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Dayrobi, Mhd
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Maqasid Syariah Perspective Abu Hamid Muhammad Bin Muhammad Al-Ghazali Dayrobi, Mhd; Tanjung, Dhiauddin
AMK : Abdi Masyarakat UIKA Vol. 3 No. 3 (2024): SEPTEMBER
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/amk.v3i3.2218

Abstract

Maqasid sharia, if traced from its development, has existed since the time of Rasulullah SAW. Even though at that time the theme of maqasid syari'ah had not been clearly stated, at least maqasid syari'ah had provided color and contribution to Islamic legal legislation in accordance with the objectives of establishing Islamic law. This research aims to describe Imam Ghazali's thoughts regarding maqasid Sharia. This research is library research and is included in descriptive research and is a type of bibliographic research because it tries to collect data, describe and analyze Imam al Ghazali's thoughts regarding maqashid sharia. In this research, it is concluded that Imam al-Ghazali's Maqasid Syari'ah Thought can be traced from his books, especially in the book al-Mustasfa min Ilmi al-Usul. He classifies maslahah based on whether the syara' is accepted or not accepted into 3 (three) types, namely Maslahat al-mu'tabarah (benefits that are justified by the syara'), Maslahat mulgah (benefits that are rejected by the nashsyara'), and Maslahah murlahah (benefits that are not justified and not canceled by Sharia'). Al Ghazali also divided the levels of maqasid sharia into 3 (three), namely the levels of daruriyah (primary needs), al-hajjiyat (secondary needs) and tahsiniyat (tertiary needs). Of these three levels, only the emergency level can serve as a guide in determining Islamic law. Meanwhile, at the hajiyat and tahsiniyat levels, they cannot be used as guidelines in determining laws unless they are strengthened by evidence.
IMPLEMENTASI RESTORATIVE JUSTICE TERHADAP PENYELESAIAN KASUS ANAK BERHADAPAN DENGAN HUKUM DI POLRES MADINA DALAM PERSPEKTIF HUKUM ISLAM Dayrobi, Mhd; Yamamah, Ansari; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 9 No 1: Sharia Economics
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v9i1.8908

Abstract

This research is motivated by the need for a more humanistic approach toward children in conflict with the law compared to the conventional criminal justice system, which tends to be punitive. The main objective of this study is to examine the implementation of restorative justice at the Mandailing Natal Police, identify its supporting and inhibiting factors, and analyze it within the framework of Islamic law. This study employs a qualitative method with a juridical-sociological approach. Data were collected through interviews, observations, and documentation involving law enforcement officers and related parties. The findings reveal that restorative justice has been applied primarily to minor offenses such as theft and minor assault through penal mediation involving the offender, the victim, and their families. Supporting factors include a strong legal foundation and local cultural values that uphold peace and reconciliation, while inhibiting factors consist of limited investigative resources and a lack of public understanding. From the perspective of Islamic law, restorative justice aligns with the principles of islah (reconciliation), afwu (forgiveness), and diyat (compensation), which emphasize the restoration of social relationships and the achievement of communal welfare. Therefore, the implementation of restorative justice at the Mandailing Natal Police reflects a harmony between positive law and the moral values of justice in Islam.
Co-Authors Ramadhan Syahmedi Siregar Tanjung, Dhiauddin Yamamah, Ansari