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: MALAYSIAN COMMUNICATION AND MULTIMEDIA COMMISSION'S (MCMC) LAW ENFORCEMENT SPECTRUM: EXPLORING ARREST AUTHORITY
items: الضّوابط الدستوريّة لقانون الدّفاع الأردنيّ: دراسة جائحة كورونا
items: PERLINDUNGAN HAK CIPTA PENULISAN DARI PERSPEKTIF ISLAM DAN UNDANG-UNDANG MALAYSIA
items: BATTLING SHADOWS: ANALYSING THE TALIBAN-TTP NEXUS IN POST-2021 SECURITY DYNAMICS USING NATURAL LANGUAGE PROCESSING (NLP)
items: ANALYSING MINISTERIAL REASONS FOR BANNING BOOKS UNDER THE PRINTING PRESSES AND PUBLICATIONS ACT 1984
items: THE IMPORTANCE OF PROBATION REPORTS IN DETERMINING EFFECTIVE REHABILITATION ORDERS UNDER THE MALAYSIAN CHILD ACT 2001: A CRITICAL ANALYSIS
items: PEMERKASAAN BAHAGIAN SOKONGAN KELUARGA JABATAN KEHAKIMAN SYARIAH NEGERI SELANGOR MENGIKUT UNDANG-UNDANG SYARIAH DI MALAYSIA
items: THE APPLICATION OF SYARIAH LAW IN NAVIGATING THE CHALLENGES OF TECHNOLOGY-FACILITATED SEX TRAFFICKING
items: التحديات القانونية للخطر السيبراني على المعاملات التجارية
items: الأمة والمواطنة في وثيقة المدينة: تحليل الأسس والمعايير الدستورية ودورها في تعزيز التعايش الحضاري
items: SOCIAL FINANCE INNOVATION: QARDH-WA’AD FOR SUSTAINABLE BAZNAS MICROFINANCE DESA (BMD) FINANCING THROUGH PRODUCTIVE ZAKAT
items: حجية شهادة من لا دين له في الإمارات: دراسة في الشريعة والقانون
items: OPTIMIZING WORKING CAPITAL FINANCING IN INDONESIA: AN ISLAMIC ECONOMIC LAW PERSPECTIVE
items: LEGAL STRENGTHENING THROUGH INFRASTUCTURE DEVELOPMENT FINANCING SUPPORT IN PUBLIC-PRIVATE PARTNERSHIP (PPP) SCHEME
items: GARIS PANDUAN SERTU MENURUT PERSPEKTIF ISLAM – JAKIM: A CRITICAL REVIEW
items: TRANSFORMATION OF LOCAL NORMS IN INHERITANCE DIVISION IN PANTURA: A SOCIOLOGY OF LAW APPROACH

MALAYSIAN COMMUNICATION AND MULTIMEDIA COMMISSION'S (MCMC) LAW ENFORCEMENT SPECTRUM: EXPLORING ARREST AUTHORITY
type: item
description: The Malaysian Communications and Multimedia Commission (MCMC) regulates multimedia and communication activities and plays a role in protecting consumers from harms such as online scams and digital fraud. However, it is rather ironic that the unit mandated to receive public complaints about scams does not have the power to make an arrest upon the presentation of sufficient proof, a task that often rests with the Royal Malaysian Police Department (RMPD). Therefore, this study examines a key enforcement gap in the Malaysian Communications and Multimedia Commission’s (MCMC) role, specifically its lack of arrest powers when handling scam-related complaints. It highlights the challenges this limitation poses and proposes the inclusion of arrest authority to strengthen MCMC’s enforcement effectiveness. In doing so, this study employed a qualitative research method in which data were collected through semi-structured interviews conducted with officers from the MCMC, the RMPD, and the Ministry of Communications and Multimedia. Secondary data were gathered from internet sources, relevant legislations, and journals to illustrate the law in this area. Upon analysing the primary and secondary data, the researchers found that it is imperative to grant arrest power to the MCMC due to the challenges encountered in carrying out its tasks. The outcomes of this study can facilitate the Parliament in passing a law to confer the power of arrest to the MCMC through the current legislation, thus reducing the burden of the RMPD in making arrests related to media and communication cases. The public directly benefits from this study as it raises their confidence to lodge complaints with the MCMC, knowing fully well that the commission possesses the power to make an immediate arrest.
subject: Articles
  topic: section
subject: lslamic Legal Administration / Administrative Law
  topic: category
subject: MCMC
  topic: keywords
subject: issues
  topic: keywords
subject: scam
  topic: keywords
subject: power of arrest
  topic: keywords
subject: jurisdiction
  topic: keywords
subject: Jurisdiction on power to arrest
  topic: subjects
subject: Law
  topic: disciplines
creator: Mimi Sofiah Ahmad Mustafa
creator: Yuhanza Othman
creator: Nasihah Naimat
creator: Ida Rahayu Mahat
creator: Marziana Abd Malib
creator: Mohd Ab Malek Md Shah
creator: Muhammad Arif Haron
rights: Copyright (c) 2025 Mimi Sofiah Ahmad Mustafa, Yuhanza Othman, Nasihah Naimat, Ida Rahayu Mahat, Marziana Abd Malib, Mohd Ab Malek Md Shah, Muhammad Arif Haron https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 325
ending page: 338
doi: 10.33102/mjsl.vol13no2.1102

