cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Aan Nasrullah
Contact Email
lp2m@staimnglawak.ac.id
Phone
+6282228047272
Journal Mail Official
lp2m@staimnglawak.ac.id
Editorial Address
Jalan Wilis Kramat Kecamatan Nganjuk Kabupaten Nganjuk Provinsi Jawa Timur Telp: (0358) 325743
Location
Kab. nganjuk,
Jawa timur
INDONESIA
ILJS
Published by Universitas Pangeran Diponegoro Nganjuk
ISSN : -     EISSN : 27467511     DOI : 10.53429
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Islamic Law is a scientific journal that contains original works of experts in the field of Islamic law that have not been published in the form of articles regarding empirical research and problematic conceptual ideas of law, politics, and Islam through an interdisciplinary, multidisciplinary, transdisciplinary, and cross-disciplinary approach. This journal is published twice a year in March and September in print and online. Islamic Law was published by Lembaga Penelitian (Lemlit) Universitas Pangeran Diponegoro Nganjuk, Jawa Timur
Arjuna Subject : Ilmu Sosial - Hukum
Articles 141 Documents
 11   12   13   14   15 
Konsep Pemilihan Imamah dalam Pemikiran Al-Ghazali dan Relevansinya terhadap Prinsip Kepemimpinan Nasional Veisya Dian Maharani Siregar; Zulkifli Nas
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2799

Abstract

This research examines the idea of imamah within the views of Imam Al-Ghazali and its significance to the principles governing national leadership. The primary question addressed in this study is how Al-Ghazali's interpretation of imamah is perceived in the framework of Islamic governance and how these ideas can align with contemporary national leadership practices. Al-Ghazali describes the process of choosing an imam as being possible through (ahl al-hall wa al-‘aqd) or via the prior leader's endorsement and delegation, provided that it adheres to the principle of serving the public's welfare. This study employs qualitative research methods, specifically utilizing a library research approach to analyze Al-Ghazali's writings and pertinent academic sources, with the objective of investigating the concept of imamah, the foundation of legitimacy, and Al-Ghazali's leadership principles. The findings indicate that, according to Al-Ghazali, imamah is an important institution to preserve religion and regulate community life. A leader must have requirements such as competence, knowledge, and piety. This concept has relevance to the principles of modern national leadership, especially in aspects of morality, responsibility, justice, and orientation towards the welfare of the people.
Rangkap Jabatan dalam Pemerintahan di Aceh: Perspektif Siyasah Syar’iyyah Setiawan Ariwiba
Bahasa Indonesia Vol 11 No 2 (2026): Islamic Law: Jurnal Siyasah September 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i2.2805

Abstract

This study aims to analyze the legal consequences and implications of concurrent positions (dual office-holding) in Aceh from the perspectives of positive law and Siyasah Syar'iyyah. This research is a library research employing a normative juridical type with a statute approach, utilizing primary legal materials in the form of legislation and secondary legal materials such as books, scientific journals, and other relevant sources. The results show that the practice of concurrent positions occurring in several regions in Aceh contradicts various legal provisions, including Government Regulation Number 47 of 2005, Government Regulation Number 11 of 2017, and Law Number 20 of 2023 concerning the State Civil Apparatus. This practice has the potential to create conflicts of interest, abuse of authority, decreased professionalism, hinder the effectiveness of public services, and undermine the principles of good governance. From the perspective of Siyasah Syar'iyyah, concurrent positions are considered contrary to the principles of trust (amanah), justice (al-'adl), professionalism (al-kafa'ah), and public interest (mashlahah ammah), as they can reduce the optimal execution of duties and create injustice in the distribution of power. Therefore, strengthened supervision and law enforcement are required to realize a professional, accountable governance system that is in accordance with the values of Islamic sharia.
Pandangan Hakim Pengadilan Agama Kota Medan tentang Legalitas Akun Konten Digital Sebagai Harta Bersama Ajrina Tamimi; Rizki Muhammad Haris
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2806

