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All Journal Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora
Ferdiansa Putra
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Istinbath Hukum Imam Syafi’i dalam Pemecahan Kasus Pelecehan Seksual di Indonesia Muh. Aqsho Che Athoriq. R; Ferdiansa Putra; Rangga Mahesa; Kurniati Kurniati
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 3 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i3.1385

Abstract

This study examines the legal istinbath method applied by Imam Syafi'i, especially in the context of solving sexual harassment cases in Indonesia. Legal identity, which etymologically means the excavation of law by deep reasoning, is used to determine the law in matters that are not directly regulated by the Qur'an and Hadith. Imam Shafi'i, through his major works such as "Al-Umm" and "Al-Risalah," explains the basic principles and methodologies used to establish the law by incorporating the main sources of Islamic law, namely the Qur'an, Hadith, Ijma', and Qiyas. This study uses a qualitative method with descriptive analysis of primary and secondary sources, including books and scientific articles that discuss the istinbath method of Imam Shafi'i. The results of the study show that the legal principles generated by this method are very relevant and adaptive in dealing with modern cases such as sexual harassment, which is often triggered by patriarchal culture. Imam Shafi'i's method of legal istinbath, which prioritizes the hierarchy of legal sources and the use of sharp reason, has proven to be able to adapt to the times and continues to be useful in solving modern legal problems. This research also highlights the views of contemporary scholars who provide a new interpretation of this classical method, demonstrating the relevance and effectiveness of the legal istinbath method in dealing with contemporary issues. Thus, this study concludes that the istinbath method of Imam Shafi'i law is a very useful tool to ensure justice and benefits in solving sexual harassment cases in the modern era.
Simbolisme Haji dan Emas dalam Falsafah Haji Bugis : Perspektif Hukum Islam Anjas Saputra; Muhammad Mulyadi; Ferdiansa Putra; Kurniati Kurniati
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i2.1232

Abstract

In Bugis society, the Hajj pilgrimage holds deep meaning, symbolizing both spiritual and social status. The symbols of ‘Aji’ and gold are often used to affirm a person's elevated position after completing the Hajj, indicating a rise in their social standing. This study is crucial to understanding how the Hajj influences the social and spiritual structure of Bugis society. This article aims to explore the symbolic meaning of ‘Aji’ and gold in the context of post-Hajj social-spiritual status within the Bugis community. The research utilizes library research methods with Islamic law and social anthropology approaches to analyze the relationship between the Hajj and social status. The findings indicate that the title ‘Aji’ not only symbolizes piety but also enhances the individual’s social status within the community. Gold as a status symbol further reinforces this social influence, creating a new hierarchy based on spiritual and economic achievements. Academically, it is recommended to view this phenomenon as an integration between religious values and local culture, and to deepen cross-disciplinary studies on the role of Hajj in the social structures of Muslim communities.
Co-Authors Anjas Saputra Kurniati Kurniati Muh. Aqsho Che Athoriq. R Muhammad Mulyadi Rangga Mahesa