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This Author published in this journals
All Journal ISLAMICA: Jurnal Studi Keislaman JURIS (Jurnal Ilmiah Syariah)
Nor Salam
Sekolah Tinggi Agama Islam Al-Yasini Pasuruan
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Mediasi Lokal sebagai Model Utama Penyelesaian Kasus Perceraian Masyarakat Muslim Kalisat Pasuruan Nor Salam
Islamica: Jurnal Studi Keislaman Vol. 12 No. 1 (2017): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.888 KB) | DOI: 10.15642/islamica.2017.12.1.206-236

Abstract

This article analyzes the background of the legal pattern of the community at Kalisat Pasuruan in making local mediation as the main model to resolve divorce cases. This study uses a socio-legal approach with the Legal System Theory initiated by Lawrence Meir Friedman. This article is based on the emergence of the Supreme Court Regulation on Mediation in order to change the image of the Religious Courts from judicial paradigm to dispute resolution paradigm, including in divorce cases. The mediation in the case is imperative and the denial of mediation process in the court results in the cancellation of the decision by law. This study concludes that the alignment of the Kalisat community towards local mediation is much more due to non-legal factors which are categorized into elements of legal culture than to structural elements or legal substances. The legal culture element that is intended for example concerns the understanding of the Kalisat community on the teachings of their religion, their perceptions of the proceedings in the Religious Court in resolving divorce cases, or other factors such as the emotional closeness between them and community leaders who are local mediators.
Characteristics of Hate Speech and Freedom of Expression in the Perspective of Maqāṣid Al-Sharī’ah Agus Purnomo; Umi Sumbulah; Nor Salam; Hikam Hulwanullah
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9446

Abstract

This article discusses the model of freedom of speech that is prohibited and categorized as hate speech using the maqāṣid al-sharī’ah approach. The prohibition and sanctioning of hate speech has been a dilemma. On the one hand, it prevents someone from hurting other people’s feelings. On the other hand, it violates freedom of speech. This research is a literature study in which the data were obtained from the texts of the Qur’an. Through normative-empirical and maqāṣid al-sharī’ah approaches, this study reveals that freedom of speech is part of human rights, which in the maqāṣid al-sharī’ah perspective can be categorized as protection of freedom of thought (ḥifẓ al-’aql). However, when freedom of speech is not controlled, it can potentially become hate speech that can threaten another maqāṣid al-sharī’ah, namely the protection of the soul (ḥifẓ al-nafs). The identification and categorization of an action as hate speech or an expression of freedom of speech are based on the benefits. The findings of this study are expected to educate the public in distinguishing between freedom of speech and hate speech according to maqāṣid al-sharī’ah to minimize conflict and hostility.
Co-Authors Agus Purnomo Hikam Hulwanullah Umi Sumbulah