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All Journal al-Afkar, Journal For Islamic Studies Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) An-nisa: Journal of Islamic Family Law Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara
Fauzan Ali Rasyid
Unknown Affiliation
Religion Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implementation of Good Governance to Improve Public Services at the Ciamis Regency Population Service from a Public Service Perspective Arie Nurazizah; Fauzan Ali Rasyid; Lutfi Fahrul Rizal
al-Afkar, Journal For Islamic Studies Vol. 8 No. 3 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i3.2636

Abstract

This study examines the implementation of Good Governance principles in improving public services at the Department of Population and Civil Registration (Disdukcapil) of Ciamis Regency from the perspective of Siyasah Dusturiyah. The purpose of this research is to analyze how principles such as transparency, accountability, participation, professionalism, and efficiency are applied in civil administrative services and how Islamic values in governance strengthen these efforts. A qualitative descriptive approach was used with juridical-empirical and normative methods, supported by primary data through field observation and interviews. The findings show that while Disdukcapil Ciamis has initiated service innovations such as the SILANCAR system and the “Jempol Si Manis” outreach program, challenges remain due to limited human resources, infrastructure, and shortages of e-ID card blanks. In the Siyasah Dusturiyah framework, public service is considered a trust (amanah) that must be carried out fairly, transparently, and responsibly. Therefore, institutional capacity building, digital technology adoption, and internalizing Islamic values are strategic steps to achieve good and competitive governance.
Early Marriage in the Islamic Legal System, the Continental and Anglo Saxon European Legal Systems Ikbal, Muchamad; Ah. Fathonih; Fauzan Ali Rasyid
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.292

Abstract

Child marriage is a violation of human rights that has a systemic impact on aspects of reproductive health, education, economy, and social participation. This article conducts a comparative-critical analysis of the construction of child marriage law in three dominant legal systems: Islamic Law (based on maslahah mursalah), Continental European Law (codification-based), and Anglo-Saxon Law (precedent-based), using the theoretical framework of legal pluralism Santos (1987) and the concept of best interest of the child (CRC 1989). The research method combines a normative-doctrinal approach with a critical discourse analysis of primary legal texts and court decisions in 15 representative countries. The findings reveal three paradigms: (1) Contemporary Islamic law has undergone a transformation from classical fiqh through the reinterpretation of maqashid shari'ah with an age limit of 18 years (Law No. 16/2019 in Indonesia and the Child's Rights Act 2003 in Nigeria); (2) The Continental European System implements legal paternalism through the harmonization of EU Directive 2019/51 with the minimum age standard of 18 years without dispensation; (3) The Anglo-Saxon system developed judicial activism through progressive precedents (the Re Marriage Act 2015 in the UK and Obergefell v. Hodges in the US). This study contributes to the theory of global legal convergence by recommending an integrated legal reform model that synthesizes the legal certainty of the European system, Anglo-Saxon flexibility, and Islamic maslahah values.
Interfaith Heirship in Islamic Jurisprudence: Exploring Ijtihad Approaches in Contemporary Legal Reforms Basarudin; Oyo Sunaryo; Fauzan Ali Rasyid
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6571

Abstract

This study explores the complex issue of interfaith heirship within the framework of Islamic jurisprudence, focusing on contemporary efforts to reinterpret traditional doctrines through ijtihad. Classical Islamic law generally prohibits non-Muslim heirs from inheriting from Muslim relatives, a stance rooted in historical socio-religious contexts. However, in response to evolving pluralistic societies and the growing demand for legal inclusivity, contemporary Muslim scholars and legal reformers have initiated various ijtihad-based approaches to reassess this prohibition. Employing a qualitative normative legal method, this research examines key classical texts, modern fatwas, and statutory reforms in selected Muslim-majority countries. The findings reveal a dynamic spectrum of scholarly opinions, ranging from strict adherence to traditional rulings to more progressive reinterpretations that emphasize maqasid al-shariah (the objectives of Islamic law), particularly justice, family unity, and human dignity. The study concludes that while doctrinal tensions remain, ijtihad presents a legitimate and evolving mechanism to harmonize Islamic inheritance law with contemporary legal and social realities, thereby promoting more inclusive and contextually responsive interpretations.
Analisis Putusan Pengadilan Negeri Bandung Nomor: 162/Pdt.G/2021/Pnbdg Tentang Legalitas Akta Perjanjian Jual Beli Sebagai Jaminan Hutang Piutang Karena Adanya Cacat Hukum Agi Ahmad Najih; Fauzan Ali Rasyid; Muhammad Kholid
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.4930

Abstract

The problem of the legality of the agreement of the deed of debt and credit agreement into buying and selling requires legal certainty so that no one is harmed. Normative legal certainty is when a regulation is made and promulgated with certainty because it regulates clearly and logically. Clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that it does not clash or cause norm conflicts. Norm conflict arising from rule uncertainty can take the form of norm contestation, norm reduction or norm distortion. This research approach is descriptive analytical which describes legal events that occur as they are and conveys these conditions according to theory and legislation. The research method used in the research is empirical juridical which analyzes the Bandung District Court Decision Number: 162/PDT.G/2021/PN.BDG regarding the Legality of the Deed of Sale and Purchase Agreement as Collateral for Debt and Credit Due to Legal Defects. The results of this study show that; AJB, which should be a proof of transfer of land rights in a real sale and purchase transaction, in this case is used to guarantee debt repayment. This is a deviation from the function of the AJB, which is legally unjustified because it contradicts the principle of halal causa (Articles 1335 and 1337 of the Civil Code). Therefore, the AJB made does not meet the elements of a valid causa, and therefore can be canceled or even null and void.
Divorce in the Islamic Legal System, the Continental European System, and the Anglo-Saxon Legal System Titing Oting Supartini; Ah. Fathonih; Fauzan Ali Rasyid
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 3 (2025): September
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v1i3.64

Abstract

This study examines the comparison of the divorce legal system in three main legal traditions, namely Islamic Law, Continental European Law (civil law), and Anglo-Saxon Law (common law). Divorce as a legal event not only has implications for the breakdown of civil relations between spouses, but also has significant social, psychological, and economic consequences. Each legal system offers a different normative, procedural, and philosophical approach to regulating divorce, both in terms of terms, implementation mechanisms, and protection for vulnerable groups such as women and children. This study uses a comparative legal approach by utilizing Kelsen's theory of legal norms, Pound's theory of the social function of law, and Rawls and Dworkin's concepts of substantive and procedural justice. This analysis aims to describe the differences and similarities in divorce legal approaches in the three systems, as well as evaluate the effectiveness of each system in realizing justice and protection of rights in the context of divorce. This research also emphasizes the importance of harmonizing the principles of justice in divorce regulation in the era of globalization.
Co-Authors Agi Ahmad Najih Ah. Fathonih Arie Nurazizah Basarudin Ikbal, Muchamad Lutfi Fahrul Rizal, Lutfi Fahrul Muhammad Kholid Oyo Sunaryo Titing Oting Supartini