Elbayyinah : Jurnal Ilmu Hukum dan Humaniora
Elbayyinah : Jurnal Ilmu Hukum dan Humaniora Elbayyinah : Jurnal Ilmu Hukum dan Humaniora is a multidisciplinary academic journal that focuses on interdisciplinary studies integrating normative-legal and humanities approaches in understanding the dynamics of law, social, cultural, political, and humanitarian issues. The journal aims to serve as a scholarly platform that brings together ideas, critiques, and analyses from academics, researchers, practitioners, and students from diverse scientific backgrounds.
PENGAWASAN KEKUASAAN EKSEKUTIF DALAM PERSEFEKTIF FIQH SIYASAH DAN SISTEM KETATANEGARAAN INDONESIA
Supervision of executive power is one of the most important aspects of government administration in ensuring that public authority is exercised in accordance with the principles of justice, accountability, transparency, and the rule of law. Effective supervision is necessary to prevent abuse of power, corruption, collusion, nepotism, and other forms of governmental misconduct that may harm public interests. In modern constitutional systems, executive oversight is implemented through various mechanisms involving legislative institutions, judicial bodies, independent state agencies, and public participation as part of the checks and balances principle. Meanwhile, from the perspective of Islamic Political Jurisprudence (Fiqh Siyasah), supervision of rulers and government officials has been recognized since the early development of Islamic governance through the concepts of amar ma’ruf nahi munkar (enjoining good and forbidding evil), shura (consultation), justice, accountability, and the responsibility of leaders before Allah SWT and society. This study aims to examine the concept of executive power supervision from the perspective of Fiqh Siyasah and the constitutional system, as well as to analyze the relevance and contribution of Islamic supervisory principles to contemporary governance practices. The research employs a normative legal research method using conceptual and statutory approaches supported by an extensive literature review. The findings reveal that both Fiqh Siyasah and modern constitutional systems place significant emphasis on supervision as a mechanism for maintaining governmental accountability and preventing the concentration and misuse of power. In Fiqh Siyasah, supervision is rooted in ethical, moral, and religious values, whereas constitutional systems rely on legal frameworks and institutional mechanisms established by the constitution and legislation. Despite differences in their foundations and implementation methods, both systems pursue the same objective: the realization of a just, transparent, responsible, and people-oriented government. Therefore, the integration of supervisory values derived from Fiqh Siyasah with modern constitutional oversight mechanisms can contribute to strengthening democratic governance, promoting good governance, enhancing public trust in government institutions, and ensuring the protection of public welfare in state administration.
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PELESTARIAN LINGKUNGAN PERSPEKTIF AL-QUR’AN: REKONSTRUKSI KESADARAN ELIT DALAM MENANGGULANGI DEFORESTASI
Deforestation is an environmental problem affecting ecosystem balance, climate change, and human sustainability. This study examines human responsibility toward the environment from the Qur’anic perspective through the concepts of khalifah, amanah, fasad, and mizan. The method used is library research with a thematic interpretation approach to Qur’anic verses related to environmental preservation. The findings show that humans, as khalifah, have moral and spiritual responsibilities to protect and manage nature wisely, fairly, and sustainably. Exploitative deforestation practices contradict Qur’anic values. Therefore, the internalization of Qur’anic values in policies, education, and public behavior is essential to prevent and overcome deforestation.
Pernikahan Dini dalam Persepektif Hukum Islam
Early marriage refers to a marriage conducted at an age that has not yet met the minimum requirements established by state law and Islamic law. The practice of marriage at a young age can lead to various consequences, such as discontinuation of education, economic difficulties, a higher risk of divorce, and psychological unpreparedness in carrying out household responsibilities. From the perspective of Islamic law, marriage aims to establish a harmonious and peaceful family based on the values of sakinah, mawaddah, and rahmah. However, the implementation of marriage must still consider the physical, mental, and emotional maturity of the couple so that family life can be carried out properly. This study aims to examine the perspective of Islamic law regarding early marriage and its impacts on society. The method used in this research is a literature review by utilizing national scientific articles published within the last five years through the Google Scholar database. The keywords used in the literature search included early marriage, law, Islam, and perspective. The results of the review indicate that early marriage in Islamic law is basically permissible as long as the requirements and pillars of marriage have been fulfilled. Nevertheless, its implementation must still pay attention to the principle of public benefit (maslahah) and the readiness of the couple in order to avoid negative impacts on household life. Therefore, education regarding age readiness, mental maturity, and responsibility before marriage needs to be improved to prevent various problems caused by early marriage.
