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All Journal Al Hurriyah : Jurnal Hukum Islam Tanfizi : Journal of Islamic Constitutional and Political Law
Muhammad Faiz Algifari
University of Jordan
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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State Power Supervision and Corruption Prevention in Indonesia: Evaluating Institutional Ineffectiveness through Hisbah Perspectives Mustafid Mustafid; Mardona Siregar; Imam Agung Prakoso; Putra Halomoan Hsb; Muhammad Faiz Algifari
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 2 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Tata Negara

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Abstract

This study examines the effectiveness of oversight of power in preventing corruption in Indonesia from the perspective of fiqh siyasah hisbah. Studies on corruption have tended to focus on positive law and modern institutional approaches, while the Islamic ethical-political dimension has not been widely used as an analytical framework in evaluating weak institutional oversight. This article addresses this gap by analyzing how the principles of fiqh siyasah, particularly the concepts of amanah, hisbah, and maslahah, can be used to interpret the structural problems in the oversight of power in Indonesia. This study uses library research with a qualitative-analytical approach through a review of primary sources in the form of the Qur'an, hadith, and classical and contemporary literature on fiqh siyasah, combined with an analysis of regulations, anti-corruption policies, and academic studies on oversight institutions in Indonesia. The results show that the weak effectiveness of oversight institutions is not solely caused by regulatory issues, but also by the dominance of political interests, low elite integrity, and the absence of ethical oversight oriented towards moral accountability. In this context, fiqh siyasah hisbah offers a normative and theoretical framework that places supervision of power as a collective responsibility of the state and society.
Child Custody Rights After Divorce in Indonesia from a Contemporary Islamic Family Law Perspective Mustafid Mustafid; Khairunnas Rajab; Arisman Arisman; Muhammad Faiz Algifari
Alhurriyah Vol 10 No 2 (2025): December 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v10i2.10096

Abstract

The research explores the issue of child custody (hadhanah) in Indonesia after divorce, focusing on the challenges arising from the increasing divorce rates. It addresses the gap between classical Islamic jurisprudence, which traditionally prioritizes maternal rights, and the modern social realities that necessitate multidimensional considerations—legal, psychological, and social. The novelty of this study lies in its attempt to reconstruct the concept of child custody by harmonizing the principles of Islamic family law with the evolving needs of modern Indonesian society. This is achieved through the reinterpretation of classical fiqh texts using contemporary approaches, such as maslahah mursalah (public interest) and maqasid al-shariah (objectives of Islamic law), to align them with the principle of the best interest of the child. The research employs a qualitative methodology with a normative-sociological approach, supported by a literature review. Primary data is derived from classical Islamic jurisprudence literature and contemporary Islamic legal thought, while secondary data includes Indonesian legislation such as the Compilation of Islamic Law and the Marriage Law, alongside relevant scholarly articles. The findings reveal the urgent need to reinterpret the concept of hadhanah in a way that reflects current social, legal, and psychological considerations. The research emphasizes that harmonizing traditional sharia norms with modern social realities will enable the application of more humanistic Islamic law, thus contributing to the development of a contextual and equitable framework for Islamic family law in Indonesia. This approach helps address contemporary challenges and strengthens the adaptability of Islamic family law in the modern era.
Co-Authors Arisman Arisman Imam Agung Prakoso Khairunnas Rajab Mardona Siregar Mustafid Mustafid Mustafid Mustafid Putra Halomoan Hsb