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All Journal Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman Gunung Djati Conference Series
Muhamad Sofi Mubarok
IAIN Syekh Nurjati Cirebon
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MEMBEDAH ANATOMI FIQH SIYASAH DALAM PUTUSAN MAHKAMAH KONSTITUSI TENTANG PRESIDENTIAL THRESHOLD Muhamad Sofi Mubarok
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.332

Abstract

The Constitutional Court sets presidential threshold as an open legal policy or open law policy for legislators. In other words, presidential threshold as stipulated in Act Number 7 of 2017 on General Elections, especially in the article 222, does not contradict to the Constitution of the Republic of Indonesia 1945 and its accordance with efforts to maintain government stability. Although this decision left two constitutional judges dissenting opinion since it was issued, the decision is relevant to the fiqh siya>sah construct concerning the need to maintain government stability through determining sufficient conditions in the selection process for the head of state. Borrowing Norman Fairclough's Critical Discourse Analysis (CDA) approach, the decision is in accordance to the fiqh siya>sah dictum for two reasons. First, there is a religious dogma which states that a head of state must come from the strongest clan through prophet tradition (al-hadis) states, al-aimmatu min-quraysyin. Second, in the fiqh siya>sah tradition, any policy can be formulated as long as the benefit of the people can be achieved. The stipulation of strict prerequisites is not intended to obstruct the right of a mukallaf to be elected as head of state, but aims to achieve other interests that are greater and benefit society, in the form of advocating for the rights of the state, ensuring a sense of security, and the realization of religious values in social life.
Refleksi Pemilu 2024 terhadap Politisasi Agama di Media Sosial Perspektif Teori Double Movement Fazlur Rahman Abdul Hamid; Anwar Sanusi; Achmad Lutfi; Muhamad Sofi Mubarok; Debi Fajrin Habibi5
Gunung Djati Conference Series Vol. 21 (2023): The 1st Nurjati Conference
Publisher : UIN Sunan Gunung Djati Bandung

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Abstract

This study aims to discuss the reflection of the 2024 election on the politicization of religion on social media from the perspective of Fazlur Rahman's double movement theory. This study uses a qualitative approach by applying the descriptive-analytical method. The results and discussion of this study indicate that it is necessary to carry out socio-historical contextualization of religion through Fazlur Rahman's double movement theory, which is known for its dual movements, the socio-historical affirmation must be studied as there is still humiliation of a group which ultimately results in divisions between groups. Of course this has to go back to the socio-historical beginning of the verses of the Qur'an which upheld justice. The verses of the Qur'an instruct humans not to generate hate speech against other people. Talking about the politicization of religion, this must be avoided by the public so that they are not easily provoked by politics in the name of religion. Theoretically and practically, this research is expected to have benefits and usefulness implications as an initial study of reflections on the 2024 Election on the politicization of religion on social media from the perspective of Fazlur Rahman's double movement theory. This study recommends government agencies, religious leaders, and the public not to be easily provoked by politics in the name of religion.
Co-Authors Abdul Hamid Achmad Lutfi Debi Fajrin Habibi5 Sanusi, Anwar