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All Journal Jurnal Ilmiah Al-Syir'ah Jurnal Supremasi
Qurrotul Uyun
UIN Kiai Haji Achmad Siddiq Jember
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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DISKRIMINASI HUKUM DALAM PRINSIP KESETARAAN DI HADAPAN HUKUM BAGI KELOMPOK MINORITAS Qurrotul Uyun; Nur Ika Mauliyah
Jurnal Supremasi Vol 16 No 1 (2026): Volume 16 Nomor 1 Tahun 2026
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v16i1.5581

Abstract

The principle of equality before the law is one of the main pillars of the rule of law, guaranteeing equal treatment for all citizens without discrimination. However, in practice, this principle is often not optimally implemented, especially for minority groups who are in vulnerable social, political, and legal positions. This article analyzes the forms of legal discrimination experienced by minority groups in the application of the principle of equality before the law and identifies the factors that cause this inequality. This study uses a normative legal research method with a legislative, conceptual, and case-based approach. The results show that legal discrimination against minority groups occurs in both the substance of the law, the structure of law enforcement, and the legal culture of society. Factors such as bias among law enforcement officials, weaknesses in legal protection, and the influence of social stigma and identity politics are the main obstacles to the realization of substantive legal equality. This article argues that the principle of equality before the law is not sufficient in itself; it must be realized through a substantive approach that protects human rights and ensures justice for minority groups.
Partnership Formation Within Fiqh Muamalah of Toleration: Religious Residential Segregation in Muslim Minority Communities in France Wildani Hefni; M. Khusna Amal; Qurrotul Uyun; Umar Chamdan
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.4097

Abstract

This study examines how Muslim minorities in Paris, France, negotiate religious identity and civic belonging through partnership formation, drawing on fiqh al-aqalliyyat as a normative and adaptive legal framework. This study aims to identify how the Muslim minority shaped partnership formation through the principles of fiqh of muamalah in a complex context, within the constraints of French laicite and its strategy to secure religious practice and social participation. Based on qualitative in-depth interviews and drawing on secondary ethnographic research and textual examination of Islamic legal discourse, the study demonstrates that the Muslim minority in France negotiates a hybrid identity that reconciles Islamic ethical commitments with local communities within fiqh al-aqalliyyat. It’s driven by the challenges of being a minority in partnership formation, thus becoming both a survival strategy and a site of theological reinterpretation. This article argues that partnership formation operates as both an outcome of Islamic legal adaptation and a mechanism of identity negotiation, producing hybrid forms of Muslim citizenship that remain structurally constrained by securitization and socio-spatial marginalization. The partnership is embodied in the principle of maslahah, which is the most frequently invoked interpretive tool in minority jurisprudence. In line with this, this article contributes to global Muslim minority legal studies by showing how fiqh muamalah and fiqh al-aqalliyyat operate not only as normative doctrines but also as social mechanisms for negotiating partnership, dignity, and civic belonging in secular urban contexts.
Co-Authors M. Khusna Amal Nur Ika Mauliyah Umar Chamdan Wildani Hefni