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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik
Lubisa, Syarifuddin
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Epistimologi Hukum Islam Lubisa, Syarifuddin; Anwar Husein; Uswatun hasanah
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/rrg1qb17

Abstract

The study of the epistemology of Islamic law is essential to understanding the foundations of knowledge and methodologies underlying the formulation of Islamic legal thought that is rational, contextual, and just. This research arises from the need to re-examine the structure of Islamic legal knowledge to ensure its relevance in facing social transformations and modern challenges. The study employs a qualitative approach using library research methods by examining primary sources such as the Qur’an, Hadith, and classical juristic works, as well as secondary sources from contemporary literature. The literature review reveals that the epistemology of Islamic law rests on three main foundations: bayani (textual), ‘aqli (rational), and ‘irfani (spiritual), each complementing the others in the process of deriving legal rulings (istinbat al-ahkam). The discussion shows that the interaction between revelation and reason produces a legal system that is not only normative but also applicable and adaptive. The analysis of modern Islamic scholars’ perspectives indicates a paradigm shift from a purely textual approach toward an integrative one that incorporates maqasid al-shariah as a guiding principle for understanding the ultimate objectives of Islamic law. The study concludes that the epistemology of Islamic law constitutes a unified system of knowledge that harmonizes revelation, reason, and social reality in order to achieve justice, welfare, and balance in human life.
Peran Hukum Perkawinan Dalam Optimalisasi Perlindungan Hak Anak Lubisa, Syarifuddin; Hasibuan, Putra halomoan
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/negavf71

Abstract

Marriage, as a social and legal institution, plays a crucial role in shaping the family environment, which serves as the primary setting for a child's growth and development. Marriage law in Indonesia not only governs the relationship between husband and wife but also serves to protect the rights of children born from such marriages. This research aims to examine the role of marriage law in optimizing the protection of children's rights in Indonesia by analyzing the prevailing legal provisions and the challenges in their implementation. The research method used is normative-empirical through literature studies and field observations. The findings show that although legal foundations such as Law No. 1 of 1974 and Law No. 35 of 2014 are in place, there are still obstacles to child protection due to early marriage and children born out of wedlock. Optimizing the protection of children's rights requires synergy among the government, families, communities, and legal institutions in law enforcement and public awareness efforts to ensure sustainable child protection.
Co-Authors Anwar Husein Hsb, Putra Halomoan USWATUN HASANAH