Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

Legal Issues of Digital Asset Inheritance from an Islamic Law Perspective

Akramov Akmaljon Anvarjon ugli — 2025-12-31

The rise of virtual assets has presented significant legal challenges for inheritance systems worldwide. This article examines the intricate relationship between traditional inheritance laws and the distinctive characteristics of digital assets, with a focus on the legal challenges associated with digital inheritance from an Islamic law perspective. By employing a comparative approach, the research examines how various legal systems address the succession of digital assets, highlighting the primary conflicts that arise when restrictive terms of service from platforms clash with established inheritance laws. Furthermore, it explores how privacy regulations, such as the General Data Protection Regulation (GDPR), create barriers to data access for rightful heirs. The findings reveal that existing laws are either lacking or inadequate in addressing digital assets, particularly cryptocurrencies held on exchanges and new platforms. The research proposes a normative framework that aims to strike a balance between legitimate inheritance rights and privacy concerns, considering relevant legislation and court rulings. Ultimately, the study concludes that advancements in technology, enhanced estate planning tools, and legislative reform are necessary to ensure a smooth transfer of digital assets to future generations.

The Failure of Indonesian E-commerce Law in Adapting to Digital Economy

Abdul Mujib — 2025-12-31

E-commerce and social media have become the main platforms for trade in Indonesia, but the legal framework governing digital transactions remains ambiguous and inadequate. Therefore, this research aimed to examine the causes of weak e-commerce regulation, the developing legal issues, and the implications for the sustainability of conventional trade. Behavioral data related to digital trading practices were analyzed across several e-commerce platforms using an empirical legal method. Muhammad al-Tahir Ibn Ashur’s theory of maqāsid al-sharia was applied, comprising al-maqāsid al-ʿammah (general objectives) and al-maqāsid al-khassah (specific objectives)to interpret the dynamics of e-commerce usage, the relationships among parties, and the legal challenges arising in online transactions. The results showed that the existing legal framework failed to keep pace with the complexity of e-commerce, leading to insufficient legal certainty, justice, and protection for all parties. Theoretically, this research extended Ibn Ashur’s maqāsid al-sharia from moral and social domains to digital legal sphere, offering a new paradigm for understanding legal behavior in cyberspace. A conceptual foundation was provided from a practical context for reforming e-commerce regulation, emphasizing the need for a maqāsid al-sharia-based legal design to uphold justice, public welfare, and the protection of consumer and business rights.

Agreement of Waqf in Indonesia and Malaysia: Harmonisation with Quranic Principles and Modern Legal Frameworks

Reni Anggriani — 2025-12-31

This research aims to find out the harmonisation of waqf agreements in Indonesia and Malaysia with Quranic principles and modern legal frameworks, with an emphasis on the role of agreements in waqf management. The agreement, in this context, refers to a legal action between the Waqif (waqf giver) and the Nadzir (waqf recipient/manager), who have rights and obligations regarding the provision of land as waqf, as recorded through the Waqf Pledge Law. This agreement provides legal certainty and guarantees the rights and obligations of the parties, as well as fulfilling the command of the Quran Surah Al Maidah verse 2 to ”help each other in kindness and piety“. The research applies normative and qualitative approaches. The primary legal source was obtained through interviews, and the secondary data included Indonesian Law No. 41 of 2004 concerning Waqf in Indonesia, and relevant state-level waqf laws in Malaysia. The study shows that a harmonisation of the rules governing waqf management agreements applies in both Indonesia and Malaysia, based on the Quran, Surah Al Maidah, verse 2. This article contributes to strengthening knowledge in the law of waqf agreements, especially the harmonisation of waqf management in Indonesia and Malaysia.

Revitalizing the Paoppangi Tanah Customary Sanction in Sulawesi, Indonesia: A Fiqh Jināyah Perspective

Abdul Syatar — 2025-12-31

This study examines the Paoppangi Tanah customary sanction as a punishment for zinā offenders from the perspective of fiqh jināyah in Gowa Regency, Sulawesi, Indonesia. The sanction consists of banishment without a defined time limit and is decided through deliberation (musyāwarah) among customary leaders, religious figures, and the offender’s family. Employing a juridical-sociological approach within Islamic criminal law, the study draws on interviews, observation, and documentation. Informants included customary leaders, religious leaders, and community members, purposively selected based on their involvement in and knowledge of Paoppangi Tanah. The findings indicate that the sanction correlates with taʿzīr in fiqh jināyah, a discretionary punishment for offenses not regulated by an explicit scriptural text (naṣ) in the Qur’an and Hadith, so that implementation is entrusted to authorized authorities, such as the government or recognized customary leaders. The sanction plays a significant social role in maintaining public order and communal morality, as well as in deterring norm violations. The novelty of this study lies in examining a local sanctioning mechanism that has received limited attention in fiqh jināyah scholarship, particularly within Makassar customary society. The findings also show that interaction between Islamic law and customary law is not only harmonious but can enable a more context-sensitive reconstruction of fiqh jināyah. Accordingly, this study offers a theoretical contribution to the development of Islamic criminal law as a framework that is not merely normative, but also contextual and grounded in local wisdom, thereby strengthening a maqāṣid al-sharīʿah paradigm in the application of law within society.

