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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 126 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) Muhammad Yarif Arifin; Salle S; Muhammad Rinaldy Bima; M. Azham Ilham; Ar Rayhan Wiqra Ramadhan
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 Imron Rizki Azis; Aidir Amin Daud; Ahmad Muhtaram; Pipit Somefotorono Majid
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 Hamza Abed AlKarim Hammad
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.
DIGITAL GOLD IN INDONESIA: BRIDGING REGULATORY AND SHARIA GAPS Afif Noor; Supangat; Aqila-Syarief Muhammad Afif; Muhammad Fazli Azmi
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.v9i1.10646

Abstract

This study examines the development of digital gold in Indonesia by analyzing regulatory gaps and Sharia compliance. The primary objective of this study is to assess the extent to which the current regulatory system aligns with Islamic law standards and to address legal ambiguities that impact both market participants and Muslim consumers. This study employs a qualitative approach, utilizing normative legal analysis and a literature review of financial regulations and fiqh mu‘āmalah principles related to digital gold. Official documents, regulations issued by the Financial Services Authority (OJK), and fatwas issued by Islamic legal institutions serve as data sources. The current regulatory framework lacks adequate integration with Sharia, leading to inconsistent legal practices and unclear standards. This regulatory ambiguity is evident in the status of digital gold as a commodity or financial instrument. Furthermore, the lack of uniform standards regarding gold ownership by selling platforms, storage mechanisms, and transparency of physical gold reserves adds to the uncertainty. In the context of fiqh mu‘āmalah, this violates Sharia principles such as riba (usury), gharar (gharar), bai' al-ma'dum (risk of betting), and maisir (gambling). Without clear regulations, digital gold can be problematic from both legal and Sharia-compliant perspectives. The research demonstrates the necessity to merge positive law with Islamic legal values to establish a legally valid digital gold system that is transparent and Sharia-compliant. The study proposes that regulators, industry stakeholders, and the Sharia Supervisory Board should collaborate to establish standardized practices and regulations. The development of adaptive Sharia-compliant digital gold regulations represents a strategic approach to promoting safe and sustainable growth in digital investment in Indonesia. The findings of this study provide a strong academic foundation for examining the effectiveness of Sharia regulations and governance in digital investment products, highlighting the importance of this research in the development of Islamic finance and digital investment.
ISLAMIC LEGAL FRAMEWORK FOR ENHANCING TAKAFUL IJTIMĀ‘Ī THROUGH WAQF-MUSHĀRAKAH MODELS IN INDONESIA AND MALAYSIA Istianah Zainal Asyiqin; Ayesha binti Abul Hisyam
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.v9i1.10675

Abstract

Sharia insurance (at-Takāful) is founded on the principle of mutual assistance (at-Takāful al-Ijtimā ‘ī), yet existing models often fail to ensure equitable outcomes. Most contemporary Sharia insurance practices rely on hybrid contracts (multi-ʿaqd), combining ʿAqd Tabarru‘ (charitable contribution) and ʿAqd Muḍārabah (profit-sharing). However, these approaches have limitations in achieving social justice. This study examines the integration of Waqf and Mushārakah models as alternative solutions to enhance fairness in Islamic insurance. While Indonesia’s Takāful system predominantly uses traditional hybrid contracts, Malaysia employs a more advanced Takāful framework, incorporating Waqf and Mushārakah to strengthen social justice and economic sustainability. Using a normative legal research approach, this study employs a doctrinal approach and compares Indonesian and Malaysian Takāful structures, analyzing the legal and economic implications of adopting Waqf and Mushārakah in Sharia insurance. The findings suggest that the Waqf model aligns with Islamic economic objectives such as poverty alleviation (raf‘ al-faqr) and wealth distribution (taqwīm al-tharwah), while Mushārakah fosters cooperative principles and equitable profit-sharing (al-ta‘āwun wa al-‘adālah al-māliyah). The study concludes that integrating Waqf and Mushārakah into Indonesia’s Sharia insurance system can enhance Takāful Ijtimā‘ī principles and promote greater financial justice in accordance with the Maqāṣid al-Sharī‘ah.
AUTHORITATIVE ECOLOGICAL CONVERGENCE BETWEEN HADITH AND PASANG RI KAJANG: WILĀYAT AL-AMR AS CONSTITUTIONAL LEGITIMACY FOR ENVIRONMENTAL GOVERNANCE Muhammad Ismail; M Ali Rusdi; Muhammadiyah Amin; Zulfahmi Alwi; Sitti Asiqah Usman Ali
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.v9i1.11130

