Parewa Saraq: Journal of Islamic Law and Fatwa Review

The Maqāṣid al-Sharī'ah Approach in Contemporary Islamic Fatwas: A Systematic Review of Methodological Integration and Jurisprudential Coherence

2026-07-29T23:19:29+07:00

The application of maqāṣid al-sharīʿah in contemporary fatwa issuance has become an important methodological development in Islamic jurisprudence, particularly in addressing emerging issues in family law, finance, healthcare, technology, and environmental governance. This systematic review evaluates how maqāṣid-based reasoning is applied, justified, and methodologically integrated in contemporary fatwa discourse. A comprehensive search of Semantic Scholar using five search strategies identified studies on maqāṣid al-sharīʿah, fatwa formulation, and contemporary Islamic law. After screening 138 deduplicated records, 90 studies met the inclusion criteria. Two reviewers independently conducted study selection and data extraction, while risk of bias and certainty of evidence were assessed using domain-specific criteria and the GRADE framework. The included studies primarily addressed family law (32%), finance (24%), healthcare (10%), technology (8%), food and ḥalāl (6%), environmental governance (4%), and other issues. Findings indicate that the classical five objectives of maqāṣid—ḥifẓ al-dīn, ḥifẓ al-nafs, ḥifẓ al-ʿaql, ḥifẓ al-nasl, and ḥifẓ al-māl—remain the dominant analytical framework, although recent scholarship increasingly recognises ḥifẓ al-bīʾah (environmental preservation) as an emerging objective. Across jurisdictions, including Indonesia, Malaysia, Egypt, and Iran, significant tensions persist between formal legal compliance and substantive ethical objectives, while institutional procedures for implementing maqāṣid-based fatwas remain inconsistent. Although maqāṣid al-sharīʿah demonstrates substantial adaptability to contemporary legal challenges, methodological standardisation across fatwa institutions is still limited (very low certainty of evidence). The review recommends developing harmonised methodological guidelines and strengthening institutional coordination to improve the consistency, transparency, and effectiveness of future fatwa formulation.

Halal and Ṭayyib Governance in Indonesia's Free Nutritious Meal Programme: A Halal Supply Chain Perspective from South Sulawesi

2026-05-24T12:38:32+07:00

The Free Nutritious Meal Programme (MBG), as a national public food policy, has been examined predominantly from nutritional, public health, and socio-economic perspectives, while the dimension of ḥalāl–ṭayyib governance across the entire supply chain remains largely underexplored. This gap is significant because ḥalāl–ṭayyib assurance constitutes an essential component of Muslim consumer protection and public welfare within the framework of Maqāṣid al-Sharīʿah. This study aims to analyse the implementation of ḥalāl–ṭayyib governance in the MBG supply chain in South Sulawesi, identify critical ḥalāl control points throughout the upstream and downstream supply chain, and develop an integrated ḥalāl governance model for public food programmes. Employing a multi-site qualitative case study with a socio-legal approach, the research draws upon in-depth interviews, non-participant observations, and document analysis conducted in Makassar, Gowa, Maros, and Bone Regencies. The data were analysed using the interactive model of Miles, Huberman, and Saldaña through systematic coding and thematic analysis. The study adopts the ḥalāl supply chain, the ḥalāl assurance system, and Maqāṣid al-Sharīʿah as integrated analytical frameworks. The findings reveal substantial governance deficiencies, reflected in inadequate supplier ḥalāl certification, limited ḥalāl traceability, insufficient ḥalāl audit mechanisms, risks of cross-contamination in Satuan Pelayanan Pemenuhan Gizi (SPPG) kitchens, and the absence of integrated ḥalāl logistics and digital monitoring systems. Furthermore, the programme has significantly contributed to ḥifẓ al-nafs, ḥifẓ al-ʿaql, and ḥifẓ al-nasl through improved nutritional fulfilment and human development. However, ḥifẓ al-dīn remains inadequately safeguarded due to the absence of a comprehensive and systematic ḥalāl assurance framework. The principal contribution of this study is the development of an Integrated Ḥalāl–Ṭayyib Governance Model for Public Food Programmes, which integrates the ḥalāl supply chain, the ḥalāl assurance system, and Maqāṣid al-Sharīʿah within a comprehensive public food governance framework. The study advances the literature by extending ḥalāl governance beyond the commercial food industry into the domain of Islamic public food governance. It also offers practical policy recommendations by emphasising the importance of digital ḥalāl traceability, risk-based ḥalāl governance, and institutional coordination among the National Nutrition Agency (BGN), the Badan Penyelenggara Jaminan Produk Halal (BPJPH), the Majelis Ulama Indonesia (MUI), local governments, and supply chain stakeholders to strengthen sustainable ḥalāl public food governance.

