Malaysian Journal of Syariah and Law
type: channel
description: Journal title Malaysian Journal of Syariah and Law Initials MJSL Abbreviation Malaysian J. of Syariah and Law ISSN 2590-4396 (online) and 1985-7454 (Print) Frequency Three issues, approx. 45-75 articles per year (April, Aug. and Dec) DOI Prefix 10.33102/mjsl - Crossref linked 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 …
publisher: Faculty of Syariah and Law, Universiti Sains Islam Malaysia
language: en
publication name: Malaysian Journal of Syariah and Law
issn: 1985-7454
items: A COMPARATIVE STUDY ON SHARIA GOVERNANCE AND SUPERVISORY AUTHORITY IN ISLAMIC BANKING OF INDONESIA AND MALAYSIA
items: SHARĪ’AH SUPERVISORY BOARDS IN MALAYSIAN ISLAMIC BANKS: EMERGING ISSUES, CHALLENGES, AND RESPONSES
items: APOSTASY PUNISHMENT IN ISLAMIC SCHOLARLY DISCOURSE: PERSPECTIVES AND IMPLICATIONS IN THE MALAYSIAN CONTEXT
items: PENGURUSAN JENAZAH TIDAK SEMPURNA DALAM SITUASI PERANG, BENCANA DAN WABAK: TINJAUAN DARIPADA PERSPEKTIF ISLAM DAN SAINS FORENSIK
items: دور العقوبات التكميلية في حماية الضحايا في القانون العراقي: دراسة مقارنة
items: الظّواهر الكونيّة: دراسة تحليليّة في مقاصدها ومنهج التّعامل معها من منظور الشّريعة الإسلاميّة
items: PARAMETER PENGELUARAN FATWA DALAM KERANGKA MAQASID SYARIAH
items: A REVIEW OF PREDATORY PRICING REGULATIONS IN DIGITAL BUSINESS IN INDONESIA: ISLAMIC LAW APPROACH
items: GAZA AND THE FAILURE OF R2P: UNVEILING SYSTEMIC CHALLENGES IN INTERNATIONAL LAW AND GEOPOLITICS
items: المسؤولية المدنية عن أنظمة الذكاء الاصطناعي المستقلة في ظل القانون الإماراتي
items: PEMBUBARAN PERKAHWINAN BAGI NIKAH SYUBHAH YANG DIRAGUI
items: DISCOVERING HALAL TOURISM’S FOOTPRINTS: A BIBLIOMETRIC PERSPECTIVE ON BUSINESS RESEARCH USING SCOPUS DATA (1997–2023)

A COMPARATIVE STUDY ON SHARIA GOVERNANCE AND SUPERVISORY AUTHORITY IN ISLAMIC BANKING OF INDONESIA AND MALAYSIA
type: item
description: One of the critical aspects in the development of Sharia banking is Sharia compliance, which differentiates Islamic banks from conventional banks. To ensure adherence to Sharia principles, a sound supervisory mechanism is required which is undertaken by the Sharia Supervisory Board (Dewan Pengawas Syariah, DPS). The aim of this study is to analyze the legal framework governing Sharia compliance supervision in Islamic banking in Indonesia and Malaysia, focusing on the role and authority of the DPS in each jurisdiction, using a qualitative research design based on fieldwork. The results show that those countries use a two level supervisory structure in Sharia governance. A Sharia fatwa council is obligated to standardize and harmonize Sharia rulings for the macro level, and institutional Sharia councils are responsible for overseeing the implementation of these fatwas within financial institutions at the micro level. The difference on the principal between both systems lies in the legal status of the fatwa council. In Malaysia, the Sharia Advisory Council (SAC) functions as a statutory body under the central bank, whereas in Indonesia, the Sharia National Council (Dewan Syariah Nasional) operates as a non-governmental organization under the Indonesian Islamic Scholar Council (Majelis Ulama Indonesia, MUI). These organizational distinctions affect the legal standing and binding nature of the fatwas issued by each council.
