INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY

The Concept of Cause and its Functions According to Al-Amedi

Layla Layla — 2025-12-31

In this research, the concept of cause was discussed. This concept is central in jurisprudential studies. Attempts were made to throw light on the concept and its common literal and jurisprudential aspects. A special part was dedicated to the approach of the author of the book Precision of Principles of Judgements, which is specialized in developing the principles of jurisprudence. The latter effort was made to explain Al-Amedi’s point of view regarding the concept of cause and the relevant Sharia and rational orders and purposes.

ANALYSIS OF THEFT SANCTIONS: A COMPARISON OF INDONESIAN POSITIVE LAW, ISLAMIC CRIMINAL LAW, AND MUHAMMAD SYAHRUR'S CONTEMPORARY PERSPECTIVE

Mia Fitriah Elkharimah — 2025-12-31

This study compares theft sanctions in the Indonesian Criminal Code (KUHP), classical Islamic criminal law, and Muhammad Syahrur’s Theory of Hudud. The findings show fundamental normative and practical differences among the three systems. KUHP emphasizes flexibility, rehabilitation, and human rights, while classical Islamic law stipulates strict hudud amputation under very specific conditions. Syahrur offers a contextual reinterpretation by viewing amputation as the maximum limit, allowing alternative sanctions such as imprisonment or fines that remain within sharia boundaries. His approach provides a more humane and adaptable model suitable for Indonesia’s pluralistic legal context. Although Syahrur’s theory is widely appreciated in theft cases, its broader application in other areas of Islamic law remains controversial. This study contributes to ongoing efforts to harmonize divine principles with modern legal and human rights standards.

Restorative Justice in the Perspective of Islamic Law: A Literature Study on Its Relevance in Modern Society

Andre Aazahria Setiawan — 2025-12-31

This study aims to examine the concept of restorative justice within the perspective of Islamic law and to explore its relevance to the modern criminal justice system. Using a literature review method, this research analyzes twenty accredited scientific articles published between 2015-2025. The findings indicate that the fundamental values of restorative justice, such as sulh, diyyah, and afw, have long been recognized in the tradition of Islamic law. This approach places emphasis not only on punishment but also on reconciliation, victim recovery, and the reintegration of offenders into society. In the context of contemporary legal practice, restorative justice has the potential to address issues such as excessive criminalization, prison overcrowding, and the declining public trust in legal institutions. However, its implementation requires regulatory support, professional training for law enforcement officers, and the internalization of maqashid sharia values within the national legal system. This study concludes that restorative justice is not only compatible with Islamic law but can also serve as a strategic approach to building a legal system that is more humane and socially just

The Effectiveness of the Drug Free Program (Bersinar) by the National Narcotics Agency of Palu City in Relation to Family Resilience

Tazkia Aulia — 2025-12-31

This research aims to evaluate the effectiveness of the Drug Free Program or “bersinar” conducted by the National Narcotics Board of Palu City in addressing family resilience dysfunction and to analyze these efforts from the perspective of Maqashid Syariah. Using a qualitative empirical approach with descriptive analysis this study gathers data through in depth interviews observations and documentation involving various stakeholders in Palu City. The results indicate that the “bersinar” program has not yet achieved optimal effectiveness in overcoming family resilience dysfunction due to several inhibiting factors such as inconsistent coordination between agencies limited budget for rehabilitation services and low community participation caused by social stigma. Furthermore many families of drug users exhibit structural and functional disturbances including poor communication and lack of emotional support which hinder the recovery process of addicts. From the perspective of Maqashid Syariah the success of narcotics prevention is deeply rooted in the protection of the five essential elements especially the soul and the intellect which can only be achieved if family resilience is functioning optimally as the primary social defense.

Comparative Analysis of Global AI Ethics Frameworks and Islamic Ethical Principles in Financial Technology

Onike Morufu Abdul-Azeez — 2025-12-31

AI has inevitably become part of all areas of business and society, including banks and finance houses, and this has necessitated the formulation of various AI ethical frameworks like that of international organisations like UNESCO and EU among others. However, with due consideration of the uniqueness of Islamic finance, guided by Islamic ethical principles, which is built on objectives of shar’ah (maqasid As-Shar’iah), which emphasize benefit’s promotion (that is, jalb al-maslahah) and harm prevention (that is, dar’ al-mafsadah, there is need to explore the possible areas of convergence, divergence or gaps between the global AI ethical principles as prepared by the EU, OECD, UNESCO among others and Islamic finance ethics enshrined in maqasid as-Shariah, therefore, the aim of this paper is to comparatively analyse global AI ethics frameworks as well as Islamic ethical principles, particularly from maqasid as-Shariah perspective, by devising a shariah compliant framework of Islamic AI ethics principles for implementation in the Islamic FinTech sector. The study adopts qualitative content analysis methodology, supported by thematic analysis through manual tagging of the various ethical principles. Findings show that there is a substantial alignment between the three reviewed global AI ethics principles and Islamic ethics principles, not with standing the issues of intention and sources of the ethics—secular and divine. The resultant framework would help in guiding AI development in Islamic fintech.

Problematics of Single Parenting of Their Biological Children and Its Consequences From the Perspective of Islamic Law (Case Study at the Office of the Ministry of Religious Affairs, Palu City)

Nadya Alwi — 2025-12-31

This study analyzes the challenges of single mother parenting and its legal consequences from an Islamic law perspective at the Office of the Ministry of Religious Affairs in Palu City. Using a qualitative approach, data were gathered through interviews, observation, and documentation, then analyzed via reduction, display, and conclusion drawing. The results reveal that single mothers face significant emotional and economic shifts, including limited time with children due to increased work demands. To compensate, these mothers adopt dual roles as both provider and nurturer. The findings indicate that while single parents encounter obstacles in child discipline, they predominantly implement democratic parenting. From an Islamic law perspective, this democratic approach is considered the most suitable for child development. The study recommends that religious institutions intensify family law outreach and counseling specifically for single mothers. Furthermore, cross-sector collaboration between the Ministry of Religious Affairs, social services, and child protection agencies is essential to establish a robust support system for single-parent households.