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All Journal Kawanua International Journal of Multicultural Studies Priviet Social Sciences Journal
Savitri, Desthia Irsa
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Hudud by the Taliban in Afghanistan and the relevance of Muhammad Syahrur's thought Savitri, Desthia Irsa; Sobhan, Sobhan; Sulfinadia, Hamda
Priviet Social Sciences Journal Vol. 6 No. 2 (2026): February 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i2.1557

Abstract

This study is motivated by the continuing debate over the hudud in the modern era and its practical implications. It examines how the Taliban have applied hudud punishments in Afghanistan and assesses the relevance of Muhammad Syahrur’s contemporary legal thought on hudud punishments. Using a qualitative library-research approach, data were collected from books, scholarly literature, and relevant reports and then analyzed using content analysis and inductive reasoning. The findings indicate that during the Taliban's rule, the implementation of hudud tends to be harsher, more rigid, and more repressive, often raising concerns regarding due process and human rights. Both the Taliban's approach and Syahrur's discussion derive from the Qur'an and Hadith; however, Syahrur's theory of limits (nazariyyat al-hudud) frames divine law as having minimum and maximum boundaries, allowing space for contextual ijtihad that weighs public benefit (maslahah) in line with changing social realities while remaining within God's limits (sunnatullah).
Integrating Islamic Law and Secular Norms: Tunisia's Code of Personal Status as a Model for Legal Pluralism in Muslim Societies Yulrizal, Yulrizal; Savitri, Desthia Irsa; Saputra, Romia; Aples, Aples; Azizah, Luthfia Ulfa
Kawanua International Journal of Multicultural Studies Vol 6 No 2 (2025)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v6i2.1844

Abstract

This study analyzes the forms of integration between Islamic law and secular law in Tunisian family law, the legislative process, and state legal argumentation, and their implications for the character of family law as living law. Employing a comparative-historical approach and doctrinal analysis of the Code of Personal Status (CPS) 1956, its amendments, and the Tunisian Constitution of 2014 through thematic categorization and political-legal analysis. The integration manifests in four typologies—substantive, procedural, transformative, and substitutive—which reconstruct Maliki and Hanafi fiqh norms within a modern positive legal framework. The legislative process involves mobilizing political actors, employing dual legitimation strategies (theological-nationalist), and employing state ijtihad through talfiq, takhyir, and maqashid al-shariah. As living law, the CPS has achieved significant social acceptance and strong constitutional legitimacy despite facing resistance from Islamist groups post-2011. The integration of religious and secular law in Tunisia is not total secularization but rather a contextual synthesis that maintains religious legitimacy within the modern state's framework through continuous negotiation among state authority, religion, and social dynamics.
Co-Authors Aples, Aples Azizah, Luthfia Ulfa Hamda Sulfinadia Saputra, Romia Sobhan, Sobhan Yulrizal, Yulrizal