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Jurnal Cendikia ISNU SU
Published by ISNU Sumatera Utara
ISSN : 30639530     EISSN : -     DOI : https://doi.org/10.70826/jcisnu.v3i1.1314
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal includes, but is not limited to, the following areas: Criminal Law, Civil Law, and Constitutional Law: Contemporary analysis, interpretation, and application of positive law in addressing challenges within the justice system. Islamic and Sharia Law: Studies on the principles, application, and adaptation of Islamic law in modern contexts, including Islamic banking, family law, inheritance, and related issues. Legal Integration: Exploration of the interaction and harmonization between secular law and Islamic law, particularly within pluralistic legal frameworks. Comparative Legal Studies: Cross-jurisdictional analysis of Islamic law and other legal systems to identify similarities, differences, and their implications for legal practice and policy-making. Case Studies and Legal Practices: In-depth examination of landmark and contemporary legal cases to highlight the practical implementation, enforcement, and interpretation of law in real-life situations. The journal welcomes contributions in the form of theoretical explorations, empirical research, and critical reviews of significant legal issues. By encouraging both disciplinary and interdisciplinary approaches, the journal seeks to promote innovative perspectives that enrich academic discourse, strengthen legal theory and practice, and contribute to the development of law as a foundation of justice and social order.
Arjuna Subject : Umum - Umum
Articles 84 Documents
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Criminal Acts of Persecution in the Perspective of Islamic Criminal Law and the Criminal Code: A Comparative Analysis of Concepts and Sanctions Fery Dianta Ginting; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1324

Abstract

The crime of persecution is a crime against the human body that has a direct impact on the protection of human rights, a sense of justice, and social order, so that its regulation is an important issue in criminal law. Differences in the applicable legal system affect how an act is qualified as persecution and how criminal sanctions are imposed on the perpetrator. This paper aims to analyze comparatively the concept of the criminal act of persecution and its sanctions from the perspective of Islamic Criminal Law and the Criminal Code, as well as assess the relevance of the normative values contained in it for the development of national criminal law. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. The legal materials used include laws and regulations, sources of Islamic law, as well as relevant legal doctrines and literature, which are analyzed qualitatively by prescriptive-analytical methods. The results of the discussion show that the Criminal Code views persecution as a violation of public order and the legal interests of the state with the imposition of criminal sanctions that are repressive and state-centric, so that the role of victims in the criminal process is relatively limited. Islamic Criminal Law views persecution as a jinayah against the human body that emphasizes the principles of balance, proportionality, and protection of the rights of victims through the concepts of qishash and diyat, as well as opening up space for forgiveness and the restoration of social relations. The conclusion of this study confirms that the comparison of the two legal systems shows a significant difference in the criminal paradigm, where the values of substantive justice and restorative orientation in Islamic Criminal Law have important relevance to be used as a normative reference in the reform of national criminal law, especially in the regulation of criminal acts of persecution that are more just and humane.
Reconstruction of the Theory of Legal Authority in Islam: A Dialectic between Revelation, Reason, and Social Reality Manswab Mahsen Abdulrahman; Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1475

Abstract

This study reconstructs the theory of legal authority in Islam by examining the dialectical relationship between revelation, reason, and social reality as the three fundamental epistemological pillars of Islamic legal formation. The study is motivated by the inadequacy of classical hierarchical models of legal authority to fully explain contemporary legal challenges arising from technological advancement, globalization, and increasing social complexity. Accordingly, the research aims to develop a reconstructed theoretical framework that explains how Islamic legal authority is generated through the dynamic interaction of divine revelation, rational interpretation, and empirical social context. This research employs a qualitative library research method using historical, philosophical, and conceptual approaches. Primary sources include the Qur'an, Hadith, classical works of uṣūl al-fiqh, and contemporary scholarship on Islamic legal theory, which are analyzed through critical, comparative, and dialectical methods. The findings demonstrate that revelation remains the supreme source of normative legitimacy, reason functions as the epistemological mechanism for legal interpretation through qiyās, istiḥsān, and maṣlaḥah, while social reality serves as an empirical dimension that continuously shapes contextual legal reasoning through ijtihād. Beyond reaffirming these traditional roles, this study proposes a reconstructed Triadic Dialectical Authority Model, in which legal authority emerges from the continuous interaction among normative legitimacy, rational coherence, and contextual responsiveness rather than from a purely hierarchical relationship. This model offers a theoretical contribution by redefining Islamic legal authority as a dynamic epistemological system capable of preserving the primacy of revelation while remaining adaptive to contemporary legal and societal transformations. The study concludes that the future development of Islamic jurisprudence requires an integrative approach that strengthens collective ijtihād, interdisciplinary engagement, and maqāṣid al-sharī'ah-oriented legal reasoning to ensure both normative authenticity and practical relevance.
From Usul Fiqh to Modern Islamic Legal Theory: The Transformation of Legal Discovery Methodology in the Islamic Intellectual Tradition Azka Rayyani; Eka Putra Zakran; Maya Surya
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1476

Abstract

The development of modern society has given rise to increasingly complex legal issues, thus demanding reforms in the methodology for discovering Islamic law. In the classical Islamic intellectual tradition, ushul fiqh serves as the primary methodological framework for understanding and establishing law derived from the Qur'an and Sunnah. This study aims to analyze the transformation of the methodology for discovering law from the classical ushul fiqh framework to the development of modern Islamic legal theory within the Islamic intellectual tradition. This study employed library research with historical and normative approaches. Data were obtained through a review of classical ushul fiqh literature and the works of modern Islamic legal thinkers. The historical approach was used to trace the development of the methodology for establishing law within the Islamic tradition, while the normative approach was used to analyze methodological concepts in Islamic legal theory and their relevance to contemporary issues. The results show that classical ushul fiqh developed a methodology for discovering law oriented toward textual analysis of the sources of revelation and the use of legal analogy as a rational instrument in expanding the scope of law. However, the complexity of modern issues has given rise to criticism of the limitations of this approach. In the development of contemporary thought, modern Islamic legal theory seeks to integrate the maqasid al-shariah approach, the principle of benefit, and social analysis as a more contextual methodological framework in the process of legal discovery. This study concludes that the transformation of legal discovery methodology within the Islamic tradition is a process of intellectual evolution aimed at maintaining the relevance of Islamic law in the face of changing times. Therefore, the development of Islamic legal methodology needs to continue to be directed towards integrating normative principles of sharia with analysis of the social realities of modern society.
Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory Zulfikri; Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1477

Abstract

Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.

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