This study examines the practice of female circumcision (basunat) among Banjar communities in South Kalimantan-Indonesia, where customary law and Islamic belief intersect with global human rights discourse. The research addresses the legal tension between the international prohibition of Female Genital Mutilation (FGM) and local acceptance grounded in 'urf and maqāṣid al-sharī‘a. Using a normative legal approach supported by qualitative field data—interviews, local regulations, and fiqh analysis—the study reveals that basunat is a purely symbolic, non-cutting, and non-invasive ritual performed hygienically by trained midwives. Distinct from FGM, it functions as a rite of purification and moral responsibility, strengthening social cohesion and spiritual identity. The findings demonstrate a form of localized legal consciousness that reconciles cultural practice with Islamic legal reasoning. The study contributes to scholarship on legal pluralism, urging context-sensitive legal frameworks that differentiate symbolic basunat from FGM while safeguarding both human rights and cultural heritage in pluralistic societies.

Underage ithbāt nikāḥ creates a legal loophole in Indonesia's Islamic marriage system. Child marriages that should require a dispensation are often legalized through ithbāt nikāḥ without such approval. This practice is prevalent in the Religious Courts of Madura, where most judges tend to grant petitions despite recognizing its contradiction with efforts to prevent child marriage. This study adopts a juridical-sociological approach through case analysis and in-depth interviews with judges. The findings show that rejection of underage ithbāt nikāḥ is rare, as judges prioritize protecting children's civil rights, such as birth certificates and legal family status. However, this generates a dilemma: granting applications risks legitimizing child marriage, while rejecting them may be seen as denying legal certainty for the community. As a middle path, some judges suggest alternatives, including recognition of children born out of wedlock, determination of child origin, and civil registration without marriage certificates. The study highlights the urgent need for clear legal guidelines to prevent misuse of ithbāt nikāḥ while ensuring child protection.

This study aims to analyze the influence of government regulation on the implementation of Islamic Social Reporting (ISR) in Islamic banking across five countries: Indonesia, Malaysia, Kuwait, the United Arab Emirates, and Bahrain. ISR is a form of sustainability reporting based on Sharia principles, covering six main dimensions: responsibility to fund providers, employees, society, the environment, products, and compliance with regulations. This study employs a qualitative approach using content analysis of annual and sustainability reports of Islamic banks from 2014 to 2023. The findings show that regulations such as POJK No. 51/2017 in Indonesia, the Islamic Financial Services Act (IFSA) 2013 and ESG Guidelines in Malaysia, sustainability policies from the Central Bank of Kuwait, the Securities and Commodities Authority (SCA) guidelines in the United Arab Emirates, and reporting standards from the Central Bank of Bahrain have contributed to improvements in ISR practices, both in terms of formal compliance and the substance of the content. However, most reporting remains administrative in nature and does not fully reflect the values of maqāṣid al-sharī’a. Therefore, this study recommends strengthening regulations that not only mandate reporting but also emphasize quality, depth, and the integration of Islamic values into sustainability practices in Islamic banking to achieve meaningful social and environmental.

This study examines the epistemological basis behind the choice of four traditional Islamic boarding schools affiliated with Nahdlatul Ulama (NU) in East Java to prioritize ḥisāb (astronomical calculations) over ru'ya (crescent sighting) in determining the beginning of the Hijri month, even though NU institutionally prioritizes ru'ya. Through qualitative, empirical-legal research based on interviews, document analysis, and field observations, this study shows that the practice of ḥisāb is not merely a technical choice, but rather an expression of an epistemic orientation rooted in classical astronomical literature, the continuity of scientific chains of narration, and burhānī reasoning that emphasizes rational certainty. The use of ḥisāb is legitimized by classical al-Shāfi'iyya fiqh and the pesantren ethos, which emphasizes that knowledge must be put into practice (taṭbīq al-‘ilm). Thus, ḥisāb functions as a marker of scholarly authority, legal certainty, and the pesantren's institutional identity. Despite technical variations, all four pesantren demonstrate a common epistemological commitment: the integration of the bayānī textual approach with the burhānī scientific rationality. This study highlights how traditional institutions negotiate textual authority and scientific rationality in contemporary religious practice.

This article examines the transformation of Indonesian land law from the paradigm of fundamental justice embodied in the 1960 Basic Agrarian Law (UUPA) to a market-oriented framework shaped by the Omnibus Law on Job Creation and decentralization policies. This shift generates tensions between constitutional mandates, Pancasila values, customary law, and politico-economic interests that often marginalize structural justice. The study aims to analyze how these foundational values interact with Islamic legal philosophy through the maqāṣid approach to construct a more equitable and sustainable agrarian system. Employing a qualitative normative legal method combined with interpretive and comparative analysis, the research finds that a dialogical integration of UUPA principles, maqāṣid, and the social function of land can generate an alternative paradigm of land governance. The novelty lies in proposing a model emphasizing tawāzun (balance), ecological protection, and social equality. Theoretically, the article enriches global law-and-development discourse, while practically providing normative grounds for reconstructing agrarian policy toward justice and sustainability.

