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Nurul Syalafiyah
Universitas Pangeran Diponegoro Nganjuk
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Pembubaran Organisasi Kemasyarakatan Hizbut Tahrir Indonesia Perspektif Fiqh Siyasah Dusturiyah Nizam Ubaidillah; Nurul Syalafiyah
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v10i1.1451

Abstract

The dissolution of the mass organization Hizbut Tahrir Indonesia (HTI) by the Indonesian government in 2017 has generated significant discourse concerning its legal foundations and implications from the perspective of Fiqh Siyasah Dusturiyah (Islamic Constitutional Jurisprudence). This decision was enacted through Government Regulation in Lieu of Law (Perppu) Number 2 of 2017, which amended Law Number 17 of 2013 on Community Organizations. The government justified this action by asserting that HTI's activities were incompatible with the principles of Pancasila and the 1945 Constitution, and posed a potential threat to the unity and integrity of the Unitary State of the Republic of Indonesia (NKRI). From the lens of Fiqh Siyasah Dusturiyah, this measure can be interpreted as an initiative to safeguard public welfare (maslahah) and prevent harm (dar’u al-mafasid), aligning with Islamic political principles that emphasize the importance of national stability and security. Nevertheless, the dissolution has also ignited debates surrounding the protection of fundamental rights, particularly freedom of association and expression, within the framework of a democratic state governed by the rule of law. This tension highlights the complex interplay between state authority, constitutional principles, and the protection of civil liberties in a pluralistic society.
Implementasi Prinsip Al-Maslahah dalam Pelayanan Publik Berbasis Digital di Nganjuk: Perspektif Fiqh Siyasah Ahmad Suhaimi; Nurul Syalafiyah
Bahasa Indonesia Vol 10 No 2 (2025): Islamic Law: Jurnal Siyasah, September 2025
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v10i2.1831

Abstract

The background of digital transformation in public services is driven by societal demands for quick, easy, and transparent services. This shift must be evaluated not only from a technical efficiency standpoint but also through the lens of ethical and legal values, specifically the Islamic principle of Al-Maslahah. This study aims to analyze the implementation of digital-based public services in Nganjuk Regency through the perspective of the Al-Maslahah principle (which seeks to protect religion, life, intellect, progeny, and wealth) and the theory of Fiqh Siyasah (Islamic political policy). The research employs a qualitative approach with a case study method. Data was collected through in-depth interviews with Civil Servants (ASN) and service users, observation, and documentation studies of the Nganjuk Regency Government's digital service websites and applications. The findings indicate that service digitalization in Nganjuk aligns with the principle of Al-Maslahah, particularly in realizing maslahah mursalah (unrestricted public interest) to achieve public benefit (jalb al-mashalih), such as time and cost efficiency. However, challenges such as the digital divide and data security vulnerabilities were acknowledged, potentially leading to mafsadah (harm). In conclusion, this digitalization policy can substantially be categorized as Siyasah Syar'iyyah (Sharia-oriented policy), which is valid under Islamic law as long as it is oriented towards achieving public benefit and minimizing harm, as taught in Fiqh Siyasah.
Co-Authors Ahmad Suhaimi Nizam Ubaidillah