Gratification and Conflicts of Interest in Islamic Criminal Law

2026-01-14T08:13:45+07:00

Although gratification has been extensively examined within anti-corruption and administrative law scholarship, limited attention has been given to its conceptualization as a conflict-of-interest offence within the framework of Islamic criminal law. This study addresses this gap by examining how gratification received by public officials can be reinterpreted through the doctrines of risywah, ghulūl, and khiyānah, while assessing its implications for ethical governance and public accountability. Employing normative legal research with conceptual and doctrinal approaches, the study analyses classical Islamic legal sources, contemporary legislation, fatwas, and relevant scholarly literature using qualitative content analysis. The findings demonstrate that gratification connected to public office constitutes an illicit benefit that transcends cultural expressions of courtesy because it creates institutional conflicts of interest and compromises impartial decision-making. From the perspective of Islamic criminal law, such practices fulfil the substantive characteristics of risywah and represent a breach of public trust (amānah), thereby violating the objectives of maqāṣid al-sharīʿah, particularly the protection of wealth, justice, and public welfare. The study proposes an integrated Islamic governance framework that combines criminal law principles, ethical accountability, and institutional oversight to strengthen anti-corruption strategies. This framework extends existing scholarship by positioning conflict of interest as a central normative category in contemporary Islamic criminal law discourse on public integrity.

The Reframing MUI’s Hoax Fatwa: Qur’anic Foundations of Tabayyun in Contemporary Islamic Law

2026-08-01T14:05:41+07:00

The circulation of hoaxes on social media demonstrates that digital information problems concern not only factual accuracy but also moral responsibility, public benefit, communicative propriety, and the prevention of social harm. This article examines how Q. al-Hujurat [49]: 6 is interpreted and transformed into operational norms in the Majelis Ulama Indonesia (MUI) Fatwa No. 24 of 2017 on Law and Guidelines for Social Interaction through Social Media. The study employs library research, thematic exegesis, and qualitative content analysis. Its primary sources comprise Q. al-Hujurat [49]: 6, the commentaries of al-Tabari, Ibn Kaṡir, al-Qurtubi, Tafsir Al-Misbah, and the text of MUI Fatwa No. 24 of 2017. The data were examined by identifying units of meaning, coding epistemic, ethical, procedural, and social categories, comparing exegetical positions, and mapping the transformation of the verse into fatwa provisions. The findings reveal three interpretive movements. First, tabayyun is expanded from examining a report conveyed by a problematic source into a general obligation of caution toward digital content. Second, the verse's structure – linking source, report, action, impact, and regret – Is contextualized through the examination of sanad, matn, time, place, background, and the competence of clarifying authorities. Third, factual verification is integrated with tests of benefit and public appropriateness. The study's novelty lies in formulating digital tabayyun as a layered framework encompassing source validity, content accuracy, contextual precision, public benefit, and publication worthiness. The fatwa therefore does not merely restate the verse's moral message; it operationalizes it as an ethics of producing, consuming, and distributing information in digital spaces.

