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All Journal qolamuna : Jurnal studi islam Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Nas, Zulkifli
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Islamic Inheritance Law Reform in Indonesia from the Perspective of Islamic Legal Politics: Strategies and Implications Firmansyah, Heri; Nas, Zulkifli
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.10267

Abstract

This research aims to analyze the reform of Islamic inheritance law in Indonesia, with a particular focus on government policies supporting this reform. The study examines legal doctrines in the Compilation of Islamic Law, jurisprudence, Supreme Court guidance letters for religious courts, and fatwas from the Indonesian Ulema Council. Employing a historical and Islamic legal political (fiqh siyasah) approach, it explores the background and dynamics of these reforms. The reform process involves updating legal concepts, norms, and techniques, driven primarily by the executive and judiciary, while legislative bodies are constrained by their inability to pass laws. Non-governmental institutions, particularly the Indonesian Ulema Council, also play a pivotal role. Scientifically grounded methods, such as ijtihad intiqa'i tarjihi and ibda'i insha'i, serve as the foundation for these reforms. The government’s strategies within the Islamic legal-political framework (fiqh siyasah) are (1) developing Islamic inheritance law in line with societal practices, (2) codifying it into legislative products, (3) compiling it into unified legal texts, (4) enacting legal products such as presidential instructions, fatwas, and jurisprudence, (5) involving scholars, officials, and judges in shaping reforms, (6) creating regulations for non-litigious inheritance distribution based on Islamic law, and (7) engaging the community in inheritance practices. This research’s novelty lies in its comprehensive analysis of both governmental and non-governmental roles in reforming Islamic inheritance law through integrative legal-political strategies. Additionally, it highlights the innovative application of ijtihad intiqa'i tarjihi and ibda'i insha'i, contributing to the modernization and contextualization of Islamic inheritance law in Indonesia. The contribution of this research is its exploration of the interplay between legal reform and societal practices, providing a new understanding of the mechanisms that shape Islamic law in contemporary Indonesia. Furthermore, it offers valuable insights into the role of both religious scholars and government authorities in the legal reform process, offering a model for integrating Islamic law with modern legal systems.
Islamic Inheritance Law Reform in Indonesia from the Perspective of Islamic Legal Politics: Strategies and Implications Firmansyah, Heri; Nas, Zulkifli
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.10267

Abstract

This research aims to analyze the reform of Islamic inheritance law in Indonesia, with a particular focus on government policies supporting this reform. The study examines legal doctrines in the Compilation of Islamic Law, jurisprudence, Supreme Court guidance letters for religious courts, and fatwas from the Indonesian Ulema Council. Employing a historical and Islamic legal political (fiqh siyasah) approach, it explores the background and dynamics of these reforms. The reform process involves updating legal concepts, norms, and techniques, driven primarily by the executive and judiciary, while legislative bodies are constrained by their inability to pass laws. Non-governmental institutions, particularly the Indonesian Ulema Council, also play a pivotal role. Scientifically grounded methods, such as ijtihad intiqa'i tarjihi and ibda'i insha'i, serve as the foundation for these reforms. The government's strategies within the Islamic legal-political framework (fiqh siyasah) are (1) developing Islamic inheritance law in line with societal practices, (2) codifying it into legislative products, (3) compiling it into unified legal texts, (4) enacting legal products such as presidential instructions, fatwas, and jurisprudence, (5) involving scholars, officials, and judges in shaping reforms, (6) creating regulations for non-litigious inheritance distribution based on Islamic law, and (7) engaging the community in inheritance practices. This research's novelty lies in its comprehensive analysis of both governmental and non-governmental roles in reforming Islamic inheritance law through integrative legal-political strategies. Additionally, it highlights the innovative application of ijtihad intiqa'i tarjihi and ibda'i insha'i, contributing to the modernization and contextualization of Islamic inheritance law in Indonesia. The contribution of this research is its exploration of the interplay between legal reform and societal practices, providing a new understanding of the mechanisms that shape Islamic law in contemporary Indonesia. Furthermore, it offers valuable insights into the role of both religious scholars and government authorities in the legal reform process, offering a model for integrating Islamic law with modern legal systems.
IMPLEMENTASI PERDA KOTA MEDAN NO. 10/2021 TERHADAP PEDAGANG ASONGAN DAN PENGELAP MOBIL PERSFEKTIF SOSIOLOGI HUKUM DAN SIYAAH DUSTURIYAH Fadila Putri, Vina; Nas, Zulkifli
Qolamuna : Jurnal Studi Islam Vol. 11 No. 02 (2026): Februari 2026
Publisher : STIS MIFTAHUL ULUM LUMAJANG PRESS (STISMU PRESS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55120/qolamuna.v11i02.2637