subject: Articles
  topic: section
subject: Islamic Comparative Law / Comparative Law
  topic: category
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Shariah supervisory board
  topic: keywords
subject: Shariah committee
  topic: keywords
subject: Shariah compliance
  topic: keywords
subject: Islamic Banking
  topic: keywords
subject: Indonesia
  topic: keywords
subject: Malaysia
  topic: keywords
subject: Islamic Banking
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Jaenal Arifin
creator: Rahma Aulia
creator: Labib Nubahai
creator: Muhammad Aunurrochim Mas'ad Saleh
creator: Melinda Berliana
rights: Copyright (c) 2025 Jaenal Arifin, Rahma Aulia, Labib Nubahai, Muhammad Aunurrochim Mas'ad Saleh, Melinda Berliana https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-17
publication date: 2025-11-17
starting page: 604
ending page: 614
doi: 10.33102/mjsl.vol13no3.737

SHARĪ’AH SUPERVISORY BOARDS IN MALAYSIAN ISLAMIC BANKS: EMERGING ISSUES, CHALLENGES, AND RESPONSES
type: item
description: This study investigated the key challenges that Sharī’ah Supervisory Boards (SSBs) face while performing their duties in Islamic banking in Malaysia. These challenges included institutional, operational, legal, jurisprudential, and professional obstacles, which impede SSB members from carrying out their responsibilities and tasks effectively. A significant issue highlighted in the study is the shortage of experts in Fiqh MuꜤāmalāt (Islamic transactions jurisprudence), complicating the development of new financial products, exploring innovative Ijtihād (independent reasoning by an expert in Islamic law) trends, and discussing contemporary and emerging issues in Islamic finance. Given these challenges, the study aimed to analyze the hurdles facing SSBs and suggest solutions to address them. The study utilized both descriptive and analytical methods to understand the barriers and their link to directives issued by the Sharī’ah Advisory Council (SAC) of the Central Bank of Malaysia. Additionally, the study discussed the continuous evolution in the Islamic banking sector, which requires Sharī’ah rulings to adapt to changes in time and place through the expertise of well-informed jurists. The study’s key findings revealed a range of institutional, legal, operational, and jurisprudential challenges, with proposed solutions including strengthening the role of SSBs in banks, diversifying investment instruments, and encouraging Islamic financial engineering to create alternative Islamic banking products that align with Sharī’ah principles while meeting customer needs. These results offer valuable insights into the operation of Islamic banking in Malaysia and guide for addressing and resolving the challenges and difficulties encountered by SSBs.
subject: Articles
  topic: section
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Islamic jurisprudence
  topic: keywords
subject: Islamic law
  topic: keywords
subject: Islamic banking
  topic: keywords
subject: Islamic financial institution
  topic: keywords
subject: Sharī’ah supervisory boards
  topic: keywords
subject: liquidity management
  topic: keywords
subject: Malaysia
  topic: keywords
subject: Islamic Banking
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Mahmoud Mohamed Ali Mahmoud Edris
creator: Mohamed Sharif Bashir Elsharif
creator: Sidi Mohamed Sidi Ahmed
creator: Hamza Abed Alkarim Hammad
rights: Copyright (c) 2025 Mahmoud Mohamed Ali Mahmoud Edris, Mohamed Sharif Bashir Elsharif, Sidi Mohamed Sidi Ahmed , Hamza Abed Alkarim Hammad https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: 615
ending page: 636
doi: 10.33102/mjsl.vol13no3.1080

APOSTASY PUNISHMENT IN ISLAMIC SCHOLARLY DISCOURSE: PERSPECTIVES AND IMPLICATIONS IN THE MALAYSIAN CONTEXT
type: item
description: This study explores the current academic debate on the punishment for apostasy within Islamic scholarship, focusing specifically on the Malaysian context. Traditionally, classical fiqh literature has prescribed the death penalty for apostasy, based on the view that renouncing Islam is both a theological error and a threat to community security and political stability. However, modern Muslim scholars are increasingly questioning this stance, arguing that it contradicts Qur’anic principles of freedom of belief and human dignity. The issue addressed in this study is the tension between classical legal positions, emerging reformist perspectives, and the existing legal framework in Malaysia, where laws vary from punitive measures in some states, such as Pahang, to counselling-based approaches in Negeri Sembilan. This research aims to analyse contemporary reinterpretations