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Tinjauan Fiqih Siyasah Terhadap Keputusan Walikota Medan No. 800/613k tentang Pemberhentian Aparatur Sipil Negara Zaini, Muhammad Fahru; Sari, Seva Maya
MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial Vol 9, No 1 (2025)
Publisher : Prodi Pendidikan Sejarah Fakultas Keguruan dan Ilmu Pendidikan Universitas Islam Sumatera

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/mkd.v9i1.11416

Abstract

This study examines the Mayor of Medan’s Decree No. 800/613k regarding the dismissal of a civil servant (ASN) named Wan Muhammad Rizki, through the lens of fiqh siyasah (Islamic political jurisprudence). The decision was based on a criminal conviction that had reached legal finality in 2014, despite the fact that the individual had served his sentence, resumed his duties in 2015, and received several performance awards until 2018. The central issue in this research is the extent to which the dismissal aligns with the principles of justice, public interest (maslahah), and proportionality as outlined in fiqh siyasah. This study employs a qualitative method with a normative-juridical approach and descriptive analysis. The findings indicate that the dismissal may overlook the principles of rehabilitation and substantive justice recognized within fiqh siyasah, as it fails to consider the individual’s post-conviction contributions and positive professional record. The study concludes by emphasizing the importance of integrating positive legal norms with the ethical framework of Islamic leadership in public policymaking, particularly when dealing with individuals who have undergone penal processes and demonstrated moral recovery and professional competence.
Public Awareness and Legal Compliance with the Implementation of Public Order Policies in Bagan Batu, Rokan Hilir: A Syariah Law Perspective Nasution, Putri Ramadayanti; Sari, Seva Maya
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1396

Abstract

This study examines the legal awareness and compliance of the public regarding public order policies in Bagan Batu, Rokan Hilir, based on Regional Regulation No. 3 of 2014, using a juridical-empirical legal approach and the perspective of siyasah syar'iyah. The findings indicate that public legal awareness remains pragmatic and has not been fully internalized into consistent legal behavior. Violations committed by street vendors are largely driven by economic hardship, institutional weaknesses, and the absence of viable relocation alternatives. The author critically argues that policies lacking justice and public benefit fail to gain social legitimacy. From the perspective of siyasah syar'iyah, legal obedience must be built on the principles of justice ('adl), public interest (maslahah), and participatory governance (sh?r?). Qur'an Surah An-Nisa (4):59 and Imam al-Mawardi's views assert that obedience to government is conditional upon the fairness and benefit of its policies. Therefore, strengthening legal awareness requires institutional reform, legal education, and the formulation of just and inclusive policies based on Islamic ethical governance