ANALISIS TEORI MASLAHAH MURSALAH TERHADAP KEBIJAKAN PEMBATASAN OPERASIONAL TRANSPORTASI PUBLIK SAAT KRISIS KESEHATAN DI INDONESIA
The COVID-19 pandemic that struck Indonesia since early 2020 forced the government to issue various restriction policies, including operational restrictions on public transportation. This policy aims to reduce the spread of the virus, but on the other hand it has a significant impact on people's economy, especially drivers and public transportation users. This article aims to analyze the public transportation operational restriction policy during the health crisis in Indonesia from the perspective of Maslahah Mursalah theory in Islamic law. The method used is normative legal research with conceptual and statutory approaches. Data was collected through literature studies on various fiqh literature, legislation, and relevant scientific journals. The results show that the policy of restricting public transportation operations can be justified under Islamic law if it meets the criteria of Maslahah Mursalah, namely real benefit (haqiqiyyah), general in nature (kulliyyah), and not contrary to the principles of sharia. This policy is considered to protect life (hifz al-nafs) as one of the elements of Maqashid al-Syariah that must be prioritized. However, the state also has an obligation to guarantee the fulfillment of basic needs for affected communities through adequate compensation programs and social protection.
PROGRAM MAKAN BERGIZI GRATIS (MBG) DALAM PERSPEKTIF FIQH SIYASAH: ANALISIS KEBIJAKAN PUBLIK BERBASIS MAQASID AL- SYARIAH DI INDONESIA
Food insecurity and disparities in access to high-quality nutrition continue to pose crucial challenges to Indonesia's national development. To address these structural issues, addressing nutritional needs through domestic interventions has become an urgent agenda requiring both theoretical and practical legitimacy. This study aims to examine the significance and implementation of the free nutritious food program within public policy, by deeply exploring governance based on Islamic jurisprudence (fiqh siyasah) and the methodology of public welfare. Using qualitative methods based on library research, this study synthesizes various authoritative literature, state policy documents, and contemporary Islamic legal thought in a descriptive-analytical manner. The results indicate that the free nutritious food program should not be viewed reductively as a mere charitable instrument, but rather as a concrete manifestation of the ruler's constitutional responsibility (siyasah syar'iyyah) to promote social welfare. Axiologically, this policy reflects the fulfillment of primary needs (al-dharuriyyat) in line with the universal principles of sharia protection, including preserving the soul (hifz al-nafs) from the threat of malnutrition, optimizing the intellectual potential of the younger generation as a form of mind protection (hifz al-aql), and ensuring a quality of life to maintain the continuity of descendants (hifz al-nasl). This study concludes that the institutionalization of the maqasid al-shari'ah dimension into public policy formulation in Indonesia is capable of constructing a social security system that is not only adaptive to social realities but also possesses strong moral resilience and accountability.​
KEDAULATAN RAKYAT DALAM PERSPEKTIF FIQH SIYASAH DAN IMPLEMENTASINYA DALAM SISTEM HUKUM INDONESIA
This study evaluates the implementation of popular sovereignty in Indonesian positive law through the lens of Fiqh Siyasah. Using a systematic literature review, this study synthesizes various authoritative scientific literature. The results show that Fiqh Siyasah successfully harmonizes Hakimiyah Allah (God's Sovereignty) and Siyadah al-Ummah (People's Sovereignty) through the mechanisms of Shura and Bai'ah. This theological-constitutional synergy has been internalized into the Pancasila and the Preamble to the 1945 Constitution, which, after the amendment, strengthens the supremacy of the constitution (Siyasah Dusturiyah). However, the literature review reveals a clear gap with the national political reality. The presidential threshold policy is considered to strengthen the oligarchy of political parties, while the practice of risywah siyasah degrades the dignity of parliament. In this tension, Constitutional Court Decision Number 62/PUU-XXII/2024 presents a crucial Siyasah Qadhaiyyah intervention to restore the pure rights of citizens. This study concludes the need for reconstruction of election regulations that are oriented towards the welfare (Maqasid al-Shari'ah).
