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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 112 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, 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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