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Ma'adul Yaqien Makkarateng
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INDONESIA
Jurnal Al-Dustur
Published by Institut Agama Islam Negeri Bone
ISSN : 26225964     EISSN : 26866498     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Dustur is a Scientific Journal published by Department of Constitutional Law in Postgraduate Program of the State Islamic Institute (IAIN) Bone as a media of publishing and sharing the results of research and the development of Politic and Islamic Law. This journal contains articles that have never been previously published in the form of articles from research or applied research. All submitted articles will go through "peer-review process" after fulfilling the requirements according to the article writing guidelines. The publication of this journal every six months, namely in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 8 No 2 (2025): December" : 7 Documents clear
LOCAL WISDOM AS A FOUNDATION OF JUSTICE: EXAMINING POLYGAMY WITHIN ISLAMIC LAW IN SOUTH SULAWESI Muhammadong, Muhammadong; Asroni, Ahmad; Achmad Widodo, Syukri Fathudin; Faizal, Nadya; Tahir, Tarmizi
Jurnal Al-Dustur Vol 8 No 2 (2025): December
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i2.10391

Abstract

In South Sulawesi, justice in polygamy is not merely a matter of law—it is a living dialogue between divine principles and ancestral wisdom. This study explores how local wisdom, particularly the adat system, serves as a foundational pillar of justice in the practice of polygamy under Islamic law. Employing a qualitative methodology, the research draws on interviews and document analysis involving religious leaders, community elders and affected families. The findings reveal that while Islamic law provides the formal legal framework, local customs deeply influence its interpretation and implementation. Adat norms ensure that polygamy is practiced with fairness, emphasizing the equitable treatment of wives, fulfillment of economic responsibilities and preservation of familial harmony. These traditions act as a moral compass, guiding the community to uphold justice in ways that resonate with their social values. Rather than conflicting with Islamic principles, local wisdom complements them—creating a hybrid system that is both legally sound and culturally sensitive. The study concludes that integrating local wisdom into formal legal structures can enhance the contextual relevance and social legitimacy of family law. It recommends a pluralistic approach to justice that honors both religious doctrine and indigenous knowledge, fostering a more humane and balanced legal practice.
ISLAMIC PHILANTHROPY AND GOVERNMENT POWER: THE DYNAMICS OF THE RELATIONSHIP BETWEEN MOSQUE-BASED ISLAMIC MICROFINANCE COOPERATIVE (BMT) AND THE SOLOK CITY GOVERNMENT Haris, Gusnam; Billah, Mu'tashim; Rahma, Vivi
Jurnal Al-Dustur Vol 8 No 2 (2025): December
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i2.10406

Abstract

The relationship between government authority and civil society groups (philanthropic institutions) is often dynamic and tends to be imbalanced when one side becomes dominant. Mosque-based BMTs in Solok City show an interesting relationship pattern with the government, particularly before and after the Solok City government received an award. This article examines the pattern of relations between the two using Gretchen Helmke and Steven Levitsky's typology of relations. This field study's data is sourced from interviews with several Solok City officials involved in managing MB-BMT. Data was collected through observation, interviews, and documentation, followed by qualitative analysis. Gretchen Helmke and Steven Levitsky's theory on the typology of relations between the private sector and the state is used to analyze these relations. The results of this study strengthen existing theory, as evidenced by the success of MB-BMT in Solok City, where the relationship between MB-BMT and the Solok City Government is a complementary substitution. The MB-BMT institution aims to strengthen the objectives set by the Solok City Government to protect the community from the clutches of loan sharks by channeling philanthropic funds exclusively through the qardh agreement. Meanwhile, the Solok City Government adopts a passive stance, meaning it grants full autonomy to the mosque institution to manage its operations, resulting in the Solok City Government being ineffective and its role being replaced by the MB-BMT institution. From a management perspective, the MB-BMT in Solok City only performs the functions of a Mal institutional body and does not carry out the tasks of a Tamwil institution. Research shows that when the government is fully involved in the capital and management of MB-BMT institutions, these institutions become inactive and ultimately cease to function.
FROM RITUAL COMMUNITY TO POLITICAL ACTOR: THE TRANSFORMATION AND POWER STRATEGIES OF THE KHALWATIYAH SAMMAN ORDER IN SOUTH SULAWESI Arif, Muhammad; Syatar, Abdul; Husni, Muhammad; Ilham, M.; Ashufah, Abdul Hayyaqdhan
Jurnal Al-Dustur Vol 8 No 2 (2025): December
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i2.10445