DEEPFAKE DAN MANIPULASI DIGITAL SEBAGAI BENTUK PENYEBARAN FITNAH MODERN
As technology advances, it can influence culture and improve the quality of society, particularly in the field of technology, specifically in Artificial Intelligence (AI). This refers to a computer system or technology designed to mirror human intellectual intelligence, such as thinking, decision-making, and solving problems currently experienced by humans. With the advancement of technology today, it has had a major impact on human life, ranging from beneficial to detrimental. One of the most prominent and controversial technologies is Deepfake. The Deepfake phenomenon is an artificial intelligence that can manipulate a person's face, voice, and body shape, through video and audio to produce convincing fake recordings. Deepfake has positive potential in terms of marketing and creativity, but Deepfake is more often misused for slander, fraud, political propaganda, and even the distribution of non-sensual pornographic content. Although Deepfake is not specifically regulated in Indonesian positive law, there are several laws related to this issue. As stated in Indonesian positive law, specifically the ITE Law, the Pornography Law, and the Criminal Code No. 1 of 2023.
Pemilihan Kepala Daerah oleh DPRD dalam Perspektif Syura: Analisis Normatif terhadap Prinsip Representativitas dalam Demokrasi Indonesia
The concept of power in Fiqh Dusturiyah has become increasingly relevant in contemporary discussions on the relationship between Islamic political thought and modern constitutional governance. This study aims to analyze the concept of power in Fiqh Dusturiyah and examine its relevance to the Indonesian constitutional system. Employing a normative legal research method with conceptual and library research approaches, this study utilizes classical Islamic political literature, constitutional law references, and relevant scholarly works as primary and secondary sources. The findings reveal that power in Fiqh Dusturiyah is regarded as a trust (amanah) that must be exercised in accordance with the principles of justice (al-'adalah), consultation (shura), and public welfare (maslahah). Furthermore, Fiqh Dusturiyah recognizes the division of governmental authority into legislative (al-sultah al-tashri'iyyah), executive (al-sultah al-tanfidhiyyah), and judicial (al-sultah al-qada'iyyah) functions, which serve to prevent the concentration of power and ensure governmental accountability. The study also demonstrates that these principles have substantial relevance to the Indonesian constitutional system, particularly in relation to the rule of law, democratic governance, popular sovereignty, and the implementation of checks and balances. The novelty of this research lies in its analysis of the concept of power in Fiqh Dusturiyah through the perspective of Indonesia’s constitutional framework. The study concludes that the values embedded in Fiqh Dusturiyah can serve as an ethical foundation for strengthening democratic, accountable, and justice-oriented governance in Indonesia.
Politik Kekerabatan dan Keadilan Demokrasi: Analisis Fiqih Siyasah terhadap Fenomena Politik Dinasti di Indonesia
The political phenomenon of nepotism or dynastic rule has become one of the major issues in the development of democracy in Indonesia because it involves family ties in political power. Although this practice does not violate existing laws, it often sparks debate regarding justice, equal political opportunities, and the quality of democracy. This study aims to explore political dynasties through the lens of fiqh siyasah using normative legal research methods and a literature review approach. The findings of this study indicate that fiqh siyasah does not prohibit kinship ties in leadership, provided they are based on the principles of justice, trustworthiness, and the public good. However, the practice of political dynasties may conflict with the values of fiqh siyasah if it leads to a monopoly of power, disregards competence, and prioritizes the interests of a particular group over those of the broader public. Therefore, the principles of justice and good governance must be applied to maintain the quality of democracy in accordance with the values of fiqh siyasah.
Sejarah Perkembangan Hukum Islam:Dari Zaman Nabi Sampai Zaman Kontemporer
This article examines the historical development of Islamic law from the prophetic period to the contemporary era, highlighting its dynamic and adaptive nature in responding to changing social, political, and cultural contexts. Using a qualitative historical approach based on library research, the study analyzes primary sources such as the Qur’an, Hadith collections, and classical juristic works, alongside modern scholarly literature. The findings demonstrate that Islamic law was initially formed through direct revelation and prophetic practice, establishing a normative foundation for Muslim society. Following the Prophet’s death, the Companions employed ijtihad, qiyas, and consensus to address new legal challenges arising from territorial expansion and social complexity. The subsequent periods witnessed the emergence of major schools of Islamic jurisprudence and the systematization of usul al-fiqh, which shaped classical Islamic legal thought. Although a tendency toward stagnation appeared in the later medieval period, modern reform movements revitalized Islamic law through contextual ijtihad and the maqasid al-shari‘ah approach. In the contemporary era, Islamic law continues to evolve through national legislation, interdisciplinary scholarship, and engagement with global issues, demonstrating its enduring relevance and flexibility.
