Alwy Ahmed Mohamed, Md. Riazul Haque, Alaa Alkhateeb

Islamic Law in Plural Legal Systems and the SDGs: A Comparative Analysis of Indonesia, Bangladesh, and Kenya

Introduction

Islamic law in plural legal systems and the sdgs: a comparative analysis of indonesia, bangladesh, and kenya. Comparative analysis of Islamic law in plural legal systems and its interaction with SDGs in Indonesia, Bangladesh, and Kenya. Focuses on family, inheritance, finance, gender, and human rights.

Abstract

Objective: This study aims to analyze how Islamic law is interpreted, institutionalized, and practiced in the fields of family, inheritance, and Islamic finance, as well as how these interpretations interact with national constitutions and international human rights norms. Theoretical framework: The theoretical framework of this research is based on the concept of legal pluralism, the relationship between religious law and state law, and the framework of the Sustainable Development Goals (SDGs), specifically SDG 5 (Gender Equality), SDG 10 (Reducing Inequality), and SDG 16 (Peace, Justice, and Strong Institutions). Literature review: Reviews the theory of legal pluralism, constitutional debates in multireligious postcolonial countries, and previous studies of Islamic legal practice in Indonesia, Bangladesh, and Kenya, with a focus on issues of gender, judicial consistency, and human rights. Methods: This study uses a comparative qualitative method with a doctrinal legal analysis approach, legal case evaluation, and secondary literature synthesis. Data were analyzed across jurisdictions to compare Islamic legal practices in Indonesia, Bangladesh, and Kenya. Results: The results show different models of Islamic law implementation: Indonesia combines national and regional authorities (e.g., in Aceh), Bangladesh enforces Islamic family law through civil courts, while Kenya restricts sharia to the constitutionally recognized Kadhi courts. Legal pluralism promotes cultural inclusion, but it also creates inconsistencies in the protection of gender rights and the coherence of the justice system. Implications: Affirms the importance of harmonizing religious law with the constitution to strengthen human rights, inclusive justice, and legal reform by the SDGs. Novelty: A comparative analysis of three countries with different contexts and the direct link of Islamic law to the global agenda of the SDGs, in particular, gender equality, inequality reduction, and institutional strengthening.

Review

This study offers a timely and highly pertinent comparative analysis of Islamic law within plural legal systems, uniquely linking its implementation to the global agenda of the Sustainable Development Goals (SDGs). By focusing on Indonesia, Bangladesh, and Kenya, the research effectively captures diverse interpretations, institutionalizations, and practices of Islamic law concerning family, inheritance, and finance. The paper's strength lies in its robust theoretical framework, integrating legal pluralism, the religious law-state law nexus, and the specific targets of SDG 5 (Gender Equality), SDG 10 (Reducing Inequality), and SDG 16 (Peace, Justice, and Strong Institutions). The qualitative, comparative methodology, combining doctrinal analysis and case evaluation, provides a solid foundation for its cross-jurisdictional insights, making a significant contribution to understanding the complexities of religious law in postcolonial contexts. The findings reveal distinct models of Islamic law implementation across the three nations—ranging from Indonesia's dual national and regional authorities, Bangladesh's enforcement through civil courts, to Kenya's constitutionally restricted Kadhi courts. Crucially, the study highlights a critical paradox: while legal pluralism fosters cultural inclusion, it often precipitates inconsistencies in the protection of gender rights and challenges the overall coherence of the justice system. These results are invaluable for understanding the real-world implications of diverse legal frameworks on human rights and social equity. The research compellingly argues for the imperative of harmonizing religious law with national constitutions to buttress human rights, cultivate inclusive justice, and guide progressive legal reforms aligned with the SDGs. Ultimately, this paper stands out for its novel comparative approach, bringing together three disparate national contexts and directly engaging Islamic legal practices with international development goals. It provides crucial insights for scholars, policymakers, and legal practitioners grappling with the challenges of balancing religious freedom, cultural diversity, and universal human rights in religiously plural societies. The intricate analysis of how state and religious legal systems interact, and the resultant impact on vulnerable populations, particularly women, underscores the paper's profound relevance and makes it an essential read for anyone interested in comparative law, religious studies, and sustainable development.

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