الضّوابط الدستوريّة لقانون الدّفاع الأردنيّ: دراسة جائحة كورونا
type: item
description: This study aims to analyze the Jordanian experience in applying Defense Law No. (13) of 1992 during the COVID-19 pandemic, as the first actual case of its implementation since its enactment, in light of comparative constitutional standards and international human rights norms. The experience revealed significant organizational gaps in balancing the demands of crisis management with the protection of public rights and freedoms, amid the absence of clear constitutional safeguards governing the declaration of a state of emergency or the exercise of exceptional powers. In this context, the role of the King emerged as the supreme guarantor of constitutional legitimacy, by establishing referential controls over government powers in the absence of parliamentary and judicial oversight, laying the foundation for emerging constitutional conventions. The study concludes on the necessity of constitutionalizing the principles of exceptional legitimacy, by entrenching the roles of the parliament and the constitutional court as effective supervisory bodies during emergency conditions, thus enhancing democracy and the rule of law, and balancing public order with the protection of rights. It also recommends reconsidering Articles (124) and (125) of the Constitution to ensure the participation of the House of Representatives in declaring a state of emergency, prohibiting its dissolution during such periods, and granting the constitutional court the authority to monitor the continuation of the exceptional circumstances.Furthermore, the study proposes amending the Defense Law by including a provision that defines the legal status of defense orders as administrative decisions subject to appeal before administrative courts, and revising Articles (6) and (7) to avoid confusion between administrative orders and criminal penalties, thereby preserving the principle of separation of powers and protecting the legislative competence of the parliament. ملخص البحث تسعى هذه الدراسة إلى تحليل التجر…
subject: Articles
  topic: section
subject: lslamic Legal Administration / Administrative Law
  topic: category
subject: Islamic International Law / International Law
  topic: category
subject: Islamic Comparative Law / Comparative Law
  topic: category
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: COVID-19 pandemic
  topic: keywords
subject: state of emergency
  topic: keywords
subject: martial law
  topic: keywords
subject: defense law
  topic: keywords
subject: defense orders
  topic: keywords
subject: jāʾiḥat Kūrūnā
  topic: keywords
subject: ḥālat al-ṭawāriʾ
  topic: keywords
subject: al-aḥkām al-ʿurfiyyah
  topic: keywords
subject: qānūn al-difāʿ
  topic: keywords
subject: awāmir al-difāʿ
  topic: keywords
subject: Constitutional Law
  topic: subjects
subject: Law
  topic: disciplines
creator: Saif Ziad Aljunidi
creator: Farah Alshanik
creator: Ahmad Aqeil Alzaqibh
creator: Hazem Suleiman Toubat
rights: Copyright (c) 2025 Saif Ziad Aljunidi, Farah Alshanik, Ahmad Aqeil Alzaqibh, Hazem Suleiman Toubat https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 339
ending page: 364
doi: 10.33102/mjsl.vol13no2.1152

PERLINDUNGAN HAK CIPTA PENULISAN DARI PERSPEKTIF ISLAM DAN UNDANG-UNDANG MALAYSIA
type: item
description: Copyright is a fundamental form of intellectual property protection that ensures written works are not misused and that original creators receive due recognition. In today’s digital era and the rapidly evolving publishing industry, copyright infringement has become increasingly prevalent, including within the Muslim community. Although civil legislation such as the Copyright Act 1987 has been enacted in Malaysia to address this issue, confusion persists among Muslim authors and publishers regarding the Islamic legal perspective on copyright. The central question is whether copyright is recognised as a legitimate form of property under Islamic law, and to what extent the protection provided by Malaysian law aligns with the principles of Islamic jurisprudence (fiqh). This study examines the concept of copyright in authorship from both Islamic legal and Malaysian legal perspectives, focusing on the moral and legal principles that uphold the rights of authors and their intellectual property. In Islam, the concepts of trust (amanah) and sincerity (ikhlas) play a crucial role in ensuring that intellectual creations are respected, consistent with Shariah principles that emphasize ethics in all forms of conduct, including writing and publishing. The study employs a textual analysis approach, reviewing fatwas and scholarly opinions on copyright, alongside a legal analysis of the provisions within the Copyright Act 1987. The findings highlight both the parallels and divergences between Islamic legal principles and Malaysian statutory provisions in safeguarding copyright. This research offers valuable insights into the harmony between civil and Shariah law in protecting authorship rights and proposes practical recommendations for Muslim writers and publishers in adhering to ethical and legal standards. Ultimately, this study contributes to greater awareness of the importance of copyright protection in fostering ethical scholarly development and responsible intellectual discour…
subject: Articles
  topic: section
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Copyright Act 1987
  topic: keywords
subject: Islamic law
  topic: keywords
subject: copyright ethics
  topic: keywords
subject: intellectual property
  topic: keywords
subject: Malaysian legal framework
  topic: keywords
subject: Akta Hak Cipta 1987
  topic: keywords
subject: undang-undang Islam
  topic: keywords
subject: etika hak cipta
  topic: keywords
subject: harta intelek
  topic: keywords
subject: kerangka perundangan Malaysia
  topic: keywords
subject: Intellectual Property Rights
  topic: subjects
subject: Islamic Studies
  topic: disciplines
subject: Law
  topic: disciplines
creator: Mushaddad Hasbullah
creator: Hashim Ahmad Shiyuti
creator: Abdul Manan Ismail
creator: Ahmad Zaki Salleh
creator: Mohamad Zaharuddin Zakaria
rights: Copyright (c) 2025 Mushaddad Hasbullah, Hashim Ahmad Shiyuti, Abdul Manan, Ahmad Zaki Salleh, Mohamad Zaharuddin Zakaria https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 365
ending page: 380
doi: 10.33102/mjsl.vol13no2.1181

