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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 115 Documents
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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, Farid 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.
THE ROLE OF THE MINANGKABAU TRADITIONAL COMMUNITY'S CULTURE OF CONSENSUS BUILDING AS A PILLAR OF DEMOCRACY IN SUPPORTING THE SUSTAINABLE DEVELOPMENT GOALS (SDGs) Arifin, Muhammad Yarif; S, Salle; Bima, Muhammad Rinaldy; Ilham, M. Azham; Ramadhan, Ar Rayhan Wiqra
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10377

Abstract

Indigenous culture plays a vital role in shaping normative frameworks that support modern governance. This study examines the Minangkabau indigenous community’s tradition of consensus-based deliberation (musyawarah) as a democratic pillar that contributes to the achievement of the Sustainable Development Goals (SDGs), particularly SDG 16.7 on inclusive and participatory decision-making. Using a normative legal research method with a qualitative approach, the study explores how Minangkabau customary law integrates communal values into decision-making processes that promote social justice and poverty alleviation. In Minangkabau society, deliberation is not merely procedural but reflects a collective ethic where truth is determined through group consensus rather than individual assertion. This principle fosters inclusive governance, equitable outcomes and social cohesion. The study further analyzes the alignment between this indigenous practice and the Islamic principle of syuraa (consultation), which serves as a moral foundation for participatory democracy in Islamic jurisprudence. The results show that deliberative consensus functions as an effective participatory democracy mechanism based on local wisdom in realizing social justice and poverty alleviation. These findings confirm the relevance of integrating customary values and the principle of syūrā in strengthening equitable social governance and supporting the sustainable achievement of the SDGs.
THE INSTRUMENTS OF INFORMATION DISPUTE RESOLUTION IN INDONESIA Azis, Imron Rizki; Amin Daud, Aidir; Muhtaram, Ahmad; Majid, Pipit Somefotorono
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10449

Abstract

The term 'public information disclosure' began to receive attention in 2008, following the enactment of the Public Information Disclosure Law, which mandated the establishment of the Information Commission. This institution is expected to guarantee citizens’ rights to access information, including the resolution of information-related disputes. This study investigated the implementation and effectiveness of the existing regulations, with particular emphasis on the role and function of the Information Commission in resolving public information disputes in Indonesia. In addition, the research explored the distribution of judicial authority between the Information Commission and the judiciary. The findings revealed that the existence of the Information Commission has not yet fully ensured effective public information disclosure. Many disputes resolved by the Commission are further escalated to the courts, including to the Supreme Court at the cassation level. This process often causes delays for information requesters and is exacerbated by the non-compliance of certain public bodies with the Commission’s decisions. The study also examined the institutional status of both the Central and Regional Information Commissions. The establishment of regional commissions was found to lack independence, as their formation and status are not structurally integrated with the Central Commission. This research is significant as it centers on the resolution of information disputes and provides a comparative analysis of public information disclosure practices in Indonesia and in other countries such as Sweden, Canada, and Japan.
ḤUKMU AL-WAQF ‘ALĀ MARĀKIZ MU‘ĀLAJATI AL-MUDMINĪN WA TA’ḤĪLIHIM FĪ AL-FIQH AL-ISLĀMĪ Hammad, Hamza Abed AlKarim
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10653

Abstract

This research aims to identify the ruling on Waqf on Centers for the treatment and rehabilitation of addicts in Islamic jurisprudence, the research was based on the descriptive analytical approach and then the Fiqh study of the subject, and the research concluded that it is permissible to Waqf on Centers for the treatment and rehabilitation of addicts, based on a number of evidence, including: this kind of waqf is a form of doing good, and the Holy Quran has urged to do good, Moreover, what are addiction treatment centers can be said to be a special type of hospitals specialized in the treatment of certain diseases, and not one of the jurists has stipulated the permissibility of Waqf on hospitals. In addition to the fact that the moratorium on addiction treatment and rehabilitation centers is in line with the fact that the origin of the detainee must be on the side of obedience and righteousness, also, to the fact that the Waqf on the Treatment Centers for addicts and their rehabilitation is certified by the correct measure of Waqf, which is its compliance with the teachings of the Islamic Sharia and the absence of disobedience to the entity on which the Waqf will be placed, it is also one of the purposes of Islamic law: the Waqf on the Treatment Centers for addicts and their rehabilitation fulfills the purpose of protecting the soul and the mind, which are two of the five necessities.

Page 12 of 12 | Total Record : 115

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