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All Journal Sighat : Jurnal Hukum Ekonomi Syariah Law Journal
Alamsyah, Tahwin
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Law, Crime, Criminology & Criminal Justice

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Construction of Maqashid Syariah according to Jasser Auda in the Perspective of Islamic Economic Law: Theoretical Analysis and Implementation Alamsyah, Tahwin; Musyahid, Ahmad; Sultan, Lomba
SIGHAT: JURNAL HUKUM EKONOMI SYARIAH Vol 3 No 2 (2025): SIGHAT: JURNAL HUKUM EKONOMI SYARIAH
Publisher : Program Studi Hukum Ekonomi Syariah, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/shighat_hes.v3i2.14728

Abstract

Maqashid Syariah refers to the goals that Islamic law seeks to achieve in ensuring the well-being of humanity in social, political, and economic aspects. One contemporary thinker, Jasser Auda, has made significant contributions to the theory of Maqashid Syariah by emphasizing the importance of flexibility and relevance of its principles in the context of modern times, particularly in the field of Islamic economics. This study aims to analyze the implementation of Auda's Maqashid Syariah theory in the Islamic economic system using a qualitative approach through a literature review. The method used is descriptive analysis to explore the application of Maqashid Syariah principles in Islamic economics, such as economic justice, economic empowerment, human rights protection, and equitable wealth distribution. The results show that the application of Auda's principles can help create an inclusive, just, and sustainable economic system, focusing on the well-being of humanity. The discussion highlights the importance of adjusting Islamic law to contemporary social and economic dynamics, as well as the implementation of economic policies that support the well-being of society as a whole. The conclusion of this study is that Auda's theory is relevant in formulating Islamic economic law that addresses social inequality and economic injustice.
TELAAH HUKUM ISLAM TERHADAP FENOMENA SILARIANG SEBAGAI JALAN PINTAS PERKAWINAN DI MASYARAKAT BUGIS SULAWESI SELATAN Alamsyah, Tahwin; Kurniati, Kurniati; Misbahuddin, Misbahuddin
Law Journal (LAJOUR) Vol 6 No 2 (2025): Law Journal (LAJOUR) Oktober 2025
Publisher : LPPM Universitas Bina Insan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32767/lajour.v6i2.327

Abstract

The phenomenon of silariang in the Bugis community of South Sulawesi presents a complex socio-cultural issue that persists over time. Silariang refers to couples marrying without parental approval, considered a grave violation of family honor (siri’). This practice arises from various factors such as social status differences, economic pressures, and conflicts between traditional customs and individual desires. In Islamic law, marriage must fulfill essential pillars, including the presence of a legitimate guardian (wali) and witnesses; silariang often bypasses these requirements, rendering the marriage invalid from a religious perspective. Social consequences include severe sanctions for the perpetrators and enduring stigma within families. Modernization creates tensions between upholding adat values and respecting personal freedoms. This study utilizes an empirical legal approach with qualitative descriptive methods based on literature review and participatory observation. The research aims to analyze silariang through Islamic law and propose just and culturally sensitive solutions for the Bugis people.
Co-Authors Kurniati Kurniati Lomba Sultan Misbahuddin Misbahuddin MUSYAHID, AHMAD