BATTLING SHADOWS: ANALYSING THE TALIBAN-TTP NEXUS IN POST-2021 SECURITY DYNAMICS USING NATURAL LANGUAGE PROCESSING (NLP)
type: item
description: This study examines the evolving relationship between Tehrik-i-Taliban Pakistan (TTP) and the Afghan Taliban within the broader context of Pakistan’s counter-terrorism efforts and regional security environment following the United States (U.S.) withdrawal from Afghanistan in 2021. Adopting a mixed-methods approach, the research draws on a diverse corpus of news reports, official statements, and scholarly sources in English, Urdu, and Farsi. Our analysis focuses on the period post-September 1, 2021, using data from the Nexis Uni academic database. Employing Latent Dirichlet Allocation (LDA), the study analyses 2,889 articles to identify thematic patterns and discursive trends. A customised analytical framework categorises the findings into four key components: motivational, religious, ethno-racial, and administrative. By mapping these dimensions, the study offers insights into the factors shaping Pakistan’s strategic posture and decision-making. This research contributes to the growing body of literature on terrorism, counter-terrorism, and regional security in South and Central Asia, with a particular focus on the post-2021 dynamics between Pakistan, the Afghan Taliban, and the TTP.
subject: Articles
  topic: section
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Afghanistan
  topic: keywords
subject: counter-terrorism
  topic: keywords
subject: Latent Dirichlet Allocation (LDA)
  topic: keywords
subject: pashtun
  topic: keywords
subject: religious-ideological rhetoric
  topic: keywords
subject: Taliban
  topic: keywords
subject: Tehrik-i-Taliban Pakistan (TTP)
  topic: keywords
subject: Security and Terrorism Studies
  topic: subjects
subject: Syariah
  topic: disciplines
subject: Law
  topic: disciplines
creator: Scott N. Romaniuk
creator: Mostafa Amini
creator: Anwar Ouassini
creator: László Csicsmann
rights: Copyright (c) 2025 Scott N. Romaniuk, Mostafa Amini, Anwar Ouassini, László Csicsmann https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 381
ending page: 400
doi: 10.33102/mjsl.vol13no2.1050

ANALYSING MINISTERIAL REASONS FOR BANNING BOOKS UNDER THE PRINTING PRESSES AND PUBLICATIONS ACT 1984
type: item
description: The publication of books reflects the advancement of a country’s civilisation. This right is affirmed by Article 10(1) of the Federal Constitution (FC), which guarantees every person the right to freedom of speech and expression. However, this right is subject to certain limitations that may be imposed by Parliament, as prescribed in Article 10(2) of the FC. Among the laws governing this freedom is the Printing Presses and Publications Act 1984 (Act 301) (PPPA 1984). Section 7(1) of the PPPA 1984 empowers the Minister to prohibit publications whose content is, or is likely to be, prejudicial to public order, morality and security or other specified interests. An issue arises from Section 7 of the PPPA 1984, which lacks clarity regarding the requirement for the Minister to provide reasons when banning a publication. This research adopts a doctrinal approach, involving detailed analysis of the FC, the PPPA 1984, relevant case law, and scholarly writings in this area. The research finds that, although Section 7(1) of the PPPA 1984 does not explicitly require the Minister to provide reasons for issuing a ban, judicial decisions have established the necessity of doing so when executive discretion is exercised. The research proposes amending the section, considering the Court of Appeal’s case of Menteri Dalam Negeri & Anor v Chong Ton Sin (t/a Gerakbudaya Enterprise) & Anor (2024) 1 MLJ 611, where not only must the Minister state the reason for a ban as provided in section 7 of the Act, but also briefly explain it. Such a requirement would enhance transparency in governance by ensuring that ministerial decisions are clear and comprehensible, thereby aligning with the principles of natural justie.
subject: Articles
  topic: section
subject: lslamic Legal Administration / Administrative Law
  topic: category
subject: Publication
  topic: keywords
subject: expression
  topic: keywords
subject: Printing Presses and Publications Act 1984
  topic: keywords
subject: prejudicial, public order
  topic: keywords
subject: constitutional law
  topic: subjects
subject: administrative law
  topic: subjects
subject: Law
  topic: disciplines
creator: Mohd Safri Mohammed Na'aim
creator: Mohd Zamree Mohd Zahir
creator: Ramalinggam Rajamanickam
creator: Nur Khalidah Dahlan
creator: Hasnizam Hashim
rights: Copyright (c) 2025 Mohd Safri Mohammed Na'aim, Mohd Zamree Mohd Zahir, Ramalinggam Rajamanickam, Nur Khalidah Dahlan, Hasnizam Hashim https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 401
ending page: 412
doi: 10.33102/mjsl.vol13no2.1166