of the punishment for apostasy and assess their implications for Malaysia’s pluralist legal system. It particularly evaluates the viewpoints of three influential reformist scholars, Abdul Mutaal al-Soidi, Taha Jabir Al-Alwani, and Ahmad al-Raisūnī, who oppose capital punishment by emphasising the principles of Maqasid al-Shariah, including the protection of intellect, dignity, and freedom of belief. Methodologically, the study employs qualitative content analysis of primary legal texts, complemented by semi-structured interviews with officials from the Federal Territories Mufti Office and practising Syariah lawyers. Findings reveal a strong theoretical basis for reinterpreting apostasy as a matter of personal conscience rather than political rebellion, and for advocating a shift from coercive legal measures to education and dialogue. While classical jurists linked apostasy to political treason due to the sociopolitical realities of early Muslim societies, contemporary nation-states operate within different legal, constitutional and human rights frameworks. This makes a punitive approach less compatible …
subject: Articles
  topic: section
subject: Apostasy
  topic: keywords
subject: retribution
  topic: keywords
subject: debate
  topic: keywords
subject: Islamic academics
  topic: keywords
subject: Malaysian Islamic jurisprudence
  topic: keywords
subject: Syariah
  topic: subjects
subject: Islamic scholarship
  topic: disciplines
subject: Islamic jurisprudence
  topic: disciplines
creator: Razali Musa
creator: Kauthar Razali
creator: Anis Sahira Mohamad Fakhrulrozi
creator: Mohd Safri Ali
creator: Muhammad Firdhaus Zulkifli
creator: Nur Syahirah Mohammad Nasir
rights: Copyright (c) 2025 Razali Musa, Kauthar Razali, Mohd Safri Ali, Muhammad Firdhaus Zulkifli, Nur Syahirah Mohammad Nasir https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-22
publication date: 2025-12-22
starting page: 637
ending page: 651
doi: 10.33102/mjsl.vol13no3.755

PENGURUSAN JENAZAH TIDAK SEMPURNA DALAM SITUASI PERANG, BENCANA DAN WABAK: TINJAUAN DARIPADA PERSPEKTIF ISLAM DAN SAINS FORENSIK
type: item
description: The management of deceased bodies in emergency situations such as war, major disasters, and infectious disease outbreaks presents extraordinary challenges from both Shariah and operational perspectives. In Islam, the management of the dead is a collective obligation (fardu kifayah). However, its implementation may be hindered when remains are incomplete, severely damaged, or mixed between Muslims and non-Muslims or in an emergency situation such as war. The issue becomes more complex in the presence of limited resources, chaotic environments and politics, and uncertainty in identifying the deceased. Therefore, a contextual and integrative approach that combines Islamic principles with forensic science is urgently needed. This article aims to analyse the management of incomplete remains in emergency contexts, particularly during conflict and large-scale disasters. It explores the management of remains during wartime, Islamic perspectives on handling incomplete bodies, differing scholarly views across the four major Sunni schools Hanafi, Maliki, Syafie, and Hanbali and forensic challenges in the identification and treatment of remains, especially where procedural conflicts arise between modern forensic protocols and Shariah principles. This study adopts a qualitative methodology using document analysis of both primary and secondary sources. The collected data are analysed thematically and presented according to key subthemes. Findings reveal significant differences in the legal opinions of the four schools regarding the minimum body part that necessitates funeral rites such as bathing, shrouding, and prayer. Forensic science plays a vital role in the ethical and systematic identification and disposal of remains, especially in cases involving unidentified or mixed bodies. This research underscores the importance of harmonising Islamic legal frameworks with modern forensic needs to preserve higher objectives of Islamic law (Maqasid Syariah) and Islamic religious sensiti…
subject: Articles
  topic: section
subject: Islamic Jurisprudence / Jurisprudence
  topic: category
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Disaster
  topic: keywords
subject: forensic
  topic: keywords
subject: incomplete remains
  topic: keywords
subject: management of remains
  topic: keywords
subject: war
  topic: keywords
subject: darurat
  topic: keywords
subject: forensik
  topic: keywords
subject: mayat tidak sempurna
  topic: keywords
subject: pengurusan jenazah
  topic: keywords
subject: perang
  topic: keywords
