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P, Patimah
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Pidana Mati Terhadap Tipikor Perspektif Fikih Islam Amir, Nurhikma; Shuhufi, Muhammad; P, Patimah
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11624143

Abstract

This article discusses how the death penalty for corruptors is based on Islamic law, what the theory of punishment in Islamic law is for criminal acts of corruption, and what the death penalty for corruptors is in Islamic law. The research method used is library research, namely by searching and collecting data from libraries such as history books. The results of this research are that according to the Islamic perspective, corruption is part of the study of jinayah fiqh and is included in the category of criminal acts. In Jinayah defines the meaning of corruption, namely Ghulul (embezzlement), Risywah (bribery), Ghasab (forcibly taking other people's rights), Sariqah (theft), Hirabah (robbery), and al-Maks (illegal levies). There are two theories of punishment in Islamic law regarding the death penalty for corruptors, namely zawajir (prevention) and jasar (coercion). In Islamic law, the death penalty can be applied in three forms, namely, qishàsh, hudud and ta`zìr.
Digital Fiqh: Contextualizing Digital Media (The Law of AI and Big Data) R, Rahmatullah; Haddade, Abdul Wahid; P, Patimah
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18131939

Abstract

The development of digital technology has given rise to various new phenomena in the social, economic, and religious lives of Muslims. This condition calls for a methodological renewal in understanding Islamic law that is adaptive to changing times. This article discusses the reconstruction of digital fiqh as an effort to apply the principle of ta?b?q al-a?k?m ‘al? al-naw?zil (the application of legal rulings to new issues), grounded in naql? (textual) evidence, ‘aql? (rational) reasoning, and ijtih?diyyah legal maxims. The study finds that the conceptual foundation of digital fiqh encompasses the values of trustworthiness (am?nah), responsibility, and the prohibition of causing harm to others, as emphasized in the Qur’an and the Sunnah. The contextualization of digital fiqh is divided into four main areas: fiqh al-ma‘l?m?t (fiqh of information), fiqh al-mu‘?mal?t al-raqmiyyah (fiqh of digital transactions), fiqh al-da‘wah al-raqmiyyah (fiqh of digital da‘wah), and fiqh al-akhl?q al-raqmiyyah (fiqh of digital ethics). U??l? and maq??id? approaches are employed to ensure that the principles of ?if? al-d?n, al-‘aql, al-m?l, al-nafs, and al-‘ir? are preserved in cyberspace. The main challenges faced include epistemological, methodological, and practical issues in establishing new technology-based legal rulings. This article recommends integration between Islamic scholars, IT experts, and regulators; the development of a digital fiqh curriculum in Islamic educational institutions; and the formulation of a codified Digital Media Fiqh as a guide to cyber ethics for Muslims.
Demokrasi Pemerintahan dan Etika Revolusi dalam Bingkai Fiqh Politik Islam Taqwim, Andi Ahsan; Haddade, Abd. Wahid; P, Patimah
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18149517

Abstract

The study of Islamic political jurisprudence (fiqh siyasah) has become increasingly relevant in addressing the dynamics of modern governance characterized by democratization, demands for justice, and the emergence of political change and revolutionary movements. This paper aims to analyze the concept of democratic governance and the ethics of revolution within the framework of Islamic political jurisprudence, emphasizing core Islamic principles such as shura (consultation), justice, public welfare (maslahah), and amar ma‘ruf nahi munkar (enjoining good and forbidding evil). This research employs a qualitative normative approach through a literature review of classical and contemporary sources in Islamic law. The findings indicate that fiqh siyasah functions as a normative instrument regulating the relationship between rulers and the people, emphasizing trust (amanah), justice, and moral responsibility in the exercise of power. Fiqh at-thawrah in Islam is not understood as an unconditional legitimation of rebellion, but rather as an ethical framework for socio-political change that must consider the objectives of Islamic law (maq??id al-shar?‘ah) and avoid greater harm (mafsadah). Democracy, from the perspective of Islamic political jurisprudence, is acceptable as an ijtih?d-based mechanism insofar as it serves as a means to realize justice, public participation, and accountability of authority, without negating the sovereignty of divine law. Meanwhile, the system of governance in Islam is flexible and contextual, provided that it remains grounded in the principles of shura, justice, and public welfare. Thus, Islamic political jurisprudence offers an ethical and normative paradigm for the development of just, democratic, and morally grounded governance in the modern era.
Co-Authors Amir, Nurhikma Haddade, Abd. Wahid Haddade, Abdul Wahid Muhammad Shuhufi, Muhammad R, Rahmatullah Taqwim, Andi Ahsan