THE IMPORTANCE OF PROBATION REPORTS IN DETERMINING EFFECTIVE REHABILITATION ORDERS UNDER THE MALAYSIAN CHILD ACT 2001: A CRITICAL ANALYSIS
type: item
description: Children who come into conflict with the law often do so due to unfavourable social environments, and exposure to the harsh criminal justice system can have long-term detrimental effects. Recognising that institutionalisation is not always the best solution, modern legal frameworks emphasise rehabilitation over punishment, aligning with the best interests of the child. Previous research argues that due to their immaturity and inability to distinguish right from wrong, society should give children a chance to be rehabilitated so that they can become good citizens. However, it is crucial not to send the wrong message to the community, suggesting that children will be treated leniently for criminal behaviour. Courts must therefore carefully determine when a child offender should be placed in a correctional institution and when community-based rehabilitation is more appropriate. In this article, the authors will examine the significance of probation reports in assisting the court in determining an appropriate order for child offenders. This study evaluates how probation reports influence sentencing decisions through an analysis of relevant case law and a comparative review of legal approaches in jurisdictions such as the United Kingdom and Australia. To achieve the objectives set for this article, the authors have adopted a qualitative approach. This involves analysing relevant texts and case law in Malaysia, as well as comparing practices in the United Kingdom and Singapore to identify best practices and common challenges. This article provides a critical analysis of the legal aspects, offering insightful perspectives on efforts to ensure that orders issued by the Court For Children, with valuable input from probation reports, are suitable for the rehabilitation of child offenders.
subject: Articles
  topic: section
subject: lslamic Legal Administration / Administrative Law
  topic: category
subject: Islamic Criminal Law / Criminal Law
  topic: category
subject: Probation report
  topic: keywords
subject: probation officer
  topic: keywords
subject: child offender
  topic: keywords
subject: Court For Children
  topic: keywords
subject: Child Law
  topic: subjects
subject: Law
  topic: disciplines
creator: Jal Zabdi Mohd Yusoff
creator: Zulazhar Tahir
creator: Siti Zaharah Jamaluddin
rights: Copyright (c) 2025 Jal Zabdi Mohd Yusoff, Zulazhar Tahir, Siti Zaharah Jamaluddin https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 413
ending page: 427
doi: 10.33102/mjsl.vol13no2.1199

PEMERKASAAN BAHAGIAN SOKONGAN KELUARGA JABATAN KEHAKIMAN SYARIAH NEGERI SELANGOR MENGIKUT UNDANG-UNDANG SYARIAH DI MALAYSIA
type: item
description: The issue of non-compliance in paying maintenance is one that often arises in marriage, especially after divorce. Ideally, such issues should not occur to the extent that intervention from the Shari‘ah Court is required to compel a father to support his own child. Due to the severity of this problem, the authorities have taken the initiative to establish the Family Support Division (BSK) under the Malaysian Shari‘ah Judiciary Department (JKSM). The BSK was established as a result of the 46th National Council Conference of Malaysian Islamic Religious Affairs held on 7 June 2007 in Putrajaya, chaired by Malaysia’s fifth Prime Minister, Tun Abdullah Ahmad Badawi. However, the question arises as to whether the BSK, along with its functions and implementation, needs to be gazetted to be effective in the Shari‘ah Courts, or whether a specific provision should be added to the Administrative Act/Enactment to demonstrate its source of authority. This study aims to identify the functions and roles of the BSK in the procedure for implementing and enforcing maintenance orders, analyse the problems faced by the BSK in enforcing current or outstanding orders, and propose solutions to these issues. The research adopts a qualitative methodology, with data collected from primary and secondary sources such as judicial books, religious texts, theses, and relevant journal articles. A total of five officials were interviewed. The findings indicate weaknesses in the legal aspects relating to the establishment of the BSK. Further studies may be undertaken to examine the need for drafting or amending laws to empower the Family Support Division in Malaysia, including the enactment of new legislation on enforcement procedures and the execution of orders in the Shari‘ah Courts, to achieve its objectives. Abstrak Isu pengabaian nafkah merupakan perkara yang sering berlaku sama ada dalam perkahwinan, apatah lagi setelah berlakunya perceraian. Sepatutnya, tidak wajar timbul isu pemberian nafkah …
subject: Articles
  topic: section
subject: Islamic Family Law / Family Law
  topic: category
subject: Enforcement
  topic: keywords
subject: implementation
  topic: keywords
subject: family support division
  topic: keywords
subject: order
  topic: keywords
subject: maintenance
  topic: keywords
subject: penguatkuasaan
  topic: keywords
subject: pelaksanaan
  topic: keywords
subject: Bahagian Sokongan Keluarga
  topic: keywords
subject: perintah
  topic: keywords
subject: naskah
  topic: keywords
subject: Islamic Family Law
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Siti Madihah Ruzmi
creator: Asma Hakimah Ab Halim
creator: Fatimah Yusro Hashim
rights: Copyright (c) 2025 Siti Madihah Ruzmi, Asma Hakimah Ab Halim, Fatimah Yusro Hashim https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 428
ending page: 444
doi: 10.33102/mjsl.vol13no2.724

