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All Journal Madani: Multidisciplinary Scientific Journal Socius: Social Sciences Research Journal
Kurniati K
Universitas Islam Negeri Alauddin Makassar
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Tinjauan Sosial Hukum Islam Terhadap Harta Pejabat Yang Meningkat Dimasa Pandemi Covid-19 Eril E; Kurniati K; Misbahuddin M; Fadly F
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 9 (2023): Oktober
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10050790

Abstract

This study aims to find out the social review of Islamic law regarding official assets which increased during the Covid-19 pandemic. This type of research is library research. The approach used is a normative approach (syar'i), which is an approach to a problem that is based on Islamic law originating from the Koran, hadith, ushul fiqh rules, and the opinions of scholars related to the implementation of Islamic law. The results of this study found two possible categories that could occur. First, the assets can be justified if the acquisition is in accordance with the procedures for obtaining assets in accordance with the Shari'a. Second, it can turn into a grave sin if the method of obtaining it falls into the category of procedures that are prohibited in obtaining wealth, such as usury, gifts to officials and seizing government property, corruption or theft and betraying the trust of other people or the people.
Transformation of Identity Politics in Democratic Practices in Indonesia Muh. Rakasiwi A. Gazali; Kurniati K; Musyfikah Ilyas
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 5 (2026): June 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20780833

Abstract

The escalation of identity politics in electoral contests in Indonesia has created deep polarization that threatens social cohesion and the integrity of constitutional democracy. This study aims to analyze the urgency of Islamic law as a substantive ethical instrument in mitigating distortions of identity politics, which are often manipulated for electoral interests. The main issue examined is how the repositioning of Islamic law within national legal politics can maintain democratic stability from the threat of autocratic legalism. The methodology used is socio-legal research with a narrative qualitative approach. The analysis is conducted by examining the interaction between legal norms in texts and socio-political realities in order to critically assess the limitations of formal legalism. The findings show that the concept of Islamic Constitutionalism as a social movement and Sharia Constitutionalism as a space for interest negotiation provides an ethical framework for political actors to prioritize public welfare (maslahah). In conclusion, the integration of substantive Islamic values into national legal policy is urgently needed to prevent the instrumentalization of religious identity that undermines principles of justice. Therefore, the role of institutions such as the Constitutional Court becomes crucial in curbing practices of autocratic legalism.
Transformasi Akta Cerai Konvensional Ke Elektronik: Implikasi Terhadap Keadilan Dan Kepastian Hukum Perspektif Maqasid Syariah Muhammad Afif; Kurniati K; Zulhas’ari Mustafa
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 12 (2026): July 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20734468

Abstract

This research discusses the transformation of divorce certificates from conventional to electronic at the Religious Court and its implications for justice and legal certainty from the perspective of maq??id al-syar?‘ah. This research is a normative legal study with legislative, conceptual, and philosophical approaches. The research results show that the digitization of divorce certificates improves service efficiency, ease of access, and document management. However, this transformation also presents challenges such as the digital divide, low digital literacy, and system security risks. In the perspective of maq??id al-syar?‘ah, digitalization can realize public interest if accompanied by guaranties of justice, equitable access, and protection of the rights of all parties.
Bias Gender Terhadap Posisi Suami dalam Kasus Nusyuz Perselingkuhan Istri di Peradilan Agama Arwinni Eka Putri Ahmad; Kurniati K; Zulhas’ari Mustafa
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 12 (2026): July 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines gender bias in the husband's position in cases of nusyuz (conviction of a wife's infidelity) in the Religious Courts. Gender studies in Islamic family law have focused more on protecting women, leaving the husband's position as the injured party in a wife's infidelity rarely explored. The research gap lies in the limited analysis of the unequal considerations of judges regarding husbands' rights in nusyuz cases. The novelty of this study lies in its attempt to present a balanced perspective on gender justice in assessing the positions of husbands and wives based on their respective actions in domestic matters. This study aims to analyze forms of gender bias in Religious Court decisions regarding nusyuz (conviction of a wife's infidelity). The method used is normative legal research with a case-based and conceptual approach through a study of court decisions and Islamic legal literature. The research hypothesis indicates a tendency for decisions to be more oriented toward protecting the wife without proportionally considering the husband's losses. The results confirm that the principle of justice in Islamic law is reciprocal and must be applied proportionally without gender bias that disadvantages either party.
Co-Authors Arwinni Eka Putri Ahmad Eril, Eril Fadly F Misbahuddin Misbahuddin Muh. Rakasiwi A. Gazali Muhammad Afif Musyfikah Ilyas Zulhas’ari Mustafa