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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Santri : Jurnal Ekonomi dan Keuangan Islam
A. Adillah Zahiyah Djaka
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Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Memahami Makna : Kaidah ‘Amm dan Khash Serta Amr dan Nahi dalam Ushul Fiqih A. Adillah Zahiyah Djaka; Adelia Nurinsan; Muhammad Aldi Dahr; Kurniat Kurniat
SANTRI : Jurnal Ekonomi dan Keuangan Islam Vol. 2 No. 5 (2024): Oktober : SANTRI : Jurnal Ekonomi dan Keuangan Islam
Publisher : Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/santri.v2i5.869

Abstract

Rules in Islam such as Amm and Kash as well as Amr and Nahi are used to understand Islamic law. Where these rules are the basis of Ushul fiqih, which discusses the methodology of determining Islamic law. This study uses a literature research method to understand how these rules are used to understand amm and kash as well as amr and nahi in Ushul fiqih. This data is collected from various written sources such as books, journals, literature and scientific publications. The rule of 'amm and kash' is used to understand the verses of the Qur'an and Hadith. "Amm means general rules and kash means special rules. " Therefore, these rules help determine the laws that apply in general and specifically in Islam. For example, the rule of "amm" can be used to understand verses that are generally applicable to all Muslims, while the rule of khash can be used to understand verses that apply specifically to certain situations. Amr and Nahi are used in understanding Islamic law. Amr means command and nahi means prohibition. These rules are crucial in determining which laws to follow or avoid in Islam. For example, amr can be used to understand the command to pray, and nahi can be used to understand the prohibition of adultery. The results of this study show that the rules of "Amm, Khash, Amr, and Nahi" are very important in enforcing Islamic law. An in-depth study of these rules will help to understand the meaning of sharia statements (Al-Quran and Hadith) more accurately and comprehensively. Misunderstandings in interpreting sharia provisions can be fatal. Therefore, understanding these rules is an important means of avoiding misinterpretation or misleading. This study will also enrich the treasures of Islamic science, especially in the field of Ushul fiqh and Islamic Law. Understanding these rules will help Muslims gain a deeper and more comprehensive understanding of their religious teachings and enable them to practice them more accurately and responsibly. Therefore, this research will help Muslims to face various situations and problems in daily life more wisely.
Eksistensi Perda Syariah sebagai Manifestasi Hukum Islam dalam Sistem Hukum Nasional Rihan Dwi Putri; A. Adillah Zahiyah Djaka; Kurniati Kurniati
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 4 (2025): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i4.5767

Abstract

This study examines the existence of Sharia-inspired Regional Regulations (Perda Syariah) as a manifestation of Islamic law within Indonesia’s national legal system. The emergence of these regulations has increased significantly since the reform era and the implementation of regional autonomy, which granted local governments broader authority to formulate regulations based on local needs and sociocultural values. This research employs a normative-juridical approach combined with descriptive, critical, and transformative analyses to evaluate the legality, legitimacy, and relevance of Perda Syariah within the framework of the Pancasila rule of law. The findings indicate that Perda Syariah is rooted in strong historical and sociological foundations, yet poses normative concerns, including potential discrimination, regulatory disharmony, and the risk of religious politicization at the local level. This study proposes a transformative framework that enables Perda Syariah to reflect religious moral values while remaining aligned with constitutional principles, non-discrimination, and respect for pluralism. Such reform is essential to ensure that Perda Syariah contributes constructively to Indonesia’s legal development without generating social tension or normative conflict.
Co-Authors Adelia Nurinsan Kurniat Kurniat Kurniati Kurniati Muhammad Aldi Dahr Rihan Dwi Putri