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All Journal Golden Ratio of Mapping Idea and Literature Format Majapahit Journal of Islamic Finance and Management Scientific Development Journal
Situmorang, Jubair
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Analysis of Islamic Law Sources on Positive Law in Handling Cases of Domestic Violence at the Ternate Police Masri, Rahman; Situmorang, Jubair; Alimuddin, Harwis
Majapahit Journal of Islamic Finance and Management Vol. 5 No. 1 (2025): Islamic Finance and Management
Publisher : Department of Sharia Economics Institut Pesantren KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/mjifm.v5i1.381

Abstract

This study aims to analyze the integration between Islamic law and positive law in handling Domestic Violence (KDRT) cases at Ternate Police Department. The background of the research is based on the high number of domestic violence cases in Ternate and the need for a legal approach adaptive to the local socio-religious context. The research problem focuses on how the integration between these two legal systems is applied in practice. This study employs empirical legal research methods with juridical-empirical, normative, sociological, and philosophical approaches. Data collection techniques include interviews, observation, documentation, and literature review. The findings reveal that the Ternate Police Department implements a hybrid justice approach, combining positive law enforcement and settlement based on Islamic islah values. This approach demonstrates efforts to adapt national law to the social realities of Ternate society without neglecting the protection of victims' rights. The main obstacles are cultural patriarchal pressure and the victims’ economic dependency; however, collaboration with social institutions strengthens the effectiveness of case handling. This study concludes that the integration of Islamic law and positive law in Ternate can serve as an alternative model for addressing domestic violence in culturally religious regions.
The Transformation of Islamic Democracy in the Digital Era: A Critical Study on the Role of Ulama in the Virtual Public Sphere Situmorang, Jubair
Side: Scientific Development Journal Vol. 2 No. 4 (2025): Side: Scientific Development Journal
Publisher : Arbain Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/0ewjhr36

Abstract

The advent of the digital era has brought transformative changes across various sectors of society, including politics, religion, and culture. One of the most significant developments in this context is the transformation of Islamic democracy, particularly the evolving role of ulama (Islamic scholars) in shaping political discourse in the virtual public sphere. This study critically examines how Islamic democracy is being redefined in the digital age, with a specific focus on the participation of ulama in online platforms and their influence on public opinion and political engagement among Muslim communities. The research delves into the ways in which social media, digital forums, and online discourse provide a space for ulama to engage with a broader audience, facilitating the dissemination of Islamic political thought and contributing to democratic practices within Muslim societies. The study employs a qualitative approach, analyzing both primary data, such as interviews with ulama and key stakeholders, and secondary sources, including digital content, scholarly articles, and political discourse. It explores how the ulama have adapted to the digital landscape, balancing traditional interpretations of Islam with the dynamic and interactive nature of online communication. By doing so, the paper addresses critical questions about the potential of the virtual public sphere in promoting or hindering democratic values within Islamic societies, examining the balance between religious authority and democratic participation. The findings highlight the significant role of ulama in shaping public opinion, guiding political discourse, and fostering civic engagement in the digital realm. It also reveals the challenges and opportunities faced by Islamic scholars in navigating the complexities of digital communication while maintaining their religious legitimacy. Furthermore, the study discusses the implications of these transformations for the future of Islamic democracy and the role of ulama in influencing political decision-making in the digital age. This research contributes to the broader understanding of the intersection between religion, politics, and digital media, offering insights into the evolving nature of Islamic democracy in the 21st century.
The Concept of Maqasid al-Syari'ah in the Interpretation of Legal Verses: A Comparative Study of Tafsir al-Qurthubi and Tafsir al-Misbah Wardah, Muhammad; Situmorang, Jubair
Golden Ratio of Mapping Idea and Literature Format Vol. 5 No. 2 (2025): February - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grmilf.v5i2.1673

Abstract

This study discusses the maqāṣid al-syarī'ah approach in interpreting the verses of the Qur'an with a focus on two monumental tafsir books, namely Tafsir al-Qurṭubī and Tafsir al-Miṣbāḥ by M. Quraish Shihab. The background of this study is based on the need to understand how the exegetes apply the principles of maqāṣid al-syarī'ah in contextualizing legal verses. With a content analysis approach, the qualitative research method uses a comparative study of the two tafsirs. The results show that Tafsir al-Qurṭubī tends to emphasize the normative-classical approach with a focus on legal derivation (istinbāṭ al-aḥkām) according to the fiqh tradition. At the same time, Tafsir al-Miṣbāḥ prioritizes a contextual approach and benefit value. This methodological difference indicates a dialectic between the classical exegetical heritage and the needs of contemporary society. This research contributes to developing maqāṣid-based exegesis that integrates tradition and contemporary reality.
Co-Authors Alimuddin, Harwis Masri, Rahman Wardah, Muhammad