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Kurniati K
Universitas Islam Negeri Alauddin Makassar
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 1 
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.
Keselarasan Prinsip-Prinsip Siyasah Dusturiyah dengan Otonomi Daerah di Indonesia Najwa Fakhira Hisbuddin; Nurul Alfatihah Rahman; Kurniati K
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 4, No 1 (2026): August 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21361467

Abstract

Regional autonomy from the perspective of Islamic constitutional law is the delegation of authority from the head of state to the governor or regional head to regulate and manage their territory for the benefit of the people, known as Al-Imarah Al-Khashshah. This study aims to determine how the concept of regional autonomy is understood from the perspective of Islamic constitutional law. The research method used is a qualitative approach with document analysis aimed at gaining a deep understanding of regional autonomy from the perspective of Islamic constitutional law. The results of the study indicate that although there are challenges, such as differences in the sources of legitimacy of power, it is substantially in line with the principle of siyasah dusturiyah in order to realize public welfare. 
Provokasi Aksi Massa dan Solusi Ijtihad Istislahi di Indonesia Muhammad Aqsho Che Athoriq R; Kurniati K
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.18382524

Abstract

Mass protest provocation has become one of the most pressing challenges in maintaining social stability and public order in Indonesia. This phenomenon not only shapes public perception of demonstrations but also generates complex legal, social, and moral issues. Using an istislahi (public interest–oriented) framework, this study examines how the principle of maslahah can serve as a normative foundation for developing ethical and legal guidelines to prevent and mitigate provocation during demonstrations. Employing a library research method, this study explores relevant literature on mass action and contemporary Islamic legal thought to identify intersections between socio-political dynamics and maslahah-based legal constructions. The findings reveal that provocation within protests creates public harm (mafsadah) by triggering violence, damaging public property, and disrupting public order. The istislahi approach offers potential solutions through ethical protest guidelines, multidisciplinary collective ijtihad, and harmonization between Islamic legal values and public policy. Nevertheless, its implementation faces methodological, epistemic, institutional, and legitimacy challenges. This study highlights the urgency of integrating maslahah principles into public policy design to ensure that demonstrations remain safe, dignified, and free from provocation.
Islamic Judiciary in Human Rights: A Review from the Perspective of Maqasid al-Shariah Muhajir M; Kurniati K; Zulhasari Z
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 9 (2026): April 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20050851

Abstract

This study examines the implementation of Human Rights (HAM) in Indonesia from the perspective of Islamic justice through the lens of Maq??id al-Syar?'ah. Using a normative-empirical method, this research analyzes the gap between the normative aspects (the 1945 Constitution and Law No. 39/1999) and the empirical reality of human rights enforcement in the field. The findings indicate that, formally, Indonesia's human rights regulations are aligned with the principles of Maq??id al-Syar?'ah, particularly in protecting five essential aspects: religion, life, intellect, lineage, and property. However, implementation still faces structural, cultural, and political challenges, resulting in inequalities of justice, discrimination, and weak protection for vulnerable groups. The main opportunities lie in constitutional support and local values, while the solutions offered by Maq??id al-Syar?'ah include integrating the value of public interest (maslahah) into legal policies, human rights education for the public, law enforcement training, cross-cultural and interfaith dialogue, and strict sanctions for violators. This study concludes that systematic alignment between norms and practice through a maq??id approach is necessary for justice to be felt equally by all citizens.
Implementasi Qisas dan Diyat dalam Sistem Hukum Pidana Indonesia: Analisis Normatif Terhadap Kompatibilitas Syariat Islam dengan Hukum Positif Muh Ihkhsan; Kurniati K; Musyfikah Ilyas
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.18160625

Abstract

The transformation of Indonesian criminal law through Law Number 1 of 2023 opens opportunities for integrating Islamic sharia values within the national legal pluralism framework. This research examines the compatibility of qisas and diyat concepts with Indonesia's positive punishment system through a normative juridical approach analyzing philosophical convergence, juridical legitimacy, and sociological acceptability. Qisas as proportional retributive sanction and diyat as financial compensation represent a restorative justice paradigm aligned with contemporary punishment theories. Analysis of Articles 2, 51-52, and 96-97 of the new Criminal Code demonstrates that national legislation has accommodated living law in society, including religious values, as the basis for criminal case resolution. Philosophical convergence is identified through alignment between maqasid al-shariah (al-zajr, al-tashfiyah, al-islah) and national punishment objectives emphasizing preventive, rehabilitative, and restorative aspects. Juridical legitimacy is strengthened by the implementation experience of qanun jinayat in Aceh Province based on Law Number 11 of 2006 concerning Aceh Governance. The recommended implementation model encompasses diversion and restorative justice mechanisms for case resolution through penal mediation, formal application in autonomous regions, and integration of diyat as alternative sanction with judicial discretion
Co-Authors Arwinni Eka Putri Ahmad Eril, Eril Fadly F Misbahuddin Misbahuddin Muh Ihkhsan Muh. Rakasiwi A. Gazali Muhajir M Muhammad Afif Muhammad Aqsho Che Athoriq R Musyfikah Ilyas Najwa Fakhira Hisbuddin Nurul Alfatihah Rahman Zulhasari Z Zulhas’ari Mustafa