THE APPLICATION OF SYARIAH LAW IN NAVIGATING THE CHALLENGES OF TECHNOLOGY-FACILITATED SEX TRAFFICKING
type: item
description: This article examines the phenomenon of Technology-Facilitated Sex Trafficking (TFST) in Malaysia, with focusing on the application of Syariah Law. TFST utilises digital platforms to exploit victims, presenting significant challenges for law enforcement and victim protection efforts. This study aims to analyse how Malaysia’s current civil and Syariah legal frameworks respond to the complexities of TFST and to propose a more ethically grounded solution based on Islamic legal principles. This article adopts a doctrinal methodology to assess the synergy and limitations between current statutory laws and Islamic legal thought. The discussion highlights how Syariah law can inform and enhance legal responses to TFST, ensuring alignment with both ethical considerations and the protection of human rights in Malaysia. The research highlights gaps in enforcement, including limitations in detecting technology-driven crimes, inter-agency coordination challenges, and insufficient victim-centred protections. Drawing on Islamic principles such as justice (al-adl), human dignity (karamah insaniyyah), and the prohibition of exploitation (zulm), the study provides an ethical perspective on the issue. This article contributes to existing literature by offering a comparative lens between Islamic and statutory law, proposing integrated legal reform to address TFST more holistically. The findings emphasise the need for Malaysia to strengthen its enforcement mechanisms and enhance legal processes to address TFST effectively. This study proposes reforms to Malaysia’s legal response to TFST by grounding it in Syariah values that uphold dignity and ensure justice within the country’s dual legal system.
subject: Articles
  topic: section
subject: Islamic Criminal Law / Criminal Law
  topic: category
subject: Technology
  topic: keywords
subject: sex trafficking
  topic: keywords
subject: Islamic law
  topic: keywords
subject: legal framework
  topic: keywords
subject: Islamic principles
  topic: keywords
subject: Islamic Criminal Law
  topic: subjects
subject: Law & technology
  topic: subjects
subject: Syariah
  topic: subjects
subject: Contemporary issues
  topic: disciplines
subject: CRIMINAL LAW
  topic: disciplines
subject: Technology and Law
  topic: disciplines
subject: syariah and islamic law
  topic: disciplines
creator: Nur Haziqah Dahli
creator: Hartini Saripan
rights: Copyright (c) 2025 Nur Haziqah Dahli, Hartini Saripan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 445
ending page: 455
doi: 10.33102/mjsl.vol13no2.1165

التحديات القانونية للخطر السيبراني على المعاملات التجارية
type: item
description: Cyber risk has become one of the most prominent threats facing modern societies, as attackers rely on cyberspace to carry out illegal cyber-attacks targeting sensitive data and information. These attacks, which are increasing with the digital transformation and the spread of electronic commercial transactions, pose significant challenges in both cybersecurity and legal domains. While cyber risk differs from traditional risks by being intangible and invisible, its impact can be widespread on individuals, companies, and institutions. This research aims to shed light on the legal challenges associated with cyber risk and its impact on electronic commercial transactions. The study addresses how to confront these challenges by analyzing the available legal mechanisms and exploring solutions that may mitigate the effects of cyber-attacks. It also focuses on the importance of enhancing cybersecurity, which is a fundamental means to protect information and commercial transactions in the digital age, emphasizing the need to provide both technical and human resources to achieve it. The research employed a descriptive and analytical approach to study the phenomenon of "cyber risk", define its dimensions, and explore ways to address it. Additionally, the concept of "cybersecurity" was analyzed from multiple perspectives, including the technical and legal challenges that hinder its effective realization. The study arrived at several important findings, including that cyber risk constitutes an invisible threat that is often discovered after a certain period, making it more difficult to counteract. Achieving cybersecurity requires significant human and technical resources to minimize these attacks. Moreover, the study pointed out the difficulties faced by insurance companies in dealing with cyber risk insurance, as they have cautiously begun insuring it due to its complexities. The study recommended several proposals to combat cyber risk, including the development of national cybe…
subject: Articles
  topic: section
subject: Islamic International Law / International Law
  topic: category
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Cyber risk
  topic: keywords
subject: cybersecurity
  topic: keywords
subject: electronic commercial transactions
  topic: keywords
subject: cyber risk insurance
  topic: keywords
subject: al-khaṭar as-sībirānī
  topic: keywords
subject: al-amn as-sībirānī
  topic: keywords
subject: al-muʿāmalāt at-tijārīyah al-iliktrūnīyah
  topic: keywords
subject: at-taʾmīn ʿalā al-makhāṭir as-sībirānīyah
  topic: keywords
subject: Law
  topic: subjects
subject: Electronic Commerce Contract
  topic: disciplines
subject: Cyber Law
  topic: disciplines
subject: Civil Law
  topic: disciplines
creator: Alaa Hussein Ali
creator: Wurood Khalid Mohameed
creator: Mahmood Shaker Alaloosh
rights: Copyright (c) 2025 Alaa Hussein Ali, Wurood Khalid Mohameed, Mahmood Shaker ALaloosh https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 456
ending page: 475
doi: 10.33102/mjsl.vol13no2.1036

