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All Journal Jurnal Sains Student Research Jurnal Sahabat ISNU SU
Lulu Malona Siregar
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Religion Humanities Law, Crime, Criminology & Criminal Justice Other

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Kontribusi Maqasid Syariah dalam Penetapan Hukuman pada Fiqih Jinayat Muhammad Hidayat; Dinda; Mhd Irsan Akbar; Lulu Malona Siregar; Muhammad Raja
JOURNAL SAINS STUDENT RESEARCH Vol. 3 No. 4 (2025): Jurnal Sains Student Research (JSSR) Agustus
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v3i4.5398

Abstract

The imposition of sanctions in fiqh jināyat (Islamic criminal law) is inseparable from the values and objectives embedded in Maqāṣid al‑Sharīʿah, which aim to realize the common good and ensure the establishment of justice for all humankind. This article aims to explain the role of Maqāṣid al‑Sharīʿah in determining the forms and measures of ʿuqūbāt (penalties) in fiqh jināyat, ensuring that the application of criminal sanctions is not merely retributive but also incorporates the values of prevention, education, and rehabilitation. Through a descriptive‑analytical approach and a literature review method, this discussion focuses on the concept of Maqāṣid al‑Sharīʿah, the classification of penalties in fiqh jināyat, and the relevance of maqāṣid values in shaping more adaptive forms of ʿuqūbāt in the contemporary era. The results of this study reveal that Maqāṣid al‑Sharīʿah serves as a normative foundation that guides the application of criminal penalties in upholding substantive justice. In this context, the implementation of ʿuqūbāt not only acts as a deterrent for offenders, but also protects the five fundamental necessities of human life religion, life, intellect, lineage, and property from all forms of abuse. Grounded in the maqāṣid values, the Islamic criminal justice system can respond to the evolving challenges of the times, including the need to create social harmony and sustainable justice for all segments of society.
Contemporary Jurisprudence: A Study of Jurisprudence on Interfaith Marriage Muhammad Ramadhana; Lulu Malona Siregar; Mhd. Irsan Akbar
Jurnal Sahabat ISNU SU Vol. 2 No. 3 (2025): ISNU Sahabat Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i3.895

Abstract

Interfaith marriage is an issue that has given rise to serious debate in contemporary Islamic jurisprudence. Although there is an explicit text in the Qur'an that permits Muslim men to marry women from the People of the Book (QS. al-Māidah [5]: 5), many contemporary scholars such as Yusuf al-Qaradawi and Quraish Shihab consider this permissibility to be contextual and not absolute. In the context of modern society that is increasingly plural and secular, interfaith marriage is seen as threatening household stability, children's education, and the preservation of Islamic faith within the family. Therefore, contemporary Islamic jurisprudence encourages a review of this permissibility through the maqāṣid al-syarī'ah approach, which emphasizes the protection of religion, offspring, and household harmony. In Indonesia, this issue is also affirmed in positive law as stipulated in Law Number 1 of 1974 concerning Marriage, which requires marriages to be conducted according to the laws of each religion. This paper aims to analyze the views of classical schools of thought and the thoughts of contemporary Islamic scholars on the practice of interfaith marriage and evaluate its relevance in the social and legal context of contemporary Indonesia. This research uses a normative qualitative approach with descriptive-analytical methods on fiqh texts and laws and regulations.
Co-Authors Dinda Fitrah Ade Dikiansyah Mhd Irsan Akbar Mhd. Irsan Akbar Muhammad Hidayat Muhammad Raja Muhammad Ramadhana