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All Journal El-Ghiroh : Jurnal Studi Keislaman Hutanasyah : Jurnal Hukum Tata Negara
Alexander, Ongky
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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The Concept Of The State From The Fiqh Siyasah Perspective Alexander, Ongky; Fauzi, Muhamad; Kuswoyo, Bahed Edi; Yani, Ahmad; Nasri, Halik; Siswoyo, Siswoyo
El-Ghiroh : Jurnal Studi Keislaman Vol. 23 No. 1 (2025): Maret
Publisher : Sekolah Tinggi Agama Islam (STAI) Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/el-ghiroh.v23i1.1106

Abstract

The siyasa approach in understanding the concept of the state offers a comprehensive paradigm, with spiritual and moral dimensions as the main foundation. In this perspective, the state is not just a political entity, but a divine mandate that must be carried out to realize noble goals: upholding justice ('adl) and safeguarding the benefit of the people (maslahah). This article explores the essence, functions and characteristics of an ideal state according to siyasah fiqh, which includes implementing sharia fairly, protecting individual and collective rights, strengthening social justice, and realizing the unity of the people in diversity. By exploring the thoughts of classical scholars such as Al-Mawardi and Ibn Khaldun, this article not only offers historical reflections, but also examines the relevance of the concept of siyasa in facing modern challenges. The dynamics of globalization, secularization and the hegemony of the Western political system are major tests in the application of siyasa values. This research uses a literature study methodology as the main method. For data collection methods from various literature, this study also involves comparative analysis between traditional theories and modern political reality. The conclusion of this study confirms that although the modern world presents new complexities, spiritual and moral values ??in siyasah remain relevant. Therefore, creative and innovative strategies are needed to transform these values ??so that they can be applied effectively in today's global context.
Pandangan Majelis Ulama Indonesia KotaLubuklinggau Tentang Kriminalisasi Terhadap Ulama Dalam Perspektif Yuridis Sosiologis Priyadi; Alexander, Ongky; Anwar, Syaiful; Edi Nepri, Johan
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 2 (2026): Februari
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i2.1536

Abstract

The criminalization of ulama has become an issue of serious concern from the perspectives of constitutional law and the socio-religious life of society. This phenomenon is not only related to law enforcement but also concerns the protection of citizens’ constitutional rights, freedom of religion, and social stability. In practice, legal actions against ulama often raise debates regarding the boundary between objective law enforcement and the potential abuse of authority that may lead to criminalization. This study aims to analyze the views of the Indonesian Ulema Council (Majelis Ulama Indonesia/MUI) of Lubuklinggau City regarding the criminalization of ulama from a juridical-sociological perspective. The research method employed is empirical legal research with a juridical-sociological approach. Data were collected through interviews, observations, and documentation studies of relevant laws and regulations, particularly Law Number 16 of 2017 concerning Community Organizations. The findings indicate that the MUI of Lubuklinggau City emphasizes the importance of fair, transparent, and non-discriminatory law enforcement for all citizens, including ulama. Furthermore, from a sociological perspective, the criminalization of ulama has the potential to create social unrest, reduce public trust in religious leaders, and disrupt social harmony in community and state life.
Co-Authors ahmad yani Edi Nepri, Johan Kuswoyo, Bahed Edi Muhamad Fauzi Nasri, Halik Priyadi Priyadi Siswoyo Siswoyo Syaiful Anwar