and concludes that it is incorrect: modern slavery and the Islamic notion of slavery are actually two legal concepts in both legal construct and consequences. The second part of our research finds that, while Islamic laws on slavery do not directly apply to modern slavery, the former may inspire a solution for the latter. For that purpose, we apply a doctrinal legal research method to utilize uṣūl al-fiqh with a maqāṣidī approach to critically examine the details of fiqh rulings on slavery (including the acquisition of slaves, the rights of masters over slaves, legal rights of slaves, mukātabah contracts, and zakat). We find that Islamic laws on slavery can– with necessary adjustments— provide some insights to help construct an Islamic framework for the emancipation of victims of modern slavery. The insights revealed in this research can assist Muslim or even non-Muslim governments, NGOs, and the ‘ulama in making policies to help combatting modern slavery by further protecting, liberating, and safeguarding its victims.
subject: Articles
  topic: section
subject: Islamic International Law / International Law
  topic: category
subject: Islamic Jurisprudence / Jurisprudence
  topic: category
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Slavery
  topic: keywords
subject: modern slavery
  topic: keywords
subject: maqasid
  topic: keywords
subject: Islam
  topic: keywords
subject: Maqasid Syariah
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Fajri Matahati Muhammadin
creator: Muhammad Raihdan Sjahputra
rights: Copyright (c) 2025 Fajri Matahati Muhammadin, Muhammad Raihdan Sjahputra https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-30
publication date: 2025-04-30
starting page: 155
ending page: 169
doi: 10.33102/mjsl.vol14no1.1163

STRATEGIC ROLES OF MAQASID SHARIAH IN DIGITAL ADOPTION BY B40 MUSLIM ENTREPRENEURS: A QUALITATIVE INQUIRY
type: item
description: This study examines the experts’ insights into Maqasid-based strategic plans designed to address the challenges of digital adoption among B40 Muslim entrepreneurs. B40 businesses contribute up to 35% of Malaysia’s GDP and provide 70% of jobs in the national economy. Despite this significant contribution, there remains a persistent gap in digital adoption among B40 Muslim entrepreneurs, necessitating urgent interventions, particularly in the post-COVID-19 era, where entrepreneurs worldwide are transitioning from offline to online platforms. The study explores how Maqasid Shariah, which emphasizes the preservation of faith, life, intellect, progeny, and wealth, can guide ethical and inclusive digital transformation. Focus group discussions (FGD) were conducted with experts in entrepreneurship, digital tools, Islamic finance, and Maqasid Shariah, using qualitative methods. By focusing on Muslim entrepreneurs, the research provides valuable insights into how cultural and religious factors shape digital strategies, thereby enhancing empowerment and success. The FGD sessions investigate how Maqasid Shariah principles can inform the ethical and inclusive adoption of digital technologies. NVivo 15 software was employed to analyze frequency terms and consensus matrices among the informants. The findings offer strategic insights and policy recommendations to strengthen digital inclusion, economic resilience, and well-being for B40 Muslim entrepreneurs, while respecting their religious and cultural values. This approach may also serve as a model for other Muslim communities seeking to align digitalization with Islamic principles.