‘Urf, Gender, and Customary Law: Negotiating Women’s Participation in Boar Hunting in Minangkabau, Indonesia

Nofialdi — 2025-12-31

This research examines the involvement of Minangkabau women in wild boar hunting, a practice that challenges the philosophical foundation of Minangkabau society, “Adat Basandi Syarak, Syarak Basandi Kitabullah” (Custom is based on Islamic law, and Islamic law is based on the Qur’an). Using a qualitative ethnographic approach, data were collected through direct observation at hunting sites and in-depth interviews with female hunters, administrators of the Indonesian Boar Hunting Sports Association (Persatuan Olahraga Buru Babi Indonesia [PORBBI]) in Indonesia, traditional leaders, and members of Bundo Kanduang, who serve as guardians of customary values. The study reveals that women’s participation in hunting contradicts Minangkabau customary law and Islamic legal principles, as hunting is traditionally regarded as a male domain and its prohibition reflects the harmonisation between adat and Islamic law. This is illustrated by the application of ‘urf shahih (valid custom), which deems practices that deviate from established norms as inappropriate, and sadd al-dhara’i (blocking harmful means), which views women’s involvement as generating more harm than benefit. Despite these limitations, women negotiate their roles in activities previously exclusive to men, transforming hunting into a space where they challenge gender binaries, engage in socially meaningful actions, and construct more flexible identities. The study confirms that customary law and Islamic principles, while regulating norms, adapt to evolving social dynamics through women’s strategies to renegotiate. This research contributes to global discussions on legal pluralism, cultural change, and gendered agency in Muslim societies, providing insights into the shifting gender roles within a matrilineal system.

Beyond Religious Bureaucracy: Sapta Darma’s Marriage Registration Struggle in Post-Constitutional Reform Indonesia

Nunuk Hidayati — 2025-12-31

This study offers the first empirical analysis of how Indonesia’s landmark Constitutional Court Decision No. 97/PUU-XIV/2016 transforms marriage registration rights for indigenous belief communities, focusing on Sapta Darma adherents in Kediri. Through qualitative case study methods -including 12 in-depth interviews, participant observation, and policy document analysis- this study reveals the dual strategy shift among marginalised believers: from forced religious impersonation (pre-ruling) to constitutionally empowered legal agency (post-ruling) and uncovers local governance innovation where Kediri District transcended bureaucratic inertia by operationalising rights through technical guidelines (Perda No. 6/2017). The study shows that the ruling delivers transformative legal justice by enabling ID card recognition (aliran kepercayaan), marriage registration, and birth certificate access, effectively resolving decades of administrative erasure. The local government response exemplifies rights-based policy entrepreneurship, institutionalising non-discriminatory service delivery. This alignment receives dual validation: universal human rights principles (equality and non-discrimination) and Islamic legal theory (maslahah; Quranic human dignity). This research contributes to global scholarship by demonstrating how constitutional rulings can catalyse bureaucratic reform for marginalised communities. It offers a transferable framework that integrates human rights and Islamic legal reasoning to advance minority citizenship in plural legal systems around the world.

From Disrespect to Recognition: The State’s Legal-Ethical Transformation in Ensuring the Constitutional Rights of Lombok’s Ahmadiyah Refugees

Apipuddin Apipuddin — 2025-12-31

This study analyzes forms of discrimination and the transformation of state recognition toward Ahmadiyah refugees in Lombok across five basic service rights, namely population administration, education and health, marriage registration, psychosocial services, and adequate housing. It employs Axel Honneth’s recognition dimensions integrated with the dimensions of Jasser Auda’s maqāṣid system. This qualitative study employs in-depth interviews as its primary data source, complemented by national and international legal documents, books, and relevant articles as secondary data. The data were analyzed using reflective thematic analysis. The findings show two main points. First, prior to 2014, there was no form of state recognition of Ahmadiyah refugees in Lombok. They lived in displacement without population administration services, without marriage registration, experienced discrimination in education and health services, lacked psychosocial services, and lived in inadequate housing. This situation indicates the absence of recognition across three dimensions: love, right, and solidarity. Second, the transformation of recognition began in 2014 through population administration services, followed by marriage registration in 2015, psychosocial services in 2018, and limited relocation for Ahmadiyah refugees in East Lombok in 2021. This transformation marks a shift from Honneth’s linear assumption, as recognition began through structural state policies that restored self-respect, fostered self-esteem, and built self-confidence. This transformation also reflects an ethical shift toward public policy informed by maqāṣid al-sharīʿah, which this study conceptualizes as recognition of maqāṣid. While this study contributes to broadening the horizons of recognition theory and maqāṣid al-sharīʿah in the context of religious minorities, further research is needed because the study locus is limited to Lombok.