Jurnal Al Tasyri'iyyah
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.
Articles
27 Documents
<![CDATA[Democracy and Modern State: Siyasah Shar’iyyah Analysis ]]>
<![CDATA[Abdul Syatar]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.v0i0.20139
<![CDATA[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]]>
<![CDATA[The Epistemology Of Siyasah Studies In The Philosophy Of UIN Alauddin Makassar Scientific Trains ]]>
<![CDATA[Kurniati Kurniati]]>;
<![CDATA[Rahmiati Rahmiati]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.v0i0.20443
<![CDATA[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. ]]>
<![CDATA[The Concept of Ijtihad as a Method of Renewing Ibn Taimiyah's Islamic Law ]]>
<![CDATA[Marzuki Umar]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.v0i0.20444
<![CDATA[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]]>
<![CDATA[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 ]]>
<![CDATA[Haerolah Muh. Arief]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.v0i0.20613
<![CDATA[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]]>
<![CDATA[Pros and Cons of Online Criminal Case Settlement During the Covid-19 Pandemic: Study on Islamic Criminal Law ]]>
<![CDATA[Hamzah Hasan]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.v0i0.21396
<![CDATA[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]]>
<![CDATA[Assessing The National Human Rights Commission's (Komnas Ham) Independence In Indonesia's Statement System ]]>
<![CDATA[Ashar Hasanuddin]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.vi.28536
<![CDATA[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]]>
<![CDATA[Political Ethics In The Selection Of Local Head Candidates Fiqhi Siyasah Perspective ]]>
<![CDATA[Darna]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.vi.28564
<![CDATA[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]]>
<![CDATA[Observing The Judicial Commission’s Role In Enhancing Judicial Capacity And Integrity ]]>
<![CDATA[Nurul Faizah Muhrim]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.vi.28624
<![CDATA[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]]>
<![CDATA[The Significance Of Foreign Manpower Use Via Government Regulation 34 Of 2021: A Case Study Of Siyasah Dauliyah ]]>
<![CDATA[Sri Wahyuni Sulaiman]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.vi.28789
<![CDATA[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]]>
<![CDATA[Indonesia's Presidential Threshold As Open Legal Policy In Election: As A Base For Muslim Studies ]]>
<![CDATA[Anggar Putra]]>
<![CDATA[ Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021 ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/jat.vi.28791
<![CDATA[Since its inception in the 2004 general election until the simultaneous general election in 2019, the use of standardization of presidential and vice presidential nominations, also known as the presidential threshold system, has garnered numerous benefits and drawbacks. Thus far, the writers have established that the presidential threshold system is an open legal policy (open legal policy) that does not violate the Republic of Indonesia's constitution or is constitutional. The purpose of this article is to examine the presidential threshold's compliance with an open legal policy from the standpoint of Islamic law. The research employs a legal-normative as well as a theological or syar'i approach. The study's findings indicate that the presidential threshold was established in conformity with open legal policy principles strengthened by Constitutional Court Decision 14/PUU-XI/2013. The presidential threshold system is one of the measures to strengthen the presidential system and simplify political parties, thereby enhancing long-term governance and promoting the legislative and executive institutions' professionalism in their performance. According to siyasa syariyyah, one must be a descendant of the Quraysh tribe in order to apply as a state or imamate leader. However, this requirement is not absolute; if one has been permitted to become a leader, one does not have to be a descendant of the Quraysh tribe in order to eliminate the sense of ashabiyah. Meanwhile, the presidential threshold system ensures full uniformity in order to allow for the nomination of candidates for state leaders (president and vice president). Keywords: Open Legal Policy; Presidential Thresholds; General election]]>
