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Qisthosia
Published by Sekolah Tinggi Agama Islam Negeri Majene
ISSN : -     EISSN : 28081676     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
This Qisthosia: Jurnal Syariah dan Hukum intents to publish issues on law studies and practices in Indonesia covering several topics related to Islamic law, Islamic Law of Criminal, Islamic Law of Family, Islamic Economic Law, Social Community, Constitutional law, International Law, Environmental Law, Criminal Law, Private Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 6 No. 2 (2025)" : 6 Documents clear
Tekstualisasi dan Kontektualisasi Hukum Islam dalam Al-Quran Dan Hadis: Textualization and Contextualization of Islamic Law: Perspectives from the Qur’an and Hadith Sri Karmila Dol; Muhammad Amri; Darussalam Syamsuddin
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i2.1747

Abstract

The study of Islamic teachings cannot be separated from two main sources: The Qur'an and Hadith. Both are normative foundations in the life of Muslims that contain universal, spiritual and social values. However, the interpretation of these religious texts is not single and final. There are dynamics of understanding that develop from time to time, especially when the texts are faced with different social, cultural and historical contexts. This article aims to examine the process of textualization of Islamic teachings, namely how the Qur'an and Hadith are transmitted, codified and interpreted as normative texts. Furthermore, this article also examines the process of contextualization, which is an attempt to understand and apply these teachings in accordance with contemporary social realities without ignoring the basic values of Islam. Through a hermeneutic approach and historical criticism, this article finds that the contextual interpretation of Islamic teachings actually strengthens the relevance of the Qur'an and Hadith in responding to the challenges of the times. Thus, textual and contextual approaches are not contradictory, but complementary in formulating Islamic teachings that are alive and transformative.
Pembagian Harta Warisan Dalam Konsep Assitinajang dan Assiamaturuseng di Kabupaten Bone: The Distribution of Inheritance Property within the Concepts of Assitinajang and Assiamaturuseng in Bone Regency Muftihaturrahma; Magono, Farhan Margono; Asni Zubair; Farid Al Hadana
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i2.1845

Abstract

This study examines Bugis inheritance distribution practices in Pattiro Riolo Village, Bone Regency, which are predominantly structured through assitinajang (propriety) and assiamaturuseng (consensual deliberation). The research addresses an urgent normative problem: clarifying the point of convergence and the limits of legitimacy between Bugis customary settlements and Islamic farā’iḍ rules, as local deliberative practices are often presumed either to be fully compliant with the Sharīʿa or entirely detached from it. Employing a socio-legal qualitative Design, primary data were collected through participant observation and semi-structured interviews with customary leaders, religious authorities, village officials, and heirs directly involved in inheritance settlement, complemented by a documentary review of family agreements. Data credibility was strengthened through source and method triangulation. The analysis combined descriptive qualitative procedures with a normative-evaluative framework that operationalizes Islamic inheritance principles as analytical benchmarks rather than mere doctrinal background. The findings reveal two dominant models: (1) post-mortem inheritance settlement through family deliberation, frequently reinforced by witnesses and written records; and (2) inter vivos transfers commonly framed locally as “inheritance distribution,” which are normatively closer to hibah (gifts) or waṣiyyah (bequests). From an Islamic legal perspective, assitinajang–assiamaturuseng is best interpreted as an iṣlāḥ/takhāruj-type mechanism and may be considered acceptable when specific conditions are met: heirs’ farā’iḍ entitlements are first identified as a baseline, any reallocation is grounded in genuine and informed consent, and no heir’s core rights, particularly those of vulnerable parties, are nullified. The study contributes a set of measurable normative indicators to assess whether the practice constitutes procedural adaptation, limited compromise, or a normative deviation from Islamic inheritance law, while also distinguishing social-legal legitimization (witnesses and written documentation) from strict Sharīʿa validity requirements.
Perbedaan dan Persinggungan Konseptual antara Falsafah Syariah dan Falsafah Tasyri’: Conceptual Differences and Intersections between Falsafah al-Sharī‘ah and Falsafah al-Tashrī‘ Syamsul Ilmi; Rahmatiah HL; Lomba Sultan; Noercholis Rafid. A
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i2.1857

Abstract

Philosophical studies, particularly in Islamic legal philosophy, continue to generate dynamic intellectual discourse among scholars of Islamic law. One significant area of inquiry concerns the relationship between the philosophy of sharia (falsafah al-sharī‘ah) and the philosophy of legislation (falsafah al-tashrī‘). The urgency of distinguishing and understanding the points of convergence between these two concepts becomes increasingly evident when Islamic law is confronted with contemporary challenges. This study focuses on two main objectives: (1) comparing the scope, objects, and approaches of falsafah al-sharī‘ah and falsafah al-tashrī‘; and (2) providing a clear conceptual framework to prevent overlap and terminological confusion between these two concepts in the study of Islamic legal philosophy. This research employs a qualitative library-based method using normative-theological and conceptual-comparative approaches. Data were collected from classical and contemporary Islamic legal literature and analyzed using descriptive-analytical techniques. The findings indicate that falsafah al-sharī‘ah is oriented toward legal values, objectives, and wisdom (maqāṣid), whereas falsafah al-tashrī‘ focuses on the legislative process and the methodology of legal formulation. Both intersect within the domains of maqāṣid al-sharī‘ah and uṣūl al-fiqh, which function as a bridge between ideal values and the normative formulation of Islamic law. This study contributes conceptually to clarifying the epistemological foundations of Islamic legal philosophy and its relevance to the development of contemporary Islamic law.
Ventilator Withdrawal Dilemma" in contemporary Islamic Law (Contemporary Fiqh), the Ethical Implications of Joint Decision-Making and the Maqasid al-Shariah Perspective Adrianto; Haslinda
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i2.1884

