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All Journal Nuris Journal of Education and Islamic Studies Jurnal Hukum dan Keadilan
Mappasessu, Mappasessu
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Law, Crime, Criminology & Criminal Justice

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Analysis of the Theory of the Enactment of Islamic Law: Implications and Challenges in the Indonesian Context Mappasessu, Mappasessu; Marilang, Marilang; Akmal, Andi Muhammad
Jurnal Hukum dan Keadilan Vol. 1 No. 4 (2024): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i4.175

Abstract

Applying Islamic law, there needs to be a deep understanding of the theory of the enactment of Islamic law by the principles of national law, justice, and national values, this paper dissects the analysis of the theory of the enactment of Islamic law, How is the conceptual framework of the theory of the enactment of Islamic law in Indonesia, and What is the purpose of understanding the theory of the enactment of Islamic law in Indonesia, using the library research method is a study whose data is in the form of theories, concepts of thoughts and ideas, examining data and events that have occurred among Muslims in Indonesia in previous research, writing books and articles then continued research using relevant legal reasoning methodologies whose results found a condition that we can realize the complexity and challenges in integrating aspects of Islamic law into a country's national legal system,  including in the Indonesian context.
Studying Fiqh Based on the Quran and Hadith in the Modern Era by Revisiting the Methodology of Legal Istinbat Mappasessu, Mappasessu; Akmal, Andi Muhammad
Nuris Journal of Education and Islamic Studies Vol. 5 No. 2: 2025
Publisher : STAI Nurul Islam Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52620/jeis.v5i2.119

Abstract

This study aims to re-examine the normative foundations of the Qur’an and Hadith as the primary sources of Islamic law in responding to contemporary social dynamics and legal challenges. The Qur’an is positioned as a sacred text that contains universal and eternal principles for all humankind, while the Hadith serves as a methodological guide for applying Qur’anic laws to present-day contexts. The study is grounded in the Ma‘na-Cum-Maghza theoretical framework, a contextual approach that emphasizes understanding the substantive meaning and message of the divine texts. This research adopts a qualitative method, employing literature review techniques from both classical and contemporary Islamic legal sources. The findings indicate the necessity for a renewed methodology of istinbat (legal reasoning) that is more responsive to social change, without neglecting the normative authority of Islamic legal sources. These findings are contextualized within the theoretical framework, highlighting the epistemological and methodological implications for the development of fiqh in Indonesia’s legal landscape. This study contributes originality by integrating the Ma‘na-Cum-Maghza approach with istinbat methodology, thereby enriching the discourse of contemporary Islamic legal studies and offering a new direction for lawmaking grounded in maqashid shariah and social justice. The findings provide practical insights for academics, practitioners, and policymakers in the field of Islamic law.
Co-Authors Akmal, Andi Muhammad Marilang Marilang, Marilang