MLIJo: Journal of Law and Islamic Thought

Tahliil al'Ahaadiith al-Zaaifah fi Khitaab al-Wataniyyah wa' Akhlaaqiyyaat al-'Amal bi al-Fadha' al-Raqamy

Abdullah Ubaid — 2026-06-26

This study examines the role of Arabic as a form of symbolic authority in the construction of pseudo-religious authority through the dissemination of pseudo-hadith within narratives of nationalism and work ethics in digital spaces. The study employed a qualitative approach using Critical Discourse Analysis (CDA) combined with takhrij al-hadith methods. The data consisted of digital religious content containing Arabic quotations collected from Instagram, Facebook, TikTok, and YouTube. Data were analyzed through text identification, hadith verification, and discourse interpretation. The findings reveal that Arabic possesses strong symbolic capital due to its association with the Qur’an, hadith, and the Islamic scholarly tradition, enabling it to generate religious legitimacy for messages circulated in digital media. Pseudo-hadith are utilized as instruments of symbolic legitimation to reinforce narratives of religious nationalism and Islamic work ethics, despite lacking authentic hadith status. Furthermore, social media contributes to the reproduction of religious authority through digital popularity, algorithmic visibility, and symbolic representation. This study concludes that the acceptance of pseudo-hadith in digital spaces is shaped not only by textual validity but also by the symbolic power of Arabic and the logic of digital information distribution that constructs contemporary religious legitimacy.

Model Perjanjian Perkawinan Pasca Putusan MK No. 69/PUU-XII/2015 Perspektif Maqaṣhid al-Shari’ah Imam al-Shatibi

Muhamad Sifak — 2026-06-29

This study examines the validity of the expansion of marital agreements following Constitutional Court Decision No. 69/PUU-XIII/2015, which allows such agreements to be made during the course of a marriage, unlike the previous provision under Article 29 of Law No. 1 of 1974 on marriage, which only permitted them to be made before or at the time of marriage. This type research used a normative legal method with a conceptual approach, utilizing secondary data consisting of primary legal materials, secondary, and tertiary legal materials obtained through library research and analyzed using a prescriptive approach and interpretative method. The result indicate that the expansion is legally valid as long as it fulfills the requirements of a valid agreement and does not conflict with applicable laws. From the perspective of Imam Al-Shatibi’s Maqaṣid Al-Shari’ah, this policy is consistent with the objectives of protecting property (hifz al-mal) and preservation of progeny (hifz al-nasl). Regarding the object of the agreement, its permissibility falls into the hajiyat (complementary) category, moving towards the dharuriyat (essential) in preserving those two objectives. Therefore, marital agreements can serve as a legal instrument for promoting justice, welfare, and harmony within the family.

Disharmoni Kebijakan Prioritas BUMN dalam UU Persaingan Usaha terhadap Prinsip Level Playing Field di Indonesia

Muhammad Baihaqy Ash Shiddiqi — 2026-06-30

The existence of Badan Usaha Milik Negara (BUMN) in the Indonesian economic system bears a constitutional mandate under Pasal 33 Undang-Undang Dasar 1945 to control production sectors vital to the state and crucial for the public livelihood. However, following the enforcement of Peraturan Menteri BUMN Nomor PER-2/MBU/3/2023 tentang Pedoman Tata Kelola dan Kegiatan Terpadu BUMN which intensifies the "Sinergi BUMN" policy a severe normative tension has emerged against Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat. Priority policies and direct appointments inter-BUMN trigger a regulatory asymmetry that damages the level playing field principle and violates the global doctrine of competitive neutrality. Utilizing a normative legal research method with statutory, conceptual, and comparative approaches, this article dissects the constitutional boundaries of BUMN immunity, analyzes contemporary regulatory conflicts, and offers a concrete solution through the institutionalization of an Ex-Ante Competition Assessment (comprising Regulatory Impact Assessment and a Competition Checklist), drawing insights from the legal frameworks of Australia, Singapore, and China.

