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All Journal Asy-Syariah Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Mizan: Journal of Islamic Law
Abdul Fattaah
Universitas Islam Negeri Raden Mas Said Surakarta
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Epistemology of Ijtihad Irsyadi in Fatwas: A Deconstruction of Takhrij Mażhabi through Case Studies of the Lirboyo Fatwa Council Muhammad Ibtihajuddin; Abdul Fattaah; Moch. Nurcholis; Zakka Asvi Auful Shohi Muhammad
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 7 No. 2 November 2025
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v7i02.12412

Abstract

The rigidity of the takhrīj mażhabi methodology in pesantren fatwa traditions necessitates a new epistemological approach that is more responsive to contemporary realities. This study aims to explore ijtihād irsyādi as a methodological alternative that maintains continuity with classical tradition while enabling contextual creativity grounded in maqāṣid al-sharī’ah. Employing a qualitative-descriptive-analytical-exploratory approach and a case study method focused on the fatwas of the Lajnah Bahtsul Masail (LBM) Lirboyo from 2019 to 2024, the analysis reveals significant epistemological transformation in istinbath structures. Key findings demonstrate that ijtihād irsyadī prioritizes maslahat (public interest), referential flexibility, and social interpretation as legal foundations, replacing the deductive-formalistic patterns of madhhab-based takhrīj. This approach reinterprets classical authority through maqāṣid frameworks without negating its legitimacy, as evidenced in the 2023 BPJS Healthcare fatwa that teleologically reconstructs social insurance concepts via taḥrīr al-mafhūm (conceptual liberation), tanqīḥ al-manāṭ (ratio legis purification), and ta'līl maqāṣidī (teleological justification). The novelty lies in articulating an adaptive, integrative fatwa epistemology that proactively engages temporal dynamics, offering a reformative paradigm for Indonesian pesantren fatwa methodologies and a substantive contribution to renewing contemporary Islamic legal thought.
Reconstruction Of Asset Confiscation Through the Non-Conviction-Based Asset Forfeiture Reviewed In Maslahah Mursalah Khairatul Anisa; Abdul Fattaah
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.23752

Abstract

Abstract Efforts to eradicate corruption in Indonesia have so far been less than optimal because they have focused solely on prosecuting perpetrators and have paid insufficient attention to recovering losses to the state. The Non-Conviction-Based Asset Forfeiture (NCB) mechanism, as outlined in the draft asset forfeiture law, is a regulatory framework designed to facilitate the recovery of state funds and the eradication of corruption. The objectives of this study are, first, to explain the draft asset forfeiture law and its Non-Conviction-Based Asset Forfeiture mechanism. Second, to examine the public interest from the perspective of Islamic law regarding asset recovery through the Non-Conviction-Based Asset Forfeiture (NCB) mechanism and to analyze the implementation of NCB in countries that have adopted it, so that regulations in Indonesia do not focus solely on punishing perpetrators but also on recovering state financial losses, assess their public interest, and ensure they do not conflict with the values of Islamic law. The results of this study indicate that the application of NCB in the Asset Forfeiture Bill does not conflict with the concept of al-bara’ah al-ashliyyah (the presumption of innocence), does not pose a risk of violating human rights, and does not violate the principle of hifz mal. Keywords: Corruption; Non-Conviction Based Asset Forfeiture (NCB); benefit
Inconsistency of judicial verdicts in standardizing the threshold of noodweer exces: A review of criminal law and Islamic law Arsyaddefa Muhammad Fitra Irfani; Abdul Fattaah
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2327

Abstract

This study aims to examine the threshold between self-defense (noodweer) and excessive self-defense (noodweer exces) and its application in Indonesian judicial practice. Using a normative juridical approach through the analysis of selected court decisions, this research compares the regulation of noodweer exces under Indonesian Criminal Law, particularly Article 49 of the Criminal Code (KUHP), and Islamic Criminal Law through the doctrine of daf’u as-shā’il. In Indonesian Criminal Law, noodweer exces eliminates criminal liability when excessive defensive actions are directly caused by severe emotional disturbance (hevige gemoedsbeweging). In contrast, Islamic Criminal Law maintains moral and legal accountability once the limits of proportionality are exceeded, despite the presence of emotional pressure. The findings reveal significant inconsistencies in judicial decisions, particularly in judges’ assessments of proportionality and severe emotional disturbance, resulting in divergent legal outcomes in comparable self-defense cases. This study concludes that such inconsistencies do not stem from the absence of legal norms, but from the lack of objective and uniform standards in determining the threshold of excessive self-defense. Accordingly, this research offers a comparative normative framework to support more consistent and objective judicial reasoning in future self-defense cases.
Implementing Restorative Justice in Criminal Case Resolution: A Socio-Legal Research Fery Dona; Evi Ariyani; Junaidi Junaidi; Luthfiana Zahriani; Abdul Fattaah
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 10 No. 1 (2025): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v10i1.10263

Abstract

This socio-legal research investigates the accountability of criminal offenders and explores the implementation of restorative justice as an alternative framework for resolving criminal cases. Restorative justice, an emerging paradigm in the legal domain, prioritizes reconciliation and resolution over traditional punitive approaches. Law enforcement agencies, particularly the police and prosecutors, are pivotal to its application. This study aims to evaluate the practice of restorative justice in criminal case resolutions at the Sukoharjo Police Department and the Sukoharjo Prosecutor's Office. Adopting an empirical legal research methodology, data collection involved primary and secondary sources through interviews and document analysis. The qualitative data were analyzed using an interactive model to identify patterns and derive insights. The findings reveal that both the Sukoharjo Police and the Prosecutor's Office have incorporated restorative justice within their legal frameworks, albeit with notable differences in legal foundations and procedural approaches. The Sukoharjo Police exhibited a higher frequency of employing restorative justice compared to the Prosecutor's Office, indicating variability in institutional adoption and execution. These findings illuminate the diverse practices and challenges associated with integrating restorative justice into Indonesia's legal system. The study underscores the approach’s potential to enhance justice administration while identifying critical areas for institutional improvement and policy refinement.
Co-Authors Arsyaddefa Muhammad Fitra Irfani Evi Ariyani Fery Dona Junaidi Junaidi Khairatul Anisa Luthfiana Zahriani Moch. Nurcholis Muhammad Ibtihajuddin Zakka Asvi Auful Shohi Muhammad