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Perspective of Islamic Law and Ulama Polemics about Women Judges (Gender Analysis and Moderation of Fiqh) Kholiq, Achmad; Zein, Achyar; Haerany, Anne
Jurnal Legisci Vol 1 No 6 (2024): Vol 1 No 6 June 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i6.314

This study aims to investigate and debate the validity of women's opinions founded on the normative Islamic viewpoint known as fiqh. This research endeavor endeavors to scrutinize the arguments of various ulama, or Muslim scholars, concerning female judges while maintaining a foundation in fiqh, the body of Islamic law. This study's technique combines focus group discussions (FGD) and content analysis with qualitative approaches. FGD is held with numerous lecturers and specialists in Islamic law at the Faculty of Sharia and Law at Institut Agama Islam Negeri Syekh Nurjati Cirebon. The study's conclusions, which come from at least three well-known ulama or Muslim scholars, indicate that the debate among fiqh experts on the standing of women judges was affected by several factors.

Social Benefit System During the Government Omar ibn Khattab Eka Hardana, Nugraha; Kholiq, Achmad
Jurnal Legisci Vol 1 No 1 (2023): Vol 1 No 1 Agustus 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i1.16

Human behavior is altered by the progress of civilization. It includes elements from the fields of language, art, science, and religion. In the course of this process, civilization develops gradually over a long period of time. During the rule of Caliph Umar Ibn Khattab, one of the greatest civilizations, particularly in the post-Prophet Muhammad era, took place. Utilizing a qualitative descriptive methodology, this study collected data through a literature review. The welfare system under Umar Ibn Khattab's administration is examined in the paper. The results of the literature review show that Umar Ibn Khattab continued the policies started by Abu Bakr and made adjustments to meet the demands of society during his rule as caliph. During Umar Ibn Khattab's leadership, ghanimah (war spoils), usyur (customs duty), kharaj (land tax), jizyah (poll tax), zakat (alms), and other irregular earnings were used to increase social welfare. All of these sources of income were controlled by the Baitulmal system (public treasury). Based on each person's job and the requirements of the community, Umar dispersed social benefits. In order to build a strong human resource base for Islam, Caliph Umar made social investments to safeguard the welfare of children as well. This was done by helping infants until they were old enough to take care of themselves.

An Ethical and Legal Approach to Student Smoking Behavior in the Context of Education and Family Responsibility Anwar, Ahmad Faridz; Apriana, Adistia Lulu; Kholiq, Achmad; Marzuban, Robith
Strata Social and Humanities Studies Vol. 3 No. 1 (2025): April
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/sshs.v3i1.266

This research examines the ethical and legal framework for addressing student smoking in Indonesia, highlighting the roles of education and family. Influencing factors include internal aspects like curiosity and peer pressure, as well as external elements such as easy cigarette access and aggressive marketing. Using a qualitative descriptive approach and literature study, data were analyzed through content analysis to explore themes of smoking behavior, educational ethics, family responsibility, and tobacco regulation. The research draws on moral education theory and legal perspectives on tobacco control. Findings indicate that integrating moral education into school curricula increases student awareness of smoking risks. Likewise, positive parental role modeling and communication influence children’s attitudes toward smoking. Legally, strict enforcement of sales bans to minors and regulation of tobacco advertising are vital. The study concludes that combating student smoking requires collaboration among government, schools, and families. A holistic approach combining ethical education with legal enforcement is key to cultivating a smoke-free younger generation.

Reconstruction Interfaith Marriage Law in Indonesia: Relevance of Sociology Knowledge and Maqasid Sharia Ibnudin, Ibnudin; Sugianto, Sugianto; Kholiq, Achmad; Aziz, Abdul; Yani, Ahmad; Hariyanto, Hariyanto
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1819

Interfaith marriage is still a controversial issue in Indonesia, legally, socially, and religiously. Article 2, paragraph (1) of the 1974 Marriage Law is the basis for its validity, but its practice gives rise to different interpretations. SEMA No. 2 of 2023 and the Constitutional Court's decision are the latest references. This study aims to analyze the legal settlement of interfaith marriage based on SEMA 2023, examine it from the perspective of Islamic legal sociology, and offer solutions based on Maqashid Syariah. The method used is qualitative with a normative and sociological approach. The primary data sources were obtained from literature studies, including laws, court decisions, scientific journals, as well as various Islamic law and maqashid sharia literature. Data analysis was conducted both descriptively and analytically, employing a legal hermeneutics approach to understand the dynamics of interfaith marriage regulations in Indonesia. This study shows that the absence of clear rules on interfaith marriages has given rise to various interpretations and encouraged alternative practices such as marriage abroad or pseudo-conversion (fraus legis). From the perspective of the sociology of Islamic law, this practice has caused social tension in society. The Maqashid Syariah approach emphasizes the protection of religion, lineage, and human rights. This study concludes the need for more adaptive and inclusive legal reform, considering social justice and humanitarian values, in line with the principles of maqashid syariah.

