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Al-Daulah : Jurnal Hukum dan Perundangan Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20890109     EISSN : 25030922     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
al-Daulah: Jurnal Hukum dan Perundangan Islam (p-ISSN: 2089-0109 dan e-ISSN: 2503-0922) diterbitkan oleh Prodi Siyasah Jinayah (Hukum Tata Negara dan Hukum Pidana Islam) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya pada bulan April 2011. Jurnal ini terbit setiap bulan April dan Oktober, dengan memuat kajian-kajian tentang tema hukum dan Perundangan Islam. Jurnal ini terakreditasi pada 1 Desember 2015 sesuai Keputusan Direktur Jenderal Penguatan Riset dan Pengembangan Kementerian Riset, Teknologi, dan Pendidikan Tinggi Republik Indonesia Nomor: 2/E/KPT/2015.
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Articles 7 Documents
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Search results for , issue "Vol. 12 No. 1 (2022): April" : 7 Documents clear
INTERPRETING AL-BUGHĀT AND THE ETHICS OF NATION STATE CITIZENSHIP Muflikhatul khoiroh; Abd Syakur
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

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This article examines the al-bughāt phenomenon addressed to groups accusing the Indonesian state of being a taghut government. The study garnered primary sources from siyāsah fiqh books discussing al-bughāt. The data collected was analyzed using content analysis, and the results are as follows; al-bughāt is a justified state dissident. The concept of al-bughāt was born within the framework of jināyah fiqh, so it is classified in the ḥudūd criminal provisions. Al-bughāt, in the practical level of early Islamic politics, was in a political frame so that there was no provision for sanctions. Besides, jurists position al-bughāt as the authority of the Islamic state under the political model of the khilāfah, so it is not appropriate when applied in countries that do not adhere to Islamic principles, such as Indonesia. As for certain groups that accuse Indonesia of being a taghut country, they should be more appropriately positioned as deviants who should be facilitated with guidance and counseling. However, if they commit deadly destruction and bombing, they are placed as al-muḥāribūn, whose punishment status is in the al-ḥirābah category.  Keywords: al-bughāt, al-ḥudūd, , al-muḥāribūn, jarīmah, ḥadd al-ḥirābah 
Political Culture of Madurese Community in Marriage Law: from the Perspective of Utilitarianism and Structuration Theories and Maqasidi Interpretation Sumarkan Sumarkan; Ifa Mutitul Choiroh
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

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This research delves into marriage law of Madurese community seen from the purview of its culture and nature. The practice of such marriage contravenes the formal restrictions of the legislation concerning marriage as ruled by the state. Several facts show that some marriage norms were spoiled, sparking the popularity of sirri (unregistered) marriage which further leads to istbat nikah and underage marriage that triggers an exemption. This research employed a qualitative method by garnering information from the judges of a religious court, kiai (a respected and religious Javanese expert in Islam), and the members of the public. The primary data were collected from data on unregistered marriage and exemption in marriage. The data were reductively analyzed, discovering that, first, the political culture of the marriage in Madurese community is captured in a particular pattern: 1) political administration is a measure taken to manipulate the administrative process; 2) political prevention is defined as a legal objective (maslahah, avoiding the likelihood of sharia violations with the basis of hifdz an-nasb) which is a milestone of a legal politics referred to by people, 3) political family and political culture were shaped by the people’s view believing that securing familial relationships from breaking is far more important than what the legislation regulates, 4) political authority represents the presence of a kiai that works like a shield and an escape thoroughfare from the law of the state for the sake of the tradition; second, 1) from the aspect of utilitarianism, there is a point at which political culture of Madurese community and justice meet, 2) the structuration theory views political culture in Madurese community as inevitability, involving religious roles, public, and legal materials, and 3) within maqasidi scope, a law enforcement is seen as preventive (dar’u al-mafasid) as congruent with the aspect of lawmaking objective.  
THE DYNAMIC PROBLEMS OF POLYGAMY CASES IN INDONESIA:: THE SHOWCASE OF JURIDICAL AUTHORITY, IMPLEMENTATION OF CONTRA LEGEM AND FIQH ARGUMENTATIONS Nabiela Naily; A. Kemal Riza; Ta’mirotul Biroroh
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

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Abstract: One issue that remains a stumble block for modernization of Islamic family law is polygamy. In Indonesia, polygamy is restricted, but not completely forbidden. Husbands who have desires for polygamy should fulfill requirements before the court of justice. However, there is a tendency among judges of Islamic courts nowadays to grant permission for them to practice polygamy although not all of those husbands meet the requirements as outlined by the Marriage Law. The judges argue that according to Article 5 the Law No. 48 of 2009 concerning Judicial Authority they have the right and are obliged to deliver justice at all costs. Therefore, they grant permission for polygamy not only on the basis of the corresponding the Law No. 1 of 1974 on Marriage, but also on the authority of rechtsvinding, Islamic jurisprudence or fiqh as living law concept, and contra legem theory, a progressive implementation of legal value. Keywords: polygamy, juridical authority, contra legem
Synchronising Positive Law and Islamic Law Within a Justice Concept in Concurrent Elections 2024: From The Philosophical Perspective of Islamic Law Mahir
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