الأمة والمواطنة في وثيقة المدينة: تحليل الأسس والمعايير الدستورية ودورها في تعزيز التعايش الحضاري
type: item
description: This study aims to analyze the term "ummah" (nation) in both its general and specific contexts within the Islamic constitutional framework, exploring its relationship with religion and citizenship. The research stems from the need for a deeper understanding of the constitutional concepts embodied in the Constitution of Medina, as the first legislative model that regulated coexistence in a multi-religious and multi-ethnic society. The study employs an inductive-analytical approach to examine jurisprudential and constitutional sources, with a focus on extracting the foundations that promote the values of citizenship within a single state. The analysis of the principles and criteria of the Ummah and citizenship in the Constitution of Medina relies on a descriptive methodology to trace the fundamental components and an analytical methodology to interpret the constitutional relationships and implications. Among the key findings of the study are: that Islamic constitutionalism preceded other systems in regulating societal relations through concepts that ensure the continuity of coexistence despite religious and ethnic diversity. Additionally, the Constitution of Medina established certain principles, including three core principles: national belonging, societal security, and shared responsibility, as a constitutional framework governing the relationship between citizens and the state. The intellectual contribution of this research is its comprehensive constitutional analysis that connects the ummah, as a bond of religious identity, with citizenship, as a bond defined by constitutional law, showcasing how the document established a practical model for a pluralistic civil state. الملخص تهدف هذه الدراسة إلى تحليل مصطلح "الأمة" بمفهوميه العام والخاص في الإطار الدستوري الإسلامي، وعلاقته بالدين والمواطنة، انطلاقًا من الإشكالية المتمثلة في الحاجة إلى فهمٍ معمق للمفاهيم الدستورية التي تضمنتها وثيقة المدينة كأول نموذجٍ تشريعي يُنظِّم التعايش في مجتمعٍ متعدد الديانات والأعراق. تعتم…
subject: Articles
  topic: section
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Nation
  topic: keywords
subject: citenship
  topic: keywords
subject: constitutional foundations
  topic: keywords
subject: Medina Charter
  topic: keywords
subject: cohesion
  topic: keywords
subject: al-ummah
  topic: keywords
subject: al-muwāṭanah
  topic: keywords
subject: al-usus ad-dustūriyyah
  topic: keywords
subject: wathīqat al-madīnah
  topic: keywords
subject: at-taʿāyush
  topic: keywords
subject: Islamic Law
  topic: subjects
subject: al-Fiqh al-Dustūrī
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Baidar Mohammed Mohammed Hassan
creator: Dina Imad
creator: Mohamed Mahmoud El Gammal
rights: Copyright (c) 2025 Baidar Mohammed Mohammed Hassan, Dina Imad, Mohamed Mahmoud El Gammal https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 476
ending page: 501
doi: 10.33102/mjsl.vol13no2.1259

SOCIAL FINANCE INNOVATION: QARDH-WA’AD FOR SUSTAINABLE BAZNAS MICROFINANCE DESA (BMD) FINANCING THROUGH PRODUCTIVE ZAKAT
type: item
description: This study examines innovations in the distribution of productive zakat carried out by BAZNAS Microfinance Desa (BMD) through a combination of qardh and wa'ad contracts, as well as the legal culture of the community in financing schemes in Bogor and Bukittinggi, Indonesia. Data were collected using multiple methods, including document analysis, in-depth interviews, direct observation, and Focus Group Discussions. The study finds that BMD employs the qardh contract as the foundation for distributing productive zakat funds. The use of a commitment sheet (wa’ad) as a guarantee for fund repayment further reinforces this mechanism. BMD adopts a community-based financing approach that aligns with the Indonesian cultural value of gotong royong, which emphasizes mutual cooperation. Data analysis, conducted through a cyclical approach, reveals that the application of qardh mechanism with wa’ad contract— alongside specific eligibility requirements—is effective in generating sustainable impact. The findings indicate that this community-based model significantly contributes to the success of fund recovery. The study suggests combining different contractual instruments in the allocation of productive zakat, within the framework of social financing, has the potential to yield substantial and enduring benefits for the wider community. The implications of this study extend to the realm of a novel approach to the distribution of productive zakat, one that utilizes the legal culture of the community.
subject: Articles
  topic: section
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Productive zakah
  topic: keywords
subject: qardh
  topic: keywords
subject: wa’ad
  topic: keywords
subject: Islamic financing
  topic: keywords
subject: zakah distribution
  topic: keywords
subject: Zakat
  topic: subjects
subject: Syariah
  topic: disciplines
subject: Fiqh al-Muamalah
  topic: disciplines
subject: Islamic Finance
  topic: disciplines
creator: Duhriah
creator: Fauzi Yati
creator: Yovidal Yazid
creator: Aulia Rahmat
creator: Muslim
rights: Copyright (c) 2025 Duhriah, Fauzi Yati, Yovidal Yazid, Aulia Rahmat, Muslim https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 502
ending page: 513
doi: 10.33102/mjsl.vol13no2.979

حجية شهادة من لا دين له في الإمارات: دراسة في الشريعة والقانون
type: item
description: Testimony is considered one of the most important means of proof, as it preserves rights and demonstrates the virtue of telling the truth. Testimony must be direct, such that the witness gives his testimony according to what he saw with his own eyes or heard with own his ears, regardless of his religion. But the matter may take a different turn, as the witness may not adhere to any religion at all. This study examines the validity of the testimony of a person who does not profess any religion as evidence per the U.A.E Federal Evidence Law No. 35 of 2022. It is divided into three sections that deal with the nature of testimony, the conditions for the validity of testimony, and the authenticity of the testimony of a person who has no religion. In this study, we employed the descriptive approach, the analytical approach, and the inductive approach. This study is of great importance in the Islamic and Arab society in general and the Emirati society in particular, given the diversity of the communities that live there and the diversity of their religions. This study contributes to illuminating the way for the judge to value the testimony of someone who has no religion and give it the weight it deserves. This study also holds global significance, as it assists judges in reaching fair judgments in legal disputes by offering an alternative approach: allowing testimony from a witness who has no religion without requiring him to take an oath, provided the witness presents an official document from his country's consulate confirming that he has sworn an oath according to the procedures of his own country's law regarding testimony in such matters. This document serves as a specific guarantee to enhance the witness's credibility, and it leaves the judge with the discretion to determine whether to accept the testimony and what weight to give it, based on his own assessment and within his discretionary authority in this concern. It has concluded that it is not possible to trust th…
subject: Articles
  topic: section
subject: Special Content Articles
  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: Authenticity
  topic: keywords
subject: testimony
  topic: keywords
subject: one who has no religion
  topic: keywords
subject: proof
  topic: keywords
subject: Federal Evidence Law
  topic: keywords
subject: al-ḥujjiyyah
  topic: keywords
subject: al-shahādah
  topic: keywords
subject: man lā dīna lah
  topic: keywords
subject: al-ithbāt
  topic: keywords
subject: Qānūn al-Ithbāt al-Ittiḥādī
  topic: keywords
subject: Evidence law
  topic: subjects
subject: Law
  topic: disciplines
creator: Zaid Muhmoud Agaileh
rights: Copyright (c) 2025 Zaid Muhmoud Agaileh https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 514
ending page: 537
doi: 10.33102/mjsl.vol13no2.848