Abstract

Medan City Regulation Number 10 of 2021 concerning Public Order and Peace is an effort by the local government to regulate public spaces, particularly regarding the activities of street vendors and car washers. However, its implementation still faces structural and cultural obstacles, such as low legal awareness and community economic factors. These problems indicate that public order issues are not only juridical but also social, thus requiring a legal sociology study to assess the effectiveness of the regulation and a siyasah industrial perspective to test its compliance with the principles of justice and public welfare. This research is a non-doctrinal legal research using an empirical (empirical juridical) approach that produces descriptive data through data collection techniques through observation, interviews, and documentation. The data sources obtained are primary and secondary data. Primary data was obtained directly from informants through interviews, namely Civil Service Police Unit (Satpol PP), street vendors, car washers, and motorists at the research location, while secondary data was obtained from relevant references, including fiqh siyasah books, books, and journals. The study results show that the implementation of Medan City Regulation No. 10 of 2021 regarding street vendors and car washers has not been effective. The main obstacles lie in uneven communication due to the mobility of targets and a rigid bureaucratic structure with strict SOPs that limit the actions of officers. Public legal awareness also remains low, characterized by limited understanding and situational compliance. From a siyasa industrial perspective, this policy aims to establish order and public welfare, but its implementation requires a balance between legal firmness and the protection of community economic rights. Keywords: Public Order and Tranquility, Policy Implementation, Siyasah Dusturiyah, Sociology of Law
Efektivitas Perda Kota Medan No. 2 Tahun 2024 mengenai Kewajiban Mempekerjakan Penyandang Disabilitas oleh Pemerintah Daerah Perspektif Siyāsah Dustūriyyah Nurhidayah, Indah; Nas, Zulkifli
Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Vol. 12 No. 1 (2026): Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/alwatzikhoebillah.v12i1.5181

Abstract

This study aims to analyze the effectiveness of Medan City Regional Regulation No. 2 of 2024 regarding the obligation of the Regional Government to employ persons with disabilities from the perspective of siyāsah dustūriyyah. Medan City Regional Regulation Number 2 of 2024 stipulates the obligation for the Regional Government to employ at least 2% persons with disabilities from the total number of employees. This aims to realize inclusivity and equal employment opportunities for persons with disabilities within the governmental environment. This research is a non-doctrinal legal study. The data obtained are qualitative data using a juridical-empirical approach, namely by collecting data through interviews with employees with disabilities and related parties within government institutions. The data obtained were then analyzed qualitatively by linking them with the principles of siyāsah dustūriyyah. The results of the study indicate that the implementation of Medan City Regional Regulation Number 2 of 2024 has not been fully effective. This is due to burdensome administrative requirements, the lack of vocational programs and job training, as well as weak coordination among institutions. From the perspective of siyāsah dustūriyyah, this condition shows that the government's role in realizing public welfare and social justice for vulnerable groups has not been optimal. Therefore, further in-depth study is still needed to ensure that the results of this research are truly objective and in accordance with real conditions in the field, so that the analysis and conclusions drawn are accurate and accountable in line with the principles of public welfare and social justice.
Co-Authors Fadila Putri, Vina Heri Firmansyah Nurhidayah, Indah