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All Journal al-Afkar, Journal For Islamic Studies
Rizal Agung Mufti
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Social Sciences

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Analysis of Methods of Discovery of Islamic Law: A Critical Study of Qiyas, Al-Maslahah Al-Mursalah, Istihsan, and Al-Urf in a Contemporary Context Solihan Makruf; Rizal Agung Mufti; Diding Jalaludin; Lis Diana Ningsih; Ramdani Wahyu Sururie
al-Afkar, Journal For Islamic Studies Vol. 8 No. 4 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i4.1752

Abstract

This research aims to evaluate the application of Islamic legal research methods, namely qiyas, al-maslahah al-mursalah, istihsan and al-'urf, in responding to contemporary legal issues in Indonesia. The research method used is a literature review by analysing classical and modern sources of Islamic law, including books, scholarly journals, and relevant fatwas and legal regulations. The results show that the four methods can be flexibly applied to resolve modern legal issues such as early marriage, the status of children in Siri marriages and domestic violence. The contribution of this research is to provide an integrative and dynamic approach to the development of Islamic law, so that it can provide relevant solutions to contemporary legal challenges and support the integration of Islamic law into the national legal system.
Protection of Citizenship Status in National Law as a Human Right is Linked to Article 15 Paragraph 2 of the Universal Declaration of Human Rights Rizal Agung Mufti; Tajul Arifin; Ine Fauzia
al-Afkar, Journal For Islamic Studies Vol. 8 No. 4 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i4.1794

Abstract

This research aims to analyse the protection of citizenship status in Indonesian national law as part of human rights, with a focus on the implementation of Article 15(2) of the Universal Declaration of Human Rights (UDHR), which prohibits arbitrary deprivation of citizenship. The method used is a normative approach by analysing the laws and regulations governing citizenship in Indonesia and comparing them with the international principles in the UDHR. The results show that although Indonesia has regulated citizenship as a protected right, there are challenges in the implementation of these protections, such as administrative problems of citizenship, dual citizenship, and non-transparent loss of citizenship. The contribution of this research is to provide insight into the importance of protecting citizenship as a human right in the context of national and international law, and to suggest reforms to the administration of citizenship in order to guarantee this right more effectively.
Co-Authors Diding Jalaludin Ine Fauzia Lis Diana Ningsih Ramdani Wahyu Sururie Solihan Makruf Tajul Arifin