Abstract

This article examines the relationship between prophetic hadith and Pasang ri Kajang, the customary normative system of the Ammatoa Kajang community, through the framework of wilaayat al-amr in environmental governance. Situated at the intersection of hadith studies and Islamic constitutional thought, the study moves beyond textual interpretation to analyze how ecological hadiths function as sources of public authority in regulating collective environmental conduct. While previous scholarship has discussed Islamic environmental ethics and indigenous ecological traditions separately, their interaction as parallel normative authorities remains insufficiently explored. Using a qualitative normative-comparative method, this study analyzes selected ecological hadiths through dirāyah al-hadith, supported by maqashid al-shari‘ah and legal pluralism approaches. These findings are then compared with Pasang ri Kajang as a form of customary environmental law. The study finds that prophetic authority and Ammatoa customary leadership represent distinct yet functionally comparable forms of ecological governance. Prophetic authority operates universally, whereas Ammatoa authority functions locally as a socially autonomous institution that may also be recognized as a form of constitutional legitimacy within plural legal systems. This article argues that wilaayat al-amr should not be confined to formal state power alone, but may also include legitimate authority oriented toward public welfare (maslahah ‘ammah). By proposing the concept of authoritative ecological convergence, this study contributes to hadith studies, Islamic constitutional law, and environmental governance by offering a model through which religious norms and indigenous authority may coexist in promoting ecological sustainability. More broadly, the findings suggest that contemporary environmental policy should incorporate socially legitimate local authorities as strategic partners of the state in conservation governance. Such an approach may strengthen legal compliance, reduce jurisdictional conflict, and enhance the sustainability of environmental regulation.
RESEARCH TRENDS IN ISLAMIC FAMILY LAW: A BIBLIOMETRIC ANALYSIS OF SCOPUS PUBLICATIONS (2000–2024) Galuh Widitya Qomaro; Mohammad Hipni; Zakiyatus Soimah; Erie Hariyanto; Nurfadhilah Che Amani
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.v9i1.10392

Abstract

The last 20 years have seen a growing interest in Islamic Family Law among scholars with a significant number of studies being published in international settings. The current paper evaluates the trend in the research activities in relation to Islamic Family Law across the world between the year 2000 and the year 2024. This study used data out of the Scopus journal. A systematic bibliometric analysis shows that the number of articles has grown since 2015 because of the increased interest in women's issues worldwide, the necessity to introduce changes in Muslim states, and the connection between the Islamic family law and other legal systems. Malaysia, Indonesia, Pakistan and Egypt are also considered to be some of the pioneer countries which study Islamic Family Law and the western countries that have a problem of Muslim minority also have made remarkable contributions in the study of Islamic Family Law. This paper is a critique and synthesis of the literature on issues like polygamy, divorce, and child marriage through sentiment analysis and elicits the potential opinions at both ends of the spectrum. The results indicate that research on Islamic Family Law has expanded across multiple dimensions. However, the NVivo thematic coding reveals recurring concerns regarding compatibility between Islamic family law and international human rights norms, particularly in discussions on gender equality and child marriage. This paper intends to scope the existing field in hopes of covering contemporary discourses by focusing on the Islamic Family Law research field and detailing the evolution of the field and mapping its prominent scholars.
LEGAL BOUNDARIES OF ACTING GOVERNORS AND DEMOCRATIC LEGITIMACY IN WEST PAPUA’S LOCAL GOVERNANCE Isak Semuel Kejne Mansawan; Faisal Abdullah; Abdul Razak; Filep Wamafma; Elsye Yubilia Keysinaya
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.v9i1.10642

Abstract

Acting Governors (Pj Governors) in Indonesia, including in West Papua, are temporary officials appointed to fill vacancies in regional head positions based on statutory provisions. Their existence is crucial to ensure the continuity of local governance. However, in practice, the role of Acting Governors often raises issues concerning political legitimacy, governance effectiveness, and the legal implications of their authority. This study analyzes the legal basis and scope of authority of the Acting Governor of West Papua, examines its implementation in regional governance practice, and formulates recommendations for improving effective, transparent, and accountable governance. This research employs empirical legal research with a juridical-normative and conceptual approach, supported by qualitative descriptive analysis through legislation review, interviews, and documentation. The findings show that the authority of Acting Governors is normatively well-regulated, yet its implementation still faces challenges such as limited technical regulations, weak institutional capacity, and local political pressures influencing decision-making processes. Therefore, strengthening regulatory frameworks, enhancing transparency and accountability, and optimizing coordination between central and regional governments are necessary. These efforts are expected to ensure more stable, effective, and balanced governance between national and regional interests, while also supporting sustainable development and improving public service quality in West Papua in particular effectively.

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