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All Journal Ekspose: Jurnal Penelitian Hukum dan Pendidikan Jurnal Al-Dustur Madani: Multidisciplinary Scientific Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
K, Kurniati
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Pengelolaan Konflik Kepentingan di Lembaga Legislatif Prespektif Siyasah Syar’iah M, Mutmainnah; Pratama, Raffi Farid Amar; K, Kurniati
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 7 (2024): Madani, Vol 2. No. 7, 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12553560

Abstract

In the context of conflicts of interest in legislative institutions, the Islamic legal perspective highlights the moral and ethical principles that underlie the duties of leaders and decision makers. This research explains that integrity, honesty and justice are very important values in making public policies according to Islamic teachings. In this research, what will be studied is what is the perspective of Islamic law in handling and resolving social conflicts? And what are the conflicts of interest in legislative institutions from an Islamic legal perspective? The research method used in this research is a qualitative research method using books, journals and several legal regulations as primary data in this research. In conclusion, the results of this research explain that conflicts in government institutions can be overcome if the implementation adopts sharia values, one of which is transparency. This can prevent conflicts within the Institution.
Maqasid al-Syar’iah Sari, Dian Amelia; Rahman, Ahmad Fadly; K, Kurniati
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 9 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13731844

Abstract

The discussion of Maqashid Al-Syari'ah, or the purpose of Islamic law, is an important discussion that has received great attention from Islamic scholars and legal experts. Some scholars include this topic in the study of ushul fiqh, while others discuss it as a separate material and expand it in the context of Islamic legal philosophy. If examined, all of Allah's commands and prohibitions in the Qur'an, as well as the teachings and prohibitions of the Prophet Muhammad SAW in the sunnah which are arranged in fiqh, clearly have a specific purpose and none of them are in vain. All these rules have deep wisdom, namely as a form of mercy for humanity, as confirmed in several verses of the Koran, including Surah Al-Anbiya' verse 107 which explains the purpose of the sending of the Prophet Muhammad. In this verse, mercy for all nature is defined as the benefit of the people. In simple terms, benefit can be interpreted as something that is good and accepted by common sense. The meaning of "accepted by reason" shows that reason is able to understand the motives behind the enactment of a law, namely because the law brings benefits to humans, either by direct explanation from Allah or through a process of rationalization.
INTEGRATION BETWEEN REASON AND REVELATION IN THE GROUNDING OF ISLAMIC LAW IN THE CONTEMPORARY ERA J, Jumarni; M, Misbahuddin; K, Kurniati
Jurnal Al-Dustur Vol 7 No 2 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i2.7704

Abstract

The purpose of this study is to investigate the formulation of the dilemma concerning the incorporation of revelation and reason in the foundation of Islamic law in the contemporary era. The inquiry that has been posed for investigation is as follows: In what ways might the combination of reason and revelation have an impact on the evolution of Islamic law in the present day? The method that is utilized is library research with a descriptive-analytical approach. In this method, the author examines relevant material in order to get insights into this integration. The findings of this study suggest that the combination of reason and revelation has the potential to not only offer solutions to the problems that are currently confronting Islamic law, but also to encourage the construction of laws that are more sensitive to the advancements that have occurred in the areas of social governance, politics, and the economy. It is anticipated that this research will make a contribution to the creation of Islamic law that is both adaptable and just in the context of the modern world.
Kesetaraan Gender dalam Hukum Islam: Implikasi Wanita Karir di Era Digital Rimbawan, Israh Dwi; Sanallah, Muh.; A, Ardiwansa; K, Kurniati
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 2, No 4 (2024): November
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14040258

Abstract

Gender equality in Islamic law plays an important role in supporting women’s participation in the professional world, especially in the digital era which offers many new opportunities. Even though the principle of equal rights and obligations is recognized, women often face challenges in the form of their dual roles as professionals and housekeepers, as well as obstacles related to social standards. Gender equality means that men and women have the same rights and responsibilities in the work environment. Islamic law, which regulates all aspects of life, strives to remain alive along with the times. This research is qualitative in nature and collects data through literature study and descriptive approaches. The collected data was then analyzed using a gender analysis approach. The results of this research show that Islamic law supports gender equality and recognizes women’s rights and responsibilities, including in their careers. In the digital era, opportunities for women to develop careers are increasingly open. Technology provides space for women to have a career from anywhere. Career women are not prohibited in Islam, as long as their professional activities are in accordance with the provisions of the Shari’a and Islamic principles. Islamic law allows women to play an active role in society without ignoring religious values.
Implementasi Kaidah Ushuliyyah Dalam Transaksi Keuangan Modern: Bunga Bank Dalam Perbankan Syariah Ramadani, Tasya Almutia; Kamila, Selma Zahra; Ikhsan, Akmal; K, Kurniati
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 3 (2025): April 2025
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15226886

