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All Journal Shar-E: Jurnal Kajian Ekonomi Hukum Syariah SANGAJI: Jurnal Pemikiran Syariah dan Hukum Jurnal Andi Djemma I Jurnal Pendidikan MADDIKA: Journal Of Islamic Family Law Journal of Indonesian Sharia Economics Media Hukum Indonesia (MHI)
Mustafa, Zulhas’ari
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Objectives of Law from a Juridical-Normative Perspective and Their Implications in the Contemporary Era J, Jumriani; Talli, Abd. Halim; Mustafa, Zulhas’ari
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.18145557

Abstract

This study examines how the juridical-normative perspective and the concept of maqāṣid al-sharī‘ah work together to understand the objectives of law in the contemporary era. While maqāṣid al-sharī‘ah emphasizes the protection of religion, life, intellect, lineage, and property as the fundamental aims of Islamic law, the juridical-normative approach views law as a set of standards that must be followed to ensure certainty and order. The findings indicate that both approaches complement each other in achieving justice, benefit, and legal certainty. Modern dynamics—such as digitalization, blockchain technology, personal data protection, and legal institutional reform—require more contextual and adaptive interpretation. Integrating the values of maqāṣid into positive law is considered capable of enhancing the legal system’s responsiveness to social developments and societal demands. This study concludes that strengthening maqāṣid al-sharī‘ah within regulations and judicial practices is a strategic step toward building a legal system that is humanistic, transformative, and oriented toward public welfare.
Pendekatan Hermeneutik terhadap Alat Bukti Sumpah dalam Peradilan Islam Nafisya, Zahwah Aulia; Talil, Abdul Halim; Mustafa, Zulhas’ari
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18376859

Abstract

An oath is one of the recognized forms of evidence in the Islamic judicial system and possesses distinctive characteristics as it integrates legal, moral, and religious dimensions. In practice, oaths are often positioned as a last resort when other forms of evidence are insufficient, giving rise to debates concerning legal certainty and substantive justice. This article aims to examine the concept and legal standing of oaths as evidentiary instruments in Islamic courts and to analyze their meaning and function through a hermeneutical approach. This study employs a library research method with normative and sociological approaches, drawing on classical fiqh literature, scholarly journals, and previous studies. The findings indicate that an oath functions not merely as a formal evidentiary tool but also as a moral mechanism that binds individuals to honesty and spiritual responsibility. The hermeneutical approach enables a more contextual understanding of oaths by considering social contexts, the objectives of Islamic law (maqāṣid al-sharī‘ah), and the dynamics of modern society. The implications of this approach emphasize that truth and justice in Islamic legal proof cannot be achieved solely through formal procedural mechanisms, but must also accommodate substantive justice and social relevance. Thus, the hermeneutical approach plays a crucial role in maintaining the relevance, justice, and humane application of oaths in contemporary Islamic adjudication.
Co-Authors Abdul Halim Talli Achmad Musyahid Idrus, Achmad Musyahid Akmal, Andi Muhammad Amin, Abd Rauf Muhammad Djufri, Andi Takdir Fajri, Ahmad Khairul Fausya, Annisa Halimang, St Hamzah Hasan, Hamzah J, Jumriani Kurniati Kurniati Nafisya, Zahwah Aulia Nisardi, Muhammad Fitrah Syahida Asia Talil, Abdul Halim Talli, Abd. Halim Widianti, Anyta Zulfahmi