subject: Articles
  topic: section
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Bottom-40 (B40)
  topic: keywords
subject: digital adoption
  topic: keywords
subject: Muslim entrepreneurs
  topic: keywords
subject: maqasid shariah
  topic: keywords
subject: Maqasid Shariah
  topic: subjects
subject: Digital Adoption
  topic: subjects
subject: Muslim Entreprenurs
  topic: subjects
subject: Islamic Economics
  topic: disciplines
subject: digital entrepreneurship
  topic: disciplines
creator: Saheed Abdullahi Busari
creator: Rohaiza Abd. Rokis
creator: Mohd. Fuad Md. Sawari
creator: Noor Azizah Mohamadali
creator: Muhammad Amanullah
rights: Copyright (c) 2026 Saheed Abdullahi Busari, Rohaiza Abd. Rokis, Mohd. Fuad Md. Sawari, Noor Azizah Mohamadali, Muhammad Amanullah https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-30
publication date: 2026-04-30
starting page: 170
ending page: 190
doi: 10.33102/mjsl.vol14no1.1091

الإطار الشرعي القانونيلجريمة العنف الرقمي ضد المرأة في ماليزيا: دراسة تحليلية
type: item
description: Digital violence against women is one of the most prominent legal, social, and ethical challenges facing most countries in the contemporary era, especially with the global expansion in the use of 5G networks and digital technologies, as it is a transcontinental crime. Social media platforms have become a double-edged sword, capable of achieving both good and evil, and now occupy a significant space in modern life. Digital violence against women poses a serious threat to Muslim societies, including Malaysia. The central problem of this paper lies in the existence of a clear legislative and security gap in addressing digital violence against women in many Muslim-majority countries, including Malaysia as the study context. Existing positive laws and modern legislation lack explicit, specific provisions that criminalize all forms of digital violence against individuals, especially vulnerable groups such as women and children, including crimes like cyberstalking, extortion, and threats. This study examined the concept of digital violence against women and proposed a legal definition of the term. It also explored the prevalent forms of digital violence against women in Muslim societies and analyzed specific cases of such violence in Malaysia. Subsequently, the researchers analyzed the Shariah and legal frameworks for protecting women from digital violence in Malaysia and assessed their current effectiveness, employing descriptive and analytical methodologies supported by an inductive approach based on a variety of available sources. The findings revealed a legislative gap in Malaysian laws, as current statutes do not cover all forms of digital violence against women and lack specific provisions addressing it. Additionally, there are executive and security challenges that hinder the efforts of relevant authorities. The study recommends enacting specific legislation targeting digital violence to protect vulnerable groups like women and children or at least amending existing…
subject: Articles
  topic: section
subject: lslamic Legal Administration / Administrative Law
  topic: category
subject: Islamic Criminal Law / Criminal Law
  topic: category
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Digital violence
  topic: keywords
subject: cyber violence
  topic: keywords
subject: cyber harassment
  topic: keywords
subject: cyberstalking
  topic: keywords
subject: al-ʿUnf al-Raqmī
  topic: keywords
subject: al-Sharīʿah al-Islāmiyyah
  topic: keywords
subject: al-ʿUnf al-Ilikturūnī
  topic: keywords
subject: al-Taḥarrush al-Ilikturūnī
  topic: keywords
subject: al-Mulāḥaqah al-Ilikturūnī
  topic: keywords
subject: Cyber Law
  topic: subjects
subject: Law
  topic: disciplines
creator: Muhammad Laeba
creator: Mohamed Rashid Ab Razak
creator: Mohmed Ibrahim Negasi
creator: Abdulbari Almabrouk Alfaytouri Amhimmid
creator: Mariam Mat Daud
creator: Nasar Muneer Ahmad
rights: Copyright (c) 2026 Muhammad Laeba, Mohamed Rashid Ab Razak, Mohmed Ibrahim Negasi, Abdulbari Almabrouk Alfaytouri Amhimmid, Mariam Mat Daud, Nasar Muneer Ahmad https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-30
publication date: 2026-04-30
starting page: 191
ending page: 214
doi: 10.33102/mjsl.vol14no1.1706

PERANAN KETERANGAN PAKAR DALAM PEMBUKTIAN KES MAHKAMAH SYARIAH: ANALISIS BERDASARKAN QARINAH DAN MAQASID AL-SYARI‘AH
type: item
