cover
Contact Name
M. Chaerul Risal
Contact Email
chaerul.risal@uin-alauddin.ac.id
Phone
+6282397538921
Journal Mail Official
jurnal.altasyriiyyah@gmail.com
Editorial Address
Jl. H. M. Yasin Limpo No. 36 Romangpolong, Samata, Kabupaten Gowa Fakultas Syariah dan Hukum, Universitas Islam Negeri Alauddin Makassar
Location
Kab. gowa,
Sulawesi selatan
INDONESIA
Jurnal Al Tasyri'iyyah
ISSN : 28279255     EISSN : 28279069     DOI : https://doi.org/10.1234/
Core Subject : Social,
Al Tasyriiyyah Journal is a journal of state administration law study program, faculty of sharia and law, alauddin islamic state university. Al Tasyriiyyah Journal is a scientific journal that publishes articles related to the study of constitutional law, islamic state law, and various scientific studies in the field of law. Al Tasyriiyyah Journal is published by the State Administration Law Study Program, Faculty of Sharia and Law, Alauddin State Islamic University, Makassar. Al Tasyriiyyah Journal accepts manuscripts or articles in the field of Islamic Law, constitutional law, islamic state law and Law from various academics and researchers, both national and international. The articles published in the journal al treatise are articles that have been reviewed by Bestari Partners or peer reviewers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
Democracy and Modern State: Siyasah Shar’iyyah Analysis Abdul Syatar
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.v0i0.20139

Abstract

This article aims to reveal the intersection of the relevance of democracy in the modern state system and the system of government in Islam. This research uses a socio-cultural approach. The results show that democracy has two essential aspects, namely as a system and form of the state, and as universal values that are fought for the sake of human dignity. In the first aspect, as a system and form of state, democracy cannot meet the concept of Islam because it does not speak of a particular system and form of a state. Islam is more of a religion and a social rule of life, not talking about a system, let alone the form of a state. In the second aspect, human values must be fought. Democracy can be in line with Islamic teachings. It covers the value of egalitarianism (al-musāwah), freedom (al-huriyah) and pluralism (ta` adudiyah), does not contradict Islamic principles, even long before Islam has spoken about and fought for these values. It does not mean that democracy is entirely following the spirit and breadth of Islam. Islam also contains other principles that democracy does not carry. The principles in question are the principles of syūrā (deliberation). From this understanding of democracy, what the Islamic democratic system wants to aim at is the implementation of Islamic teachings as a whole and consequently to create a benefit as aspired by siyāsah syar'iyah.Keywords: Democracy; Islamic Politics; Modern State; Siyasah Shar’iyyah
The Epistemology Of Siyasah Studies In The Philosophy Of UIN Alauddin Makassar Scientific Trains Kurniati Kurniati; Rahmiati Rahmiati
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.v0i0.20443

Abstract

The process of developing a scientific train philosophy is a human problem considering its position as a new scientific philosophy and requires a strong epistemological construct in terms of its source, structure, method and validity. The presence of a new scientific philosophy in the UIN Alauddin Makassar environment as a development of the scientific philosophy of the house of civilization, of course has consequences for tridharma activities including the epistemology of siyasah Syar'iah studies. To answer this problem, this study applies a descriptive-analytical qualitative research model using a multidisciplinary approach. The results showed that the study epistemology of Siyasah Syar'iyah in the UIN Alauddin Makassar environment from the source of the study had been developed by combining various normative bases in line with the vision and mission concept as a faculty and program study and supported by a curriculum of practical elaboration of the vision and mission. In line with that, the paradigm of Siyasah Syar’iyah study in the spectrum of scientific train philosophy places the study of siyasah syariyah to be more inclusive and is required to accommodate various sources, structures, methods and validity of syariyah syariyah that are relevant and constructed.Keywords: Epistemology; Siyasah Syar'iyah; Scientific Train.  
The Concept of Ijtihad as a Method of Renewing Ibn Taimiyah's Islamic Law Marzuki Umar
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.v0i0.20444

