Ahmad Zayyadi, Ahmad
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Journal : Al-Manahij: Jurnal Kajian Hukum Islam

Good Governance dalam Perspektif Hukum Islam Kontemporer (Tinjauan Usul Fikih dari Teori Pertingkatan Norma) Zayyadi, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.168 KB) | DOI: 10.24090/mnh.v11i1.1265

Abstract

The concept of good governance on Us}u>l al-Fiqh perspective is directed towards how to utilize the methods offered in the science of Us}u>l al-Fiqh to formulate Islamic legal principles to respond to the latest problems of all issues, and here I will specifically address the issue of good governance in the perspective of contemporary Islamic law. In this case, seeing the many problems, especially the corruption of governance, requires us to examine the current reality of these governance conditions for better, professional, responsible, trustworthy, and so on. One of them is by developing the concept of good governance with the hope of contributing to the development of better bureaucratic governance in accordance with the principles and values ​​in Islamic law such as equality, tolerance (tasa>muh), justice, welfare, consultation (syu>ra>), honesty, objectivity (comprehensiveness) and so on become an indication of good and clean governance. The approach used is the Us}u>l al-Fiqh approach as the epistemological and philosophical basis in Islamic law by describing the theory of new Us}u>l al-Fiqh as applied theory in exploring the values ​​of public services (good bureaucracy–good governance or other terms that can be called clean governance) in the eyes of contemporary Islamic law.
Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence Zayyadi, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1422.04 KB) | DOI: 10.24090/mnh.v14i1.1800

Abstract

This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.