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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Istiqro' Al-Qalam Jurnal Review Pendidikan dan Pengajaran (JRPP) Jurnal Ilmu Manajemen Profitability International Journal of Health, Economics, and Social Sciences (IJHESS) Jurnal Ar-Ribh Jurnal Al-Kharaj: Studi Ekonomi Syariah, Muamalah, dan Hukum Ekonomi Sighat : Jurnal Hukum Ekonomi Syariah Paradoks : Jurnal Ilmu Ekonomi Indo-Fintech Intellectuals: Journal of Economics and Business
Suarning, Suarning
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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THE RELEVANCE AND APPLICATION OF QISAS IN CONTEMPORARY CONTEXTS: A QUR’AN PERSPECTIVE Suarning, Suarning; Haq, Islamul; Fikri, Fikri; Aminah, St.; Resi, Resi; Ar, Zulfahmi
Al-Qalam Vol. 31 No. 2 (2025): Jurnal Al Qalam
Publisher : Balai Penelitian dan Pengembangan Agama Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31969/alq.v31i2.1658

Abstract

The concept of qisas punishment in the Holy Qur’an remains a focal point of scholarly debate in the modern era, particularly regarding its implementation within contemporary Islamic legal systems and its compatibility with international human rights standards. This study examines the enduring relevance of qisas in modern Sharia and investigates how its application can be harmonized with the principles of social justice, equality, and universal human values. Utilizing a qualitative approach and a case study method, this research explores classical Islamic legal sources, historical contexts, contemporary scholarly interpretations, and comparative practices of qisas enforcement across Muslim-majority countries. The findings reveal considerable diversity in the interpretation and implementation of qisas. While some countries maintain a retributive framework emphasizing proportional justice and legal uniformity, others adopt restorative models that prioritize reconciliation, forgiveness, and communal harmony. The study argues that qisas retains its relevance when understood within an adaptive and dynamic Islamic legal framework responsive to contemporary legal developments and evolving ethical norms. By situating qisas within broader discourses of restorative justice and human dignity, this research contributes to ongoing discussions on Islamic legal reform and underscores the potential of qisas to function as a humane, progressive, and socially responsive component of justice systems in the modern world.
TINJAUAN PRINSIP ‘ADALAH TERHADAP KONTESTASI PASAR TRADISIONAL DENGAN PASAR MODERN DI BARANTI KAB. SIDENRENG RAPPANG Hatta, Ulya; Damirah, Damirah; Suarning, Suarning; Muliati, Muliati; Bahri, Andi
Jurnal Al-Kharaj: Studi Ekonomi Syariah, Muamalah, dan Hukum Ekonomi Vol. 6 No. 1 (2026): Januari-Juni 2026
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/alkharaj.v6i1.9852

Abstract

Market contestation refers to the competition between traditional and modern markets in Baranti to attract consumers. This study aims to understand the reality of market contestation and the application of the ‘adalah principle in market competition. The research method used is qualitative descriptive, with field research as the primary approach. Data sources include primary and secondary data. Data analysis techniques include data presentation, data reduction, and conclusion drawing. The findings of this study are: (1) The competition between traditional and modern markets in Baranti, Sidenreng Rappang Regency is influenced by the existence of both market types, competition, and socio-cultural impacts. Although modern markets offer more comfort, traditional markets remain vital to the local community. Both markets can complement each other and provide significant benefits to Baranti residents if managed properly. (2) Markets in Baranti implement the ‘adalah principle in competition through three ways: enforcing fair pricing, avoiding uncertainty (gharar), and promoting ethical trading freedom. (3) The analysis of the ‘adalah principle can be realized by applying principles of transparency, objectivity, and accountability
Family Sustainability in Child Sexual Violence Cases: Exploring Judges' Thinking in Gender-Based Crimes in South Sulawesi Saidah, Saidah; Said, Zainal; Suarning, Suarning; Afiah, Nur; Rukiah, Rukiah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 1 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v10.i1.32068

Abstract

The family is the smallest entity that plays a crucial role in the social structure of society. This article aims to examine the sustainability of the family in cases of child sexual violence in relation to the thinking of judges in gender-based crimes in religious courts in South Sulawesi. This study is an empirical legal study using the theory of power inequality and gender relations, feminist criminology theory, and law enforcement theory. Data were collected based on interviews and literature studies. The research findings reveal that judges prioritize the protection of children who are victims of sexual crimes, emphasizing the importance of ensuring a fair legal process that considers the physical and psychological well-being of girls who are victims of sexual violence. Sexual violence is a gender-based crime that primarily affects girls, influenced by derogatory perceptions of women and by abuse of power by perpetrators, including parents. The family institution plays a crucial role in protecting the rights of children, especially girls, from sexual crimes. This responsibility includes strict prosecution of perpetrators of sexual crimes, providing support and rehabilitation services for victims, and education on the recognition and prevention of sexual crimes. Theoretically and practically, judges have carried out legal prevention in cases of sexual crimes against girls by considering various factors, namely legal, moral, and social aspects. Judges give top priority to protecting child victims and taking preventive measures.
Co-Authors Andi Bahri, Andi AR, Zulfahmi ARIS ARIS, ARIS Ayu, Sinar Bahri. S, Andi DAMIRAH DAMIRAH, DAMIRAH Fikri Fikri Firman Firman Hatta, Ulya Husaema, Anna Husnul Khatimah Idris, Mahsyar Islamul Haq Kaharuddin Kamal Zubair, Muhammad Mahsyar, Mahsyar Muhammad Kamal Zubair, Muhammad Kamal Muliati Muliati, Muliati Muzdalifah Muhammadun, Muzdalifah Nawir, Ahmad Nur Afiah, Nur Nurhamida, Nurhamida Pikahulan, Rustam Magun Rachman, Mawaddah Resi, Resi Rukiah Rukiah S, Andi Bahri Safitri, Mustika Ayu Saidah Saidah St. Aminah Sudirman L, Sudirman Syahriyah Semaun, Syahriyah Syam, Nuradillah Wisnu Wardana, Wisnu Zainal Said