Islamic Studies in the World https://research.adra.ac.id/index.php/islamicstudies <p style="text-align: justify;"><strong>Islamic Studies in the World</strong> is a multi-disciplinary publication dedicated to the scholarly study of all aspects of Islam and of the Islamic world. Particular attention is paid to works dealing with history, geography, political science, economics, anthropology, sociology, law, literature, religion, philosophy, international relations, environmental and developmental issues, as well as ethical questions related to scientific research. The Journal seeks to place Islam and the Islamic tradition as its central focus of academic inquiry and to encourage comprehensive consideration of its many facets; to provide a forum for the study of Islam and Muslim societies in their global context; to encourage interdisciplinary studies of the Islamic world that are crossnational and comparative; to promote the diffusion, exchange and discussion of research findings; and to encourage interaction among academics from various traditions of learning. Submitted papers must be written in English for initial review stage by editors and further review process by minimum two international reviewers.</p> Yayasan Adra Karima Hubbi en-US Islamic Studies in the World 3048-3980 Indigenous Sanctions vs. Universal Human Rights: Deciphering the Epistemic Clash in the Codification of Customary Penal Systems https://research.adra.ac.id/index.php/islamicstudies/article/view/3978 <p><strong>Background. </strong>Legal pluralism has intensified global debates concerning the relationship between indigenous customary justice systems and universal human rights norms. Efforts to codify customary penal systems increasingly generate tensions regarding cultural autonomy, legal legitimacy, and human dignity. Indigenous sanctions are often grounded in communitarian conceptions of justice that emphasize restoration, reconciliation, and collective responsibility, whereas international human rights frameworks prioritize individual rights, procedural fairness, and equality before the law.</p> <p><strong>Purpose.</strong> This study aims to examine the epistemic foundations underlying these tensions and explore how competing legal knowledge systems influence the codification of customary penal systems.</p> <p><strong>Method.</strong> A qualitative socio-legal research design was employed through document analysis, comparative case examination, thematic coding, and interpretive analysis of legal texts, policy documents, judicial decisions, and scholarly literature concerning customary law and human rights.</p> <p><strong>Results. </strong>Findings reveal that conflicts emerging during codification processes are primarily epistemological rather than purely legal in nature. Differences in conceptions of justice, authority, accountability, and social order significantly shape perceptions of legitimacy among indigenous communities, state institutions, and human rights actors. Participatory legal reforms incorporating indigenous perspectives were found to reduce normative tensions and improve acceptance of codified legal frameworks.</p> <p><strong>Conclusion</strong>. The study concludes that sustainable legal integration requires recognition of epistemic diversity alongside commitments to fundamental human rights protections. Constructive dialogue between indigenous legal traditions and universal human rights frameworks offers a pathway toward more inclusive and culturally responsive legal governance in pluralistic societies.</p> Muhammad Wahid Cahyana Ismawati Ismawati Rashid Rahman Copyright (c) 2026 Muhammad Wahid Cahyana, Ismawati Ismawati, Rashid Rahman https://creativecommons.org/licenses/by-sa/4.0 2026-06-26 2026-06-26 3 3 171 186 10.70177/isw.v3i3.3978