subject: forensic
  topic: subjects
subject: Islamic Law
  topic: subjects
subject: Islamic Perspective
  topic: disciplines
creator: Nadiawati Abdul Razak
creator: Mohamad Muntaha Saleh
creator: Mohamad Aniq Aiman Alias
creator: Wan Abdul Fattah Wan Ismail
rights: Copyright (c) 2025 Nadiawati Abdul Razak, Mohamad Muntaha Saleh , Mohamad Aniq Aiman Alias https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-26
publication date: 2025-12-26
starting page: 652
ending page: 666
doi: 10.33102/mjsl.vol13no3.1443

دور العقوبات التكميلية في حماية الضحايا في القانون العراقي: دراسة مقارنة
type: item
description: Complementary penalties are regarded as one of the law instruments applicable in the contemporary criminal justice systems that lie beyond the conventional parameters of criminal punishment since it can supplement the security of the victims of the crimes inflicted on them. Such punishments are not confined to deterrence punishment, but they serve a two-fold purpose of enhancing the victim feelings of security since the legal actions of restricting the offender help minimize chances of reoffending. In this regard, the French experience is leading the way, with explicit clauses in French law including banning contact with the victim or coming close to them, the use of new technological devices, like remote electronic monitoring. Conversely, the Iraqi law does have a distinct legislative weakness that is pointed out in the fact that it still does not directly cover victim protection by imposing complementary penalties, comparatively to the partial development of the recent Egyptian and Emirati legislations in the same area. This is where the significance of the given research lies because the practical difficulties in implementing these punishments have not yet been resolved. This study, using a comparative analytical method, aims to present a global reformist vision for complementary sanctions, with a focus on the Iraqi legislator. The paper ends with the results and recommendations on the legal provisions that may be included to complementary penalties in Iraq in a way that it guarantees that they are compatible with the international standards regarding the protection of the rights of those who have been harmed and help in establishing a balanced criminal justice system. ملخص البحث تعتبر العقوبات التكميلية إحدى الأدوات القانونية المستخدمة في منظومة العدالة الجنائية الحديثة، والتي تتجاوز النطاق التقليدي للعقوبة الجنائية، إذ إنّها ممكن أن تعزز حماية الضحايا من الجرائم المرتكبة. فالعقوبات التكميلية لا تُنحصر فقط في جزاءاتٍ رادعة بل تؤدي دورًا مضاعفا في تقوية شعور الضح…
subject: Articles
  topic: section
subject: Islamic Criminal Law / Criminal Law
  topic: category
subject: Supplementary penalties
  topic: keywords
subject: victim protection
  topic: keywords
subject: criminal justice
  topic: keywords
subject: penal law
  topic: keywords
subject: Iraqi law
  topic: keywords
subject: al-uqubat al-takmiliyyah
  topic: keywords
subject: himayat al-dahaya
  topic: keywords
subject: al-adalah al-jina'iyyah
  topic: keywords
subject: qanun al-uqubat
  topic: keywords
subject: al-qanun al-'Iraqi
  topic: keywords
subject: Criminal law
  topic: subjects
subject: Law
  topic: disciplines
creator: Dhia Moslem Abd Alameer
rights: Copyright (c) 2025 Dhia Moslem Abd Alameer https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-26
publication date: 2025-12-26
starting page: 667
ending page: 691
doi: 10.33102/mjsl.vol13no3.1400

الظّواهر الكونيّة: دراسة تحليليّة في مقاصدها ومنهج التّعامل معها من منظور الشّريعة الإسلاميّة
type: item
description: Throughout history, Allah Almighty has manifested His great signs among past nations through cosmic phenomena and natural calamities - such as earthquakes, floods, volcanoes, and hurricanes - which continue to occur in the present era. The recent disasters in Turkey, Libya, and Morocco serve as clear reminders for reflection and repentance. However, many people, having turned away from their Creator, interpret these events merely as natural occurrences unrelated to human deeds or divine will. This research seeks to explore the Maqāṣid al-Sharī‘ah (the objective of Islamic Law) concerning these cosmic phenomena, to refute the claim that they are disconnected from human actions, and to elucidate the Shariah-based approach in responding to them. The study adopts both inductive and analytical methodologies to derive its conclusions. The findings indicate that among the divine purposes behind the occurrence of such phenomena are warning and deterrence, punishment for sins, expiation of believers’ transgressions as a form of mercy, and retribution against