Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Misykat al-Anwar Jurnal Kajian Islam dan Masyarakat
Zulfahmi Nur
UIN Sultan Syarif Kasim Riau
Religion Education Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Rekonstruksi Negara Hukum dalam Paradigma Hukum Islam dan Ketatanegaraan di Indonesia Zulfahmi Nur
Misykat al-Anwar Jurnal Kajian Islam dan Masyarakat Vol 6, No 1 (2023)
Publisher : Faculty of Islamic Studies, University of Muhammadiyah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24853/ma.6.1.119-142

Abstract

This paper aims to analyse the discourse of the rule of law in the perspective of Islamic law and constitutional law in Indonesia. The research is a literature study with the main source of books, journals and other references related to the concept of the state in the perspective of Islam and constitutional law in Indonesia. The research method is descriptive qualitative with a normative approach. In the Indonesian context, the concept of law and the rule of law must be realised that it is not an original result or does not grow from within Indonesian society itself. The rule of law is an imported product or a building imposed from outside. The rule of law is the fruit of adoption and transplantation through the Dutch colonial concordance politics and European countries, commonly known as the Rule of Law and Rechtstaat. The conception of the Rule of Law and Rechtstaat are two conceptions of the rule of law that are only normative-legalistic in nature with categorical elements such as the supremacy of law, equality before the law, due process of law, It appears that the Indonesian rule of law, both at the level of the Rule of Law and Machtstaat, is influenced by external legal thinking that emphasises the anthropocentric dimension that focuses on individual and liberal values. So that in practice the Rule of Law turns into the Rule of Man, or from Rechtstaat turns into Machtstaat. In contrast to nomocracy in Islamic law, the rule of law is built on divine values, where law is the highest supremacy in human life. To get to the true state of law, it is necessary to reconstruct the conception and paradigm of the state of law in the future.
Keadilan Dan Kepastian Hukum (Refleksi Kajian Filsafat Hukum Dalam Pemikiran Hukum Imam Syâtibî) Zulfahmi Nur
MISYKAT AL-ANWAR JURNAL KAJIAN ISLAM DAN MASYARAKAT Vol 6, No 2 (2023)
Publisher : Faculty of Islamic Studies, University of Muhammadiyah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24853/ma.6.2.247-272

Abstract

This paper aims to explore the philosophical roots of Syatibi's legal thinking on justice and legal certainty and its relevance to the Indonesian legal state. The theories used in this paper consist of the theory of justice, the theory of legal certainty and the theory of the rule of law. The theory of justice is part of the study of legal philosophy, which Syatibi calls moral and legal integrity. The theory of legal certainty is the basic norms (grundnorm) extracted from Syatibi's works. The method used in this paper is normative juridical with a philosophy of law approach. Philosophy of law is an intellectual activity that thinks rationally, systematically, comprehensively, integrally and critically. The results of the study show that Syatibi, a legal reformer of Granada in the 8th century H/14 AD who is of the Maliki school of thought, has laid the foundation and principles of the rule of law in realising justice and legal certainty through his three monumental works, al-Muwafaqat fi Ushul al-Syari'ah, I'tisam and Fatawa Syatibi. Syatibi's legal philosophy thinking on legal justice is formulated in three legal constructs namely al-maslahah, al-sahl and 'adam al-kharaj. Syatibi formulated legal certainty on five basic legal principles (grundnorm) consisting of: (1), Muqaddimah (preamble), (2). Al-Ahkam (laws), (3). Al-Maqasid (purpose or direction to be achieved), (4). Al-Adillah (legal arguments), and (5). Ijtihad (Legal Reasoning). The idea of the rule of law in the Indonesian context both in the perspective of the rule of law and rechtstaat is dominated by the legal system of Western countries which in general is the idea of the rule of law derived from the results of Western intellectual thought based on liberal and secular philosophies. Law is only limited to positivism, meaning that law is interpreted as an order from the law which results in law only in the form of legal certainty. Positivistic law separates legal justice from legal certainty or separates law from morals. In contrast to the thinking of Islamic legal philosophers such as Shathibi who combines law with justice.
Co-Authors