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All Journal Al-Kawakib ILJS
Desi Yusdian
Universitas Islam Negeri Mahmud Yunus Batusangkar
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Teori-Teori Hubungan Hukum Agama Dengan Hukum Negara Al Ikhlas; Desi Yusdian; Murniyetti Murniyetti; Nurjanah Nurjanah; Sulaiman Sulaiman
Jurnal Kawakib Vol 3 No 1 (2022): Studi Keislaman
Publisher : Program studi Keagamaan Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/kwkib.v3i1.44

Abstract

The formation of national law which is the basis for realizing justice in Indonesia has gone through a long process. Starting from the entry of Islam into Indonesia and is still ongoing now. In the formation of the national law, there are at least four theories that explain how the struggle for legal sources that have been integrated with Indonesian society has crystallized into the main guideline in regulating the lives of Indonesian people. The sources of law are Religious Law, Customary Law, and Dutch Law. Combining these three sources of law to become national law is not simple. So that clashes often occur which results in the birth of various conflicts in the community. In particular, when the Dutch Colonial tried to apply their laws in Indonesia, they set rules according to their interests in order to strengthen their grip on the colonized country. So to explain how the process of forming national law, there are several theories that can explain it, namely: Receptie in Complex, Receptie, Receptie a Contrario, and Eclecticism. This research is in the form of qualitative which tends to be analytical and descriptive. Data were collected from various relevant literature and then analyzed using interactive methods. Thus, the findings of this study are that the theory of Receptie in Complex, Receptie, Receptie a Contrario, and Eclecticism explains that national law and religious law have a strong relationship. So national law and religious law will always be united in their principles because the majority of Indonesian people are Muslims.
Uncovering Polygamy: A New Perspective from Al-Majmuʼ Syarh al-Muhadzdzab an-Nawawi through the Lens of Maqāṣid al-Sharīʿah by Jasser Auda Muhammad Danil; Al Ikhlas Al Ikhlas; Desi Yusdian; Fathur Rahmi
Jurnal Kawakib Vol 7 No 1 (2026): Islamic Studies
Publisher : Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/kwkib.v7i1.453

Abstract

Polygamy remains a persistently contested issue within Islamic jurisprudence, intersecting legal, ethical, and social dimensions. This study examines the concept of polygamy as articulated by Imām al-Nawawī in Al-Majmuʼ Syarh al-Muhadzdzab a seminal encyclopedic work of Shāfiʼī fiqh and evaluates it through the systemic Maqāṣid al-Sharīʿah framework of Jasser Auda. Employing a descriptive-analytical library research method followed by a comparative-analytical approach (muwāzanah), this study systematically analyses primary and secondary sources to identify convergences and divergences between classical jurisprudential reasoning and contemporary maqāṣid thought. The findings reveal that al-Nawawī permits polygamy for up to four wives, conditioning it strictly upon material justice (qism and nafaqah) while explicitly recommending monogamy as a prudential preference to avert injustice. Jasser Auda's systemic approach, which prioritises human flourishing, harm reduction (dafʼ al-mafāsid), and contextual holistic justice encompassing emotional, psychological, and social well-being provides a substantially expanded evaluative lens. The comparative analysis demonstrates that, while both perspectives share the foundational telos of justice and welfare, Auda's framework demands an empirical assessment of real-world outcomes, rendering polygamy a highly constrained exception rather than a general permission in contemporary contexts. This study contributes to ongoing scholarly dialogue on the reform of Islamic family law by bridging classical and contemporary maqāṣid methodologies.
Identifikasi Penyebab Ketidakpatuhan Masyarakat Akademik UNP dalam Menerapkan Protokol Kesehatan di Masa Pandemi Covid-19 di Lingkungan Kampus Ditinjau dari Maqashidu Al-Syariah Al Ikhlas; Desi Yusdian; Rahmadhona Fitri Helmi; Muhammad Danil; Fathur Rahmi
Bahasa Indonesia Vol 11 No 2 (2026): Islamic Law: Jurnal Siyasah September 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i2.2859

Abstract

No scientist can predict when the Covid-19 pandemic will end. Therefore, everyone is required to be careful so as not to be infected by this deadly virus. As a protective measure, the World Health Organization (WHO) has established health protocols that must be followed with discipline: wearing a mask when leaving the house, washing hands with running water and soap, and maintaining physical distance to avoid crowds. The purpose of implementing these health protocols is to break the chain of Covid-19 transmission. However, not everyone is able to comply with them; many even ignore them. They act indifferently, and some do not believe in the threat of Covid-19. This situation is also found in the environment of Universitas Negeri Padang (UNP). An environment that is academic in nature should have a higher level of awareness and discipline in implementing health protocols, but in fact there are still many students, teaching staff, and lecturers who are negligent in applying them. In fact, UNP was once locked down due to the large number of infection cases on campus. This study examines the behavior of the academic community of UNP, which tends to be non-compliant with health protocols, the factors causing it, and its relation to maqashidu al-syariah. The study was conducted qualitatively by collecting data from documents and in-depth interviews with informants. The results show that the factors causing non-compliance include boredom, the absence of punishment for violators, feeling safe from Covid-19, and an attitude of indifference. If correlated with maqashidu al-syariah, such actions fall into deeds that waste the intellect and lead to destruction, and thus contradict Islamic law, which commands the preservation of life.
Co-Authors Al Ikhlas, Al Ikhlas Fathur Rahmi Muhammad Danil, Muhammad Murniyeeti, Murniyetti Nurjanah Nurjanah Rahmadhona Fitri Helmi Sulaiman Sulaiman