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All Journal Ahsan : Jurnal Ilmiah Keislaman dan Kemasyarakatan
Noormala Santi
Institut Agama Islam Darul Ulum Kandangan
Religion Education Other

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Harmonisasi Produk Hukum Daerah dengan Prinsip-Prinsip Siyasah Dusturiyah dalam Pembentukan Peraturan Daerah di Indonesia Akhmad Hafi; Noormala Santi; Akhmad Zaki i Yaman
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol 3 No 1 (2026)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.v3i1.65

Abstract

Regional Regulations (Peraturan Daerah or Perda) are important legal instruments in the implementation of regional autonomy in Indonesia. However, in practice, some regional regulations are still found to conflict with higher laws and regulations, inadequately reflect public interests, and fail to fully incorporate the values of justice and public welfare. This condition highlights the importance of harmonizing regional regulations with the principles of Siyasah Dusturiyah, an Islamic constitutional concept that emphasizes justice (al-'adalah), deliberation (syura), public welfare (maslahah), equality (al-musawah), and trustworthiness (amanah). This study aims to analyze the process of regional regulation formation in Indonesia and examine its harmonization with the principles of Siyasah Dusturiyah. The research employs a normative legal research method using statutory and conceptual approaches. Legal materials were obtained from legislation, books, and relevant scholarly journal articles and were analyzed using a descriptive qualitative method. The findings indicate that the principles of Siyasah Dusturiyah are highly relevant to the formation of regional regulations in Indonesia. Such harmonization can be achieved through the application of justice, public welfare, deliberation, equality, and trustworthiness in every stage of the legislative process. The main challenges include regulatory overlap, inadequate legal harmonization, and limited public participation. Therefore, strengthening academic manuscripts, improving regional legislative oversight, and implementing the principles of Siyasah Dusturiyah in legal drafting are necessary to produce high-quality, just, and welfare-oriented regional regulations.
Imāmah dalam Islam: Kajian Historis dan Relevansinya terhadap Kepemimpinan Kontemporer Akhmad Hafi; Noormala Santi; Akhmad Zaki Yamani
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol 2 No 1 (2025)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.v2i1.33

Abstract

The concept of imamah in Islam plays a vital role in discussions of leadership, both in religious and political contexts. Following the death of the Prophet Muhammad (PBUH), the Muslim community faced the fundamental question of who should lead and how leadership should be exercised. Diverging views between Sunni and Shia schools of thought on imamah have produced various theological and historical interpretations. This article aims to examine the historical development of the concept of imamah in Islam and to explore the relevance of its core values to contemporary models of leadership. The study employs a qualitative approach using literature review methods, analyzing both primary classical sources and contemporary academic works. The findings reveal that, although imamah emerged in a different sociopolitical context, its foundational values—such as justice, knowledge, and moral responsibility—remain relevant in shaping ethical and integrity-based leadership today. It concludes that imamah is not merely a historical concept but can serve as a source of inspiration for modern leadership rooted in Islamic principles.
Relevansi Prinsip Siyasah Dusturriyah (Politik Ketatanegaraaan Islam) Terhadap Hierarki Peraturan Perundang-Undangan di Indonesia Akhmad Hafi; Noormala Santi; Akhmad Zaki Yamani
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.vi.66

Abstract

This study aims to examine the relevance of siyasah dusturiyyah principles (Islamic constitutional politics) to the hierarchy of legislation in Indonesia. Using a qualitative approach with a normative-philosophical analysis method, this research explores fundamental values such as syura (consultation), al-‘adl (justice), maslahah (public interest), and tha‘at li al-imam (obedience to legitimate authority), as well as their contribution to the formation of national law. The findings reveal a strong alignment between the principles of siyasah dusturiyyah and the fundamental norms of lawmaking as stipulated in Law No. 12 of 2011 in conjunction with Law No. 13 of 2022. The principle of syura is reflected in participatory legislative processes, al-‘adl in the enforcement of substantive justice, and maslahah in the orientation of law toward public benefit. The integration of these Islamic values strengthens the moral legitimacy of national law, promotes governmental transparency, and deepens the dimension of social justice. This study emphasizes that the contextual application of siyasah dusturiyyah can serve as an ethical foundation for Indonesia’s legal system—one that is democratic, just, and oriented toward the welfare of the people within a pluralistic state framework.
Hukuman Pidana Dalam Islam: Analisis Konseptual, Maqāṣid Asy-Syarī‘ah, Dan Relevansi Kontemporer Maulida Hasanah; Muna Hasanah; Noormala Santi; Lahmudinur
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.vi.68

Abstract

Islamic criminal law, or fiqh jinayah, plays a crucial role within the religious legal framework that governs social life. Its primary purpose is to safeguard the five fundamental principles of the Sharia, namely the protection of religion, life, intellect, lineage, and property. This study aims to analyze the foundational concepts of punishment in Islam, including the categories of hudud, qisas-diyat, and ta’zir, while also examining how these legal concepts relate to contemporary legal systems. The research gap addressed in this study lies in the limited comprehensive analyses that integrate the perspective of maqasid al-shariah with constitutional challenges and human rights issues in contemporary Islamic criminal law discourse, particularly within Indonesian scholarship over the past five years. Therefore, this research offers novelty through an interpretative approach that combines normative-theological principles with an analytical examination of modern legal regulations. The sources examined include the Qur’an, Hadith, classical fiqh works, as well as academic literature and recent studies published between 2020 and 2025. The data were analyzed using content analysis and analytical comparison techniques, while data validation employed source triangulation by comparing scriptural texts, classical juristic opinions, and contemporary research findings. The results show that the implementation of Islamic criminal law today faces various challenges, especially those related to constitutional frameworks, legal pluralism, and human rights concerns. However, through an approach grounded in maqasid al-shariah and the principle of proportionality, Islamic criminal law can be reinterpreted to remain relevant, humane, and aligned with substantive justice.
Co-Authors Akhmad Hafi Akhmad Zaki i Yaman Akhmad Zaki Yamani Lahmudinur Maulida Hasanah Muna Hasanah