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All Journal Jurnal Sains Student Research Jurnal Sahabat ISNU SU
Muhammad Raja
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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.
Review of Islamic Law on Test Tube Babies and Artificial Insemination Livia Maylisandi; Muhammad Raja; Hanif Rahman Adhyaksa
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.v2i3.914

Abstract

This article discusses the phenomenon of in vitro fertilization (IVF) and artificial insemination as part of advances in reproductive technology from the perspective of Islamic jurisprudence. Advances in medical science have enabled couples experiencing difficulty conceiving children to achieve childbearing through scientific methods. However, in Islam, all medical interventions must remain within the bounds of Islamic law, particularly in terms of maintaining lineage, family honor, and marital law. This study aims to explore the limitations and legal provisions regarding the permissibility of IVF and artificial insemination practices in Islamic jurisprudence. The research was conducted through a literature review of fatwas from the Indonesian Ulema Council (MUI), the opinions of contemporary scholars such as Yusuf al-Qaradawi, Wahbah azZuhaili, and international fatwa institutions. The results of the study indicate that IVF and artificial insemination are permissible in Islam if they use sperm and ovum from a legally married couple and do not involve third-party donors or surrogate mothers. In conclusion, Islam does not reject modern medical technology as long as it does not conflict with the basic principles of Islamic law, such as maintaining lineage, honor, and clarity of lineage.
Co-Authors Dinda Hanif Rahman Adhyaksa Livia Maylisandi Lulu Malona Siregar Mhd Irsan Akbar Muhammad Hidayat