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All Journal Nusantara: Journal Of Law Studies MILRev: Metro Islamic Law Review
Bariah Safrut
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Rethinking Law and Justice: The Core Principles of Critical Legal Studies against Legal Formalism Setyawan, Vincentius; Bariah Safrut
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17332128

Abstract

The core idea of Critical Legal Studies is that law is not a neutral and objective system but is influenced by social, political, and economic factors. This perspective challenges the Legal Formalism doctrine, which holds that the law should be applied consistently in accordance with existing rules, without regard to social or political context. This article will explore the key ideas of Critical Legal Studies and its critique of the Legal Formalism school of thought. The article is written based on research using a normative legal research method with a philosophical approach. The research findings highlight that Critical Legal Studies' critique of Legal Formalism begins with the reality that its implementation leads to law enforcement that neglects the values of justice, equality, and equity in everyday life. Critical Legal Studies seeks to establish a legal system that is more just and responsive to the public's need for justice in their daily reality. This study contributes to legal theory by reaffirming that law cannot be separated from its socio-political and economic contexts. Through a normative legal research method with a philosophical approach, this article reconstructs the understanding of justice beyond the rigidity of Legal Formalism. It highlights that the Critical Legal Studies movement provides a transformative framework for developing a more contextual, equitable, and human-centered legal system, offering a significant alternative paradigm within contemporary legal philosophy.
The Concept of Nationhood and the Implementation of Hadith on Nationalism in the Salafi Perspective: A Critical Study of Contemporary Islamic Law Suwarjin; Iim Fahimah; M. Aziz Zakiruddin; Bariah Safrut
MILRev: Metro Islamic Law Review Vol. 3 No. 2 (2024): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v3i2.9865

Abstract

This study critically examines the concept of nationhood and nationalism as understood by the Salafi group and analyzes the implementation of hadiths related to nationalism within the framework of contemporary Islamic law. Using a qualitative field research approach, the study focuses on approximately 200 Salafi adherents spread across Java and Sumatra. Informants were selected through purposive sampling, and data collection methods included interviews, surveys, and documentation. The research uncovers diverse interpretations of nationhood and nationalism within the Salafi community. A minority of Salafi adherents view nationalism as lacking a strong foundation in Islamic law, considering it a secular concept incompatible with Shari'ah. However, the majority, influenced by contextualist approaches in contemporary Islamic jurisprudence, argue that nationalism aligns with Islamic principles, particularly when understood as a form of maslahah and ukhuwwah wathaniyyah. This perspective is supported by contemporary Islamic scholars who emphasize protecting societal harmony and national unity as part of maqasid al-shari'ah. In practice, Salafi adherents demonstrate their acceptance of nationalism through various socio-religious activities. For instance, Salafi educational institutions integrate the study of Indonesia's independence history into their curriculum, emphasizing the moral responsibility of contributing to national welfare. This study makes academic contributions by providing a deep understanding of how contemporary Salafi groups connect Islamic teachings with modern concepts of nationhood, enriching the discourse on the adaptability of Islamic law in addressing contemporary socio-political challenges, and offering a practical framework for integrating religious values with national identity. It also contributes to discussions on pluralism and nation-building within an Islamic context.
Co-Authors Iim Fahimah M. Aziz Zakiruddin Setyawan, Vincentius Suwarjin