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All Journal al-Afkar, Journal For Islamic Studies Jurnal Kajian Islam dan Sosial Keagamaan
Muh. Syahril Sabirin
Universitas Islam Negeri Alauddin Makassar
Religion Humanities Education Social Sciences

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Tinjauan Umum Aliran Khawarij, Murji’ah, Jabariyah dan Qadariyah Muh. Syahril Sabirin; Usman Jafar; Nurlaelah Abbas
Jurnal Kajian Islam dan Sosial Keagamaan Vol. 3 No. 3 (2026): Januari - Maret
Publisher : CV. ITTC INDONESIA

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Abstract

The death of the Prophet Muhammad (peace be upon him) gave rise to political and theological dynamics within the Muslim community. The conflicts during the period of the Rightly Guided Caliphs, particularly following the arbitration (tahkim) between Ali ibn Abi Talib and Muawiyah ibn Abi Sufyan, resulted not only in political fragmentation but also in the emergence of various theological schools in Islam. This study aims to examine the historical background and main doctrines of the Khawarij, Murji’ah, Jabariyah, and Qadariyah, especially concerning issues of faith, major sins, and divine decree (qada and qadar). This research employs a qualitative-descriptive method with a library research approach by analyzing relevant books, journals, and scholarly articles. The findings indicate that the Khawarij and Murji’ah emerged as responses to political conflict, while the Jabariyah and Qadariyah developed due to differing interpretations of human will and freedom within God’s decree.
Judicial Activism Approach of Religious Court Judges in the Perspective of Maqashid al-Shariah Muh. Syahril Sabirin; Kurniati Kurniati; Zulhas’ari Mustafa
al-Afkar, Journal For Islamic Studies Vol. 9 No. 3 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i3.3589

Abstract

This study aims to analyze the application of judicial activism by Religious Court judges from the perspective of maqashid al-shariah and its implications for the realization of substantive justice. This research employs a normative legal method with a library research approach. The data were collected from primary, secondary, and tertiary legal materials, including legislation, court decisions, jurisprudence, books, and relevant scholarly journals. Data were analyzed using a descriptive-qualitative method. The findings indicate that judicial activism provides judges with the opportunity not only to apply written legal norms but also to actively explore and uphold the values of justice that exist within society. This approach is highly relevant to maqashid al-shariah because both are oriented toward promoting public welfare (maslahah), protecting rights, and preventing harm. The implementation of judicial activism is reflected in judicial decisions where judges exercise ex officio authority to protect the rights of vulnerable parties, even when such claims are not explicitly requested in the petition. Consequently, judges are able to realize substantive justice that is more responsive, humane, and oriented toward safeguarding the rights of litigants in accordance with the objectives of Islamic law and the evolving needs of society.
Co-Authors Kurniati Nurlaelah Abbas Usman Jafar Zulhas’ari Mustafa