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All Journal Al-Bayyinah International Journal of Islamic Studies
Kurniati Kurniati
Alauddin State Islamic University of Makassar
Religion Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Sociological Aspects in the Determination of Islamic Law Ismail Keri; Achmad Musyahid; Kurniati Kurniati
Al-Bayyinah Vol 6, No 2 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v6i2.2944

Abstract

Islamic law, as inherent in legalizing a problem faced by society, is an interesting discussion in the reflection of religious law in society. How not, the problems faced by the community continue to grow and are always global, as a large current that must find a solution. The dialogue between the sociological aspect and the establishment of Islamic law is a discourse that continues to get attention and must get factual answers as a result of reformulation of Islamic law towards a better direction. This study is a conceptual study or literature review, which examines data from Islamic law books, books and journals that have relevance. The result of the research shows that, the constructive relation of Islamic law between the sociological aspect and its stipulation is something that cannot be separated. The determination of Islamic law, always considering the sociological aspects of society, shows that the law is for human beings, so it is not surprising that Islamic law is flexible and measurable. The implication that is born in the sociological aspect is the establishment of a sweet and elastic Islamic law determination while still paying attention to its normative and historical aspects.
Violence in the Household (KDRT) Perspective Maqashid Sharia (Case Study at Sungguminasa District Court) Fania Putri Zaidhatul; Kurniati Kurniati; Asni Asni
International Journal of Islamic Studies Vol 3 No 2 (2023): December
Publisher : Pascasarjana UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ijis.v3i2.43355

Abstract

This Study discuss about violence in Household (domestic violence) in perspective maqashid sharia. This study employed a field research design utilizing qualitative and descriptive research methods as well as normative theology and juridical approach. The data sources in this research are primary data, secondary data and tertiary data. The result of this research show that : 1) Numerous causes, including communication, someone's character or behavior, jealousy, money, being married young, having the wrong idea about religion, emotions, and competition, are causative elements of violence in households. Putting this in perspective Maqashid Sharia has a significant impact on upholding someone's property, religion, soul, mind, and children because these are factors that can lead to further domestic violence; 2) Settlement efforts to resolve domestic violence are carried out by following the criminal procedural law system as regulated in Law Number 8 of 1981, concerning Criminal Procedure Law (KUHAP) and in imposing sentences based on Law No. 24 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), in this case the resolution efforts carried out by the Sungguminasa District Court are in line with the objectives of Islamic law, namely the protection of ensuring the 5 main principles in Islam, preserving religion, soul, mind, lineage and property.
Co-Authors Achmad Musyahid Asni Asni Fania Putri Zaidhatul Ismail Keri