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Erly Sulistiyawati
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Journal : Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan

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Kepemimpinan Perempuan dalam Ranah Publik: Analisis Kritis Dalam Pespektif Fikih Siyasah dan Maqashid Syariah Erly Sulistiyawati; Akhmad Zaki Yamani
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol 2 No 1 (2025)
Publisher : PT. Pustaka Andil Lestari

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Abstract

The debate over women's leadership in public office remains a persistent theme in Islamic discourse, spanning both classical and contemporary perspectives. Classical Islamic political jurisprudence (fiqh siyasah) predominantly restricts the highest leadership roles—such as head of state or political leader—to men, rooted in normative textual interpretations and the patriarchal sociocultural context of earlier times. However, contemporary approaches such as maqāṣid al-sharīʿah offer a more inclusive and contextual framework, emphasizing principles of public interest (maṣlaḥah), justice, and individual capability, irrespective of gender. Through a comprehensive literature-based analysis, this study re-examines traditional viewpoints in light of maqāṣid principles and argues that women's involvement in public leadership aligns with the higher objectives of Islamic law. The findings support the urgency of reconstructing Islamic legal thought in a more progressive and contextual direction—one that is capable of addressing modern social dynamics and eliminating gender-biased interpretations. This study thus contributes to the development of a more equitable and inclusive vision of Islamic governance.
JARIMAH TA'JIR MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Erly Sulistiyawati; Siti Rahmah; Lahmudinur
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

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Abstract

This study discusses jarimah ta'jīr as a form of criminal offense in Islamic law whose sanctions are not explicitly determined in the Qur'an and Hadith, but are left to the authorities or judges through their respective ijtihad based on the principle of maslahah. The research method used is qualitative with a literature approach, through analysis of primary and secondary sources of Islamic law. The results of the study show that jarimah ta'jīr has high flexibility so that it can accommodate various forms of contemporary crimes such as cybercrime, corruption, drugs, human trafficking, and copyright infringement. The main purpose of applying ta'jīr sanctions is not only repressive but also preventive, educational, and socially corrective, in line with maqāṣid al-syarī'ah in protecting religion, life, intellect, property, and offspring. Thus, jarimah ta'jīr plays an important role in maintaining the relevance, justice, and dynamics of Islamic law in the modern era, while also serving as an adaptive instrument that bridges Sharia values with current global legal challenges and ensures the proportional and sustainable protection of individual and community rights.
Co-Authors Akhmad Zaki Yamani Lahmudinur siti rahmah