International Journal of Law and Society

PRISMA-Based Study on Integrating Islamic Principles into Legal Systems

Andri Nirwana AN — 2024-12-12

This study explores the application of Qur'anic human rights principles in Egypt and Indonesia, focusing on how Islamic teachings are integrated into modern legal systems amidst different cultural, political, and historical contexts. The study investigates the balance between universal human rights standards and Islamic jurisprudence, identifying variations in the interpretation and application of these principles in both countries. The PRISMA framework was used as the basis for the method, ensuring a systematic and transparent approach to reviewing legal texts, academic literature, and case studies. The technique began by identifying sources relevant to applying human rights law in the context of Islamic teachings in Egypt and Indonesia. A focused search was conducted using Web of Science and Scopus databases, targeting articles published between 2014 and 2024. Inclusion criteria ensured that the study analyzed recent and high-quality research on the intersection of Qur'anic principles and international human rights standards. The study shows that Egypt faces challenges in implementing Qur'anic teachings due to conservative interpretations that limit gender equality, freedom of expression, and freedom of religion. In contrast, Indonesia is more flexible by balancing Islamic principles with modern democratic values. This allows for a broader interpretation of Qur'anic principles, especially gender equality and religious freedom. The role of ijtihad in Indonesia is crucial in adapting Islamic law to contemporary human rights standards. This study highlights the complexity of aligning Islamic teachings with global human rights norms. It emphasizes the importance of revisiting traditional interpretations of the Qur'an to better align them with contemporary values of justice, equality, and human dignity, as well as ensuring respect for the human rights of all citizens.

Reforming Fiqh Al-Bi’ah (Ecological Jurisprudence) based on Islam Hadhari

Muhammad Majdy Amiruddin — 2024-12-17

This study seeks to reconstitute Fiqh al-Bi’ah through the Islam Hadhari framework, amalgamating Muamalah and cultural aspects into a holistic ecological management model. The research employed a grounded theory methodology in Terengganu, Malaysia, utilizing data collection methods that included in-depth interviews with local community members and participatory observations of marine conservation practices. The gathered data were subjected to thematic analysis to discern patterns and correlate them with Islamic ecological principles. Data validation was accomplished via triangulation, guaranteeing consistency across many sources and methodologies. The results indicate that local traditions, including mangrove conservation, sustainable fishing methods, and spiritual ceremonies, correspond with the tenets of tawazun (balance), adl (justice), and ri’ayah al-bi’ah (environmental stewardship). This reformulation presents new dimensions, including Muwafaqah Ruhiyah Ma’a al-Tabi’ah (spiritual harmony with nature) denoting the religious aspect, Istimrariyah Bayn al-Ajyal (intergenerational sustainability) emphasizing economic sustainability across generations, and Taqdir al-Iqtisad al-Mahalli (empowerment of local economies), which illustrates the amalgamation of cultural heritage and economic resilience in ecological management. This approach's primary strength is its amalgamation of Islamic ideals with pragmatic conservation measures, promoting a balance between environmental sustainability and community welfare. Nonetheless, the study's restricted geographic emphasis on Terengganu poses a hurdle for generalizing its application to broader contexts. Subsequent studies should extend this model to more regions characterized by varied ecological and cultural contexts, affirming its universal applicability. This study significantly contributes to Islamic environmental discourse by presenting a reproducible methodology for tackling global ecological concerns through a value-oriented approach.

Ethical Governance in Public Service

Rajab H — 2024-12-19

Corruption continues to undermine governance, economic growth, and public trust in Indonesia. This study compares the Islamic concept of Hadaya al-’Ummal which strictly prohibits public officials from accepting any gifts that might compromise their integrity with the Indonesian legal framework on gratification, which permits gift acceptance provided that such benefits are reported within a specified period. Employing a qualitative comparative analysis grounded in Principal-Agent theory, the research examines five dimensions: the definition of gift-giving, the scope of recipients, legal sanctions, reporting mechanisms, and the handling of gifts. Data were collected from classical Islamic texts, legislative documents, and recent empirical studies to offer a comprehensive perspective on how ethical principles and legal measures interact in the context of corruption control. The findings reveal that Hadaya al-’Ummal offers a clear ethical guideline rooted in Islamic teachings, yet its informal enforcement limits its practicality in modern public institutions. In contrast, while the Indonesian legal framework provides explicit sanctions and formal reporting channels, its broad definitions and cultural nuances result in ambiguities and inconsistent application. High-profile cases have highlighted these challenges and underscored the need for clearer definitions and more effective oversight. The study argues that an integrated approach that refines legal definitions improves reporting systems and promotes comprehensive bureaucratic reforms while maintaining ethical accountability is essential to reduce corruption. These insights have important implications for developing anti-corruption strategies that enhance transparency, accountability, and ultimately, public trust.