Reconstructing Fiqh al-Aqalliyyāt for Muslim Minorities in Europe: Islamic Legal Responses to Islamophobia and Religious Freedom Challenges

2026-07-11T22:23:26+07:00

Muslim communities in Europe increasingly face complex tensions between religious identity, citizenship, social integration, and the protection of religious freedom. Islamophobia, discrimination, contestation over religious symbols, and debates concerning Muslim integration have exposed limitations in approaches that frame minority Muslim life solely through the binary of assimilation and religious preservation. This study examines how fiqh al-tasāmuḥ (jurisprudence of tolerance) and fiqh al-aqalliyyāt (minority jurisprudence) can be reconstructed to address these challenges while maintaining Islamic normative commitments. Employing qualitative library research, the study analyses classical and contemporary Islamic legal literature alongside scholarly studies on Muslim minorities, religious pluralism, Islamophobia, and citizenship in Europe. A normative-sociological approach is combined with Maqāṣid al-Sharīʿah to assess the compatibility of minority jurisprudence with the objectives of justice, human dignity, religious freedom, social coexistence, and communal welfare. The findings demonstrate that fiqh al-tasāmuḥ provides an ethical-legal framework for managing religious and social diversity, whereas fiqh al-aqalliyyāt offers contextual legal mechanisms for Muslims living under non-Muslim majority jurisdictions. Their integration enables a shift from defensive minority adaptation toward an active jurisprudence of coexistence, citizenship, and mutual recognition. The study argues that a maqāṣid-oriented reconstruction of these two fiqh paradigms can strengthen Muslim religious identity while simultaneously supporting social integration and equal citizenship in contemporary Europe.

Ḥifẓ al-Nafs (Protection of Human Life) as a Principle of Fatwa Reasoning: Reconstructing the Hierarchy of Maslahah in Contemporary Islamic Law

2026-09-09T07:36:04+07:00

The protection of human life (ḥifẓ al-nafs) occupies a central position within Maqāṣid al-Sharīʿah, yet its methodological status in contemporary Islamic legal reasoning remains insufficiently theorised. Existing maqāṣid scholarship generally presents the five essential protections as a relatively parallel framework, leaving unresolved how priorities should be determined when competing interests arise in concrete legal and ethical contexts. This article examines whether ḥifẓ al-nafs can function as a foundational principle of fatwa reasoning while preserving the normative significance of other maqāṣid. Employing a qualitative doctrinal and conceptual approach, the study critically analyses formative maqāṣid literature, contemporary reformulations, and recent scholarship on human dignity, rights, welfare, and bioethical reasoning. The analysis develops a reconstructed hierarchy in which ḥifẓ al-nafs constitutes the foundational layer, encompassing the protection of human existence, bodily integrity, dignity, and basic agency. Ḥifẓ al-dīn, ḥifẓ al-ʿaql, ḥifẓ al-nasl, and ḥifẓ al-māl are positioned as mutually reinforcing protections that sustain the conditions necessary for meaningful and socially viable human life. The categories of ḥājiyyāt and taḥsīniyyāt are subsequently reconceptualised as degrees of necessity and refinement rather than merely parallel lists of objectives. The study contributes a normative framework for resolving maqāṣid conflicts by establishing a presumptive priority for protecting human life and fundamental integrity when grave and demonstrable threats occur, while requiring proportionality, contextual assessment, and evidentiary justification in conflicts involving other interests. The proposed hierarchy is interpretive rather than a claim of classical consensus and is intended to strengthen the methodological foundations of contemporary fatwa reasoning.