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PERAN SAHABAT DALAM PENGEMBANGAN HUKUM ISLAM
The development of Islamic law in the early period cannot be separated from the role of the Companions of the Prophet Muhammad (peace be upon him). After the passing of the Prophet, the Companions became the primary references in determining Islamic legal rulings through their understanding of the Qur’an and Sunnah, as well as through the practice of ijtihad in addressing new issues that were not explicitly regulated. This study aims to examine the role of the Companions in the development of Islamic law, particularly through the methods of ijtihad, ijma’, and qiyas that they applied. The research employs a library research method with historical and normative approaches, utilizing classical and contemporary sources in the fields of fiqh and usul al-fiqh. The findings indicate that the Companions made significant contributions to establishing the foundations of Islamic law through legal opinions (fatwas), legal policies, and judicial practices. Differences of opinion among the Companions also played an important role in fostering the dynamism and flexibility of Islamic law. Thus, the role of the Companions was not merely transmissive but also creative and constructive in developing Islamic law in accordance with the social context of their time.
PENGARUH NILAI & NORMA PRA-ISLAMTERHADAP PEMBENTUKAN SYARIAT ISLAM
This study aims to analyze how the values and norms of pre-Islamic Arabian society influenced the formation of Islamic law, particularly in its social, legal, and cultural dimensions. This research employs a qualitative-descriptive method with a literature-based approach, examining classical and contemporary sources on pre-Islamic traditions as well as primary Islamic sources such as the Qur’an and Hadith. The findings indicate that several pre-Islamic values such as the concepts of honor (muru’ah), covenant traditions (hilf), and philanthropic practices were adapted and refined within Islamic law, while harmful norms such as tribal fanaticism, usury, and structural violence were gradually abolished. The study concludes that Islamic law did not emerge in a vacuum but developed through a transformative process that selected, corrected, and purified pre-Islamic values, resulting in a legal system that is more just, humane, and grounded in monotheism.
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RELEVANSI TARIKH TASYRI’ TERHADAP PENERAPAN HUKUM ISLAM DI INDONESIA: SEBUAH KAJIAN HISTORIS DAN NORMATIF
This research examines the relevance of Tarikh Tasyri' principles to the application of Islamic law in contemporary Indonesia. Tarikh Tasyri' is a discipline that studies the history of the formation and development of Islamic law from the prophetic era to the modern age. Using a descriptive qualitative approach through library research, this study analyzes how fundamental principles in Tarikh Tasyri', such as tadarruj (gradualism), contextual ijtihad, and the role of political authority, can be applied in the context of modern Indonesia which is plural and democratic. The research findings indicate that the historical development of Islamic law acceptance in Indonesia occurred gradually, starting from the era of Nusantara sultanates, facing restrictions during the colonial period through reception theory, to post-independence integration through various regulations such as the Marriage Law of 1974, expansion of Religious Court authority, and the compilation of Islamic Law. The integration of Islamic law into the national legal system proves that sharia can operate in harmony with the principles of Pancasila and the 1945 Constitution. This research concludes that understanding Tarikh Tasyri' provides an important foundation for the development of Islamic law in Indonesia that is moderate, inclusive, and responsive to contemporary challenges such as sharia economics, fintech, productive waqf, and digital zakat.
