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All Journal Aksioreligia : Jurnal Studi Keislaman Indonesian Journal of Humanities and Social Sciences
Nispul Khoir
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Maqāṣid al-Syarī‘ah dan Legislasi Nasional: Rekonstruksi Model Sistemik Berbasis Teori Sistem Jasser Auda Muhibbussabry; Mhd. Syahnan; Hasan Matsum; Nispul Khoir
JOM Vol 7 No 2 (2026): Indonesian Journal of Humanities and Social Sciences, June
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/ijhass.v7i2.9381

Abstract

This article examines Maqāṣid al-Syarī‘ah as a paradigm of modern legislation in the formation of Indonesian national law. The main issue addressed is the absence of a systematic methodological framework for integrating public interest values into the legislative process, causing lawmaking to often remain limited to formal validity without fully reflecting substantive justice. Previous studies have generally positioned maqāṣid as an interpretive framework or normative principle in Islamic legal reform, while its operationalization as a legislative methodology within national lawmaking remains limited. This study employs normative legal research with statutory, conceptual, and maqāṣidī approaches, using Jasser Auda’s systems theory as the analytical framework. The findings show that maqāṣid values have been substantially internalized in several areas of national law, particularly in marriage regulation, human rights protection, domestic violence prevention, environmental protection, and the safeguarding of human dignity. However, such integration remains partial, implicit, and has not yet been institutionalized as an operational instrument in lawmaking. The novelty of this article lies in reconstructing maqāṣid not merely as an ethical-normative principle, but as a systemic legislative methodology. This article proposes a maqāṣid-based legislative model consisting of five stages: identifying the objectives of Sharia, analyzing the social context, formulating legal norms, testing public interest, and conducting systemic evaluation. This model is expected to strengthen the development of national law oriented toward substantive justice, public welfare, human dignity, and social sustainability.
Model Integratif-Kritis Pembentukan Hukum Kewarisan Islam di Indonesia: Analisis Sosio-Antropologis atas Dialektika Norma, Adat, dan Perubahan Sosial Muhibbussabry; Dhiauddin Tanjung; Nispul Khoir; Imam Yazid
Aksioreligia Vol. 4 No. 1 (2026): Aksioreligia : Jurnal Studi Keislaman
Publisher : CV Global Research Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59996/aksioreligia.v4i1.1072

Abstract

Islamic inheritance law in Indonesia is shaped not only by faraidh norms, but also by state codification, customary practices, family legal culture, and social change. This article aims to analyze the formation of Islamic inheritance law in Indonesia through a socio-anthropological approach to the dialectic between norms, custom, and social transformation. This study employs qualitative library research with normative, statutory, sociology of law, legal anthropology, legal pluralism, and maqāṣid al-sharī‘ah approaches. The findings show that Islamic inheritance law in Indonesia is formed through layered negotiations among the certainty of faraidh, the reformative provisions of the Compilation of Islamic Law, family deliberation, kinship systems, local authority, and socio-economic needs. Custom may function as a mechanism of harmony, but it may also eliminate heirs’ rights when not accompanied by legal awareness, voluntary consent, and protection of vulnerable parties. This article proposes an integrative-critical model that positions faraidh as a normative anchor, while local practices may be accommodated insofar as they fulfill transparency of rights, clarity of property status, voluntary agreement, protection of vulnerable heirs, and maqāṣid-oriented benefit. This model affirms inheritance as both a legal norm and a dynamic, contextual social practice.
Co-Authors Dhiauddin Tanjung Hasan Matsum Imam Yazid Mhd. Syahnan Muhibbussabry