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All Journal SYARIAH: Journal of Islamic Law JICL
Bustamam Usman
UIN Ar-Raniry Banda Aceh
Religion Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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FIQH SOSIOKULTURAL UNTUK MENEGAKAN NILAI KEMANUSIAAN UNIVERSAL Muhammad Syarif; Bustamam Usman
SYARIAH: Journal of Islamic Law Vol 5, No 1 (2023)
Publisher : STISNU Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sy.v5i1.656

Abstract

Re-reading the thinking products of classical scholars, especially on Islamic law (fiqh studies) is a very important thing, because the results of human thought are inseparable from the socio-cultural aspects that surround it. The concept of reforming Islamic law must be based on the spirit of grounding Islamic law within the framework of implementation and regulation through legislation. The use of a multidisciplinary methodology and approach in establishing a law is of course a matter of great urgency. With the elaboration of classical methodology and a modern scientific approach, it will produce an objective, humanist and progressive study of fiqh. There are many factors that influence the birth of fiqh books. These aspects are directly related to the life of the scholars, so they have a connection in forming their horizons of thinking. These aspects include; a) politics, b) culture, and c) social community. This product of thought is used as a tool to address religious issues which have dimensions of worship, muamalah, family law, civil and criminal law. The socio-cultural approach has made a major contribution to methodological enrichment, theoretical enlightenment, and the paradigmatic development of fiqh. So that the study of Islamic law that develops really makes a meaningful contribution to the upholding of universal human values.
KEWENANGAN KEUCHIK DALAM PENERBITAN SURAT KETERANGAN TANAH DALAM PERSPEKTIF SIYASAH IDARIYAH Geunta Farabi Yuzka; Misran Misran; Bustamam Usman
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

With a focus on the decision of the Administrative Court (PTUN) Banda Aceh Number 25/G/2024/PTUN.BNA from the perspective of fiqh siyasah idariyyah. The main issue raised is the abuse of authority by the keuchik who issued an SKT beyond his jurisdiction, resulting in land ownership disputes and legal uncertainty for the community. The research method employed is normative-juridical with statutory, case, and conceptual approaches. The findings show that the PTUN Banda Aceh decision serves as both an administrative correction and judicial oversight of the keuchik’s actions. From the perspective of fiqh siyasah idariyyah, the ruling reflects the implementation of the principles of justice (al-ʿadālah), public interest (al-maṣlaḥah al-ʿāmmah), and the specialization of functions (takhṣīṣ al-wazīfah). By annulling the legally flawed SKT, the court not only protects the rights of aggrieved individuals but also strengthens village governance toward greater accountability and compliance with good governance principles. In conclusion, the integration of Indonesian positive law and the values of fiqh siyasah idariyyah provides an essential foundation to prevent the misuse of authority at the village level and to safeguard justice and public welfare.
Co-Authors Geunta Farabi Yuzka Misran Misran