wrongdoers. While these events may have identifiable material causes, they remain subject to Allah’s decree, and behind these natural causes lie moral and legal reasons rooted in human conduct. The Shariah prescribes a clear response to such occurrences: believers are urged to turn to Allah in repentance, humility, and prayer; increase remembrance and supplication; seek forgiveness; give charity; and engage in communal exhortation and moral reform. This research thus serves as a scholarly reference and educational guide, aiming to deepen Muslims’ understanding of the Maqāṣid al-Sharī‘ah regarding cosmic phenomena and to promote a balanced, faith-based approach to interpreting and responding to them. ملخّص البحث جرت سنّة الله -تعالى- في ‌الأمم الماضية إنزال آياته العظيمة، ولا تزال هذه الآيات والنّوازل الكونيّة تتوالى إلى يومنا هذا؛ من زلازل مدمّرة، وفيضانات مهلكة، وبراكين محرقة، وأعاصير جارفة، وغير ذلك من النّذر والآيات، …
subject: Articles
  topic: section
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Cosmic phenomena
  topic: keywords
subject: purposes
  topic: keywords
subject: nature
  topic: keywords
subject: approach
  topic: keywords
subject: Shariah
  topic: keywords
subject: al-ẓawāhir al-kawniyyah
  topic: keywords
subject: al-maqāṣid
  topic: keywords
subject: al-ṭabī‘ah
  topic: keywords
subject: al-manhaj
  topic: keywords
subject: al-sharī‘ah
  topic: keywords
subject: Syariah
  topic: subjects
subject: Contemporary Fiqh of Jurisprudences
  topic: disciplines
creator: Muneer Ali Abdul Rab
rights: Copyright (c) 2025 Muneer Ali Abdul Rab https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-30
publication date: 2025-12-30
starting page: 692
ending page: 713
doi: 10.33102/mjsl.vol13no3.1479

PARAMETER PENGELUARAN FATWA DALAM KERANGKA MAQASID SYARIAH
type: item
description: This study develops a set of fatwa-issuing parameters grounded in the framework of Maqāṣid al-Sharīʿah through document analysis of classical works, contemporary scholarship, and resolutions of the International Islamic Fiqh Academy (IIFA). Based on the foundational principles of preserving religion, life, intellect, lineage, and property, the study identifies eight core parameters encompassing the validity of legal sources, the understanding of maqāṣid, the qualifications of the mufti, contextual and customary considerations, the balance between textual evidence and public interest (maṣlaḥah), institutional governance, social implications, and the necessity of collective ijtihād. Each parameter is examined systematically through an integration of normative and contextual approaches, taking into account technological advancement, emerging ethical concerns, and global socio-legal developments. The discussion is further supported by contemporary fatwas issued in Malaysia, Singapore, Indonesia, and leading national and international fatwa institutions, including the IIFA, the North American Fiqh Council (NAFC), and the Indonesian National Sharia Council – Majelis Ulama Indonesia (DSN-MUI). This study has also analysed some of the authoritative rulings made by the Shariah Advisory Council of the Malaysian Securities Commission in Malaysia. These demonstrate the adaptability of the maqāṣid framework in addressing modern and complex legal issues. The findings affirm that instituting maqāṣid-based parameters in a structured manner enhances the integrity of the iftāʾ process, reduces inconsistencies in fatwa issuance, and strengthens the credibility of fatwa institutions at both national and global levels. The study subsequently recommends that these parameters be empirically tested in specialised domains such as bioethics, artificial intelligence, and financial governance to reinforce the capacity of Islamic law to confront emerging future challenges. Abstrak Kajian ini me…
subject: Articles
  topic: section
subject: Islamic Jurisprudence / Jurisprudence
  topic: category
subject: Maqāṣid al-sharīʿah
  topic: keywords
subject: fatwa parameters
  topic: keywords
subject: collective ijtihād
  topic: keywords
subject: fatwa institutions
  topic: keywords
subject: contemporary fatwas
  topic: keywords
subject: maqāṣid al-syarīʿah
  topic: keywords
subject: parameter fatwa
  topic: keywords
subject: ijtihad kolektif
  topic: keywords
subject: institusi fatwa
  topic: keywords
subject: fatwa kontemporari
  topic: keywords
subject: Fatwa
  topic: subjects
subject: Contemporary Fatwa
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Abdul Manan Ismail
creator: Ahmad Syukran Baharuddin
rights: Copyright (c) 2025 Abdul Manan Ismail, Ahmad Syukran Baharuddin https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 714