description: Expert evidence plays a crucial role as a means of proof in Shariah court cases, especially in the absence of syahādah (eyewitnesses) or iqrār (confession). This article aims to analyse the position and function of expert evidence as qarīnah (circumstantial evidence) in line with the objectives of Shariah (maqāṣid al-syāri‘ah), which prioritise justice, dignity, and the prevention of injustice. This study employs a qualitative doctrinal approach through the analysis of eight court decisions delivered between 1960 and 2023, alongside a comparative examination of the Syariah Court Evidence (Federal Territories) Act 1997, several state enactments, and the Evidence Act 1950. The criteria for case selection include evidentiary issues involving scientific proof such as DNA, forensic, or medical evidence and disputes concerning the probative value of expert testimony.The findings reveal that although current provisions such as Sections 33 and 34 of the Syariah Court Evidence (Federal Territories) Act 1997 recognise expert evidence, implementation remains limited due to procedural and legal constraints, including the absence of clear assessment guidelines and the uncertainty surrounding the probative value of qarīnah. The article proposes improvements to existing legislation through the standardisation of expert testimony requirements and the integration of the “chain of custody” principle from the civil law system. This study contributes to strengthening the evidentiary framework of the Shariah Court by harmonising Islamic legal principles with contemporary forensic practices and may serve as a useful reference for other jurisdictions applying Islamic law in enhancing the use of expert and scientific evidence within their evidentiary frameworks. Abstrak Keterangan pakar memainkan peranan penting dalam pembuktian kes di Mahkamah Syariah, khususnya dalam situasi ketiadaan syahādah atau iqrār. Kajian ini bertujuan untuk menganalisis kedudukan dan fungsi keterangan pakar sebag…
subject: Articles
  topic: section
subject: Expert witness
  topic: keywords
subject: qarinah
  topic: keywords
subject: maqaṣid al-shariah
  topic: keywords
subject: taʿzīr
  topic: keywords
subject: scientific evidence
  topic: keywords
subject: saksi pakar
  topic: keywords
subject: maqasid syariah
  topic: keywords
subject: takzir
  topic: keywords
subject: keterangan saintifik
  topic: keywords
subject: Islamic Law of Evidence
  topic: subjects
subject: Law
  topic: disciplines
creator: Mohamad Azhan Yahya
creator: Ahmad Azam Mohd Shariff
creator: Mohd Izzat Amsyar Mohd Arif
creator: Mohamad Rizal Abd Rahman
creator: Mohd Sabree Nasri
creator: Tuan Muhammad Faris Hamzi Tuan Ibrahim
rights: Copyright (c) 2026 Mohamad Azhan Yahya, Ahmad Azam Mohd Shariff, Mohd Izzat Amsyar Mohd Arif, Mohamad Rizal Abd Rahman, Mohd Sabree Nasri, Tuan Muhammad Faris Tuan Ibrahim https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-30
publication date: 2026-04-30
starting page: 215
ending page: 229
doi: 10.33102/mjsl.vol14no1.1536

INTEGRATING MAQASID AL-USRAH BY JAMAL AL-DIN ‘ATIYAH MUHAMMAD INTO FAMILY RESILIENCE MEASUREMENT IN INDONESIA
type: item
description: This study aims to develop a culturally integrated model of family resilience for early-married couples in Indonesia by incorporating the principles of maqāṣid al-usrah into the KEMENPPPA (Ministry of Women Empowerment and Child Protection) family resilience framework. Employing a mixed-methods approach, this research integrates both quantitative and qualitative data to evaluate the roles of psychological well-being and interpersonal communication as key resilience factors within young families. The quantitative phase involved the administration of structured surveys to 96 participants, focusing on dimensions such as Family Legality, Physical and Economic Resilience, Social-Psychological Resilience, and Sociocultural Resilience, while integrating Islamic values such as sakīnah, mawaddah, and raḥmah, together with future-oriented hope and satisfaction. In addition, twenty couples participated in in-depth interviews to explore how these Islamic principles shape their marital experiences and resilience. Data analysis employed Structural Equation Modeling (SEM) for the quantitative data and thematic analysis for the qualitative data, thereby providing an integrative understanding of resilience within the sociocultural and religious context of Indonesia. The findings demonstrate that interpersonal skills, namely communication and problem-solving skills, and psychological well-being are essential elements for resilience among early-married couples. These findings have implications for policymakers to include relational and spiritual aspects of family initiatives. This research adds to the global conversation by showing how faith values can support modern approaches to resilience in a cultural context.
subject: Articles
  topic: section
subject: Islamic Family Law / Family Law
  topic: category
subject: Family resilience
  topic: keywords
subject: maqāṣid al-usrah
  topic: keywords
subject: early marriage
  topic: keywords
subject: psychological well-being
  topic: keywords
subject: interpersonal communication
  topic: keywords
subject: Indonesia
  topic: keywords
subject: KEMENPPPA
  topic: keywords
subject: Family
  topic: subjects
subject: Early Marriage
  topic: subjects
subject: Islamic Family Law
  topic: disciplines
subject: Family Law
  topic: disciplines
subject: Family
  topic: disciplines
subject: Society
  topic: disciplines
creator: Galuh Widitya Qomaro
rights: Copyright (c) 2026 Galuh Widitya Qomaro https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-30
publication date: 2026-04-30
starting page: 246
ending page: 259
doi: 10.33102/mjsl.vol14no1.1097