Kesetaraan Bukan Keadilan, Kritik Maqashid Syariah terhadap Tafsir Feminis atas Pembagian Waris 2:1

Ahmad Eko — 2026-06-30

Discussions regarding the 2:1 inheritance ratio remain prominent in Islamic Legal Studies. This ratio, as given in the Qur’an (4:11), is also the central focus of many Muslim feminists concerned with its relevance to inheritance claims. They argue that the ratio no longer reflects social justice since modern social arrangements advocate more egalitarian norms. These feminists rely on interpretive approaches that frame the ratio as a product of historical/legal patriarchy, emphasizing the need to reformulate legal texts and viewing the ratio as an example of archaic patriarchy in contemporary legal feminism. However, they fail to explain that historical legal patriarchy, as a textual artifact, possesses its own ontology and that revealed texts hold authoritative status in constructing Islamic legal theory.In contrast, the justice of maqasid syariah holds that justice must be understood in relation to, not separate from, the dimensions of law, obligation, economic structure, society, and the values the law seeks to uphold. Critiquing the 2:1 ratio cannot be done apart from these economic, social, and protective dimensions of the legal tradition. This article aims to systematically engage these debates, assessing how far feminist critiques can be accommodated and identifying possible reforms that do not contradict foundational legal principles.

Analisis Studi Kasus: Peran Mahkamah Syariah Aceh Sebagai Wujud Otonomi Khusus di Tengah Sistem Hukum Nasional Indonesia

Nurul Raudah Afifah — 2026-06-30

This study examines the position, authority, and historical background of the Sharia Court (Mahkamah Syar’iyah) in Aceh as a manifestation of special autonomy within Indonesia’s national legal system. This phenomenon is significant as it reflects the integration of national law with local Islamic values. The objective of this research is to provide a comprehensive understanding of how the Sharia Court operates as an autonomous judicial institution while remaining integrated within the national system. This study employs a qualitative approach with a descriptive-analytical design using observation, interviews, and document analysis. The findings indicate that the Sharia Court holds a strong legal position, possesses broader authority compared to other religious courts, and enjoys high historical and social legitimacy within Acehnese society. Furthermore, the implementation of its authority is evident in practice, although challenges remain in regulatory synchronization and technical execution. Therefore, the Mahkamah Syar’iyah Aceh represents a harmonious balance between state policy and local needs. This study highlights the importance of an adaptive and contextual legal approach in maintaining the balance between national unity and regional diversity.

Studi Kasus: Peran Tahkim, Ijtihad, dan Fatwa dalam Reformasi Sistem Peradilan Islam di Pengadilan Agama Indonesia

Nabila Azizah — 2026-07-01

This study aims to analyze judicial ijtihad, the role of fatwas as a basis for legal reasoning, and the application of tahkim and mediation in the Religious Courts of Indonesia. The background of this research lies in the increasing complexity of cases that cannot be fully addressed by positive law, thus requiring a more adaptive and integrative approach. This study employs a qualitative method with a case study approach, utilizing court decisions, interviews with judges and mediators, and analysis of fatwas and Islamic legal literature. The findings reveal that judges do not solely rely on statutory regulations but also exercise ijtihad by integrating fiqh principles and fatwas as normative justification. Furthermore, tahkim and mediation play a significant role in resolving disputes in a peaceful and efficient manner. These findings indicate an integrative pattern in the practice of Religious Courts, combining normative, substantive, and solution-oriented approaches. Therefore, this study concludes that Religious Courts in Indonesia are evolving adaptively to meet societal needs.

A Conceptual Study of Maqasid al-Sharia in Usul al-Fiqh and Its Implementation in Contemporary Islamic Law

Hera Madhani Priyasdanto — 2026-07-01

This paper discusses the concept of Maqasid Syariah, its classification, and its relevance in contemporary Islamic law. The aim of this study is to explain the theoretical foundations of Maqasid Syariah, its evolution from classical to modern times, and the importance of Maqasid in developing Islamic law that is responsive to the challenges of contemporary issues. By focusing on the five key goals of Islamic law protecting religion, life, intellect, lineage, and property this paper explores how Maqasid Syariah serves as a philosophical foundation for dynamic and contextual applications of Islamic law, and its implementation in various fields such as economics, healthcare, education, and environmental protection. The paper also discusses the challenges faced in the implementation of Maqasid Syariah in pluralistic social and political contexts, as well as the need for strengthening ijtihad institutions in applying Maqasid Syariah principles in the modern era.