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All Journal Albayan : Journal of Islam and Muslim Societies ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
Salwa Husni Aprilia Pasaribu
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Urgensi Kajian Tarikh al-Tasyri’ dalam Formulasi Hukum Islam Kontemporer Salwa Husni Aprilia Pasaribu; Nur Azizah Shazrina; Rizky Ananda Marpaung; Ali Yanda Safaruddin Tanjung; Arman Alfiansyah Hasibuan
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

The study of Tarikh al-Tasyri‘ is a discipline that traces the formation of Islamic law from the prophetic era to the modern age, providing an essential historical framework for formulating contemporary Islamic legal rulings that remain adaptive while rooted in the tradition of the Shari‘ah. This research employs a qualitative, library-based approach to explore the development of Islamic legislation through key phases, beginning with the revelation of the Qur’an, the practices of the Companions, the formation of legal schools, and the transformation of law in the modern nation-state era. The findings indicate that Islamic law possesses dynamic, historical, and contextual characteristics, making an understanding of its historical trajectory crucial for interpreting the law accurately within the context of rapid social change. The integration of Tarikh al-Tasyri‘, maqasid al-shari‘ah, and contemporary ijtihad methodologies forms the epistemological foundation for constructing modern Islamic law that is not only normative but also relevant and responsive to present-day challenges. The novelty of this study lies in utilizing the history of legislation not merely as a descriptive record but as an active epistemological source for formulating contemporary approaches to Islamic legal thought.
Local Government Responsibility in Ensuring the Functional Feasibility of Provincial Roads: An Administrative Law and Siyasah Dusturiyah Perspective Misdin Arifin HM; Salwa Husni Aprilia Pasaribu; Putri Nayla Khairuna Lubis; Rizky Ananda Marpaung; Khoiril Muhammad Ufara Dzikri Nasution
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1326

Abstract

Roadworthiness of provincial roads is a fundamental aspect in ensuring traffic safety and protecting the public interest. Roads that do not meet roadworthiness standards have the potential to cause accidents, material losses, and reflect weak accountability on the part of government authorities. This study aims to analyze the accountability of local governments in fulfilling the roadworthiness requirements of provincial roads from the perspectives of administrative law and siyasah dusturiyah. This research employs a normative legal research method with juridical and conceptual approaches. The research stages involve examining statutory regulations related to road administration, analyzing doctrines of administrative law, and reviewing the thoughts of classical and contemporary Islamic scholars within the framework of maqāṣid al-sharī‘ah. The analysis is conducted qualitatively by assessing the consistency between legal norms and the actual practices of road administration, as reflected in previous studies. The findings indicate that there remains a gap between the normative provisions governing roadworthiness and their implementation at the local government level. From the perspective of administrative law, this condition reflects the weak application of the principles of legality and accountability in public service delivery. Meanwhile, from the perspective of siyasah dusturiyah, negligence in fulfilling roadworthiness requirements constitutes a breach of leadership trust (amanah) and contradicts the principles of protecting life (ḥifẓ al-nafs) and property (ḥifẓ al-māl). This study emphasizes that ensuring roadworthiness is not merely an administrative obligation, but also an ethical and shar‘i duty in realizing public welfare.
Co-Authors Ali Yanda Safaruddin Tanjung Arman Alfiansyah Hasibuan Khoiril Muhammad Ufara Dzikri Nasution Misdin Arifin HM Nur Azizah Shazrina Putri Nayla Khairuna Lubis Rizky Ananda Marpaung