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All Journal Jurnal Al-Hikmah Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Jurnal CENDIKIA ISNU ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Sahabat ISNU SU Jurnal Cendikia ISNU SU
Ahmad Senang
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Analisis Kewenangan Desa Dalam Pembangunan Pedesaan Berdasarkan Implementasi Penerapan Undang-undang Nomor 6 Tahun 2014 Tentang Desa (Studi di Desa Karang Rejo Kecamatan Stabat Kabupaten Langkat) Ahmad Senang
Jurnal Hukum Al-Hikmah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 3, No 3 (2022): Edisi September 2022
Publisher : Fakultas Hukum universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhah.v3i3.5958

Abstract

Kebijakan Kriminal terhadap Tindak Pidana Berbasis Gender dalam Kuhp Baru: Evaluasi Pasal tentang Kekerasan Seksual dan Kekerasan Psikis Ahmad Senang; Budi Sastra Panjaitan; Arifuddin Muda Harahap
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 3 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i3.5977

Abstract

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.
Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1477

Abstract

Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.
Reconstruction of Maqashid al-Shariah Thought in Islamic Intellectual History and Its Relevance to the Development of Contemporary Islamic Law Sofwan Tambunan; Zaini Munawir; Ahmad Senang
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1474

Abstract

The development of modern society presents a variety of increasingly complex legal issues that are often not explicitly discussed in classical Islamic jurisprudence literature. This condition creates the need for a methodological approach capable of bridging the gap between normative Islamic texts and the ever-evolving social dynamics. In this context, the concept of maqasid al-shari'ah becomes an important approach in the development of Islamic legal ijtihad oriented towards the benefit of Allah. This study aims to analyze the development of maqasid al-shari'ah thought in Islamic intellectual history and examine its relevance in the development of contemporary Islamic law. This study uses a qualitative approach with library research methods and historical analysis of the development of the maqasid concept in classical and modern literature. The research data were obtained through a review of the works of ulama usul fiqh as well as the thoughts of contemporary scholars who discuss maqasid theory and its application in Islamic legal methodology. The results show that the concept of maqasid al-shari'ah has undergone significant development in the history of Islamic thought, starting from its initial formulation regarding the benefit in the classical usul fiqh tradition to its broader reinterpretation in modern Islamic thought. These developments demonstrate that maqasid functions not only as a theoretical concept in Islamic legal studies but also as a methodological paradigm that allows Islamic law to adapt to social change without abandoning the fundamental principles of sharia. This study concludes that the maqasid approach has strong relevance in addressing various modern legal problems because it provides a more substantive and contextual interpretative framework. Therefore, the development of maqasid studies needs to continue through an interdisciplinary approach to strengthen the ijtihad methodology and enhance the contribution of Islamic law in addressing legal challenges in the modern era.
Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1477

Abstract

Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.
Islamic Legal Politics in Indonesia: The Dynamics of Sharia Integration in the National Legal System Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1480

Abstract

This study examines the politics of Islamic law in Indonesia and the dynamics of sharia integration within the national legal system. As a Muslim-majority country, Indonesia faces challenges in balancing the aspirations of Muslims with the principles of a pluralistic rule of law. The objectives of this study are to analyze the development of Islamic law from the colonial period to the modern era, to understand the process of integrating Islamic law through formal regulations, and to evaluate the challenges and prospects for the development of Islamic law within the context of national legal politics. The research method used is normative legal research with a statutory, historical, and conceptual approach. Data were obtained through a literature review of laws and regulations, academic literature, historical documents, and previous research on Islamic law and legal politics in Indonesia. The analysis was conducted qualitatively to interpret the relevance of sharia norms, national regulations, and the dynamics of legal politics. The results show that Islamic law in Indonesia developed through a long process of adaptation, starting from limited recognition during the colonial period, through the strengthening of religious courts and marriage law at the beginning of independence, to the integration of sharia economics in the modern era. State legal politics plays a strategic role in determining the direction of legislation, balancing the interests of the Muslim majority with the constitution, and ensuring the effective functioning of Islamic law. Key challenges include social diversity, regulatory harmonization, and implementation capacity. However, development prospects remain open through a maqasid al-Shariah-based approach. In conclusion, the integration of Islamic law in Indonesia is not merely a formality, but part of a national legal framework that is adaptive, relevant, and grounded in justice and the public interest. It is recommended to strengthen the capacity of religious courts, harmonize regulations, and raise public legal literacy to ensure Islamic law plays an optimal role in the national legal system.
Co-Authors Arifuddin Muda Harahap Budi Sastra Panjaitan Munawir, Zaini Sofwan Tambunan