Efforts to recover assets resulting from corruption remain hindered by legal loopholes and concealment strategies, especially when offenders register illicit assets under the names of third parties. This study explores how prosecutors perceive the legitimacy of such assets and their views on the necessity of reforming Indonesia’s asset forfeiture framework. Using a qualitative empirical design, the research is based on semi-structured interviews with four prosecutors who have handled corruption cases involving complex asset ownership. The findings reveal that prosecutors consistently view these assets as materially and morally illegitimate, even if formally registered under others' names. They also support introducing a non-conviction-based asset forfeiture (NCBAF) model to overcome the limitations of conviction-dependent mechanisms, especially in cases where suspects die or flee. Islamic legal principles, such as the ḥifẓ al-māl (preservation of wealth) and taʿzīr bi al-māl or discretionary penalties targeting unlawfully acquired assets, offer a moral and doctrinal basis for such reforms. These insights contribute to ongoing legal debates and support the development of a more effective and ethically grounded policy for asset recovery in corruption cases.

The global importance of waqf in mitigating economic crises has been widely acknowledged, leading to a growing number of literature reviews in the field. This research is significant as it serves as a reference for scholars in waqf studies. This review analyzes waqf literature from 2019 to 2023 using the Scopus database. Utilizing the PRISMA framework as a methodology, the study initially identified 1153 articles, reducing this to 208 after applying specific filters. The findings highlight key elements of the literature on waqf, including theoretical frameworks, regional focus, and key findings and propositions. A key finding is the geographical focus of waqf research on Malaysia and Indonesia, the prevalence of case studies as a methodology, and the direction of future research agendas towards enhancing governance practices, leveraging technology, and pursuing legal reforms. The results of this review not only demonstrate what is already known but also highlight areas that remain underexplored. Therefore, the recommendations presented are formulated based on these findings to encourage more focused and relevant further research.

Indonesia's pretrial system has long faced challenges, including formalistic procedures, limited judicial oversight, and potential violations of suspects' rights. The Constitutional Court Decision No. 21/PUU-XII/2014 expanded pretrial review, especially regarding suspect designation. Yet, gaps remain in implementation, legal certainty, and due process. This study aims to critically evaluate the reconfiguration of Indonesia's pretrial mechanism by integrating human rights principles, Islamic criminal law, and KUHAP reform. Employing doctrinal analysis of legislation, case law, and jurisprudence, complemented with comparative insights from Malaysia, Egypt, and Türkiye, the research examines how procedural fairness and accountability can be strengthened. Findings reveal persistent weaknesses in judicial control, repeated suspect status, and post factum review. Integrating positive law, human rights, and Islamic law principles such as ḥisba, qāḍī al-maẓālim, al-bayyina, and dar’ al-ḥudūd bi al-shubuhāt can enhance procedural justice. Recommendations include clearer pretrial codification, substantive judicial oversight, and adoption of Islamic law insights to build a more equitable, rights-oriented pretrial framework in Indonesia.

Women are social beings who hold a high position in continuing the kinship system, preserving the existence of inheritance, and being responsible for forming family ethics and morals. This study aims to reconstruct the legal perspective on gender relations by integrating Islamic law with the Minangkabau cultural customs to strengthen family resilience. This research uses a qualitative approach based on relevant documents from primary and secondary sources, including interviews, documentation, books, and articles. The collected data is analyzed using content analysis methods with phenomenological, feminist, and sociological approaches. The findings of this study indicate that the Minangkabau community views women as charismatic and respected figures. Bundo kanduang protects her kin, preserves the ancestral heritage, and maintains the kinship system to ensure the continuity of the family within the matrilineal kinship system. This research contributes to the discourse on Islamic law and gender by showing how the matrilineal society of Minangkabau aligns with Islamic principles and challenges conventional patriarchal interpretations that are not in line with Islamic values.

Bali faces challenges in implementing halal product assurance because the majority of its population is non-Muslim, and there is an increasing demand for halal tourism. This study aims to analyze the dynamics of halal food development in Bali in the context of religion, regulation, and local culture. The method is a socio-legal approach with interview techniques, observation, and legal document analysis. The findings show that the interaction between religious norms, state policies, and local culture affects the availability of halal food. The novelty of this study lies in the contextual approach to halal governance in non-Muslim majority areas. Recommendations include increasing halal literacy, supporting MSMEs, and strengthening locally-based halal supply chains.