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M. Chaerul Risal
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Jurnal Al Tasyri'iyyah
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 28279255     EISSN : 28279069     DOI : https://doi.org/10.1234/
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Al Tasyriiyyah Journal is a journal of state administration law study program, faculty of sharia and law, alauddin islamic state university. Al Tasyriiyyah Journal is a scientific journal that publishes articles related to the study of constitutional law, islamic state law, and various scientific studies in the field of law. Al Tasyriiyyah Journal is published by the State Administration Law Study Program, Faculty of Sharia and Law, Alauddin State Islamic University, Makassar. Al Tasyriiyyah Journal accepts manuscripts or articles in the field of Islamic Law, constitutional law, islamic state law and Law from various academics and researchers, both national and international. The articles published in the journal al treatise are articles that have been reviewed by Bestari Partners or peer reviewers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "VOLUME 1 ISSUE 1, JUNE 2021" : 5 Documents clear
Democracy and Modern State: Siyasah Shar’iyyah Analysis Syatar, Abdul
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.v0i0.20139

Abstract

This article aims to reveal the intersection of the relevance of democracy in the modern state system and the system of government in Islam. This research uses a socio-cultural approach. The results show that democracy has two essential aspects, namely as a system and form of the state, and as universal values that are fought for the sake of human dignity. In the first aspect, as a system and form of state, democracy cannot meet the concept of Islam because it does not speak of a particular system and form of a state. Islam is more of a religion and a social rule of life, not talking about a system, let alone the form of a state. In the second aspect, human values must be fought. Democracy can be in line with Islamic teachings. It covers the value of egalitarianism (al-musāwah), freedom (al-huriyah) and pluralism (ta` adudiyah), does not contradict Islamic principles, even long before Islam has spoken about and fought for these values. It does not mean that democracy is entirely following the spirit and breadth of Islam. Islam also contains other principles that democracy does not carry. The principles in question are the principles of syūrā (deliberation). From this understanding of democracy, what the Islamic democratic system wants to aim at is the implementation of Islamic teachings as a whole and consequently to create a benefit as aspired by siyāsah syar'iyah.Keywords: Democracy; Islamic Politics; Modern State; Siyasah Shar’iyyah
The Epistemology Of Siyasah Studies In The Philosophy Of UIN Alauddin Makassar Scientific Trains Kurniati, Kurniati; Rahmiati, Rahmiati
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.v0i0.20443

Abstract

The process of developing a scientific train philosophy is a human problem considering its position as a new scientific philosophy and requires a strong epistemological construct in terms of its source, structure, method and validity. The presence of a new scientific philosophy in the UIN Alauddin Makassar environment as a development of the scientific philosophy of the house of civilization, of course has consequences for tridharma activities including the epistemology of siyasah Syar'iah studies. To answer this problem, this study applies a descriptive-analytical qualitative research model using a multidisciplinary approach. The results showed that the study epistemology of Siyasah Syar'iyah in the UIN Alauddin Makassar environment from the source of the study had been developed by combining various normative bases in line with the vision and mission concept as a faculty and program study and supported by a curriculum of practical elaboration of the vision and mission. In line with that, the paradigm of Siyasah Syar’iyah study in the spectrum of scientific train philosophy places the study of siyasah syariyah to be more inclusive and is required to accommodate various sources, structures, methods and validity of syariyah syariyah that are relevant and constructed.Keywords: Epistemology; Siyasah Syar'iyah; Scientific Train.  
The Concept of Ijtihad as a Method of Renewing Ibn Taimiyah's Islamic Law Umar, Marzuki
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.v0i0.20444

Abstract

Islamic law is a law based on the Qur'an, hadith, qiyat and ijma'. In essence, Islamic law is used as the basis of life and solutions to human problems. However, at present, the diversity of problems faced by humans makes Islamic law seem rigid and too binding. This paper will explain the concept of Ijtihad by Ibn Taimiyah in the context of reforming Islamic law. This research is in the form of library research through content analysis techniques. The main sources used by Ibn Taimiyah in performing ijtihad are the Qur'an and hadiths. He never put reason as a basis for thinking because for him reason is weak and weakens belief in the religion of Allah. In addition, he carried out Ijtihad by providing comparisons between existing schools and trying not to influence anyone because the method of ijtihad he did was ijtihad independently. The results of ijtihad produced by Ibn Taimiyah which are currently used are the requirements for the implementation of prostration and recitation as well as the exchange of unproductive waqf assets.Keywords: Islamic Law; Ibnu Taimiyah; Ijtihad
Directorate General Of Islamic Community Guidance Practice Regulation Number: Dj.Ii/542 Year 2013 In Increasing The Family Resilience Of West Palu Society Through Marriage Guidelines Muh. Arief, Haerolah
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.v0i0.20613

Abstract

Problems in the household ark will eventually stymie the noble ideals of marriage. In this regard, this study is concerned to increase family resilience in the West Palu sub-district through self-collective marriage guidance based on the Directorate General of Islamic Community Guidance Regulation Number DJ. II/542 of 2013. In order to obtain a comprehensive study of the research problem, this study employs a combination of qualitative and quantitative methods. According to the study's findings, the implementation of premarital guidance for prospective brides at the KUA in West Palu District provided benefits but was ineffective. Thus, solution efforts must be made by referring to and following the guidelines for implementing premarital guidance, both in terms of material content and implementation patterns, as well as the existence of institutional support for the Indonesian Ministry of Religion as a budget provider and other institutions, and including premarital guidance as a mandatory requirement in marriage registration requirements.Keywords: Regulation; Family Resilience, Marriage Guidance
Pros and Cons of Online Criminal Case Settlement During the Covid-19 Pandemic: Study on Islamic Criminal Law Hasan, Hamzah
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 1, JUNE 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.v0i0.21396

Abstract

The online criminal trial discourse has become a hot discussion topic by criminal law practitioners, especially regarding the obscenity case in Petamburan that involved the suspect, HRS. HRS himself and his lawyer refused to hold the online trial for being contrary to the Criminal Procedure Code (KUHAP) although there is a Memorandum of Understanding between the Supreme Court, Attorney General's Office, Police, and the Directorate General (Ditjen) of Corrections regarding the Implementation of Criminal Trial Proceedings via video conferencing as efforts to prevent the spread of Covid-19 on April 13, 2020. This study aims to provide an answer that Islamic criminal procedural law can accommodate models of virtual criminal case resolution because it considers emergency situations. Moreover, the reason for the emergency has to do with humanity. The data used as materials for data analysis was library research which were taken from fiqh books, written documents, laws and other regulations. The results show that Islamic criminal law can consider its feasibility.Keywords: Virtual criminal court – Islamic criminal

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