SIGNIFIKANSI KAJIAN TARIKH TASYRI’ DALAM MEMAHAMI PERKEMBANGAN HUKUM ISLAM MASA KINI
The study of Tarikh Tasyri' (History of Islamic Legal Legislation) is a fundamental scientific discipline that provides a framework for contextual understanding of Islamic Law (Fiqh). This journal aims to analyze the historical significance of legal methodology from the prophetic era to the modern period and its relevance in responding to contemporary legal challenges. Through a historicalanalytical approach, it was found that the evolution of Tasyri' was marked by a shift from the dominance of naṣṣ (text) to the strengthening of ijtihād (reasoning) and istinbaṭ (exploration of law) by the mujtahids. A comprehensive understanding of Tasyri' periodization-including the role of Ijmā' during the time of Khulafaur Rasyidin, the use of Qiyās and Istiḥsān during the formation of the madhhab, up to the revival of Ijtihād Jamā'ī in the present era-is very crucial. Its main significance lies in the ability to map the sources of ikhtilāf (dissent) and apply the principles of Maṣlaḥah Murlahah responsibly, so that Islamic Law remains adaptive, relevant, and a solution to complex issues such as bioethics, sharia economics, and global environmental law.
KOMUNIKASI DAKWAH NABI MUHAMMAD SAW PADA PERIODE MEKKAH
Dakwah dan komunikasi adalah dua hal yang sama tetapi berbeda esensinya. Dakwah menekankan pesan yang lebih Islami dan bertujuan untuk memperkenalkan ajaran Islam di dalamnya, sedangkan komunikasi bersifat lebih umum, tetapi dalam komunikasi juga diharapkan dapat menyampaikan pesan-pesan positif. Periode Mekah merupakan periode perjuangan berat bagi Nabi Muhammad dalam memperkenalkan Islam kepada kaum kafir Quraisy. Hal ini membutuhkan kematangan dan kesiapan dalam komunikasi dan dakwah. Ada lima strategi komunikasi yang terjadi pada periode Mekah. Pertama, penurunan bertahap ayat-ayat Al-Quran, kedua, seruan kepada kerabat dekat, ketiga, pengaruh profesi, keempat, ide-ide revolusioner sebagai seorang pembaharu, dan kelima, pembentukan regenerasi. Kelima strategi komunikasi dakwah tersebut berhasil diimplementasikan oleh Nabi Muhammad, yang dipandu oleh wahyu Nabi dan sikap kepemimpinan yang berkualitas, sehingga ajaran Islam yang beliau bawa, dimulai dari Mekah, menyebar ke seluruh dunia hingga saat ini.
KEMUNDURAN PENDIDIKAN ISLAM PADA AKHIR DINASTI ABBASYIAH: ANALISIS FAKTOR INTERNAL DAN EKSTERNAL
This study critically analyzes the determinants of the decline of Islamic education during the late Abbasid Dynasty. Using a qualitative library research method with a historical approach, the study challenges the reductionist view that attributes the collapse of Islamic civilization solely to the 1258 Mongol invasion. Data were drawn from primary historical sources and authoritative secondary literature, and analyzed through content and causal analysis. The findings reveal that the decline was a cumulative result of two multidimensional factors. Internally, the educational system was weakened by political disintegration, which severed state patronage for science; sectarian conflicts that transformed madrasas into tools of political propaganda; the corruption of Waqf funds; and epistemological stagnation, characterized by the dominance of Taqlid (blind imitation) over critical inquiry. Externally, the civilization faced gradual erosion from the Crusades, which drained economic resources, culminating in the catastrophic Mongol invasion. This invasion caused the total physical destruction of the intellectual infrastructure, symbolized by the burning of the Bayt al-Hikmah, and severed the chain of knowledge transmission (sanad) through the mass slaughter of scholars. The study concludes that internal systemic fragility had occurred prior to the external attacks, rendering the educational system unable to withstand the final military blow.