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Concurrent elections should not be injured by dissenting interpretations of Islamic Law in terms of its contextual connection to Positive Law. This research aims to delve into the connection between the norms of Islam and politics in Indonesia and the measures taken to bring about the harmony of religious norms within the political system of law in Indonesia. With a normative-descriptive approach, this legal research discovered that the legal objective is not restricted to justice, but it also takes into account legal certainty and merit. The discourse on justice often refers to two thoughts. John Rawls and Jürgen Habermas, within the scope of critical philosophy developed by Kant, attempted to seek the primary principles underlying social life. Concurrent elections 2024 in Indonesia refer to direct, universal, free, secret, genuine, and just principles. These principles serve as the basis for justice enforcement, especially in the fulfilment of the political rights of the citizens. The justice principle builds the harmonization of the norms that underlie elections with Islamic Law as the core soul of the elections. Participation in elections is understood as the exercise of the norms of Islamic law with the frameworks aiming to bring about the merit of the people as a whole. How do the principles of justice in the principles of elections intertwine with the principle of justice in Islamic law?
SYNCHRONISING POSITIVE LAW AND ISLAMIC LAW WITHIN A JUSTICE CONCEPT IN CONCURRENT ELECTIONS 2024: FROM THE PHILOSOPHICAL PERSPECTIVE OF ISLAMIC LAW Mahir
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

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Abstract

Concurrent elections should not be injured by dissenting interpretations of Islamic Law in terms of its contextual connection to Positive Law. This research aims to delve into the connection between the norms of Islam and politics in Indonesia and the measures taken to bring about the harmony of religious norms within the political system of law in Indonesia. With a normative-descriptive approach, this legal research discovered that the legal objective is not restricted to justice, but it also takes into account legal certainty and merit. The discourse on justice often refers to two thoughts. John Rawls and Jürgen Habermas, within the scope of critical philosophy developed by Kant, attempted to seek the primary principles underlying social life. Concurrent elections 2024 in Indonesia refer to direct, universal, free, secret, genuine, and just principles. These principles serve as the basis for justice enforcement, especially in the fulfilment of the political rights of the citizens. The justice principle builds the harmonization of the norms that underlie elections with Islamic Law as the core soul of the elections. Participation in elections is understood as the exercise of the norms of Islamic law with the frameworks aiming to bring about the merit of the people as a whole. How do the principles of justice in the principles of elections intertwine with the principle of justice in Islamic law? Keywords: Harmonization, justice, concurrent elections, the philosophy of Islamic Law  
PHILOSOPHY OF TASHRĪ‘ REVIEW ON INTERNALIZATION MAJA LABO DAHU IN THE LEGAL SYSTEM OF THE SULTANATE OF BIMA Achmad Musyahid Idrus; Hamzah Hasan; Mulham Jaki Asti; Nasya Tisfa Taudiyah; Patimah Halim
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

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Abstract

Maja Labo Dahu's philosophy represents the Bima community's local values that have been internalized into Islamic law. This research aims to find answers to the issues examined, namely the existence of Islamic law in the Sultanate of Bima. The primary focus lies in the analysis of the implementation of Islamic law during the Sultanate of Bima and the internalization of the philosophy of Maja Labo Dahu within the Sultanate of Bima. The method used in this research is a descriptive qualitative method, which explores written documents and information from Bima community figures who know the implementation of Islamic law in the Sultanate of Bima as a result of the internalization between the philosophy of Maja Labo Dahu and the fiqh tashrī' in Islam. The data used in this research were obtained through observation, cross-checking interviews, and literature study. The findings of this research reveal that Islamic law has existed in the Sultanate of Bima since Islam was accepted as the official religion, based on the legitimacy of the theory of shahada, which explains the application of Islamic law coinciding with the Bima community's embrace of Islam. However, formally and juridically, Islamic law was declared applicable throughout the Sultanate of Bima after the establishment of three legal institutions, namely Sara Tua, Sara Sara, and Sara hukum, which were responsible for coordinating the implementation of laws such as flogging, stoning, retribution, and discretionary punishment. The philosophy of Maja Labo Dahu has been internalized into the Islamic law of the Kingdom of Bima, causing the Bima community to feel fear and shame in committing legal violations. Keywords: Tashrī’ philosophy, Maja Labo Dahu, Family Law, Sultanate of Bima.
THE VALIDITY OF FINES IMPOSED AS A SANCTION BY REGIONAL GOVERNMENTS TO CONTROL COMPLIANCE WITH COVID-19 HEALTH GUIDELINES Bayu Airlangga; Suparto Wijoyo; Soekarwo
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

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Abstract

As an effort to deal with the Covid-19 pandemic, the Government issued Presidential Instruction Number 6 of 2020 concerning Increasing Discipline and Law Enforcement of health Protocols in the Prevention and Control of Corona Virus Disease 2019 (Covid-19). In Presidential Instruction 6/2020 Regioal Heads are instructed to make Regional Head Regulations (Perkada) which contain sanctions for violation of obligations contained in the health protocol. Reffering to Law Number 12 of 2011 concerning Fomation of Legislation, Regional Head Regulations are not included in the hierarchy of statutory regulations. So this study discusses the validity of administrative sanctions in the form of fines contained in the Regional Head Regulation. Keywords: Administrative Fines, Regional Head Regulations, Covid-19.

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