Global Journal of Islamic Jurisprudence

Global Journal of Islamic Jurisprudence https://pdpijournals.org/index.php/gjij Global Journal of Islamic Jurisprudence is an open-access, peer-reviewed journal that aims to advance scholarly research in the field of Islamic law (fiqh). This journal serves as a platform for researchers, academicians, and scholars and society in Muslim and non-Muslim countries from various perspectives, covering both theoretical and practical studies to explore and discuss contemporary and classical issues within the domain of Islamic legal studies. The journal focuses on a broad spectrum of topics related to Islamic jurisprudence, including but not limited to Islamic Legal Rulings (Fatwa), Shariah and Modern Law, Comparative Jurisprudence, Legal Maxims (Qawāʿid Fiqhiyyah), Fiqh and Society, Islamic legal schools (Madhāhib Studies), Law of Criminal and Privat, Law of Dispute, Contemporary Legal Issues, Fiqh Methodology including Approaches and methods in Islamic legal reasoning. Maqsha: Journal of Islamic Jurisprudence welcomes contributions that provide critical, interdisciplinary perspectives on Islamic legal tradition, fostering dialogue and enhancing the understanding of its role in addressing present-day legal, ethical, and societal challenges. en-US Thu, 28 Aug 2025 00:00:00 +0000 OJS 3.2.1.4 http://blogs.law.harvard.edu/tech/rss 60 Human Rights in the Perspective of Sharia and International Law https://pdpijournals.org/index.php/gjij/article/view/39 The relationship between Sharia and international human rights law has long been the subject of both scholarly debate and political controversy. While international law, particularly since the adoption of the Universal Declaration of Human Rights (1948), emphasizes universality and individual autonomy, Sharia derives its legitimacy from divine revelation and integrates duties with rights in a theocentric paradigm. These different foundations often generate tensions, especially in areas such as gender equality, freedom of religion, and freedom of expression, yet they also reveal considerable areas of convergence, including the protection of life, justice, family, and property. This study adopts a normative-juridical and comparative approach, examining primary sources of Sharia, international human rights treaties, and contemporary scholarly interpretations. It pays particular attention to the role of maqāṣid al-sharīʿah and contextual ijtihād as interpretive tools for bridging divergences. The findings suggest that Sharia should not be perceived as a static code but as a dynamic tradition with the capacity for renewal when interpreted through its higher objectives. Reformist methodologies demonstrate significant potential for harmonization, though institutional initiatives such as the Cairo Declaration on Human Rights in Islam (1990) illustrate both progress and limitations. Eni Satriana Copyright (c) 2025 Global Journal of Islamic Jurisprudence https://creativecommons.org/licenses/by-sa/4.0/ https://pdpijournals.org/index.php/gjij/article/view/39 Thu, 28 Aug 2025 00:00:00 +0000 Collective Ijtihad (Ijtihād Jamāʿī) as a Method of Contemporary Legal Reasoning in Indonesia https://pdpijournals.org/index.php/gjij/article/view/38 <div>The increasing complexity of modern socio-legal issues such as financial technology, bioethics, environmental crises, and public health has challenged the adequacy of classical individual ijtihad in providing comprehensive legal responses. In this context, Ijtihad Jama'i, or collective reasoning, has emerged as a methodological alternative that combines scriptural fidelity with institutional legitimacy. This study examines how Ijtihad Jama'i has been institutionalized and practiced in Indonesia, the world’s largest Muslim-majority country. Employing a qualitative methodology that integrates normative legal analysis, socio-legal inquiry, and content analysis, the research draws on fatwas and institutional rulings from the Indonesian Council of Ulama (MUI), Nahdlatul Ulama’s Bahtsul Masail, and Muhammadiyah’s Majelis Tarjih, alongside interviews with scholars and a review of secondary literature. The findings show that Indonesian collective reasoning functions as a negotiation between textual sources and contextual realities. Fatwas on Covid-19 vaccination, environmental protection, and Islamic finance illustrate how institutions integrate classical juristic methods with scientific knowledge, public welfare considerations, and policy frameworks. This process has given rise to what can be termed collective epistemic authority, in which legitimacy is constructed through inclusivity, deliberation, and representativeness rather than individual scholarship alone. Despite tensions such as internal power hierarchies and institutional politics, the trajectory of Ijtihad Jama'i reflects a maturing legal culture capable of balancing tradition with modern demands</div> Yusrijal Copyright (c) 2025 Global Journal of Islamic Jurisprudence https://creativecommons.org/licenses/by-sa/4.0/ https://pdpijournals.org/index.php/gjij/article/view/38 Thu, 28 Aug 2025 00:00:00 +0000 The Practice of Islamic Law in Nusantara Traditional Customs https://pdpijournals.org/index.php/gjij/article/view/41 