Abstract

Fatwas from various scholars and Islamic jurisprudence councils generally permit the withdrawal of ventilator support or the cessation of life-sustaining treatment if the patient is in a terminal condition and medical treatment is deemed futile, allowing death to occur naturally. This differs from active euthanasia (lethal injection) which is strictly forbidden (haram) in Islam.  The relevant methodology is a qualitative, multidisciplinary (interdisciplinary) research approach focusing on library research and content analysis. This approach is crucial for bridging the gap between clinical biomedical ethics and Islamic legal traditions, The study results indicate that first, In contemporary Fiqh (Islamic jurisprudence), the withdrawal of ventilator support for patients with a minimal prognosis is permissible, with emphasis on the principle of avoiding futility (la darar wa la dirar - no harm inflicted or reciprocated) and the priority of preserving life (hifz al-nafs) in accordance with the perspective of Maqasid al-Shariah (the objectives of Shariah). This decision involves joint decision-making between the medical team, the patient (or their guardian), and religious scholars (ulama). second, The practical implications of shared decision-making (SDM) among the patient, family, and physician in the dilemma of ventilator withdrawal are significant, These implications include: Ethical and Legal Decision-Making, Improved Patient-Centered Care: Emotional Support for Families: and Strengthened Doctor-Patient/Family Relationships: third, The main normative contribution of maqasid al-shariah (objectives of Shariah) in navigating the dilemma of ventilator withdrawal lies in balancing the fundamental objective of preserving life (hifz al-nafs) with the principle of avoiding harm and hardship (maslahah and darurat avoidance).
Korupsi, Hadiah, dan Hibah dalam Hukum Positif dan Fikih Kontemporer: Corruption, Gifts, and Grants in Positive Law and Contemporary Fiqh Nurahmad; Misbahuddin; Shuhufi
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i2.1891

Abstract

This study examines the conceptual and practical distinctions between corruption, gifts, and grants within Indonesia’s legal framework while analyzing how contemporary Islamic jurisprudence interprets similar practices that may lead to unethical influence. This study's goal is to address the central problem of determining when a gift becomes an illicit benefit, how moral considerations shape decision-making by public officials, and why the convergence of ethical and legal standards is essential for maintaining public trust. Using a normative juridical method, the study reviews legal norms, scholarly opinions, ethical principles, and selected cases to understand how rules and moral reasoning interact. The findings of this study indicate that Indonesian positive law clearly distinguishes corruption, grants, and gifts based on the relationship to public office, conflicts of interest, and transparency obligations as regulated under the Anti-Corruption Law and KPK regulations. In contrast, contemporary Islamic jurisprudence evaluates grants and gifts given to public officials as potentially constituting risywah when they are accompanied by an intention to influence decisions or result in social injustice. Comparative analysis demonstrates that the legal-formal approach of positive law and the moral-transcendental approach of Islamic jurisprudence are not contradictory but complementary. Both legal systems converge on the shared objective of safeguarding public integrity, justice, and the public interest. The integration of normative legal mechanisms with ethical principles derived from maqāṣid al-sharī‘ah produces a more comprehensive framework for corruption prevention. The novelty of this research lies in the formulation of an integrative analytical model that bridges legal certainty with moral consciousness. This model reframes the regulation of gratification not merely as an administrative obligation but as an instrument for cultivating ethical integrity among public officials. Accordingly, the study contributes both theoretically to the development of integrative legal scholarship and practically to the advancement of morally grounded anti-corruption policies in modern society.
Analisis Normatif Partisipasi Politik Pemuda muslim dalam Demokrasi Digital perspektif fikih siyasah: A Normative Analysis of Muslim Youth Political Participation in Digital Democracy from the Perspective of Fiqh Siyasah Salpiyah; Nurfadillah Wilmayanti; Hilda Hinaya; Kurniati
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i2.1903

Abstract

This study examines Muslim youth political participation in digital democracy from the perspective of fiqh siyasah. Using a qualitative approach with library research, the study analyzes classical and contemporary Islamic political jurisprudence alongside scholarly works on digital politics. Data were analyzed descriptively through the framework of Maqashid Sharia. The findings reveal two primary forms of digital political participation: low-cost and high-cost participation. Low-cost participation, such as liking, sharing, and commenting, is inclusive but vulnerable to misinformation and disinformation. In contrast, high-cost participation—including content creation, digital advocacy, and mobilization—demonstrates stronger commitment but risks intensifying digital polarization. To address these challenges, this study proposes a Digital Fiqh Siyasah framework grounded in four core principles: ‘Adl (justice), Amanah (responsibility), Maslahah (public interest), and Syura (deliberation). This framework serves as an ethical guide for Muslim youth citizenship in digital spaces and bridges classical Islamic political ethics with contemporary digital democratic practices.

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