DILEMA IJTIHAD DAN LEGISLASI: MEMBANDINGKAN HUKUMAN PELAKU PEDOFILIA DALAM HUKUM POSITIF DAN ISLAM DI INDONESIA
This research employs a comparative-normative and philosophical method to examine the dilemma between Islamic Sharia Ijtihad and Child Protection Law Legislation regarding the punishment of pedophilia perpetrators. The theories utilized center on Responsive Law and Ta'zir Ijtihad within the framework of Maqaṣid Shari'ah (Hifz al-'Irdh). The results show that Indonesian legislation successfully synchronizes the maximum sanctions (Death Penalty and Chemical Castration) with Ta'zir based on Maslahah Mursalah. However, structural conflicts in implementation (disparity in verdicts and the deadlock of Chemical Castration) undermine the deterrent effect, signifying the failure of Implementative Ijtihad. Structural consistency and the strengthening of restorative justice are urgently needed
PENGARUH POLITIK TERHADAP PERKEMBANGAN HUKUM ISLAM DI MASA KLASIK
This study aims to provide an in-depth examination of the influence of political factors on the development of Islamic law during the classical period, spanning the era of the Rightly Guided Caliphs, the Umayyad dynasty, and the Abbasid dynasty. During this time, Islamic law did not evolve in isolation from socio-political realities; instead, it developed alongside shifts in political authority that shaped the role of scholars, the formulation of legal rulings, and the emergence of major schools of jurisprudence. Using a historical-analytical approach, this research explores how political policies, changes in leadership, and state interests affected legal methodologies, the growth of intellectual centers, and the rise of prominent jurists. The findings indicate that political stability created a supportive environment for the advancement of Islamic legal thought, including the codification of hadith and the structured development of various schools of law. Conversely, political tensions—such as internal conflicts and factional rivalries—often limited scholarly independence and contributed to differing legal orientations influenced by political pressures or alignments. This study further highlights that the relationship between scholars and political authorities was neither purely oppositional nor entirely subordinate, but rather dynamic and mutually influential, shaping the trajectory of Islamic legal authority. Therefore, it is concluded that political factors played a crucial and inseparable role in the formation of Islamic law during the classical period, and their impact continues to be reflected in Islamic legal traditions today.
ISTIHSAN SEBAGAI METODE ISTINBATH HUKUM DALAM PERSPEKTIF MAZHAB HANAFI
Istihsan is one of the methods of legal istinbath that has an important position in the fiqh tradition, especially in the Hanafi School. This method is understood as an effort to leave general legal provisions to provisions that are considered stronger based on special postulates, benefits, or considerations of needs. In the Hanafi School, istihsan is not only seen as a problem-solving technique, but also as a way to keep the application of the law from being trapped in rigid qiyas and potentially causing injustice. The thinking of Abu Hanifah and his disciples shows that Islamic law must be able to answer problems in society without ignoring the principles of sharia. Therefore, istihsan is one of the important instruments for them in formulating more adaptive and realistic laws. In the modern era, when social dynamics and legal issues are increasingly complex, the study of istihsan from the perspective of the Hanafi School has become increasingly relevant. This research aims to explain the concept of istihsan, its epistemological basis, and its application in Hanafiyah thought, so that it can contribute to the development of responsive and contextual Islamic law.
PERAN KHALIFAH UMAR BIN KHATTAB DALAM PEMBENTUKAN HUKUM ISLAM
This study analyzes the role of Caliph Umar ibn al-Khattab in the formation of Islamic law, particularly his use of ijtihad in responding to social, political, and economic changes during the early expansion of the Islamic state. As new legal challenges emerged beyond the scope of existing precedents, Umar adopted a contextual and purposive approach to legal interpretation while remaining grounded in the Qur’an and the Sunnah. This research employs qualitative library-based methods with a historical and analytical approach, drawing on classical Islamic sources and contemporary legal scholarship. The findings reveal that Umar’s legal reasoning was characterized by an emphasis on public welfare (maslahah), contextual interpretation of legal texts, and alignment with the objectives of Islamic law (maqāṣid al-sharī‘ah). His policies, including the suspension of hudud punishments during famine, the reallocation of zakat distribution, and the regulation of family law, demonstrate a commitment to substantive justice over rigid textualism. The study argues that Umar’s ijtihad represents an early model of adaptive legal reasoning that anticipates elements of modern progressive legal thought. This research contributes to contemporary Islamic legal discourse by highlighting the inherent dynamism of Islamic law and its capacity to respond constructively to changing social realities.
Pengaruh Empat Mazhab terhadap Perkembangan Fikih Modern
This study aims to analyze the influence of the four major schools of Islamic jurisprudence Hanafi, Maliki, Syafi’i, and Hanbali which play a significant role in shaping the framework of Islamic legal thought up to the modern era. This research uses a literature study method by examining various sources such as books, journals, and classical as well as contemporary scholarly works that discuss the methodological development of each school. Although these schools emerged during the classical period, the legal reasoning methods they developed continue to serve as the main foundation for responding to various contemporary issues, particularly in social, economic, and technological fields. This study examines how the thoughts, methodologies, and contributions of the four schools provide a substantial influence on the development of modern Islamic law. The discussion focuses on the patterns of legal derivation of each school, their relevance to contemporary issues, and the extent to which their teachings remain significant in today’s Islamic legal context. Thus, this study emphasizes that the contributions of the four schools are not merely historical but also play a crucial role in shaping Islamic jurisprudence that is adaptive, inclusive, and relevant in the contemporary era.