Abstract

The development of the digital economy in Medan City has made social media accounts (Instagram, TikTok, YouTube) function as income-generating family assets. However, their immaterial nature and the platform's privacy regulations create obstacles in determining their status and distribution as joint assets during divorce. This study aims to clarify the legal status of digital accounts as joint assets, analyze the legal considerations of Medan Religious Court Judges, and formulate a fair and practical distribution pattern. Using a qualitative juridical-empirical method (socio-legal research) with semi-structured interviews with the leadership and senior judges of the Medan City Religious Court and a study of legal materials, the results of the study indicate that digital accounts substantively meet the qualifications for joint assets based on the huquq maliyah doctrine in contemporary muamalah fiqh. Medan City Religious Court Judges have progressively established the principle of economic value as the main barometer for determining joint assets as long as they generate financial conversion during marriage. The distribution and execution mechanism can be carried out through two legal constructions, namely liquidation/sale of accounts or shared access control with the distribution of royalties/passive income, although the courts still face challenges in the aspect of proof (onus probandi) related to activity, turnover, and the period of account creation.
Implementasi Perda Kabupaten Tapanuli Tengah No 2 Tahun 2024 Tentang Pajak Daerah dan Retribusi Daerah Perspektif Siyasah Dusturiyah (Studi Kasus Parkir Sebagai Retribusi Daerah) Chanya Tahira Ibrahim Lubis
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2807

Abstract

This study examines the implementation of Tapanuli Tengah Regency Regional Regulation Number 2 of 2024 on Regional Taxes and Regional Levies, particularly the implementation of parking levies within the Office of Population and Civil Registration (Disdukcapil) of Tapanuli Tengah Regency from the perspective of Siyasah Dusturiyah. This study is motivated by a controversy surrounding the collection of parking levies, which was subsequently suspended following an inspection conducted by the Tapanuli Tengah Regency Regional House of Representatives (DPRD). This research employs an empirical juridical method using statutory and case approaches. Data were obtained through interviews with representatives of the DPRD, the Transportation Agency, and the Office of Population and Civil Registration, supported by relevant legislation and academic literature. The findings indicate that the implementation of parking levies has not been optimal due to problems concerning legal certainty, differences in public perceptions, and inadequate interinstitutional coordination and communication. The controversy was influenced by juridical, sociological, and administrative factors. From the perspective of Siyasah Dusturiyah, the implementation of parking levies may be justified insofar as it is oriented toward public benefit (maslahah), justice, trustworthiness (amanah), and legal certainty. Therefore, clear technical regulations and stronger interinstitutional coordination are required to ensure that parking management provides benefits to the public while contributing to regional revenue through lawful and transparent mechanisms.
Analisis Tanggung Jawab Pemerintah Daerah dalam Pemerataan Tenaga Pendidik Perspektif Siyasah Dusturiyah Muhammad Ihsan Sinaga; Ilhamsyah Pasaribu
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2808

Abstract

This study aims to analyze the responsibility of the Regional Government in distributing teaching personnel equitably at SDN 108031 Huta Klambir and examine it from the perspective of siyasah dusturiyah. This study employs a qualitative approach using field research and an empirical juridical approach. Data were collected through interviews, observation, and documentation concerning the availability of teachers and the implementation of learning activities at the school. The results show that SDN 108031 Huta Klambir is located in a remote area with 60 students and has one civil servant principal, three PPPK teachers, and two volunteer teachers. The shortage of teaching personnel requires teachers to assist one another when classes are left without teachers, resulting in less effective learning. Three PPPK teachers also contribute to the payment of two volunteer teachers at Rp50,000 four times, totaling Rp200,000 per PPPK teacher. Although the teacher shortage has been reported to the Education Office, the government has not provided certainty regarding additional teachers and continues to ask the school to wait for data mapping. This condition is analyzed based on Law Number 14 of 2005 concerning Teachers and Lecturers, particularly Article 24 paragraph (3), which stipulates that regency/city governments are responsible for meeting the needs of teachers in terms of number, academic qualifications, and competencies equitably to ensure the continuity of basic education. From Imam Al-Mawardi’s perspective, this condition demonstrates the need for stronger government responsibility based on the principles of trust, justice, and public welfare.
Peran Penghulu Sebagai Konselor dalam Meminimalisir Perceraian Hawwin Maylafaiza; Ilhamsyahpasaribu
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2810

