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All Journal Siyasah Wa Qanuniyah: Jurnal Ilmiah Ma'had Aly Raudhatul Ma'arif
Adzanah Mariska Salsabila
Sunan Gunung Djati State Islamic University Bandung
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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A Constructive Critique of The Politics of Islamic Criminal Law in A Constitutional State Adzanah Mariska Salsabila
Siyasah Wa Qanuniyah Vol 4 No 1 (2026): Siyasah Wa Qanuniyah
Publisher : Ma'had Aly Raudhatul Ma'arif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61842/swq/v4i1.57

Abstract

The tension between Islamic criminal law and the constitutional state has often been framed as a matter of normative compatibility rather than a problem of legal political paradigm. Public discourse tends to represent jināyah reductively as merely a symbol of punishment, thereby ignoring its ethical dimensions and protective purposes. This study aims to analyze how Islamic criminal law is positioned within the defensive logic of the constitutional state, while offering a reconstruction from the politics of formalization towards the substantialization of values. The method used is normative legal research with a conceptual and philosophical approach, through an analysis of the theory of the rule of law, legal politics, and the principles of maqāṣid al-syarī‘ah. The results of the study show that the main problem does not lie in the inherent conflict between jināyah and the constitution, but rather in the state's verificative and subordinative approach, as well as in the orientation of normative struggles that are trapped in legislative symbols. The novelty of this research lies in the shift of analysis from formalistic debate to substantive integration based on the values of protection and justice, while offering a dialogical framework that allows Islamic criminal law to transform into a source of public ethics that is constitutional, rational, and relevant to the development of national criminal law.
Reform of State Administrative Law from the Perspective of Fiqh Siyasah on Public Services to Achieve Good Governance in Indonesia Adzanah Mariska Salsabila
Siyasah Wa Qanuniyah Vol 3 No 2 (2025): Siyasah Wa Qanuniyah
Publisher : Ma'had Aly Raudhatul Ma'arif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61842/swq/v3i2.51

Abstract

Quality public services are a key pillar in realizing good governance. However, government administration practices in Indonesia still face various obstacles in implementing this principle. This study aims to analyze the urgency of reforming state administrative law from the perspective of fiqh siyasah (Islamic political jurisprudence) on public services in Indonesia. The method used is normative juridical research with a legislative, conceptual, and theological-normative approach, through a literature review of legal and fiqh siyasah literature. The results of the study indicate the need to integrate Islamic values such as justice (al-'adl), benefit (al-maslahah), and trustworthiness (amanah) in the delivery of public services in order to strengthen the principle of good governance. The novelty of this study lies in the combination of the modern state administrative law paradigm and fiqh siyasah, which provides a conceptual contribution to the renewal of the administrative law and public service systems in Indonesia.
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