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MODEL KEPEMIMPINAN PADA MASA KHALIFAH UMAR BIN KHATTAB
This article examines the leadership model of Caliph Umar ibn al-Khattab as a formative period in the development of Islamic governance. His leadership was marked by rapid territorial expansion, administrative consolidation, and the institutionalization of justice-oriented governance. This study aims to analyze the core principles underlying Umar’s leadership and the administrative reforms he implemented to ensure political stability and social welfare. Using a qualitative library-based method with a historical-analytical approach, the study draws on classical Islamic sources and contemporary scholarly literature. The findings indicate that Umar ibn al-Khattab’s leadership was grounded in justice, consultative decision-making (shūrā), accountability, and moral integrity. His reforms included the establishment of an organized provincial administration, judicial independence, financial management through the Bayt al-Māl, and the standardization of the Hijri calendar. This article argues that Umar’s leadership represents an early model of adaptive and ethical governance that integrates normative Islamic principles with pragmatic state administration. The study contributes to contemporary discourse by highlighting the continued relevance of Umar’s leadership model for modern public governance and leadership ethics.
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PERLINDUNGAN HAK PEREMPUAN DALAM PERKAWINAN MENURUT PERSPEKTIF HUKUM ISLAM
This paper explores the protection of women's rights within marriage from the perspective of Islamic law, particularly as codified in Indonesia's legal framework. Using a normative juridical approach, this study examines primary and secondary legal sources—including the Qur’an, Hadith, the Compilation of Islamic Law (KHI), and relevant Indonesian statutes—to assess the extent and implementation of women’s legal protections in marital life. Key areas of focus include women’s rights to maintenance, equitable treatment, protection against domestic violence, and fair division of property post-divorce. The analysis reveals that Islamic legal doctrines, when interpreted within the framework of maqāṣid al-sharī‘ah (objectives of Islamic law) and siyasah syar‘iyyah (Islamic governance), provide a robust foundation for gender justice and legal empowerment of women. However, cultural patriarchal biases and institutional shortcomings continue to hinder effective enforcement. The study underscores the role of the state in safeguarding women’s rights as part of its obligation to uphold public welfare and eliminate gender-based discrimination. Ultimately, the paper advocates for a gender-responsive reinterpretation of Islamic norms and stronger legal institutions to ensure substantive equality and protection for women in marriage.
MEKANISME PENGANGKATAN PEMIMPIN DALAM SEJARAH POLITIK UMAT ISLAM
Abstract This study explores the mechanisms of leadership succession in the political history of the Islamic ummah, tracing the transition of leadership from the period of the Rightly Guided Caliphs (Khulafāʾ al-Rāshidīn) to the shift toward monarchical systems. Using a qualitative approach and literature review method, this research examines both classical Islamic texts and contemporary academic works. The findings reveal that there was no single model of leadership selection in Islamic history. Instead, various methods such as limited consultation, direct appointment, and council-based decisions were employed. Fundamental principles such as shūrā (consultation), amānah (trust), and justice served as the core values in these processes. Furthermore, Islamic leadership is shown to encompass not only political and administrative dimensions but also moral, spiritual, and transcendental responsibilities as a divine trust. This study contributes to the discourse of fiqh siyasah and offers insights into leadership models in Islam that are contextually relevant to modern challenges
RELEVANSI DAN IMPLEMENTASI SISTEM PEMERINTAHAN KHILAFAH ABBASIYAH TERHADAP KETATANEGARAAN INDONESIA
The relevance of the values ​​of the Abbasid Caliphate government to the Indonesian state system reflects an effort of reflection in re-examining the dynamics of history and the concepts of the classical Islamic government system. Several aspects of the system have normative relevance to the principles adopted in the Indonesian state system, especially in terms of justice, leadership integrity, and the formation of character and community morals. Although structurally and ideologically there are fundamental differences between the caliphate model and the modern nation state, a number of principles from the Abbasid era can still be a source of inspiration for strengthening the current government system. Concepts such as responsible leadership, the involvement of intellectuals in the political realm, and the importance of political education that influences ethics are important elements in adapting the classical Islamic heritage to the context of the pluralistic and democratic Indonesian state.