Abstract

Ushuliyyah rules are the basis for understanding Islamic law which is very important to study. This article aims to explain the main concepts in ushuliyyah rules such as Manthuq and Mafhum, Dzahir and Muawwal, Nasakh, and Muradif and Musytarak. The research method uses a qualitative approach with literature study as the main data source. Research findings show that a deep understanding of the rules of ushuliyyah is very crucial for the development of dynamic and contextual Islamic fiqh. This study finds that the application of ushuliyyah rules in contemporary cases, such as legal interpretations of modern financial transactions, provides relevant and contextual solutions. These conclusions provide an important academic contribution to the study of ushul fiqh as well as offering suggestions for further research in this area.
Provokasi Aksi Massa dan Solusi Ijtihad Istislahi di Indonesia Athoriq R, Muhammad Aqsho Che; K, Kurniati
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.
Dinamika Gender Dalam Pertanian : Menganalisis Kontribusi Perempuan Dalam Pembangunan Perekonomian Perspektif Hukum Islam Ardah, Lukman; Mubarak, Kasyful; Mubarak, Husni; K, Kurniati
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 12 (2025): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the role of women in the agricultural sector, which often receives insufficient attention despite their significant contributions to food security and economic development. The research aims to analyze women's contributions in this sector from the perspective of Islamic law, highlighting the social, cultural, and structural challenges they face. The research employs a literature review methodology, encompassing the analysis of various academic sources, Islamic legal documents, and relevant empirical studies. The findings indicate that women play a vital role in every stage of agricultural processes, from production to the distribution of crops. However, barriers such as limited access to land, capital, technology, and education often impede their full potential. Islamic law upholds the principles of gender justice and equality, affirming women's rights to actively participate in economic activities, including agriculture. The study underscores the importance of empowering women through policies that enhance resource access, education, and legal protection while addressing patriarchal norms that restrict their role in decision-making.
Perbedaan Paradigma Pemikiran Ekonomi Islam Kontemporer dan Implikasinya Terhadap Penerapan Sistem Ekonomi Syariah Modern Awalia, Nurhikma; Burhan, Nur Amaliah; K, Kurniati
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.18315719

Abstract

The development of contemporary Islamic economics demonstrates a significant diversity of paradigms of thought, particularly through three main schools of thought: Iqtishaduna (Muhmmad Baqir al-Sadr), which rejects Western economic theory and emphasizes distributional inequality; Mainstream (Chapra, Mannan, Siddiqi), which integrates conventional concepts with sharia values; and Alternative-Critical (Timur Kuran), which criticizes the lack of originality of the islamic system. This study aims to analyze the differences in the characteristics of these paradigms, their critical implications for the implementation of modern Islamic economics, and their values in the context of maqasid al-syariah. Using a descriptive-qualitative approach with a normative-empirical literature study, the analysis is carried out through paradigm mapping, critical evaluation, and transformational reconstruction based on the Qur’an, Hadith, and Islamic economic literature. The results show a gap between normative theory and formalistic practice in Islamic financial institutions, where the dominance of pragmatic approaches has not fully realized social justice. The study recommends a paradigm synthesis for the development of an applicable, inclusive, and sustainable Islamic economy.
Implementasi Qisas dan Diyat dalam Sistem Hukum Pidana Indonesia: Analisis Normatif Terhadap Kompatibilitas Syariat Islam dengan Hukum Positif Ihkhsan, Muh; K, Kurniati; Ilyas, Musyfikah
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
Upholding Gender Justice Principles within the Framework of Islamic Law Aldin, Din Alief Alwan; Alfian, Befri; K, Kurniati
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.18456882

Abstract

The development of gender justice discourse in contemporary Islam demonstrates a significant diversity of paradigms of thought, particularly in responding to the tension between classical fiqh normative texts and modern equality demands. This study aims to analyze the differences in the characteristics of Islamic legal thought paradigms, their critical implications for the implementation of family law, and their values in the context of maqasid al-sharia. Using a descriptive-qualitative approach with a normative-empirical literature study, the analysis is carried out through mapping textual and contextual paradigms, critical evaluation, and transformational reconstruction based on the Qur'an and Hadith. The results show a gap between the ontological principle of equality in the Qur'an and formalistic legal practices that are still influenced by patriarchal culture, where the dominance of textual approaches has not fully realized the benefit (maslahah) for women. The study recommends a paradigm synthesis for the development of applicable, inclusive, and gender-just Islamic law.
Co-Authors A, Ardiwansa A, Asriawan Abd. Rahman Razak Agung, Muh. Aldin, Din Alief Alwan Alfian, Befri Ardah, Lukman Arham, Ghina Ghefira Fadhia Athoriq R, Muhammad Aqsho Che Awalia, Nurhikma Burhan, Nur Amaliah Husni Mubarak Ihkhsan, Muh Ikhsan, Akmal Ikram, Muhammad Furqanul J, Jumarni Kamila, Selma Zahra Khoirun Nisya M, Marilang M, Misbahuddin M, Mutmainnah Mansyur, Nur Islamiah Mubarak, Kasyful Musyfikah Ilyas, Musyfikah Naba, Khair Tasnim Razak Nasrung, Nur Aulia Nurjanna, Sitti Patongai, Alni Avasyah R.A Pratama, Raffi Farid Amar Pratiwi, Ratu Ajeng Qadir Gassing, Qadir Rahman, Ahmad Fadly Rahmat, Anugrah Safitri Ramadani, Tasya Almutia Rimbawan, Israh Dwi S, Sarmila Samsuddin S, Samsuddin Sanallah, Muh. Sari, Dian Amelia Suwandi, Ervina Syamsul, Auliyah Shafira Azzahra Zalsabillah, Annisa