Abstract

This article investigates how politics functions not merely as an external arena of pressure but as a medium of institutional survival for the Khalwatiyah Samman Order in South Sulawesi. While existing studies on Indonesian Sufi orders have predominantly emphasized doctrinal teachings, ritual systems, and patterns of social expansion, they tend to overlook the political mechanisms through which a tarekat negotiates authority, confronts accusations of heresy, and constructs long-term legitimacy within shifting power structures. Addressing this gap, the study focuses on two pivotal historical events—the 1931 heresy accusation issued by King Bone La Mappanyukki and the 1958 ulama assembly organized by the DI/TII movement in Wanua Waru—to demonstrate that the Khalwatiyah Samman Order has continuously acted as both a religious and socio-political institution capable of adapting to, resisting, and strategically engaging competing forces such as monarchy, colonialism, and radical Islamist militancy. Using a qualitative, descriptive-historical method based on manuscripts, archival sources, and oral testimonies, the research reveals that the tarekat’s endurance is sustained through three interconnected strategies: cultural accommodation within local power structures, intellectual-theological argumentation to counter delegitimization, and the mobilization of a broad follower base as a source of social capital. These strategies not only defend its orthodoxy but also allow the tarekat to convert political threats into opportunities for institutional consolidation. The article therefore argues that politics, in this context, is not solely a site of contestation but a resource for identity affirmation and doctrinal continuity, offering a new analytical lens for understanding Sufi orders in Indonesia as adaptive actors with historical agency in the negotiation of religious and political authority.
BEST INTEREST OF THE CHILD IN ISLAMIC FAMILY LAW: INTEGRATING MAQĀṢID AL-SHARĪ‘AH AND DOUBLE MOVEMENT THEORY IN ḤAḌĀNAH CASES Kadarisman , Achmad; Fedro, Alfarid; Arifin, Zainal
Jurnal Al-Dustur Vol 8 No 2 (2025): December
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i2.10459

Abstract

This study examines the development of ḥaḍānah (child custody) in Indonesian Islamic family law, tracing its shift from classical fiqh principles toward contemporary child-centered standards. Classical jurisprudence conceptualizes ḥaḍānah as the obligation to nurture and protect those unable to care for themselves, traditionally privileging maternal custody. In Indonesia, however, statutory and judicial practice increasingly reflect welfare-oriented interpretations. Using a qualitative normative–empirical approach, this research analyzes fiqh texts, national legislation, the Compilation of Islamic Law (KHI), international child-rights instruments, and selected custody decisions, complemented by interviews with judges and affected families. Analytical guidance is drawn from maqāṣid al-sharīʿah and Fazlur Rahman’s double-movement theory to contextualize classical norms within modern Indonesian realities. The findings reveal a hybrid legal framework: while fiqh-based custodial hierarchies remain codified, courts frequently rely on the best interest of the child when evaluating parental claims, caregiving continuity, and emotional well-being. Children’s testimonies are increasingly considered, though inconsistently applied across cases. The study demonstrates how Islamic legal reasoning can be harmonized with universal child-rights principles. It concludes by emphasizing the need for strengthened mediation, child-sensitive adjudication, and institutional mechanisms that ensure meaningful child participation in custody determinations.
ENHANCING SPIRITUAL COGNITION: BRUNEIAN MUSLIMS’ HOLISTIC ENGAGEMENT WITH QIRAAT PROFILES OF SURAH AL-FATIHAH AND YASIN Abdelgelil, Mohamed Fathy Mohamed; Syed Bidin, Sharifah Norshah Bani; Japar, Aleya Fatehah; Husain, Muhammad Zakir; Lazim, Khairun Naqibah
Jurnal Al-Dustur Vol 8 No 2 (2025): December
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i2.10462

