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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora
Raymond Dantes
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Putusan Kumulasi Isbat Nikah dengan Cerai Gugat Perkara Nomor 115/Pdt.G/2025/PA.Min Perspektif Istihsan bi al-Maslahah Miftahul Hamdi; Raymond Dantes
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10296

Abstract

The cumulation of marriage legalization and wife-initiated divorce in religious court practice has received attention in various studies, yet studies specifically discussing the application of istihsan bi al-maslahah in judges’ considerations in such cumulative cases remain limited. This study aims to analyze the judges’ legal considerations in Decision of the Maninjau Religious Court Number 115/Pdt.G/2025/PA.Min concerning the cumulation of marriage legalization and wife-initiated divorce from the perspective of istihsan bi al-maslahah. This study used a qualitative approach with a normative juridical and case study design. The main data source was Decision of the Maninjau Religious Court Number 115/Pdt.G/2025/PA.Min, which was purposively selected together with relevant legal documents and literature. The data were collected through documentation and library research, then analyzed descriptively and qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The results show that the panel of judges granted the petition for marriage legalization and wife-initiated divorce by considering public benefit, the protection of women’s rights, and the prevention of harm resulting from the unclear legal status of an unregistered marriage. These considerations reflect the application of istihsan bi al-maslahah through an orientation toward substantive justice, rather than merely the application of administrative formalities. This study contributes to the development of Islamic legal studies, particularly ushul fiqh and Islamic family law, and expands understanding of the practice of judicial ijtihad within the Religious Courts in Indonesia. Its implications include the theoretical strengthening of the concept of maqasid al-syari‘ah and the provision of practical considerations for religious courts in resolving contemporary Islamic family cases.
Implementasi Kebijakan Pelabelan Keluarga Penerima Manfaat (KPM) Program Keluarga Harapan (PKH) Ditinjau dari Perspektif Fiqh Siyasah Tanfiziyah (Studi Kasus Nagari Bahagia Padang Gelugur Pasaman Timur) Ade Yulia Rahmi; Raymond Dantes
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10747

Abstract

Poverty remains a social problem that requires targeted, transparent, and equitable mitigation policies. This study aims to analyze the implementation of the house-labeling policy for Beneficiary Families of the Family Hope Program (KPM PKH) in Nagari Bahagia, Padang Gelugur, East Pasaman, and to examine it from the perspective of fiqh siyasah tanfiziyah. This study used field research with a qualitative approach. Data were collected through observation, interviews, and documentation with the nagari government, PKH facilitators, community leaders, and beneficiary families. The results showed that the KPM PKH labeling policy was implemented to improve the targeting accuracy of social assistance, strengthen the transparency of beneficiary data, and encourage independent graduation among communities that had become economically capable. However, this policy also caused social impacts in the form of shame, negative stigma, and discomfort among some assistance recipients. From the perspective of fiqh siyasah tanfiziyah, the KPM PKH labeling policy can be justified because it aims to realize public welfare (maslahah ‘ammah) and ensure that social assistance is received by communities that truly need it. The conclusion of this study affirms that the social assistance labeling policy needs to be implemented by considering the principles of public welfare, justice, protection of the dignity of assistance recipients, and prevention of social and psychological harm.
Analisis Implementasi Kebijakan Angkutan Umum oleh Pemerintah Kabupaten Sijunjung dalam Perspektif Fiqih Siyasah Tanfidziyah Daswita; Raymond Dantes
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.11100

Abstract

Public transportation is a basic societal need whose provision is the responsibility of the government, as stipulated in Government Regulation Number 74 of 2014 concerning Road Transportation. However, in recent years, Sijunjung Regency has faced a shortage of public transportation that has even led toward the disappearance of such services. This study aims to analyze the implementation of public transportation policy based on Government Regulation Number 74 of 2014 and examine it from the perspective of fiqh siyasah tanfidhiyyah. The study employed a qualitative approach with a field research design. Data were collected through interviews, observations, and documentation. The findings indicate that the implementation of public transportation policy in Sijunjung Regency has not been effective because several requirements, such as the obligation to obtain legal entity status, high licensing costs, and stringent vehicle standards, are not aligned with the region’s economic and geographical conditions. From the perspective of fiqh siyasah tanfidhiyyah, the policy has not fully realized the public interest because its implementation has instead created difficulties for the community and transportation operators and has not reflected the principles of justice and the prohibition against burdening people beyond their capacity. This study concludes that the implementation of public transportation policy requires adjustment to the region’s social, economic, and geographical conditions to become more effective, equitable, and oriented toward public welfare. These findings have implications for local governments in formulating more adaptive implementation policies to ensure the sustainability of public transportation services in Sijunjung Regency.
Co-Authors Ade Yulia Rahmi Daswita Miftahul Hamdi