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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Siyasatuna Jurnal Ilmiyah Mahasiswa Siyasah Syariyyah
Halimang, St
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Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS FIQH SIYASAH TERHADAP KONSEP PEMERINTAHAN ISLAM MENURUT PEMIKIRAN HASAN AL-BANNA Hanafie, Ahsandy Rizky Fadhlansyah; Halimang, St
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syar'iyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

Hasan Al-Banna as the founder of the Muslim Brotherhood put forward the concept of government to harmonize religion and state. The concept of government contained in Hasan al-Banna's theory imitates the form and nature of the leadership of the Prophet Muhammad. This study aims to determine the thought pattern of Hasan al-Banna in the concept of Islamic government and also to find out the relevance of Hasan al-Banna's government to the government in Indonesia. This research uses library research, and the nature of this research is descriptive-analysis. The data that has been collected is then analyzed using qualitative inductive analysis. The results of this study indicate that fiqh siyasah in this case responds to Hasan Al-Banna's concept of thinking about Islamic government in line with the principles of government according to Fiqh Siyasah because Islamic government is a government that is upright on Islamic law which is sourced from the Qur'an and Sunnah. Then the relevance of Hasan Al Banna's Islamic government to government in Indonesia is that the Islamic government system in Indonesia is increasingly finding its vitality because the construction of the government system that has been implemented so far seems to have failed to build a harmonious and humanist state order.
Justice and Qiṣāṣ in Islamic Law: The Views of Muslim Scholars and Intellectuals at Makassar City, South Sulawesi Halimang, ST; Ridhwan, Ridhwan; Sakdiah, Sakdiah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): 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.v9i1.26164

Abstract

Qiṣāṣ is a legal provision (for those who commit premeditated murder or unlawful acts) that is ontological-theological in nature, which prioritizes justice in the maqāṣid al-sharī'ah paradigm. This form of justice is oriented towards the welfare of humanity while still recognizing the rights and responsibilities of the perpetrator and (family) of the victim. However, qiṣāṣ is often considered barbaric, cruel, and not in accordance with modern human rights standards. Based on this view, it is necessary to study the meaning of justice in qiṣāṣ, according to Muslim scholars and intellectuals in Makassar, South Sulawesi. This study attempts to discuss the construction of the meaning of justice in the law of qiṣāṣ in line with the principles of Islamic law. To answer this, an empirical research method is used with the maqāṣid al-sharī'ah approach. Data were collected through in-depth interviews with informants such as Muslim scholars and intellectuals. The research findings show that qiṣāṣ justice actually fulfills the principles of justice as contained in Islamic law and is in line with theological and sociological dimensions. Qiṣāṣ is applied with a balanced axiological orientation, adhering to the principles of justice. However, the application of the law is hierarchical and depends on the reasons (or motives) for the adjustment. This means that qiṣāṣ is the maximum punishment that can be applied if the evidence of premeditated murder or unlawful association is conclusive and beyond doubt (syubhat). Conversely, if the evidence has strong reasons (such as preventing harm) or is uncertain (syubhat), then the minimum punishment -diyat (financial compensation) - can be applied. In the maqāṣid al-sharī'ah perspective, qiṣāṣ punishment does not only contain the values of justice and welfare because it can save and protect the lives of other humans from someone's evil intentions to kill, so that the goal of Islamic law for the welfare of humanity can be achieved.
PERAN LEMBAGA PEMBERDAYAAN MASYARAKAT DALAM PEMBANGUNAN DESA MANJAPAI KECAMATAN BONTONOMPO KABUPATEN GOWA TELAAH SIYASAH SYAR’IYYAH Wahyuni, Eka Sri; Djafar, Usman; Halimang, St
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 2 (2025): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

Community empowerment is an effort for the potential and capabilities of the community, so that the community can realize their identity, dignity and worth to survive and develop themselves in the social, economic, religious and cultural fields. This study aims to determine the role of the Community Empowerment Institution (LPM) in Manjapai Village, Bontonompo District, Gowa Regency. This research is a qualitative field research with research methods using observation, interviews and documentation. The results showed that the role of the Community Empowerment Institution (LPM) in Manjapai village had not been carried out optimally, members of the Community Empowerment Institution (LPM) did not understand the functions and duties of the institution they carried out. One of the causes is the lack of communication between the community and community institutions and the village government. This shows that the function of the Community Empowerment Institution (LPM) based on the Indonesian government regulation no. 72 of 205 regarding villages cannot be implemented properly. Based on the perspective of Siyasah Syariyyah, the performance of community institutions in terms of leadership for village development has not met the characteristics of good leadership. In this case, in terms of trust, members of the Community Empowerment Institution (LPM) have not been optimal in carrying out their duties or mandates given, for example uneven development, and have not continued the empowerment program that the community wants.
Co-Authors Djafar, Usman Hanafie, Ahsandy Rizky Fadhlansyah Ridhwan Ridhwan, Ridhwan Sakdiah Sakdiah, Sakdiah Wahyuni, Eka Sri