OPTIMIZING WORKING CAPITAL FINANCING IN INDONESIA: AN ISLAMIC ECONOMIC LAW PERSPECTIVE
type: item
description: Islamic banking firms in Indonesia face challenges in maximizing working capital funding. These challenges stem from the limited use of digital technology, partially adaptable legislation, and inadequate risk management skills aligned with Shariah principles and values. This paper analyzes the use of Islamic economic law concepts in developing effective, equitable, and Shariah-compliant working capital financing solutions. This study employs a qualitative approach, utilizing a literature review method and a descriptive-analytical framework to analyze literature on Islamic economic law, DSN-MUI fatwas, and the operational practices of Islamic financial institutions. The data are sourced from the Financial Services Authority (OJK), an independent state institution responsible for regulating and supervising the financial services sector in Indonesia. The results indicate that fundamental principles, including the prohibition of usury, fairness ('adl), partnership (syirkah), and transparency, serve as the primary foundations for the execution of Islamic financial contracts such as mudharabah, musyarakah, and murabahah. In contrast to traditional financial institutions that rely on interest, LKI prioritizes a balanced system of profit-sharing and risk-sharing, thereby promoting engagement in genuine economic activity. Furthermore, DSN-MUI Fatwa No. 117/DSN-MUI/IX/2018 on Shariah digital financial services enhances the technology dimension in delivering secure and efficient funding. This research establishes that Islamic economic law is essential for developing an inclusive, sustainable, and maqashid Shariah-compliant working capital finance system. It significantly enhances the practice of Islamic economic law and presents strategic suggestions for LKI to address issues in financing the productive sector, particularly MSMEs in Indonesia.
subject: Articles
  topic: section
subject: Islamic Economic Law / Economic Law
  topic: category
subject: Optimisation
  topic: keywords
subject: working capital financing
  topic: keywords
subject: Islamic bank
  topic: keywords
subject: Islamic economic law
  topic: keywords
subject: Islamic Economic Law
  topic: subjects
subject: Syariah
  topic: disciplines
subject: Law
  topic: disciplines
creator: Heni Noviarita
creator: Khavid Normasyhuri
creator: Jum Anggriani
creator: Hasani Ahmad Said
creator: Abdul Qodir Zaelani
rights: Copyright (c) 2025 Heni Noviarita, Khavid Normasyhuri, Jum Anggriani, Hasani Ahmad Said, Abdul Qodir Zaelani https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 538
ending page: 556
doi: 10.33102/mjsl.vol13no2.1374

LEGAL STRENGTHENING THROUGH INFRASTUCTURE DEVELOPMENT FINANCING SUPPORT IN PUBLIC-PRIVATE PARTNERSHIP (PPP) SCHEME
type: item
description: This study aims to comprehensively analyze the implementation and effectiveness of regulatory instruments designed to strengthen infrastructure financing through the Public-Private Partnership (PPP) scheme in Indonesia. PPP serves as a crucial mechanism to mobilize private sector participation in addressing the nation’s infrastructure financing gap while improving the efficiency and quality of public service delivery. The research focuses on the regulatory framework introduced by Minister of Finance Regulation Number 68/2024, which marks a significant advancement in Indonesia’s PPP governance by providing a more coherent and comprehensive legal foundation to accelerate sustainable and inclusive infrastructure development. The regulation emphasizes the optimization of government support mechanisms such as the pre-project development facility (Pre-PDF), project development facility (PDF), infrastructure guarantees, and feasibility support, all of which are essential in mitigating risks and enhancing project bankability. Employing a normative juridical method through statutory and conceptual approaches, this study examines the consistency between the regulation’s normative design and its practical application while identifying strategic measures to strengthen its effectiveness. The findings indicate that Minister of Finance Regulation Number 68/2024 successfully addresses normative gaps found in previous frameworks, particularly Presidential Regulation No. 38 of 2015, which lacked clarity in project preparation, risk-sharing, and guarantee mechanisms. Moreover, the regulation enhances collaboration between the government and private sector, promotes innovative financing models, and reinforces transparency and governance standards within PPP arrangements. The study’s key contribution lies in its comprehensive evaluation of how regulatory reform under Minister of Finance Regulation Number 68/2024 reshapes Indonesia’s PPP ecosystem, offering actionable insights for policy…
subject: Articles
  topic: section
subject: Contemporary Islamic Issues/ Contemporary Legal Issues
  topic: category
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Strengthening
  topic: keywords
subject: public-private partnership (PPP)
  topic: keywords
subject: infrastructure
  topic: keywords
subject: financing support
  topic: keywords
subject: Law and Policy on Infrastructure Financing
  topic: subjects
subject: Law
  topic: disciplines
subject: Contemporary Legal Issues
  topic: disciplines
subject: Law and Society
  topic: disciplines
creator: Kurdi
creator: Prita Amalia
creator: Yuki Mahardhito Adhitya Wardhana
rights: Copyright (c) 2025 Kurdi, Prita Amalia, Yuki Mahardhito Adhitya Wardhana https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 557
ending page: 571
doi: 10.33102/mjsl.vol13no2.1238

