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The Values of Maqāṣid al-Sharī‘ah in the Implementation of Inclusive Education Hasan Syahrizal; Fajrina Dhia Salsabila; Ainul Mardhiah
DZURRIYAT : Jurnal Pendidikan Islam Anak Usia Dini Vol. 4 No. 1 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/dz.v4i1.4702

Abstract

Educational justice continues to face challenges when access and participation of children with special needs are not fully accommodated within formal education systems, requiring inclusive education to be grounded in a stronger philosophical and ethical foundation beyond administrative policy. This study aims to analyze the values of Maqāṣid al-Sharī‘ah in the implementation of inclusive education and to affirm their relevance as a normative basis for constructing a just educational system. The research employs a qualitative library research approach using normative and conceptual analysis of Maqāṣid al-Sharī‘ah literature and inclusive education policies. The findings indicate that inclusive education holds theological legitimacy within the framework of hifẓ al-‘aql through equitable intellectual development, hifẓ al-nafs and hifẓ al-nasl through the protection of dignity and generational continuity, and maslahah ‘āmmah through the strengthening of collective social welfare. The study implies that integrating Maqāṣid al-Sharī‘ah values into inclusive education policies and practices can reinforce a humane, just, and welfare-oriented Islamic educational system
The State's Responsibility in Ensuring Access to Education for Children with Special Needs in Remote Areas Hasan Syahrizal; Fajrina Dhia Salsabila; Ainul Mardhiah
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 2 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i2.4546

Abstract

The fulfillment of the right to education for children with special needs in remote rural areas continues to face a gap between the normative guarantees provided by the national legal framework and the limited reality of educational access due to geographical barriers and weaknesses in local policy implementation. This study aims to analyze the state’s responsibility in ensuring access to education for children with special needs in the remote areas of Indragiri Hilir Regency, Riau Province, by examining the alignment between human rights principles, the national legal framework, and the practical implementation of education policies at the local level. The study employs a normative-empirical approach with a descriptive-analytical design, combining a review of statutory regulations and inclusive education policies with field data collection through semi-structured interviews, observations, and analysis of regional education planning documents. The findings indicate that although the state possesses a strong legal foundation for guaranteeing the educational rights of children with special needs, policy implementation in remote rural areas remains largely formalistic, as reflected in the limited availability of inclusive educational institutions, the shortage of specialized educators, weak needs-based planning, and underdeveloped public oversight and complaint mechanisms. The implications of this study highlight the importance of strengthening region-based affirmative policies, cross-sectoral integration, and the development of adaptive educational service models to ensure more responsive, inclusive, and equitable legal protection for children with special needs
SEXUAL VIOLENCE IN MARRIAGE (MARITAL RAPE): A FIQH PERSPECTIVE AND THE SEXUAL VIOLENCE CRIMES LAW (UU TPKS) Ainul Mardhiah; Muhammad Syahnan; Muhammad Iqbal Irham
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i3.27279

Abstract

The phenomenon of forced sexual relations against wives within marriage is an issue that has sparked debate in contemporary Fiqh and the Sexual Violence Crimes Law (UU TPKS). This research aims to explain the opinions of scholars found in contemporary fiqh literature concerning husband-wife relationships and compare them with the sexual violence crimes law. This paper is intended to find the correlation between the perspectives of contemporary scholars and the UU TPKS regarding sexual violence in marriage and the concept of a wife's obedience to her husband in Islam. The research employs a qualitative method with a juridical-normative approach, drawing from contemporary fiqh books, Ahwal Syakhsiyyah, and the sexual violence crimes law. The findings of this research indicate that fiqh law is essentially in alignment with the concept of sexual violence law in marriage as outlined in the UU TPKS. Conversely, the stance of rejection towards the UU TPKS is shown to be a result of misunderstandings of existing religious texts.