ending page: 731
doi: 10.33102/mjsl.vol13no3.1244

A REVIEW OF PREDATORY PRICING REGULATIONS IN DIGITAL BUSINESS IN INDONESIA: ISLAMIC LAW APPROACH
type: item
description: This study examines the need for regulating predatory pricing in Indonesia’s digital business. The rise of digital businesses, both marketplace-based and social media-based, has recently created a new phenomenon where large producers enter the market at prices significantly below the prevailing rates. This situation poses challenges, as these significantly lower prices offered by producers can threaten the sustainability of Micro, Small, and Medium Enterprises (MSMEs). Moreover, the absence of clear regulations regarding trading through social media at below-market prices could potentially lead to monopolies by large business actors. This study employs a normative juridical research method using legislative and conceptual approaches to analyse the adequacy of existing competition law in regulating predatory pricing within the digital economy. Relevant statutory instruments are examined alongside conceptual developments in predatory pricing theory to assess their applicability to digital market structures. Furthermore, this study integrates maslahah theory as a normative analytical framework to evaluate regulatory objectives in light of public interest, economic justice, and market sustainability. The findings demonstrate that regulating predatory pricing in digital markets is imperative to maintaining price stability, protecting MSMEs, and ensuring national economic resilience. More importantly, the study reveals that conventional predatory pricing standards require contextual adaptation to address the unique characteristics of digital platforms, including network effects, data-driven market power, and cross-subsidisation strategies. At the global level, this research contributes to the evolving discourse on digital competition law by offering a perspective from a developing economy with a strong MSME orientation. The integration of maslahah theory provides an alternative normative framework that complements law-and-economics approaches, offering comparative insight…
subject: Articles
  topic: section
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Predatory pricing
  topic: keywords
subject: digital business
  topic: keywords
subject: Islamic economy
  topic: keywords
subject: Islamic law
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Adi Nur Rohman
creator: Palmawati Tahir
creator: Dwi Andayani Budisetyowati
rights: Copyright (c) 1970 Adi Nur Rohman, Dwi Andayani Budisetyowati, Palmawati Tahir https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 732
ending page: 742
doi: 10.33102/mjsl.vol13no3.669

GAZA AND THE FAILURE OF R2P: UNVEILING SYSTEMIC CHALLENGES IN INTERNATIONAL LAW AND GEOPOLITICS
type: item
description: The Responsibility to Protect (R2P) is an international commitment aimed at preventing humanitarian catastrophes. Nevertheless, in contrast to this admirable objective, the execution of R2P in Gaza reveals a situation that is quite depressing. The ongoing humanitarian crisis in the region, marked by unacceptable violence, raises profound questions about the international community’s failure to effectively implement R2P. This study analyzes the gap between the theoretical concept of R2P, its practical application, and the geopolitical complexities in Gaza. Although many studies have discussed the obstacles to implementing R2P, only a few have reviewed in depth how this principle failed to be implemented in Gaza. It cannot be separated from various global political interests and weaknesses in international law and institutions. Although many studies have discussed the obstacles to implementing R2P, only a few have reviewed in depth how this principle failed to be implemented in Gaza. It cannot be separated from various global political interests and weaknesses in international law and institutions. This paper conducts a qualitative analysis of key international law documents, such as UN resolutions and humanitarian agency reports, as well as relevant literature and case studies. The results of this study reveal the systemic weaknesses of international law against global political factors, such as the influence of the power of major powers, the use of veto rights in the Security Council, and very inadequate law enforcement mechanisms. These findings demonstrate the failure of the international community to protect the lives of Gaza’s civilians. The study calls for reforms in international governance to ensure that R2P can serve as a real instrument to protect the population of Gaza.