Abstract

This study examines the perceptions and attitudes of the Muslim community in Brunei Darussalam regarding the official development of the 10 Qirā’āt profile for the foundational Qur'anic chapters, Surah Al-Fatihah and Surah Yasin. These two Surahs are central to daily Muslim devotion, necessitating an understanding of the legal status (Hukm) and standardization of their authenticated recitation variations ('Ilm Qirā’āt). Employing a quantitative research design, data were collected using a questionnaire administered to 69 respondents to assess their levels of awareness, knowledge, interest, and views towards this profiling initiative. The findings indicate a significant dichotomy: while respondents generally exhibit a moderate level of knowledge regarding the specific variations within 'Ilm Qirā’āt, they overwhelmingly express a strong interest and positive attitude towards the Qirā’āt profiling effort. A substantial majority of the community supports the dissemination and formal introduction of the profile across various platforms, specifically highlighting mass media channels for wider reach. The implications suggest a clear mandate for structured, collaborative action. Religious authorities, educational institutions, and media entities must systematically coordinate promotional and educational programs to bridge the existing knowledge gap. Such efforts are crucial not only for preserving the authoritative knowledge of the Qirā’āt tradition but also for ensuring its accurate practice, thereby strengthening the Bruneian Muslim community's comprehensive appreciation of the Holy Qur'an.
NEO-SIYASAH: RECONSTRUCTING CONSTITUTIONAL SOVEREIGNTY IN THE AGE OF ARTIFICIAL INTELLIGENCE Nawawi, Badruzzaman; Nurdin, Roswati
Jurnal Al-Dustur Vol 8 No 2 (2025): December
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i2.10529

Abstract

Artificial intelligence and global digital platforms increasingly erode traditional notions of territorial sovereignty, exposing constitutional deficiencies in regulating algorithmic decision‑making and the exercise of public power. This study proposes the Neo‑Siyasah paradigm, a digital constitutional framework that integrates modern constitutional theory with the ethical principles of Islamic governance. The framework is built through a conceptual‑normative methodology that combines comparative constitutional analysis—drawing on instruments such as the GDPR, the EU AI Act, jurisprudence of the Court of Justice of the European Union, and UNESCO’s ethics guidelines—with normative synthesis rooted in fiqh siyāsah and maqāṣid al‑sharīʿah. From this dual approach, five transformative shifts are identified: digital sovereignty replacing territorial control, digital rights evolving into constitutional entitlements, artificial intelligence functioning as a quasi‑political entity, sovereignty‑by‑design becoming a constitutional necessity, and global AI ethics converging with Islamic legal principles. These shifts culminate in the triadic Neo‑Siyasah model, which consists of an augmented Digital Bill of Rights, sovereignty‑by‑design mechanisms, and constitutional limits on AI authority. Together, these elements establish a coherent framework for legitimacy, fairness, and accountability in algorithmic governance. The model is particularly relevant for Muslim‑majority constitutional regimes, offering a pathway to reconcile global digital transformations with Islamic jurisprudential ethics. 
NEGOTIATING MULTIPLE IDENTITIES: RELIGIOUS MARRIAGE AS SOCIAL PRACTICE AMONG MUSLIMS IN THE NETHERLANDS Saenong, Faried F.
Jurnal Al-Dustur Vol 8 No 2 (2025): December
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i2.10579

Abstract

Building upon extensive ethnographic fieldwork conducted across various cities and towns in the Netherlands, this study aims to examine the practices of religious marriage among Muslim communities. By religious marriage, this paper refers to any kind of Muslim marriages that are not officially registered to the local Municipal or gementee in the Netherlands. It is widely known that the institution of marriage lies at the centre of Muslim family law for the status of marriage will definitely determine all other kinds of Muslim personal law. This paper presents ethnographic data that have been collected from interviews with Muslim wedding couples, extended families, local Imams, and officials in the Netherlands. As the problem of technical terms exists in the classical discourses of religious marriage in Fiqh (Islamic law), discussions on religious marriage technical terms found from books or practices on the ground from many Muslim countries, have enriched the theoretical discourses of this unofficial marriage. The research shows that Muslim couples in the Netherlands often conclude religious marriages without civil registration due to administrative barriers, economic motives, polygyny, under-age traditions, and financial costs. These unions are viewed as valid under Islamic law, even without state recognition. Importantly, couples do not reject Dutch law but see marriage as a personal religious contract. The practice reflects continuity from countries of origin, adapted to Dutch circumstances, creating a socio-legal dynamic where Islamic and secular law coexist but not always harmoniously.

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