Muslim Community Practice of Ṣalāt al-Janāzah (Funeral Prayer) in the Southern Philippines: A Socio-Legal Study

2026-09-19T17:59:41+07:00

Ṣalāt al-Janāzah (Funeral Prayer) is a communal Islamic obligation governed by Islamic legal principles concerning the treatment and burial of deceased Muslims and carried out through community participation and religious authority. This study examined the Muslim community practice of Ṣalāt al-Janāzah in Pageda, Talitay, Maguindanao del Norte, Philippines, focusing on perceptions regarding entitlement to lead the funeral prayer, awareness of its performance, challenges encountered, and interventions perceived to address these challenges. Using a quantitative descriptive research design, the study surveyed 50 selected community respondents, including religious leaders, community members, women, youth, a family member of a deceased person, and a barangay official. Data were collected through a face-to-face questionnaire and analyzed using weighted mean based on five-point response scales. Findings showed that respondents often regarded religious knowledge and recognized religious authority as considerations in determining who should lead Ṣalāt al-Janāzah (M = 3.75). Respondents were fully aware of the performance of the funeral prayer (M = 4.47), while they agreed that religious, cultural, social, and organizational factors present challenges to its implementation (M = 3.94). They also strongly agreed with the proposed interventions (M = 4.84), particularly those involving religious education, qualified guidance, community training, communication, and organized participation. The findings indicate that the practice of Ṣalāt al-Janāzah in Pageda involves the application of Islamic legal and religious principles within a local social context, where religious authority, community roles, cultural practices, and practical circumstances interact. The study contributes to the socio-legal understanding of Muslim funeral practices by demonstrating how Islamic norms are understood and applied within community-based religious practice.

Silent Treatment in Millennial Families: A Socio-Legal Analysis of Islamic Family Law and Symbolic Interactionism in Medan, Indonesia

2026-09-18T14:45:33+07:00

Silent treatment has become a significant communication problem in millennial families because it can create emotional distance, misunderstanding, and unresolved marital conflict. Previous studies have generally examined silent treatment separately from psychological, communication, or legal perspectives. However, research integrating Islamic family law and symbolic interactionism, particularly among millennial families in Medan, remains limited. This study aims to examine the forms and meanings of silent treatment, its implications under Islamic family law, and its interpretation through symbolic interactionism. This study employed empirical legal research using a socio-legal approach. Primary data were collected from 11 millennial married participants in Medan through in-depth interviews and an online questionnaire. Secondary data were obtained from the Qur’an, hadith, the Compilation of Islamic Law, legislation, and relevant academic literature. The findings reveal two main patterns of silence. First, temporary silence is used to regulate emotions, prevent harmful speech, and prepare for constructive dialogue. Second, prolonged silence is used as punishment, pressure, or emotional withdrawal and can lead to dysfunctional communication. Temporary silence may be acceptable when its purpose and duration are clearly communicated and dialogue is subsequently reopened. Conversely, prolonged punitive silence is inconsistent with mu‘āsyarah bil-ma‘rūf and the Islamic ideals of sakinah, mawaddah, and rahmah. Symbolic interactionism demonstrates that differences between the intended and received meanings of silence can generate negative assumptions and emotional distance. This study contributes an integrated socio-legal framework for distinguishing constructive emotional pauses from harmful silent treatment based on their purpose, duration, effects, and the reopening of communication.

Fatwa and Maisir (Gambling): The Construction of Masculinity in Cockfighting Practices in Bulukumba Regency