Abstract

Islamic law is a law based on the Qur'an, hadith, qiyat and ijma'. In essence, Islamic law is used as the basis of life and solutions to human problems. However, at present, the diversity of problems faced by humans makes Islamic law seem rigid and too binding. This paper will explain the concept of Ijtihad by Ibn Taimiyah in the context of reforming Islamic law. This research is in the form of library research through content analysis techniques. The main sources used by Ibn Taimiyah in performing ijtihad are the Qur'an and hadiths. He never put reason as a basis for thinking because for him reason is weak and weakens belief in the religion of Allah. In addition, he carried out Ijtihad by providing comparisons between existing schools and trying not to influence anyone because the method of ijtihad he did was ijtihad independently. The results of ijtihad produced by Ibn Taimiyah which are currently used are the requirements for the implementation of prostration and recitation as well as the exchange of unproductive waqf assets.Keywords: Islamic Law; Ibnu Taimiyah; Ijtihad
Directorate General Of Islamic Community Guidance Practice Regulation Number: Dj.Ii/542 Year 2013 In Increasing The Family Resilience Of West Palu Society Through Marriage Guidelines Haerolah Muh. Arief
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.v0i0.20613

Abstract

Problems in the household ark will eventually stymie the noble ideals of marriage. In this regard, this study is concerned to increase family resilience in the West Palu sub-district through self-collective marriage guidance based on the Directorate General of Islamic Community Guidance Regulation Number DJ. II/542 of 2013. In order to obtain a comprehensive study of the research problem, this study employs a combination of qualitative and quantitative methods. According to the study's findings, the implementation of premarital guidance for prospective brides at the KUA in West Palu District provided benefits but was ineffective. Thus, solution efforts must be made by referring to and following the guidelines for implementing premarital guidance, both in terms of material content and implementation patterns, as well as the existence of institutional support for the Indonesian Ministry of Religion as a budget provider and other institutions, and including premarital guidance as a mandatory requirement in marriage registration requirements.Keywords: Regulation; Family Resilience, Marriage Guidance
Pros and Cons of Online Criminal Case Settlement During the Covid-19 Pandemic: Study on Islamic Criminal Law Hamzah Hasan
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.v0i0.21396

Abstract

The online criminal trial discourse has become a hot discussion topic by criminal law practitioners, especially regarding the obscenity case in Petamburan that involved the suspect, HRS. HRS himself and his lawyer refused to hold the online trial for being contrary to the Criminal Procedure Code (KUHAP) although there is a Memorandum of Understanding between the Supreme Court, Attorney General's Office, Police, and the Directorate General (Ditjen) of Corrections regarding the Implementation of Criminal Trial Proceedings via video conferencing as efforts to prevent the spread of Covid-19 on April 13, 2020. This study aims to provide an answer that Islamic criminal procedural law can accommodate models of virtual criminal case resolution because it considers emergency situations. Moreover, the reason for the emergency has to do with humanity. The data used as materials for data analysis was library research which were taken from fiqh books, written documents, laws and other regulations. The results show that Islamic criminal law can consider its feasibility.Keywords: Virtual criminal court – Islamic criminal
MODERNISASI DAN REFORMASI DALAM PEMBINAAN HUKUM ISLAM DAN PRANATA SOSIAL DI NEGARA ISLAM: Telaah Komparatif Indonesia dan Malaysia Suhardin
Jurnal Al Tasyri'iyyah VOLUME 2 ISSUE 1, JUNE 2022
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.vi.26947

Abstract

Abstrak :This paper discusses the modernization and reform of the development of Islamic law and social institutions in Islamic countries as a comparative study of Indonesia and Malaysia. Islamic law revealed by Allah aims to prevent confusion in the community and bring benefit to them, directing them to truth, justice and wisdom and explaining the path that must be passed. In this case, it is based on five main priorities, namely maintaining religion, soul, mind, lineage and property, based on the al-Qur'an which is universal and dynamic. Thoughts on the development of Islamic law have long been studied by Western historians, especially those who have a tendency to justify the authenticity of Islamic law. Because the legal theme has a relationship with reality and the physical environment, it inevitably has to face challenges related to the facts of social change. Meanwhile, modernism in Islam is a series of thoughts and schools of thought in ijtihad to think rationally and to change understandings or customs that must be adapted to developments and conditions that exist at this time, without leaving Islamic values. Therefore, opportunities are always open and must be carried out by taking into account the social implications of the application of the product of legal thought.
Assessing The National Human Rights Commission's (Komnas Ham) Independence In Indonesia's Statement System Ashar Hasanuddin
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.vi.28536