Abstract

Marriage is a sacred bond between a man and a woman that aims to form a harmonious, loving family and produce offspring. However, the high divorce rate indicates a mismatch between expectations and reality in domestic life. This study aims to analyze the role of the penghulu as a counselor in minimizing divorce at the KUA Percut Sei Tuan District, with a focus on the role of the penghulu, premarital guidance and counseling strategies, and obstacles to its implementation. This study is an empirical juridical study with a legal science and legal sociology approach. The data consists of primary and secondary data. Primary data was obtained through interviews with the penghulu and related parties at the KUA Percut Sei Tuan District, while secondary data was obtained from Law Number 1 of 1974 concerning Marriage and relevant literature. Data collection was carried out through observation, interviews, and documentation, then analyzed qualitatively. The results of the study indicate that the penghulu not only plays a role as a marriage registrar, but also as a mediator and family counselor. The registrar uses a persuasive approach through dialogue, advice, and mediation in an effort to help couples resolve conflicts peacefully before they end in divorce.
Daluwarsa sebagai Syarat Formil Gugatan Pembatalan Poligami Tanpa Izin oleh Anak Kandung (Tinjauan Teori Radbruch atas Putusan PA Medan No. 617/Pdt.G/2025/PA.Mdn) Cici Fathona; Bagus Ramadi
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2811

Abstract

In judicial practice, marriage annulment is determined by material and formal conditions, including the statute of limitations. Problems arise when biological children who have legal standing, their lawsuit is still not accepted due to the statute of limitations and formal defects. This study aims to analyze the regulation of the statute of limitations as a formal requirement in a lawsuit for the annulment of a polygamous marriage without permission by biological children, its application in the Medan District Court Decision No. 617/Pdt.G/2025/PA.Mdn, and assess it through Gustav Radbruch's Theory of Legal Purpose. This normative juridical research uses a statutory and case approach with qualitative analysis of legal materials in the literature. The results of the study show that the statute of limitations is regulated in Article 27 paragraph (3) of the Marriage Law, Article 72 paragraph (3) of the Compilation of Islamic Law, and SEMA No. 2 of 2024. The judge acknowledged the legal standing of biological children, but the lawsuit was declared inadmissible due to the statute of limitations, lack of parties, and the marriage having ended due to death. Exceptions related to the element of not acting in good faith in SEMA No. The provisions of Law No. 2 of 2024 and the initial parameters for calculating the statute of limitations for biological children have not been adequately studied, so their application still relies on judicial interpretation. Based on Gustav Radbruch's Theory of Legal Objectives, the decision emphasizes legal certainty over justice and expediency. This study concludes that there is a need for clarity regarding the initial calculation of the statute of limitations and a more comprehensive application of the exceptions in SEMA No. 2 of 2024 to achieve legal objectives in a balanced manner.
Pandangan Ulama Kota Medan terhadap Kedudukan Hukum Rujuk Tanpa Persetujuan Istri Pasca Talak Raj'i Septia Melati Indra Putri; Junaidi Lubis
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2812