GARIS PANDUAN SERTU MENURUT PERSPEKTIF ISLAM – JAKIM: A CRITICAL REVIEW
type: item
description: The halal industry in Malaysia is rapidly expanding in line with the National Halal Policy 2025–2035, aiming to establish a holistic and conducive halal ecosystem globally. One of the key requirements for halal certification is the implementation of the sertu process in cases of contamination involving severe impurities (najs mughallazah) from dogs, pigs, and their derivatives. To standardize this practice, the Department of Islamic Development Malaysia (JAKIM) published the Garis Panduan Sertu menurut Perspektif Islam. More than a decade since its implementation, however, several concerns have been raised by stakeholders regarding its clarity and practicality in meeting industry needs. This study critically reviews the Garis Panduan Sertu menurut Perspektif Islam to identify key implementation issues, categorize them into related themes, and propose recommendations for improvement. Adopting a qualitative approach, the research is based on content analysis of the guideline and insights gathered through round table discussions with stakeholders and industry representatives, focusing on both fiqh and technical aspects. The data collection by content analysis is systematically reviewed, and textual data is coded by breaking it into meaningful units, which are then categorized based on predefined or emergent themes to identify patterns relevant to the research question. The round table discussions collect qualitative data by engaging stakeholders in structured dialogue, which is recorded, transcribed, and thematically analyzed to capture diverse perspectives and in-depth insights. Both methods rely on careful transcription, coding, and thematic analysis to produce organized, meaningful qualitative findings. The findings reveal 11 core issues and recommend five amendments: establishing mandatory conditions for sertu, refining material specifications, standardizing soil preparation methods, enhancing the sertu procedure, and incorporating post-sertu cleaning protocols. Th…
subject: Articles
  topic: section
subject: Islamic Law Related to Halal Studies / Law on Halal and Consumerism
  topic: category
subject: Sertu guideline
  topic: keywords
subject: Islamic cleansing
  topic: keywords
subject: halal industries
  topic: keywords
subject: najs mughallazah
  topic: keywords
subject: Halal
  topic: subjects
subject: sertu
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Wan Ainaa Mardhiah Wan Zahari
creator: Nur Zainatul Nadra Zainol
creator: Mohd Mahyeddin Mohd Salleh
creator: Mohd Nasir Abdul Majid
creator: Irwan Mohd Subri
creator: Ahmad Sharifuddin Mustapha
rights: Copyright (c) 2025 Wan Ainaa Mardhiah Wan Zahari, Nur Zainatul Nadra Zainol, Mohd Mahyeddin Mohd Salleh, Mohd Nasir Abdul Majid, Irwan Mohd Subri, Ahmad Sharifuddin Mustapha https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 572
ending page: 590
doi: 10.33102/mjsl.vol13no2.757

TRANSFORMATION OF LOCAL NORMS IN INHERITANCE DIVISION IN PANTURA: A SOCIOLOGY OF LAW APPROACH
type: item
description: This study investigates the transformation of local inheritance norms in Pantura, Central Java, Indonesia, through the lens of legal sociology. The problem addressed in this research is the persistence of legal uncertainty arising from the coexistence of customary law, state law, and Islamic law in regulating inheritance distribution. While inheritance in Muslim communities is normatively governed by Islamic principles, local practices often diverge, reflecting negotiation between tradition, religion, and modern legal frameworks. Employing a qualitative research design, this study draws upon in-depth interviews with 23 informants (male and female beneficiaries) from various villages across Pantura. The findings reveal that Islamic law remains the dominant reference in inheritance practices, with 60.8% of respondents prioritizing religious norms, followed by 34.7% referencing customary law and 4.3% adhering to state law. This pattern underscores the enduring legal pluralism in rural Java, where community values of fairness, kinship, and social harmony guide the practical application of inheritance rules. The study contributes to socio-legal scholarship by demonstrating how local communities actively reinterpret Islamic and customary norms to align with contemporary notions of justice and familial solidarity, thereby shaping a hybrid legal order. These insights not only illuminate the adaptive character of local legal culture but also enrich broader discussions on the dynamics of pluralism and legal transformation in postcolonial societies.
subject: Articles
  topic: section
subject: Islamic Family Law / Family Law
  topic: category
subject: Islamic Law and Society / Law and Society
  topic: category
subject: Customary law
  topic: keywords
subject: inheritance division
  topic: keywords
subject: Islamic law
  topic: keywords
subject: sociology of law
  topic: keywords
subject: transformation of local norms
  topic: keywords
subject: Islamic Inheritance Law
  topic: subjects
subject: Society and law
  topic: subjects
subject: Syariah
  topic: disciplines
creator: Inna Fauziatal Ngazizah
rights: Copyright (c) 2025 Inna Fauziatal Ngazizah https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-31
publication date: 2025-08-31
starting page: 591
ending page: 603
doi: 10.33102/mjsl.vol13no2.1124