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All Journal Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Jurnal Al Tasyri'iyyah
rahmatunnair
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL LEGITIMACY IN VILLAGE GOVERNANCE: THE DIALECTIC OF STATE LAW, ISLAMIC LAW, AND PANGNGADERRENG FROM THE PERSPECTIVE OF ISLAMIC PHILOSOPHY OF LAW IN BONE REGENCY rahmatunnair
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 13 No 1 (2026)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

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Abstract

Legal legitimacy in village governance is not determined solely by compliance with statutory regulations. It is also shaped by religious acceptance and socio-cultural recognition. In Bone Regency, the interaction between state law, Islamic law, and Pangngaderreng illustrates how multiple normative sources influence community perceptions of village government decisions. This study examines the construction of legal legitimacy in village governance and analyzes the role of deliberation in connecting these three dimensions. It employs an empirical legal approach with qualitative analysis. The data consist of responses from 20 informants representing 15 villages or localities in Bone Regency, including village officials, religious leaders, customary leaders, community figures, and members of the general public. The data were analyzed through four themes: state legality, religious legitimacy, socio-cultural legitimacy, and deliberation. The findings indicate that legal legitimacy is constructed through the complementary relationship between compliance with state law, conformity with Islamic values, and social acceptance grounded in Pangngaderreng. Islamic law appears to exert strong normative influence, while Pangngaderreng maintains social propriety and community recognition. Deliberation functions as a forum for negotiating and connecting these sources of legitimacy. Nevertheless, deliberation does not automatically guarantee justice, as it may remain vulnerable to elite domination and unequal representation. This study proposes the concept of Tripartite Legal Legitimacy, a framework connecting legal, religious, and socio-cultural dimensions through deliberative mechanisms
Melampaui Literalisme Teks: Tafsir Hukum Islam dan Moderasi Keagamaan di Kalangan Generasi Muda Nahdlatul Ulama di Kabupaten Bone Rahmatunnair
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.74349

Abstract

Radical religious narratives are often reinforced by literalist and decontextualized interpretations of Islamic texts that overlook their historical circumstances and the broader objectives of Islamic law (maqāṣid al-sharī‘ah). This study examines how young Nahdlatul Ulama (NU) activists in Bone Regency, South Sulawesi, construct religious understandings of radicalism and promote contextual approaches to Islamic interpretation. Employing a qualitative socio-legal approach, the research draws on in-depth interviews with young NU leaders affiliated with NU autonomous organizations, observations of religious study sessions, and documentary analysis of official NU publications. The data were analyzed through thematic analysis, supported by normative examination of relevant principles of Islamic jurisprudence (uṣūl al-fiqh). The findings indicate that NU youth understand radicalism as a manifestation of religious extremism (al-taṭarruf al-dīnī), which may be associated with rigid textual interpretations, political frustration, and crises of religious identity. In response, they develop contextual interpretations of religious texts, particularly verses frequently invoked to legitimize violence. Their interpretive strategies draw on uṣūl al-fiqh principles, including al-amr ba‘da al-nahy li al-ibāḥah, to distinguish context-dependent religious commands from universal normative obligations. This approach positions religious moderation not merely as an ideological commitment but also as a form of Islamic legal reasoning grounded in contextual interpretation and the pursuit of public welfare. This study contributes to Islamic legal studies and socio-legal scholarship by demonstrating how localized youth-led religious engagement can challenge extremist narratives and strengthen contextual approaches to Islamic legal understanding within Muslim communities in Indonesia.
Bicara in the Pangadereng System: A Philosophical Analysis of Criminal Dispute Resolution in Bugis Society from the Perspective of Islamic Criminal Law Rahmatunnair
Jurnal Al Tasyri'iyyah Vol 6 No 1 (2026): VOLUME 6 ISSUE 1, JUNE 2026
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.v6i1.74373

Abstract

This study aims to analyze the existence of bicara within the Pangadereng system of Bugis society and its relevance to criminal dispute resolution from the perspective of Islamic criminal law. This study employs a qualitative approach using library research through an examination of literature on Bugis customary law, Pangadereng, and the principles of Islamic criminal law. The data are analyzed through data reduction, data presentation, verification, and conclusion drawing. The findings reveal that bicara is a normative institution that plays a significant role in resolving disputes by emphasizing deliberation, justice, propriety, accountability, reconciliation, and the restoration of social relationships. These values have philosophical relevance to the principles of al-‘adl, al-ṣulḥ, al-maṣlaḥah, al-mas’ūliyyah, and al-‘afw in Islamic criminal law. This study argues that bicara has the potential to serve as a conceptual foundation for developing an integrative justice model that connects customary law, Islamic criminal law, and national law in a proportionate manner.
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