Abstract

This study examines the views of Medan City scholars on the legal status of reconciliation without the wife's consent after talaq raj'i. The background of the problem in this journal is the difference in views of Medan City scholars, some scholars require the wife's consent, others consider reconciliation to be valid without it. This study aims to describe and analyze these views using the normative-empirical research method with a qualitative approach through in-depth interviews with the Chairman of the Fatwa Commission of the North Sumatra MUI, Muhammadiyah figures, Nahdlatul Ulama figures, and one of the leaders of an Islamic boarding school in Medan City. The results of the study indicate that the wife's consent in reconciliation is not absolute, but depends on considerations of benefit; the greater the benefits of reconciliation for both parties, the more recommended the wife's involvement is for the realization of a sakinah, mawaddah, warahmah household.
Tinjauan Siyasah Dusturiyah terhadap Kewajiban Penyelenggara Sistem Elektronik dalam Pelindungan Anak Menurut Peraturan Menteri Komunikasi dan Digital Nomor 9 Tahun 2026 Febri Adelia Ningsih; Akmaluddin Syahputra
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2813

Abstract

This study examines the obligations of Electronic System Providers (PSE) in protecting children in the digital realm under Minister of Communication and Digital Regulation Number 9 of 2026, as well as its review from the perspective of siyasah dusturiyah (Islamic constitutional law). The background is the increasing use of the internet by children in Indonesia, which brings benefits but also risks such as inappropriate content, cyberbullying, online sexual exploitation, digital addiction, and weak supervision. This regulation requires PSEs to set minimum age limits, conduct risk assessments and child-protection design, verify child users, provide parental controls, and submit to supervision and administrative sanctions. The study employs a juridical-empirical method with legal, sociological, and siyasah dusturiyah approaches, through literature review and interviews with the North Sumatra Provincial Communication and Informatics Office. The results show that these obligations align with the principles of siyasah dusturiyah, namely amanah (trust), justice, leadership, public interest (maslahah 'ammah), and maqashid al-shari'ah (objectives of Islamic law), particularly in protecting children's life, intellect, lineage, property, and honor. Thus, this regulation not only fulfills positive legal aspects but is also consistent with Islamic values in realizing comprehensive child protection in the digital era
Analisis Maslahah Mursalah terhadap Pelaksanaan Adat Butayuh pada Masyarakat Desa Sukanegara, Kecamatan Pesisir Tengah, Kabupaten Pesisir Barat Ananda Lasipa Purnama; Zuhraini; Uswatun Hasanah
Bahasa Indonesia Vol 11 No 2 (2026): Islamic Law: Jurnal Siyasah September 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i2.2818

Abstract

This study examines the implementation of the Butayuh custom among the people of Sukanegara Village, Pesisir Tengah District, Pesisir Barat Regency, and analyzes it from the perspective of Maslahah Mursalah. The research focuses on how the Butayuh custom is implemented and how it is viewed through the concept of Maslahah Mursalah. This study aims to describe the implementation of the custom and analyze the benefits embodied in the tradition. This research is a field study employing a qualitative method with a normative-empirical approach. Data were collected through interviews, observation, and documentation and analyzed descriptively and analytically using the theory of Maslahah Mursalah. The findings show that the Butayuh custom remains part of the local marriage tradition and contains beneficial values, particularly in preserving customs and strengthening social and family relationships. The tradition may be accepted as long as its implementation does not contradict the principles of Islamic law.

Page 13 of 15 | Total Record : 141

 11   12   13   14   15 

Filter by Year

2020 2026


Reset
Filter By Issues
All Issue Vol 11 No 2 (2026): Islamic Law: Jurnal Siyasah September 2026 Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026 Vol 10 No 2 (2025): Islamic Law: Jurnal Siyasah, September 2025 Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025 Vol 9 No 2 (2024): Islamic Law: Jurnal Siyasah, September 2024 Vol 9 No 1 (2024): Islamic Law: Jurnal Siyasah, Maret 2024 Vol 8 No 02 (2023): Islamic Law September 2023 Vol 8 No 01 (2023): Islamic Law Maret 2023 Vol 7 No 02 (2022): Islamic Law September 2022 Vol 7 No 01 (2022): Islamic Law Maret 2022 Vol 6 No 2 (2021): Islamic Law September 2021 Vol 6 No 1 (2021): Islamic Law Maret 2021 Vol 5 No 2 (2020): Islamic Law September 2020 More Issue