Abstract

The National Human Rights Commission (Komnas HAM) is an independent, national state commission tasked with the responsibility of conducting human rights studies, research, counseling, investigations, monitoring, and mediation. The purpose of this study is to ascertain Komnas HAM's status and role within the Indonesian Constitutional System, as well as its accountability within the Indonesian Constitutional System. According to the nature of the inquiry, this is a library research on the subject of Komnas HAM. The syar'i theological approach was applied in the investigation. The findings of this study reveal that Komnas HAM has a distinct status and function within the Indonesian constitutional system; Komnas HAM's job is to strengthen human rights protection and enforcement. The research's implications are to emphasize Komnas HAM's constitutional status in Indonesia and to realize human rights enforcement through Komnas HAM's partnership with the community. Keywords: Komnas HAM; Siyasah Syar’iyyah; Wazir al-tawfid
Political Ethics In The Selection Of Local Head Candidates Fiqhi Siyasah Perspective Darna
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.vi.28564

Abstract

Political ethics serve as the foundation for anybody who aspires to be a leader. However, political life in the modern era is far from ideal. Numerous politicians employ a variety of strategies to further their goals without regard for ethical standards and principles. Politicians seeking power employ a variety of strategies, including making reckless political promises. The purpose of this study is to ascertain the public's opinion of the candidate pairs' political ethics, the elements that influence their application during elections, and the relationship between political ethics in the context of fiqhi siyasah and political ethics in Banggae District. This study employs a Normative Syar'i and Sociological Phenomenology approach. The data are derived from primary and secondary sources. The findings indicated that the public had a favorable opinion of the political ethics of the candidate pairs in the 2020 regional elections. Judging by the candidate pair's attitude in the community and their commitment to regional development and growth. Political ethics were affected by elements such as legal understanding, religious devotion, and level of education for regional head candidates in the 2020 regional head elections. Political ethics in the 2020 Pilkada in Banggae District are consistent with Fiqhi Siyasah in terms of conducting a campaign that is fair and adheres to regulations, as well as the attitudes and behavior of candidate pairs in the community. Keywords: Political Ethics; Regional Legislative Elections; Fiqhi Siyasah
Observing The Judicial Commission’s Role In Enhancing Judicial Capacity And Integrity Nurul Faizah Muhrim
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.vi.28624

Abstract

The purpose of this study is to examine the Judicial Commission's urgency in developing the capacity and integrity of judges in Makassar, as well as the mechanism for carrying out the Judicial Commission's duties in developing the capacity and integrity of judges from a siyasa syar'iyyah perspective. The research method used is descriptive qualitative field research. By adopting a syar'i normative perspective. The study's findings underscore the Judicial Commission's urgency in building the capacity and integrity of Makassar's judges through a training program on the Code of Ethics and Code of Conduct for Judges. The mechanism for carrying out the judicial commission's mandate of enhancing judges' capacity and integrity includes conducting training to improve KEPPH for judges with a tenure of 0–8 years, as well as the meaning of KEPPH for judges with a tenure of 8–15 years. In an Islamic state, the Judicial Commission serves as a supervisory agency for judges. It is headed by Qadhi al-Qudhat. This such, the Judicial Commission adheres to Islam's principle of being a supervisory entity in order to promote good behaviors and avert evil ones. The implication of this research is to strengthen the capacity and integrity of judges through the Judicial Commission's frequent implementation of judge training programs. Keywords: Judicial Commission; Judges; Siyasah Syar’iyyah
The Significance Of Foreign Manpower Use Via Government Regulation 34 Of 2021: A Case Study Of Siyasah Dauliyah Sri Wahyuni Sulaiman
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jat.vi.28789

Abstract

Foreign Workers are inextricably linked to problems and, as documented in the Makassar City Manpower Office's violation data, there are three things that are problematic. First, the Employer does not pay taxes. Second, the prohibition on the use of personnel positions. Thirdly, visa abuse. This is a field study utilizing a syar'i and sociological juridical approach. The study gathered data through primary sources, namely interviews, and secondary sources, namely the examination of legal materials and literature. The study's findings reveal that the usage of foreign workers leads in a high number of offenders in Makassar City, one of which is a lack of monitoring. This is due to the Pora Team's lack of firmness in dealing with field violations and factors from employers of foreign workers who do not comply with required requirements, one of which is avoiding required fees, which is permitted under the legal siyasah dauliyah as long as the service commodities traded do not contain harmful substances. with regard to QS. An-Nisa/4:29 Keywords: Foreign; Use; Labor

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