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Transformation of Islamic Law in Responding to the Challenges of Plurality in the Digital Era Rahmadani, Rini; Kurniati, Kurniati; Gassing, Qadir
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.10 No.2 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.9073

Abstract

This study examines the transformation of Islamic law in addressing the challenges of religious and ideological plurality in the digital era. Drawing on a qualitative, descriptive-analytical approach, the research explores how Islamic legal norms adapt to the complexities of online religious discourse, the decentralization of authority, and the rise of interpretive subjectivities. Using the framework of maqāṣid al-sharī‘ah, wasatiyyah (moderation), and Islamic multiculturalism, the study highlights the dynamic role of Islamic law as both a normative system and a socio-ethical mechanism. Findings indicate that Islamic law, when recontextualized through digital realities and pluralistic values, remains responsive to contemporary issues such as freedom of expression, extremism, and identity diversity. However, the fluidity of online interpretations and the erosion of traditional legal authority pose challenges to legal stability and epistemological coherence. The study concludes that a renewed interdisciplinary approach - integrating Islamic legal theory, digital sociology, and pluralism studies - is essential to ensure the continued relevance of Islamic law in shaping justice and coexistence in a globally connected society.
Manfaat dan Mafsadat Teknologi Modern Persfektif Maslahah Zainuddin; Gassing, Qadir; Kurniati
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This article discusses the benefits and benefits of modern technology from a maslahah perspective which aims to provide an explanation regarding the benefits of modern technology on the development of Islamic law, and how it has a negative influence on the development of Islamic law. This article is a literature review sourced from several relevant references to the topic discussed. Data collection techniques come from researching relevant reference sources in the form of journals, articles, websites, books and other scientific works. Islam has full care and attention for its ummah so that it continues the process of exploring the potential of nature and the environment to become the center of a glorious civilization. In this context, there is no conflict between science and Islam, where both work in balance and harmony to create scientific treasure and human civilization that is better than before. Current technological advances cannot be separated from people's lives. We can now know various information that occurs in various parts of the world directly thanks to technological advances (globalization). Previously, we knew the saying "the world is not as wide as a moringa leaf", now that saying should be changed to today's world as wide as a moringa leaf, because the rapid access to information in various parts of the world makes this world seem narrower because we can see what is happening in America for example, even though we are in Indonesia.
Evolusi Hukum Islam di Indonesia: dari Masa Kerajaan Islam hingga Era Reformasi Almahdali, Sayyid Syahdan; Rahman R, Abd.; Gassing, Qadir
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 1 (2026): February 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18311640

Abstract

The development of Islamic law in Indonesia represents a significant phenomenon reflecting the dynamic interaction between religious values, the national legal system, and the country’s socio-cultural context. The urgency of this research lies in the need to understand how Islamic law has adapted and transformed throughout Indonesia’s multicultural and pluralistic history. The main objective of this study is to analyze the evolution of Islamic law from the era of Islamic kingdoms to the post-reformation period, as well as to assess its contribution to the modern national legal system. This study employs a qualitative descriptive method, using library research as the primary data collection technique, supported by content analysis of legal documents, academic literature, and historical records. The findings reveal that Islamic law in Indonesia has undergone a gradual process of integration—from a marginal position toward formal recognition within the national legal framework—aligned with the nation’s political and social transformations. This research contributes to strengthening the theory of legal integration and offers new insights into the relevance of Islamic law as a living law within the framework of Pancasila-based legal pluralism. In conclusion, Islamic law holds significant potential in shaping a fair and contextually grounded national legal system; however, further empirical research is needed to evaluate its practical implementation in contemporary socio-legal contexts.
Eksistensi Hukum Islam dalam Pembentukan Perundang-Undangan di Indonesia: Undang-Undang Perkawinan, Undang-Undang Zakat, Undang-Undang Haji, dan Kompilasi Hukum Islam (KHI) Batara, A Muhammad; Rahman R, Abd.; Gassing, Qadir
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18186814

Abstract

This study examines the existence of Islamic law in Indonesian legislation, focusing on the Marriage Law, Zakat Law, Hajj Law, and the Compilation of Islamic Law (KHI). Using a library research method, the study aims to understand how Islamic law has been recognized as an integral part of the national legal system and its implications for nation-building. The findings reveal that Islamic law is not only practiced within society but also institutionalized in positive law: the Marriage Law No. 1/1974 as a codification of Islamic family law, Zakat Law No. 23/2011 as both a religious obligation and a social welfare instrument, Hajj Law No. 13/2008 (later Law No. 8/2019) ensuring the administration of pilgrimage in accordance with sharia, and KHI as a unification of Islamic family law applied in Religious Courts. In conclusion, Islamic law significantly contributes to the development of Indonesia’s legal system by strengthening moral values, ethics, and justice, while highlighting the need for harmonization between Islamic law and the national legal framework based on Pancasila and the 1945 Constitution.
Bedah Ulang Perbankan Konvensional Versus Perbankan Islam dalam Realitas Sosiologis Nurfania, Andi Elvira; Gassing, Qadir; Rahman, Abd.
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 1 (2026): February 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18329109

Abstract

This article discusses the conceptual differences and sociological realities between conventional banking and Islamic banking in Indonesia. Using a sociological economics approach, the study examines how both banking systems influence social behavior, public perceptions, and their implications for economic structures. The findings indicate that Islamic banking derives its legitimacy from the religious culture of society, while conventional banking gains legitimacy from economic modernization. Despite their differing principles, in social reality both systems experience convergence.
Hukum Islam: Sebuah Konsep dan Urgensinya N, Nurfadilah; Rahman, Abd.; Gassing, Qadir
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18222613

Abstract

Islamic law is a set of rules established by Allah SWT to serve as a guide for humans in living their lives. These rules are sourced from the Quran, Hadith, ijma' and qiyas (consensus), which regulate various aspects of human life, both individual and social. As a manifestation of sharia, Islamic law emphasizes not only the formal legal aspect but also the moral and spiritual dimensions that guide the community in achieving prosperity in this world and the hereafter. This article discusses the basic concepts of Islamic law, including its definition, sources, objectives, characteristics, and urgency in contemporary life. By exploring the role of Islamic law in establishing justice, maintaining social order, and addressing the challenges of modernity, this paper demonstrates that Islamic law has universal relevance, not only for Muslims but also in its contribution to humanitarian values globally
Kekerasan dalam Rumah Tangga dalam Perspektif Hukum Positif dan Hukum Islam di Indonesia Ridha, Achmad Rasyid; Gassing, Qadir; Rahman R, Abd.
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18258272

Abstract

Domestic violence (DV) is a social and legal issue that remains a serious problem in Indonesia. This phenomenon not only impacts victims physically but also causes psychological trauma, social loss, and disruption to family stability. This study aims to analyze the concept of domestic violence, its forms, causal factors, and efforts to address it from the perspective of positive law and Islamic law. The results indicate that domestic violence is influenced by unequal power relations, patriarchal culture, economic pressure, and a weak understanding of the values of justice in religious teachings. Therefore, an integrative legal and religious approach is needed to prevent and address domestic violence