subject: Articles
  topic: section
subject: Islamic International Law / International Law
  topic: category
subject: Geopolitics
  topic: keywords
subject: state sovereignty
  topic: keywords
subject: international law
  topic: keywords
subject: veto
  topic: keywords
subject: humanitarian intervention
  topic: keywords
subject: International Law
  topic: subjects
subject: Law
  topic: disciplines
creator: Malahayati Rahman
creator: Adwani Adwani
creator: Suhaidi Suhaidi
creator: Laila M. Rasyid
rights: Copyright (c) 2025 Malahayati Rahman, Adwani Adwani, Suhaidi Suhaidi, Laila M. Rasyid https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 743
ending page: 763
doi: 10.33102/mjsl.vol13no3.1234

المسؤولية المدنية عن أنظمة الذكاء الاصطناعي المستقلة في ظل القانون الإماراتي
type: item
description: The quick growth of self-sufficient artificial intelligence (AI) systems has brought about different legal problems, especially with regard to the hanging question of who should be liable for damages caused by AI without direct human involvement. It also questions the capacity of the classical principles of tort law, namely fault and causation to provide sufficient compensation and accountability. The paper evaluates the issue of civil liability for the destructive activities of AI systems under the UAE Civil Transactions Law with an eye on the current proposals that are inclined towards the acceptance of the legal personality of AI. A footprint of the doctrinal and analytical methodology is seen in the study as it critiques and discusses the comparative legal debates, mainly the recent European and UK approaches, and then checks their applicability to the Emirati legal system. The study concludes that the conferring of legal personality to AI does not provide a viable solution to the problem of liability and, by the same token, it might deprive the victim of proper protection as there are no elements such as intention, legal capacity, and independent assets. Conversely, the regulation of the situation can effectively work out through the mechanism of holding human actors liable wherein, mandatory insurance and compensation arrangements for the AI systems operating at high risk levels are availed as the supporting structures. ملخص البحث أدّى التطور المتسارع لأنظمة الذكاء الاصطناعي المستقلة إلى بروز تحديات قانونية معقّدة، ولا سيما في مجال المسؤولية المدنية عن الأضرار التي قد تنشأ عن تشغيل هذه الأنظمة دون تدخل بشري مباشر. ويطرح هذا الواقع إشكالية جوهرية تتمثل في مدى كفاية قواعد المسؤولية التقصيرية التقليدية، القائمة على الخطأ والسببية، في التعامل مع مخاطر الذكاء الاصطناعي، خاصة في ظل صعوبة تحديد الفاعل المسؤول وضمان التعويض الفعّال للمتضرّرين. تهدف هذه الدراسة إلى تحليل مدى إمكانية إسناد المسؤولية المدنية عن أضرار أنظمة الذكاء الاصطناعي المستقلة في إطار قانون المعاملا…
subject: Articles
  topic: section
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Civil liability
  topic: keywords
subject: autonomous artificial intelligence
  topic: keywords
subject: legal personality
  topic: keywords
subject: UAE Civil Transactions Law
  topic: keywords
subject: compensation
  topic: keywords
subject: al-mas’ūliyyah al-madaniyyah
  topic: keywords
subject: al-dhakā’ al-iṣṭinā‘ī al-mustaqill
  topic: keywords
subject: al-shakhṣiyyah al-qānūniyyah
  topic: keywords
subject: qānūn al-mu‘āmalāt al-madaniyyah al-imārātī
  topic: keywords
subject: al-ta‘wīḍ ‘an al-ḍarar
  topic: keywords
subject: Civil liability
  topic: subjects
subject: Law
  topic: disciplines
creator: Saeed Salem Khalifa Almazrouei
creator: Siti Aisyah Samudin
creator: Mahamatayuding Samah
creator: Hanira Hanafi
rights: Copyright (c) 2025 Saeed Salem Khalifa Almazrouei, Siti Aisyah Samudin, Mahamatayuding Samah, Hanira Hanafi https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 764
ending page: 779
doi: 10.33102/mjsl.vol13no3.818

PEMBUBARAN PERKAHWINAN BAGI NIKAH SYUBHAH YANG DIRAGUI
type: item
description: The issue of marriage dissolution arising from nikah syubhah (doubtful marriage) is not unfamiliar within Malaysian society. This includes cases involving the annulment of marriages berween two siblings who were married under the guardianship of their older brother, who was classified as an Anak Tak Sah Taraf (ATST) (child born out of wedlock). However, the brother’s status as an ATST was determined solely by comparing his birth date with the date of their parent's marriage, which was less than six months apart. Despite the fact that his birth was premature, as confirmed by their living mother,, the religious officer insisted on his illegitimacy and ordered the annulment of the marriages. Accordingly, this article aims to analyse the status