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HARMONISASI SYARI’AT DAN HAKIKAT DALAM PENERAPAN HUKUM ISLAM DI INDONESIA: KAJIAN FALSAFAH TASYRI Hisbullah Hisbullah; Hanaping; Misbahuddin; Sabri Samin; Andi Moh. Rezki Darma; Mulham Jaki; Sofyan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1361

Shari'ah and Hakikah are two sciences in Islam that are seen as conflicting sciences. The science of Shari'ah which is oriented to the deeds of human birth and the science of hakikah oriented to the inner deeds of man. Both tend to be viewed differently in their practice. However, if understood and explored, the two sciences have a very close relationship and cannot be separated from practice. Man consisting of both lahiriyah and batiniyah elements desperately need both knowledge to achieve the goal of human creation, namely worship and worship God. The science of Shari'ah as a form of embodiment of human slavery through concrete behavior, while the science of nature as the embodiment of human slavery through abstract and only known emotional and inner activities of the individual who does it. Through the fusion of shari'ah and hakikah, the application of Islamic law can be enforced in a mannered manner with law enforcement through a method of gentle approach or upholding ihsan. The enforcement of Islamic law with ihsan has been enforced since the time of the Prophet Muhammad (peace be upon him), enforcement in a polite manner is expected to uphold the sharia law of Islam to all human beings around the world without any violence and compulsion.

Hakim Peradilan Agama: Refleksi Sistem Pengangkatan dan Pelaksana Kekuasaan Kehakiman di Indonesia Arif Rahman; Sofyan; Mulham Jaki Asti
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 1 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

The Religious Courts are law enforcement institutions in Indonesia that cannot be separated from the existence of judges as executor and organizer of judicial power. In essence, religious court judges are appointed as state officials, consciously attaching cumulative conditions as mandated in Article 13 of Law Number 50 of 2009 concerning Religious Courts. The position of judges in carrying out their duties, functions and roles must really be able to actualize and apply the noble values contained in the precepts of Pancasila and the 1945 Constitution as the constitutional basis for receiving, examining, adjudicating, and completing attribution authority. and its main distribution within the religious courts. The logical consequence of judicial power which is the responsibility of judges in religious courts cannot be denied by various problems and challenges both internally including the status of judge appointments, the judicial system, education and knowledge of judges, morality, and the welfare of judges. As well as externally which includes community participation, independence of judges, and a supervisory system.

HARMONISASI SYARI’AT DAN HAKIKAT DALAM PENERAPAN HUKUM ISLAM DI INDONESIA: KAJIAN FALSAFAH TASYRI Hisbullah Hisbullah; Hanaping; Misbahuddin; Sabri Samin; Andi Moh. Rezki Darma; Mulham Jaki; Sofyan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1361

Shari'ah and Hakikah are two sciences in Islam that are seen as conflicting sciences. The science of Shari'ah which is oriented to the deeds of human birth and the science of hakikah oriented to the inner deeds of man. Both tend to be viewed differently in their practice. However, if understood and explored, the two sciences have a very close relationship and cannot be separated from practice. Man consisting of both lahiriyah and batiniyah elements desperately need both knowledge to achieve the goal of human creation, namely worship and worship God. The science of Shari'ah as a form of embodiment of human slavery through concrete behavior, while the science of nature as the embodiment of human slavery through abstract and only known emotional and inner activities of the individual who does it. Through the fusion of shari'ah and hakikah, the application of Islamic law can be enforced in a mannered manner with law enforcement through a method of gentle approach or upholding ihsan. The enforcement of Islamic law with ihsan has been enforced since the time of the Prophet Muhammad (peace be upon him), enforcement in a polite manner is expected to uphold the sharia law of Islam to all human beings around the world without any violence and compulsion.

Between Adat, Religion, and the State: Normative Tensions in the Civil Rights of Children Born Out of Wedlock in Bugis-Makassar Society Andi Tenri Padang; Sofyan; Andi Muhammad Taqiyuddin BN; La Ode Ismail Ahmad; Abd. Bashir Fatmal
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 2 (2026): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i2.16567

Background: Marriage in Indonesia is a legal, religious, and cultural institution simultaneously regulated by national law, Islamic law, and Bugis–Makassar customary norms. Divergent interpretations among these systems create legal uncertainty for children born outside legally recognized marriages, often resulting in stigma and limited civil rights. Purpose: This study examines how the interaction of national law, Islamic law, and Bugis–Makassar customary law shapes the civil rights of out-of-wedlock children and assesses the influence of local cultural values on their legal recognition and protection. Methods: This research adopts a socio-legal and legal anthropological approach to analyze the normative tensions between adat, religion, and state law in determining the civil rights of children born out of wedlock in Bugis-Makassar society. The study examines legal texts and judicial decisions alongside the social practices, cultural values, and communal understandings that influence the recognition of children’s status and rights. By situating legal norms within their social context, the research highlights how individuals and communities navigate competing normative frameworks and negotiate legal legitimacy in everyday life. Results: The findings reveal that the civil rights of children born out of wedlock are shaped through ongoing negotiations between state law, Islamic norms, and Bugis-Makassar customary values. While national law provides formal legal recognition, the realization of these rights is often mediated by social legitimacy, customary mechanisms, and cultural notions of siri’ (honor) and lineage. Children and their families actively navigate these overlapping normative orders to mitigate stigma, secure social acceptance, and gain access to inheritance and family rights. The study highlights a gap between formal legal guarantees and lived social realities, demonstrating that legal recognition is not merely a juridical matter but also a process of negotiating identity and belonging within a plural legal and cultural landscape. Implication: The study highlights the necessity of ethical governance grounded in legal pluralism and transformative justice. Rather than privileging a single legal system, legal policies should facilitate constructive engagement among state law, Islamic law, and customary norms to ensure substantive justice, protect the dignity and rights of children born out of wedlock, and promote socially inclusive and culturally sensitive forms of legal recognition. Originality: This study integrates national law, Islamic law, and Bugis–Makassar customary law within a single framework, positioning customary law as an active living system that shapes children’s civil rights in a plural legal society

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