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All Journal Insani: Jurnal Pranata Sosial Hukum Islam
Qadriani Arifuddin
Universitas Islam DDI A.G.H. Abdurrahman Ambo Dalle, Polewali Mandar, Indonesia

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Islamic Law in Contemporary Indonesian Local Political Culture Qadriani Arifuddin; Asep Saifuddin; Atiyyatullah; Noorhani Dyani Laksmi
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 2 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i2.47

Abstract

This study places Islamic law within Indonesia's local political culture as a field of struggle over meaning that not only reflects the religious aspirations of the community, but also reveals how sharia continues to be negotiated, contested, and even politicised within local democratic power relations that are laden with symbols, identities, and struggles for legitimacy. The aim is to explain how Islamic law can function as a source of political legitimacy, an instrument of public policy, and an arena for identity contestation in local communities. This study uses a qualitative approach with a cross-regional comparative case study design, given the complexity of the phenomena under study, which cannot be reduced to simple causal relationships. The results indicate that Islamic law in contemporary Indonesian local political culture is not merely a normative system applied. Still, rather a field of struggle for meaning that is continuously reproduced in the tug-of-war among the legitimacy of power, collective identity, and the demands of pluralistic democracy. Sharia is often mobilised as a powerful moral symbol, but therein lies the paradox because when Islamic law is reduced to an electoral instrument and moralistic regulation, it risks losing its transformative ethical power as a substantive social justice project. The issue is not whether Islamic law exists in the public sphere, but rather who controls its interpretation, for what interests it serves, and to what extent it can transcend symbolic politics toward an inclusive maqāṣid al-sharīʿah.
Islamic Legal Philosophy in a Reinterpretation of Social Justice Qadriani Arifuddin; Sitti Arfah Mattana; Abdul Aziz; Erwin Saputra; Heryanto Akkas
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.88

Abstract

When justice (‘adl) in Islamic law is reduced to a textual adherence devoid of social context, a philosophical reinterpretation becomes imperative. This study aims to reconstruct the concept of social justice in Islamic law through an integrative and critical approach to the philosophy of law. This study employs a qualitative approach with a legal philosophy analysis design that is both normative-critical and interpretative-hermeneutic. The results confirm that the main problem with contemporary Islamic law does not fundamentally lie in the limitations of the norms or the absence of the principle of justice in the sources of sharī‘ah, but rather in an epistemological failure to reinterpret justice as a living, dynamic and contextual social praxis. In empirical reality, Islamic law is often trapped in a legalistic approach that prioritises textual compliance as the primary objective, thereby neglecting the substantive dimension of justice itself. Consequently, the law risks becoming an instrument for legitimising social inequality, particularly when legal interpretation is influenced by patriarchal biases, political interests and economic domination that hinder the protection of vulnerable groups. Therefore, this study emphasises the need for a paradigm shift from a focus on formal compliance towards contextual justice that integrates the maqāṣid al-sharī‘ah, prophetic ethics, and modern theories of social justice within a single transformative framework which not only upholds the normative legitimacy of Islamic law but also ensures its relevance in addressing contemporary issues of injustice.
Co-Authors Abdul Aziz Asep Saifuddin Atiyyatullah Erwin Saputra Heryanto Akkas Noorhani Dyani Laksmi Sitti Arfah Mattana