of a premature-born guardian in Islamic law and the implications of marriage dissolution in doubtful cases of nikah syubhah. This study adopts an interpretive philosophy and employs a case study as its research strategy. A qualitative research design was used, combining document analysis and semi-structured interviews involving the affected individuals, psychologists, and psychiatrists. The data obtained were analysed using thematic content analysis. The findings indicate that the case does not, in fact, involve a valid nikah syubhah as sensationalised by the officials, but rather a dispute concerning the doubtful status of syubhah itself. Although the elder brother who served as the guardian (wali) in this case was born prematurely, less than six months after the solemnisation of his parents’ second marriage, he is still classified as a legitimate child according to Islamic law. As a result of this negligence, all parties involved experienced psychological burdens such as depression and emotional distress, with 17 symptoms identified. In conclusion, the relevant authorities must take a more serious stance in addressing attitudes of complacency, negligence, and lack of responsibility at all levels of governance, particularly with…
subject: Articles
  topic: section
subject: Islamic Family Law / Family Law
  topic: category
subject: Illegitimate child
  topic: keywords
subject: psychological burden
  topic: keywords
subject: nikah syubhah (marriage under doubtful circumstances)
  topic: keywords
subject: dissolution of marriage
  topic: keywords
subject: premature
  topic: keywords
subject: anak tidak sah taraf
  topic: keywords
subject: beban psikologi
  topic: keywords
subject: nikah syubhah
  topic: keywords
subject: pembubaran perkahwinan
  topic: keywords
subject: pramatang
  topic: keywords
subject: Islamic Law
  topic: subjects
subject: Islamic Family Law
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Muhammad Mustaqim Roslan
creator: Ainul Mardhiah Zabidi
rights: Copyright (c) 2025 Muhammad Mustaqim Roslan, Ainul Mardhiah Zabidi https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.33102/mjsl.vol13no3.764

DISCOVERING HALAL TOURISM’S FOOTPRINTS: A BIBLIOMETRIC PERSPECTIVE ON BUSINESS RESEARCH USING SCOPUS DATA (1997–2023)
type: item
description: Halal tourism has emerged as a significant segment within the global tourism industry, driven by increasing demand for travel experiences that align with Islamic values. Despite this upward trend, there remains a lack of systematic research mapping publication patterns and dominant themes in the field. This study addresses that gap by analyzing the evolution and thematic development of halal tourism scholarship, while also identifying potential opportunities for business innovation. A bibliometric analysis was conducted using R Studio Biblioshiny (Bibliometrix) on 306 Scopus-indexed documents. The results reveal key thematic clusters, including halal hospitality, the halal industry, halal food, customer satisfaction, and emerging areas such as confirmatory factor analysis and behavioural intention. The analysis indicates steady growth in scholarly output, with an annual publication increase of 6.39% between 1997 and 2023, and an average of 10.2 citations per document. Influential journals play a central role in shaping the knowledge base, while robust international collaborations—particularly among researchers from Indonesia and Malaysia—highlight the potential for cross-national innovation. The growing focus on consumer perceptions, customer satisfaction, and branding strategies rooted in Islamic values points to substantial opportunities for industry and destination development. By mapping the intellectual structure, key research themes, and collaboration networks, this study offers a comprehensive reference for future research directions and informs evidence-based policy and industry strategies in halal tourism.
subject: Articles
  topic: section
subject: Islamic Law Related to Halal Studies / Law on Halal and Consumerism
  topic: category
subject: Halal tourism
  topic: keywords
subject: bibliometrics
  topic: keywords
subject: R Studio biblioshiny
  topic: keywords
subject: research trends
  topic: keywords
subject: Halal tourism
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Ghifari Yuristiadhi M. Makhasi
creator: Nur Syamsu
creator: Muthmainnah MD
creator: Sitti Aisya
creator: Hariyanto Hariyanto
rights: Copyright (c) 1970 Nur Syamsu, Hariyanto Hariyanto, Syaakir Sofyan , A. Syathir Sofyan, Ghifari Yuristiadhi https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-31
publication date: 2025-12-31
doi: 10.33102/mjsl.vol13no3.681