Parewa Saraq: Journal of Islamic Law and Fatwa Review

The Maqāṣid al-Sharī'ah Approach in Contemporary Islamic Fatwas

Ahmad, Akbar, Andi Abdul Kadir Andi Kitta — Fri, 31 Jul 2026 00:00:00 +0700

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

Fri, 31 Jul 2026 00:00:00 +0700

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

Jumarni Dalle, Nusaibah Ummu Imarah, Indasari Palinrungi, Arif Rahman Ramli — Fri, 31 Jul 2026 00:00:00 +0700

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

Rukman Abdul Rahman Said, Alamsyah Halim, Ahmad Gibriel RM Saeed, Muh. Darwis — Wed, 12 Aug 2026 00:00:00 +0700

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.