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Heri Firmansyah
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Albayan : Journal of Islam and Muslim Societies
Published by Yayasan Dar Arrisyah Indonesia
ISSN : -     EISSN : 30646219     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Albayan Journal of Islam and Muslim Societies (AJIMS) is an international peer reviewed journal published by Yayasan Dar Arrisyah Indonesia. AJIMS has the primary academic mission to develop various Islamic studies based on contemporary Islamic perspective, particularly in Indonesia, and Commonly in Asia and Middle East.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 62 Documents
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Konsep Keadilan Sosial dalam Perspektif Hukum Tata Negara dan Fiqh Siyasah Adelia Salsabila; Aulia Ramadani; Citra Dewi Lestary; Nayla Kanaya; Nurfatiha Salsabila
Albayan Journal of Islam and Muslim Societies Vol. 3 No. 01 (2026)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract : Social justice is one of the fundamental objectives of state governance, aimed at achieving public welfare, equality of rights, and the protection of all citizens. This study seeks to analyze the concept of social justice from the perspectives of Constitutional Law and Fiqh Siyasah, as well as to identify their similarities, differences, and relevance to the development of Indonesia’s constitutional system. The research employs a library research method with a qualitative approach by examining various sources, including academic literature, statutory regulations, scholarly journals, and relevant Islamic legal references. The findings reveal that both Constitutional Law and Fiqh Siyasah regard social justice as a primary objective of governance. In Constitutional Law, social justice is realized through the principles of the rule of law, the protection of citizens’ constitutional rights, and the concept of the welfare state. Meanwhile, in Fiqh Siyasah, social justice is manifested through the principles of al-'adalah (justice), maslahah 'ammah (public welfare), amanah (trustworthiness), shura (consultation), and maqasid al-shari'ah (the objectives of Islamic law), all of which are oriented toward the welfare of society. Although these two perspectives differ in terms of their legal sources, philosophical foundations, and mechanisms of implementation, they share substantial common ground in promoting public welfare, protecting fundamental rights, and preventing the abuse of power. Therefore, the values of social justice embedded in Constitutional Law and Fiqh Siyasah can complement one another in supporting the development of a democratic, just, and welfare-oriented constitutional system in Indonesia.     Keywords: Social Justice; Constitutional Law; Fiqh Siyasah; Welfare State; Maqasid al-Shari'ah.  
Reaktualisasi Ijtihad Sebagai Metode Penetapan Hukum Islam Dalam Menghadapi Transformasi Digital Raisya Kaila Assyifa Harahap; Anisa Febriani; Siti Azmi Azhar; Rabbany Al Ghifari; Habib Maulana Fansury
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2025): Spesial Edition: Islam, Law and Constituanality
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

The development of digital technology has brought about fundamental changes in various dimensions of life, including in the realm of Islamic law. Various new phenomena, such as electronic transactions, artificial intelligence, cryptocurrencies, financial technology (fintech), and digital-based religious practices, give rise to legal issues that require more adaptive and contextual normative responses. This study aims to examine the urgency of reactualizing ijtihad as a method for establishing Islamic law in the face of digital transformation, while simultaneously analyzing the relevance of the principles of usul fiqh in addressing various contemporary legal challenges. This study uses a normative legal method with a conceptual approach and library research. Research data were obtained from primary sources in the form of usul fiqh books and Islamic legal literature, and are supported by various scientific journals and relevant previous research results. The research findings indicate that reactualizing ijtihad is a crucial need to maintain the continuity and relevance of Islamic law amidst technological developments, without neglecting the basic values ​​of sharia. In this context, the approaches of maqāṣid al-syarī‘ah, maṣlaḥah mursalah, qiyās, and collective ijtihad play a strategic role as instruments in producing adaptive, moderate, and ummah-oriented Islamic legal provisions in the digital era. This finding aligns with various contemporary studies that emphasize the importance of integrating usul fiqh and maqāṣid al-syarī‘ah in responding to technological developments and various new legal issues in the digital era.

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