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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Qisthosia Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Dalle, Jumarni
Universitas Islam Negeri Alauddin Makassar
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PIDANA MATI PERSPEKTIF HUKUM ISLAM: ANTARA KEADILAN DAN HAK ASASI MANUSIA Dalle, Jumarni; Hasan, Hamzah; Haddade, Abdul Wahid
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 6 No 2 (2024): Volume 6, Nomor 2, Desember 2024
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v6i2.7716

Abstract

The death penalty in Islamic law holds significant importance as a form of justice for serious crimes such as intentional murder, adultery by a married person, robbery, apostasy, and rebellion. From the perspective of Islamic law, the death penalty is not only intended to serve as a deterrent but also as a means to uphold justice for the victim, the victim’s family, and society at large. While there are views that associate the death penalty with violations of human rights, in Islamic law, its application is based on the principle of justice, which must be proportionate to the crime committed, while considering the public benefit. The application of the death penalty, whether as hudud, qishash, or ta'zir, demonstrates that justice in Islam is not only retributive but also preventive, aimed at maintaining social balance. This study aims to examine the application of the death penalty in Islamic law from the perspectives of justice and human rights. The findings show that the death penalty serves as an instrument of justice that protects the rights of society and victims from the threat of serious crimes, while upholding the principles of justice and public benefit in its implementation.
RELEVANSI MAQĀṢID AL-SYARĪ’AH DALAM KONTEKS HUKUM ISLAM KONTEMPORER: SEBUAH KAJIAN TEORITIS DAN APLIKATIF S, Samsidar; Supardin, Supardin; Dalle, Jumarni; Ishak, Nurfaika; Suhartati, Suhartati
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 7 No 1 (2025): Volume 7, Nomor 1, Juni 2025
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v7i1.9333

Abstract

The objective of this study is to explore and analyze the application of maqāṣid al-syarī'ah in the context of contemporary Islamic law, with a focus on how maqāṣid principles can be applied to address the challenges faced by Islamic law today. In an era of globalization and rapid social change, many aspects of Islamic law need to be adapted in order to remain relevant and responsive to the needs of modern society.. The aim of this research is to explore and analyze the application of maqāṣid al-syarī'ah in formulating fairer and more relevant laws, as well as to provide applicable examples of how these principles can be used in real cases, such as family law and sharia economics. Using a kualitatif approach, this study analyzes relevant literature and legal documents. The results indicate that the application of maqāṣid al-syarī'ah can not only improve adherence to Islamic law but also provide innovative solutions for complex contemporary problems. It is hoped that this research can make a significant contribution to the development of Islamic law that is more responsive and inclusive, as well as strengthening understanding of maqāṣid al-syarī'ah in a modern context.
Eksploitasi Hutan sebagai Kejahatan Ekologis dalam Perspektif Hukum Islam: Forest Exploitation as an Ecological Crime: An Islamic Law Perspective Jumarni Dalle; Inda Sari Palinrungi; Rahman
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 7 No. 1 (2026): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v7i1.2904

Abstract

Forest exploitation is a serious issue that directly impacts environmental degradation, public safety, and the sustainability of natural resources. To date, forest exploitation has largely been understood as an administrative and policy-related issue in natural resource management, resulting in limited legal accountability. This article aims to analyze the legal status of forests within the perspective of Islamic law and to formulate a framework of criminal liability for forest exploitation that harms public interests. This study employs a normative juridical approach through library research, utilizing primary sources such as the Qur’an and Hadith, as well as secondary sources including literature on fiqh jināyah and legal maxims. The findings indicate that forests in Islamic law can be classified as part of public ownership (milkiyyah ‘āmmah), whose management constitutes a state trust for public welfare. Forest exploitation that causes environmental damage and social harm can be analyzed as an act involving elements of fasād fī al-arḍ and, through legal reasoning (istinbāṭ), can be classified as a ta‘zīr offense. The novelty of this study lies in the expansion of criminal liability, which not only applies to individuals and corporations as direct actors but also extends to the state in cases of administrative negligence and abuse of authority. Thus, Islamic criminal law provides an adaptive framework for addressing modern ecological crimes based on the protection of public welfare.
KEKERASAN SEKSUAL DALAM KELUARGA DAN SANKSINYA DALAM HUKUM PIDANA ISLAM Jumarni Dalle; Samsidar S; Fahri Abdullah; Anna Rahma Syam
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 8 No 1 (2026): Volume 8, Nomor 1, Juni 2026
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v8i1.11568

