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All Journal AT-TAKLIM: Jurnal Pendidikan Multidisiplin Jurnal Ragam Pengabdian
Nuril Khasyi’in
Universitas Islam Negeri Antasari Banjarmasin
Environmental Science Social Sciences Other

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Reposisi Fungsi Ombudsman dalam Sistem Hukum Nasional: Studi Komparatif Dialektis dengan Lembaga Wilayatul Mazhalim di Era Kontemporer Muhammad Firhansyah; H. Jalaluddin; Nuril Khasyi’in
Jurnal Ragam Pengabdian Vol. 3 No. 1 (Spesial Issue) (2026): "Dharma Samudera"
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/etfjsy65

Abstract

The Ombudsman of the Republic of Indonesia (ORI), as an auxiliary state institution, faces effectiveness challenges due to the recommendatory nature of its legal products. On the other hand, Islamic civilization has the institution of Wilayatul Mazhalim, known for its imperative executive-judicial power in restoring the people's rights from the tyranny of the ruler. This study aims to analyze the philosophical nature of the Ombudsman, dissect the working mechanisms of Wilayatul Mazhalim, and formulate a formulation for repositioning the Ombudsman's functions and authorities in the future through a dialectical comparative study. This legal research uses a juridical-normative method with a statutory approach, a conceptual approach, and a comparative legal approach. The data used are secondary data obtained using library methods and data analysis is carried out using qualitative methods. The results of the study indicate that the current executive weaknesses of the Ombudsman are rooted in its low constitutional position and the Magistrature of Influence paradigm that is inadequate for Indonesian bureaucratic culture. A dialectical synthesis with Wilayatul Mazhalim offers a repositioning model in which the Ombudsman is granted "coercive" authority in the form of reversal of administrative decisions and direct sanctions. The conclusion is that repositioning the Ombudsman as an institution with imperative authority is essential to achieving substantive justice. This strengthening is achieved through constitutional amendments and the transformation of recommendations into binding decisions, in line with the spirit of civil rights protection in the Islamic legal tradition
TUJUAN KHUSUS HUKUM ISLAM DALAM KEWAJIBAN NAFKAH SUAMI: PENDEKATAN NORMATIF TERHADAP PERLINDUNGAN HAK EKONOMI PEREMPUAN Muhammad Jamaludin Faiz; Nuril Khasyi’in
AT-TAKLIM: Jurnal Pendidikan Multidisiplin Vol. 3 No. 1 (2026): At-Taklim: Jurnal Pendidikan Multidisiplin (Januari 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/at-taklim.v3i1.1516

Abstract

This study analyzes the concept of nafaqah (maintenance) in Islamic family law as a fundamental instrument that reflects the maqasid al-shari‘ah orientation in preserving the continuity and stability of the family institution. Through a normative legal approach, this research examines the structure of maintenance obligations by exploring primary sources of the Sharia, including the Qur’an, hadith, classical fiqh, and modern regulations, and integrates them with conceptual findings from contemporary academic literature. The analysis shows that maintenance is positioned not merely as an individual obligation of the husband, but as a Sharia-based mechanism that carries a protective function for three essential objectives: the protection of life (hifz al-nafs), the protection of lineage (hifz al-nasl), and the protection of property (hifz al-mal). This study affirms that the obligation of maintenance is a direct manifestation of Islamic legal construction oriented toward public welfare (maslahah), and remains relevant as a legitimizing basis for positive legal norms that govern and enforce the distribution of economic responsibilities within the household. Thus, maintenance possesses strategic value as both a juridical and moral instrument in realizing a stable, just family structure that aligns holistically with the objectives of the Sharia.
Co-Authors H. Jalaluddin Muhammad Firhansyah Muhammad Jamaludin Faiz