PERLINDUNGAN HAK ASASI MANUSIA DALAM NEGARA: PERSPEKTIF ISLAM
Abstract The purpose of this study is to examine the attitude of Islamic law towards the protection of human rights (HAM) within the framework of national and state life. The importance of understanding how the basic principles of Islam, as a comprehensive religion, are in line with contemporary human rights enforcement initiatives is what drives this study. Using a qualitative approach and library research methodology, this study compares national and international human rights legal instruments with Islamic legal sources, including the Qur'an, Hadith, and the views of classical and modern scholars. The findings of the analysis indicate that Islam has placed a strong emphasis on defending the basic principles of human rights—life, property, mind, religion, and lineage. Islamic norms encourage the protection of human rights, as demonstrated by the principles of justice (al-'adl), welfare (maslahah), and equality before the law. Aligning Islamic principles with the positive legal system remains difficult in practice in many countries, especially in terms of women's rights, freedom of expression, and freedom of religion. This study comes to the conclusion that Islamic law can significantly enhance the protection of human rights in contemporary governance without losing its religious identity if it adopts a contextual approach and progressive ijtihad.
ANALISIS HUKUM ISLAM TENTANG PERAN PEMERINTAHAN DAERAH KOTA MEDAN DALAM MELINDUNGI ANAK KORBAN KEKERASAN SEKSUAL”
Sexual violence against children is a serious violation of human rights and religious moral values. The local government, as part of the state structure, has the responsibility to provide protection and recovery for child victims of violence. In Islamic law, child protection is associated with maqāṣid al-syarī‘ah, especially the protection of life and descendants. This study aims to analyze the role of the Medan City Government in protecting child victims of sexual violence through an Islamic law approach and positive law. This research method uses a normative juridical approach with qualitative analysis and is descriptive-analytical. It was found that the protection carried out by the Medan City Government is still reactive and not fully based on sharia values. A holistic approach is needed that combines state law and Islamic principles to ensure comprehensive child protection.
ABORSI KORBAN PEMERKOSAAN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA
Abortion is a sensitive issue that involving legal, ethical, and religious aspects, especially when it comes to rape victims. of rape. In Indonesia, the discourse on the legality of abortion for rape victims often raises debates between religious norms and legal rules. rape victims often leads to debates between religious norms and positive legal rules. between religious norms and positive legal rules. This research aims to critically examine how Islamic Law and Indonesian Positive Law view abortion performed by rape victims. rape victims. With a normative-juridical approach and literature study, the results of the analysis show that Islamic law provides limited space for abortion. analysis shows that Islamic law provides limited space for abortion before the fetus is 120 days old, with emergency reasons, including rape. rape. Meanwhile, Indonesian Positive Law through Law No. 36 of 2009 concerning Health and Government Regulation No. 36 of 2009 concerning Health. 2009 on Health and Government Regulation No. 61/2014 allows abortion for rape victims. abortion for rape victims under certain conditions. In conclusion, there are common ground between the two legal systems in the context of the protection of women and their right to reproductive health. women and the right to reproductive health, although its implementation still faces cultural and bureaucratic challenges.
SUAP UNTUK MENDAPATKAN JABATAN DI PEMERINTAHAN DALAM PERSPEKTIF HUKUM ISLAM
The practice of bribery in the appointment of government positions has become an increasingly urgent and complex issue, undermining both justice and the integrity of institutions. This study aims to analyze bribery from the perspective of Islamic law and identify principles that can be applied to address this problem. The methodology employed in this research includes a qualitative approach, utilizing literature review and in-depth interviews with relevant informants. Findings indicate that weak law enforcement and a bureaucratic culture that condones bribery are primary factors contributing to the prevalence of this issue in Indonesia. The application of Islamic values within public policy can enhance integrity and foster a cleaner government. This research also emphasizes the importance of collective public awareness in rejecting unethical practices, thereby rebuilding trust in government institutions. Consequently, this study is expected to significantly contribute to efforts in combating corruption within the public sector.