Abstract

Sexual violence within the family is a serious crime that often remains hidden because it occurs in a private sphere and involves perpetrators who have close relationships with the victims. This study aims to analyze sexual violence within the family as a jarīmah from the perspective of Islamic criminal law and to examine the relevance of sanctions that can be applied to protect victims and prevent similar offenses. This research employs a library research method with a normative-analytical approach through the examination of fiqh jināyah literature, Islamic criminal law theories, and contemporary studies on family-based sexual violence. The findings reveal that sexual violence within the family should not be viewed merely as a moral issue or private matter but as a criminal act that violates the objectives of Islamic law (maqāṣid al-sharī‘ah), particularly the protection of life, honor, and lineage. Contributing factors include weak religious understanding, violations of privacy and modesty boundaries, exposure to sexually explicit digital content, economic pressures, and permissive social environments. Within Islamic criminal law, ta‘zīr sanctions are considered the most appropriate mechanism due to their flexibility in allowing the state to impose proportional punishments, including harsher penalties for perpetrators who are mahram relatives or hold authority over the victims. Therefore, Islamic criminal law remains relevant in strengthening family protection through education, prevention, and effective law enforcement.
Melampaui Pelaku: Meninjau Kembali Subjek Hukum dalam Politik Uang Melalui Siyāsah Dustūriyyah dan Peraturan Pemilu Indonesia Palinrungi, Inda Sari; Dalle, Jumarni; Rasdiana, Rasdiana; Alimuddin, Hardiyanti
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.65401

Abstract

Money politics remains one of the most persistent electoral violations hindering the realization of democratic, free, and fair elections in Indonesia. Although Indonesia's election laws prescribe criminal sanctions for such practices, the legal construction of criminal liability remains limited to specific categories of offenders. This issue has gained renewed attention following Constitutional Court Decision No. 59/PUU-XXII/2024, which rejected the proposed expansion of the legal subject of money politics offenses on the grounds that such reform falls within the legislature's open legal policy. This study aims to examine the legal subject of money politics under Indonesia's election regulations and to reassess its construction through the perspective of siyasah dusturiyyah. This study employed normative legal research using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively through a descriptive-analytical method by examining Law No. 7 of 2017 on General Elections alongside its constitutional development through Constitutional Court Decision No. 59/PUU-XXII/2024. The findings indicate that the existing legal framework primarily imposes criminal liability on direct perpetrators and does not comprehensively encompass other actors involved in the chain of money politics, including intermediaries, political beneficiaries, and affiliated parties. Constitutional Court Decision No. 59/PUU-XXII/2024 maintains this legal construction by recognizing the expansion of legal subjects as a matter of legislative policy. From the perspective of siyasah dusturiyyah, however, such limitations do not fully reflect the principles of justice, public welfare, accountability, and constitutional responsibility, as all parties contributing to electoral corruption should be subject to legal accountability. Reformulating Indonesia's election regulations is necessary to broaden the legal subject of money politics beyond direct perpetrators to include all actors contributing to electoral violations. Such reform would strengthen law enforcement, enhance electoral integrity, and promote democratic governance consistent with the principles of siyasah dusturiyyah.
Reinterpretasi Konsep Maṣlaḥah Dalam Mazhab Mālikī dan Relevansinya Terhadap Problematika Hukum Islam Kontemporer: A Reinterpretation of the Concept of Maṣlaḥah in the Mālikī School and Its Relevance to Contemporary Issues in Islamic Law Suandi Suandi; Jumarni Dalle; Nurchaliq Majid; Inda Sari Palinrungi; Rasdiana; Kasmanita
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2066

Abstract

This article examines the reinterpretation of maṣlaḥah in the Mālikī School of Law and its relevance to contemporary Islamic legal issues in a global context. It departs from the tension between textual-normative reasoning and the increasing need to contextualize Islamic law. The study argues that maṣlaḥah is not merely a utilitarian instrument, but a methodological principle rooted in the Mālikī uṣūl al-fiqh tradition and oriented toward the realization of maqāṣid al-sharīʿah. Historically, maṣlaḥah developed through three phases. The first was a practical phase grounded in the social reality of Madinah and the tradition of ʿamal ahl al-Madīnah. The second was a systematic phase in which maṣlaḥah was integrated with the maqāṣid framework, especially in medieval legal thought. The third was a contemporary phase marked by the demand for contextual reinterpretation. Using library research and a conceptual-historical approach, this article analyzes the thought of Mālikī scholars, especially Mālik ibn Anas and al-Shāṭibī, and its development in contemporary scholarship. This study finds that many previous works discuss maṣlaḥah in a normative, abstract, and cross-madhhab manner, which obscures the distinctive epistemological character of the Mālikī tradition. The findings show that reinterpretating Mālikī maṣlaḥah through maqāṣid al-sharīʿah provides a controlled evaluative framework for addressing global issues, such as human rights, social justice, bioethics, public governance, and digital technology ethics. This article contributes a systematic and applicable framework for moderate, contextual, and substantively just Islamic legal ijtihad, while preserving legal continuity, methodological accountability, and the normative authority of Islamic law in modern societies.
Co-Authors Abdul Wahid Haddade Alimuddin, Hardiyanti Anna Rahma Syam Fahri Abdullah Hamzah Hasan Inda Sari Palinrungi Inda Sari Palinrungi Kasmanita Nurchaliq Majid Nurfaika Ishak Palinrungi, Inda Sari Rahman Rasdiana Rasdiana, Rasdiana S, Samsidar Samsidar S Suandi Suandi Suhartati Suhartati Supardin