This study explores the practice of Islamic law within Nusantara traditional customs, highlighting the dynamic interplay between religious norms and local cultural practices. Using a qualitative approach, the research investigates how Islamic principles are integrated into adat, focusing on domains such as marriage, inheritance, dispute resolution, and ritual ceremonies. The findings reveal that Islamic law is not applied rigidly; instead, it is interpreted, adapted, and harmonized with local customs to ensure social cohesion, maintain communal identity, and uphold both moral and legal legitimacy. Marriage practices demonstrate the blending of nikah requirements with traditional ceremonies, while inheritance and dispute resolution processes reflect a negotiation between Quranic prescriptions and communal values. Rituals further illustrate how Islamic and customary elements coexist to reinforce cultural meaning and ethical conduct. The study emphasizes the role of religious and adat leaders as mediators who facilitate the integration of normative systems, ensuring that law is culturally resonant and socially accepted. By examining this hybrid legal culture, the research contributes to broader discussions on legal pluralism, demonstrating that Islamic law in Indonesia is both flexible and contextually relevant. The Nusantara experience offers insights for other pluralistic societies, showing that religious norms can coexist with indigenous traditions without compromising ethical or social legitimacy. Ayu Rahayu Copyright (c) 2025 Global Journal of Islamic Jurisprudence https://creativecommons.org/licenses/by-sa/4.0/ https://pdpijournals.org/index.php/gjij/article/view/41 Thu, 28 Aug 2025 00:00:00 +0000 Islamic Law in Responding to the Phenomenon of Artificial Intelligence https://pdpijournals.org/index.php/gjij/article/view/40 The rapid advancement of Artificial Intelligence (AI) has raised profound ethical and legal concerns across global societies, including within the framework of Islamic law. This study examines how Islamic jurisprudence responds to the phenomenon of AI, highlighting the adaptability of Islamic legal principles in addressing emerging technological challenges. Using a qualitative normative legal approach, the research draws upon primary sources such as the Qur’an, Hadith, classical fiqh texts, and contemporary fatwas, complemented by secondary sources from modern scholarship on AI and ethics. The findings reveal that while AI introduces complex issues related to privacy, accountability, justice, and human dignity, Islamic law provides clear normative guidance grounded in the objectives of maqāṣid al-sharī‘ah . These objectives protection of religion, life, intellect, progeny, and wealth serve as a comprehensive ethical framework to evaluate and regulate the development and use of AI. The study further demonstrates that moral and legal responsibility in the context of AI rests with its human creators, developers, and users, aligning with Islamic thought that prioritizes human agency over autonomous systems. Additionally, contemporary Islamic scholars and institutions have begun to offer nuanced interpretations and legal opinions, underscoring the dynamic nature of Islamic jurisprudence in responding to modern issues. Irma Rahman Copyright (c) 2025 Global Journal of Islamic Jurisprudence https://creativecommons.org/licenses/by-sa/4.0/ https://pdpijournals.org/index.php/gjij/article/view/40 Thu, 28 Aug 2025 00:00:00 +0000 Inheritance Dispute Resolution in the Perspective of Islamic Law and National Law https://pdpijournals.org/index.php/gjij/article/view/42 Inheritance disputes in Indonesia often involve complex interactions between Islamic law and national law, creating challenges for families, legal practitioners, and courts. This study examines inheritance dispute resolution from both legal perspectives, aiming to identify common patterns, causes, approaches, and challenges in practice. Using a qualitative approach, data were collected through semi-structured interviews with legal experts, judges, religious scholars, and individuals involved in inheritance conflicts, complemented by document analysis of court rulings and legal texts. The findings reveal that disputes frequently arise from misunderstandings of legal entitlements, conflicts between Sharia principles and statutory requirements, complex family structures, and limited awareness of inheritance rights. Islamic courts prioritize fairness, equitable distribution, and reconciliation, while national courts emphasize procedural compliance, evidence, and formal enforcement, sometimes resulting in conflicting outcomes. Effective dispute resolution is achieved when both legal systems are integrated, particularly through mediation that respects Islamic principles while ensuring legal validity under national law. The study highlights the importance of culturally and religiously sensitive mechanisms, enhanced coordination between courts, and public education to prevent and resolve disputes efficiently. Adnan Ahmad Copyright (c) 2025 Global Journal of Islamic Jurisprudence https://creativecommons.org/licenses/by-sa/4.0/ https://pdpijournals.org/index.php/gjij/article/view/42 Thu, 28 Aug 2025 00:00:00 +0000