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All Journal El-HARAKAH : Jurnal Budaya Islam AL-Daulah Al Ahkam El-Usrah: Jurnal Hukum Keluarga Siyasatuna Jurnal Ilmiyah Mahasiswa Siyasah Syariyyah Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Madani: Multidisciplinary Scientific Journal Journal of Nafaqah
Mustafa, Zulhas'ari
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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DIALEKTIKA AKAL DAN WAHYU DALAM PEMBENTUKAN FATWA SERTA REGULASI LINGKUNGAN DI INDONESIA Attas, Nasrah Hasmiati; Kurniati, Kurniati; Mustafa, Zulhas'ari
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 7 No 2 (2025): Volume 7, Nomor 2, Desember 2025
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v7i2.9935

Abstract

The escalating complexity of environmental degradation has prompted various normative approaches, including those informed by Islamic thought. This article explores the dialectical relationship between reason (‘aql) and revelation (wahy) in the formulation of environmental fatwas and legal regulations in Indonesia. It further examines the extent to which the localization (pembumian) of Islamic values reflects epistemological harmony or tension between these two foundational sources. Employing a literature-based qualitative method, the study analyzes selected fatwas issued by the Indonesian Council of Ulama (MUI), national environmental legislation, and key Islamic scholarly works. The findings reveal that environmental fatwas are shaped not only by normative scriptural texts but also by rational responses to empirical ecological challenges. In parallel, state regulations—though secular in structure—frequently resonate with Islamic ethical principles, particularly those within the framework of maqāṣid al-sharī‘ah. This convergence suggests that reason and revelation can operate complementarily rather than in opposition. However, institutional and epistemological gaps remain, especially in integrating religious moral authority with actionable public policy. Strengthening interdisciplinary collaboration between religious scholars, academics, and policymakers is therefore essential for the advancement of a contextually grounded Islamic environmental jurisprudence.
The Implementation of Justice (al-Adl and al-Qisth) in Court Decisions from a Historical–Juridical Perspective Lidinirrahman, Muh Saad Said; Talli, Abdul Halim; Mustafa, Zulhas'ari
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18137218

Abstract

This article examines the implementation of justice in court decisions from a historical–juridical perspective by analyzing the interrelationship between Islamic law, national law, and international human rights instruments. Justice in the judicial process is understood as a fundamental principle that must be realized from the investigation stage to the execution of court decisions. This study employs a qualitative method with normative-historical and juridical approaches through an analysis of Qur’anic verses, Hadith, the views of classical and contemporary Islamic jurists, as well as statutory regulations and international human rights documents. The findings indicate that Islamic law had established the principles of a fair trial long before the concept was formally recognized in modern legal systems. These principles include legality, the presumption of innocence, judicial independence and impartiality, open court proceedings, equality of the parties, the right to legal representation, the prohibition of undue delay, the right to remain silent, and the prohibition of torture. These principles are consistent with the provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Therefore, the concept of justice in Islamic law has strong relevance to modern judicial systems and can serve as an ethical and juridical foundation for realizing justice that upholds human dignity.
Co-Authors Abbas, Rahmawati Abdul Halim Talli Aditya Mahendra Akmal, Andi Muhammad Asrudi Asti, Mulham Jaki HERNIWATI HERNIWATI, HERNIWATI Husnul Khatimah Iqbal, Nabiha Amaliah Jamil Kurniati Kurniati La Ode Ismail Ahmad, La Ode Ismail Lidinirrahman, Muh Saad Said MMSI Irfan ,S. Kom Mundzir, Chaerul Nasrah Hasmiati Attas Ramadhani, Herlina Rian Hidayat Ridwan, Mir'atul Mar'ah Syatar, Abdul