2026-09-13T19:33:06+07:00

Fatwa institutions in Muslim countries have long prohibited maisir (gambling), yet resistance to these fatwas persists, particularly when the practice is deeply embedded in local culture. This article examines the fatwa on maisir issued by the Indonesian Council of Ulama (MUI) and its reception in cockfighting practices in Kindang Village, Bulukumba Regency. It analyzes how the fatwa is produced, understood, negotiated, and applied within the Bugis-Makassar community, and why its influence on local practice remains limited, particularly as social norms such as siri’ na pacce, masculinity, and ‘urf shape acceptance of and resistance to fatwa authority. The study employs a qualitative case study design, drawing on in-depth interviews with local ulama and MUI members, participatory observation, and analysis of fatwa documents. Data were analyzed using Miles and Huberman's interactive model with source and method triangulation. The analysis is grounded in uṣūl al-fiqh, maqāṣid al-sharī‘ah, and the concept of fatwa authority, supported by sociological perspectives on social practice and masculinity. The findings reveal four points. First, cockfighting contains elements of maisir and is therefore ḥarām according to QS. Al-Mā'idah: 90, ḥadīth, and the MUI fatwa. Second, masculinity in cockfighting is constructed through kewasaktian, controlled bravery, and communal honor (siri’ na pacce), which shape how the fatwa is received and contested. Third, the limited influence of the fatwa stems from inadequate socialization, its predominantly normative character, and the absence of enforcement mechanisms. Fourth, cockfighting constitutes ‘urf fāsid and undermines ḥifẓ al-dīn, ḥifẓ al-nafs, ḥifẓ al-‘aql, and ḥifẓ al-māl. This study contributes a socio-legal framework for understanding resistance to fatwa by integrating maqāṣid al-sharī‘ah with masculinity theory. It offers implications for strengthening fatwa authority and socialization, and recommends contextual and participatory da‘wah approaches.

Parental Responsibility for Children's Educational Rights: An Islamic Family Law Perspective among Trading Families in Sei Mencirim

2026-09-30T06:42:13+07:00

Children’s continued schooling does not necessarily indicate that parental educational responsibilities are fully fulfilled when participation in family businesses constrains learning and rest. This study examines parental responsibility for children’s educational rights among trading families in Sei Mencirim Village from an Islamic family law perspective. It employs empirical legal research with a sociolegal approach, using interviews with trading parents, children, and village officials, observations, and documentary research. Qualitative analysis connects field findings with Article 77(3) of the Compilation of Islamic Law and Articles 9(1) and 26(1) of the Child Protection Law, as amended by Law Number 35 of 2014. The findings indicate that parents maintained children’s schooling, but assistance with trading after school, sometimes until nighttime, was associated with reported fatigue, delayed homework, and limited learning support. These conditions reveal shortcomings in everyday educational care relevant to the shared parental responsibility for children’s physical and intellectual development under Article 77(3). The child protection provisions reinforce this assessment through their recognition of educational rights and parental duties of education and care. Economic constraints help explain these arrangements but do not establish that educational responsibilities have been fully fulfilled. The study contributes to contemporary Islamic family law by distinguishing continued educational access from substantive educational care within family businesses. It emphasizes parental arrangements that safeguard learning and rest while recognizing household constraints. The conclusions are limited to the families studied and do not establish economic exploitation.

Protecting Children’s and Women’s Rights: An Analysis of Islamic Family Law on Child Marriage in Indonesia

2026-10-17T15:23:49+07:00

Child marriage in Indonesia persists despite the enactment of Law No. 16 of 2019, which raised the minimum marriage age to 19, partly because the dispensation mechanism allows exceptions to the statutory minimum. This study examines the protection of children’s and women’s rights in the context of child marriage through the lens of Islamic family law. It analyzes the relationship between legal norms and judicial practice, evaluates the consequences of child marriage through the framework of Maqasid al-Shari‘ah, and identifies measures to strengthen legal protection. The study employs normative legal research using descriptive-analytical methods, based on library research and statutory, conceptual, comparative, and case approaches. Legal materials are analyzed qualitatively through systematic classification, interpretation, and deductive reasoning. The findings indicate that declining child marriage rates do not necessarily translate into substantive rights protection. Inconsistencies between the Compilation of Islamic Law and child protection legislation, together with the insufficiently precise definition of compelling reasons for granting marriage dispensations, create regulatory gaps that may undermine children’s rights. Socio-cultural expectations, economic hardship, limited educational opportunities, and family pressures further reinforce vulnerability, threatening the protection of life, intellect, and lineage under Maqasid al-Shari‘ah. This study argues that effective protection requires harmonized legislation, stricter and child-centered judicial scrutiny of dispensation requests, enhanced public education, and sustained support for children already in marriage. It contributes to Islamic family law scholarship by connecting regulatory inconsistencies and dispensation practices with the substantive realization of children’s and women’s rights.