Reconstruction Interfaith Marriage Law in Indonesia: Relevance of Sociology Knowledge and Maqasid Sharia Ibnudin, Ibnudin; Sugianto, Sugianto; Kholiq, Achmad; Aziz, Abdul; Yani, Ahmad; Hariyanto, Hariyanto
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1819

Interfaith marriage is still a controversial issue in Indonesia, legally, socially, and religiously. Article 2, paragraph (1) of the 1974 Marriage Law is the basis for its validity, but its practice gives rise to different interpretations. SEMA No. 2 of 2023 and the Constitutional Court's decision are the latest references. This study aims to analyze the legal settlement of interfaith marriage based on SEMA 2023, examine it from the perspective of Islamic legal sociology, and offer solutions based on Maqashid Syariah. The method used is qualitative with a normative and sociological approach. The primary data sources were obtained from literature studies, including laws, court decisions, scientific journals, as well as various Islamic law and maqashid sharia literature. Data analysis was conducted both descriptively and analytically, employing a legal hermeneutics approach to understand the dynamics of interfaith marriage regulations in Indonesia. This study shows that the absence of clear rules on interfaith marriages has given rise to various interpretations and encouraged alternative practices such as marriage abroad or pseudo-conversion (fraus legis). From the perspective of the sociology of Islamic law, this practice has caused social tension in society. The Maqashid Syariah approach emphasizes the protection of religion, lineage, and human rights. This study concludes the need for more adaptive and inclusive legal reform, considering social justice and humanitarian values, in line with the principles of maqashid syariah.

Epistemologi Filsafat Hukum Keluarga dalam Rekonstruksi Pemikiran Normatif pada Masyarakat Modern Hidayat, Rahmad Sujud; Kholiq, Achmad; Muslim, Yudi Rijali
Jurnal Ekonomi, Bisnis dan Humaniora (EKSISHUM) Vol 5 No 1 (2025): EKSISHUM
Publisher : Universitas Tangerang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar

The epistemology of the philosophy of family law is an in-depth study of the basics of knowledge, sources of truth, and legal legitimacy that govern family relations in society. In the modern context, social, cultural, and technological dynamics demand a reconstruction of normative thinking in order to keep family law relevant. This paper seeks to analyze the epistemological framework of the philosophy of family law by linking normative traditions, positive law, and universal morality principles. The research method used is a literature study with a philosophical-normative approach. The results of the study show that the epistemology of family law must be based on rationality, the value of justice, and sensitivity to social change. Thus, modern family law needs to be continuously reconstructed to maintain a balance between traditional values and the needs of contemporary society.

The Model Of Islamic Criminal Law Enforcement Against Cyber Crime: (An Integrative Analysis of the Maqāṣid al-Sharī‘ah Approach and Modern Cyber Law in Addressing the Challenges of Transnational Digital Crimes) Kholiq, Achmad; Shodikin, Akhmad; Rahim, Faishal
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.940

Background. The advancement of digital technology has given rise to new forms of crimes known as cyber crimes, characterized by their transnational nature, rapid execution, and difficulty in being confined by state jurisdiction. Modern positive law has responded to this challenge through the formulation of cyber law, regulated at both national and international levels. In contrast, Islamic criminal law provides a normative framework derived from the concepts of jarīmah, ḥudūd, qiṣāṣ, and ta‘zīr. Aims. This article aims to analyze the model of Islamic criminal law enforcement against cybercrime and compare it with modern cyber law. Methods. The research employs a normative-comparative methodology, incorporating both conceptual and regulatory analysis. Result. The findings reveal that Islamic criminal law offers universal principles applicable to cybercrime through the category of ta‘zīr, which grants discretionary authority to the judge (qāḍī) in determining punishments based on public interest (maṣlaḥah). Meanwhile, modern cyber law emphasizes procedural aspects, digital evidence, and international mechanisms of enforcement. The comparative analysis indicates a convergence between the two systems in their objectives of protecting society, though they differ in terms of legitimacy sources and normative foundations. Conclusion. Hence, an integrative model of enforcement that combines the maqāṣid al-sharī‘ah with modern cyber law instruments could serve as a strategic alternative in addressing the complexity of cybercrime. Implication. Cybercrime law enforcement cannot rely on a single legal system. Instead, an integrative framework is needed to unite the strengths of Islamic criminal law and modern cyber law, thereby producing a more comprehensive, practical, and just cyber legal order in addressing the challenges of the digital age.

Amnesty And Abolition From The Perspective Of Fiqh Jinayah: Implications For The Modern Criminal Justice System Kholiq, Achmad; Haerany, Anne
Jurnal Legisci Vol 3 No 3 (2025): Vol 3 No 3 December 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i3.993

Background. This article discusses the concepts of amnesty and abolition from the perspective of fiqh al-jinayah (Islamic criminal law), and their relevance to the dynamics of the modern criminal justice system. In a positive legal system, amnesty and abolition are legal instruments that give the head of state the authority to halt or end criminal proceedings against specific individuals or groups in the public interest, such as political reconciliation or national stability. Aims. However, in the context of fiqh jinayah, similar concepts are found in the form of ʿafw (forgiveness), ṣulḥ (reconciliation), and takwīf al-ḥadd (suspension of execution), each of which has normative limitations based on the rights of Allah (ḥuqūq Allāh) and human rights (ḥuqūq al-'ibād). Methods. This article uses a qualitative-normative approach, with comparative and hermeneutic analyses of classical and contemporary fiqh. Result. The results of the study show that Islam opens space for forgiveness in the criminal realm, especially in the categories of ta'zīr and some qiṣāṣ, while still emphasizing substantive justice as the main principle. Conclusion. In the context of the modern criminal justice system, the redefinition of amnesty and abolition within the framework of maqāṣid al-syarī'ah is essential to prevent abuse of authority while guaranteeing the rights of victims and the public benefit.

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