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AL-Daulah
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 2303050x     EISSN : 25805797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan (Al-Daulah : Journal of Criminal Law and Constitution) focuses on areas in Islamic Criminal and Constitution Law.
Arjuna Subject : -
Articles 4 Documents
 1 
Search results for , issue "Vol 13 No 2 (2024): (December)" : 4 Documents clear
Reception of Tāj al-Dīn al-Subkī’s Jamʿ al-Jawāmiʿ and Its Impact on Post-Classical Uṣūl al-Fiqh Literature al-Hudawi, Mohamed Jabir Ali
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 2 (2024): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i2.51130

Abstract

Research Objective: This study examines post-classical uṣūl al-fiqh literature through Tāj al-Dīn al-Subkī's (d. 771/1370) seminal work Jamʿ al-jawāmiʿ. The inquiry investigates factors contributing to this text's establishment as an educational cornerstone and its impact on Islamic legal scholarship across juristic traditions. Research Method: The research employed historical analysis of biobibliographical sources, tracing commentary evolution across juristic schools. This approach facilitated the reconstruction of intellectual networks through which Jamʿ al-jawāmiʿ proliferated beyond its 8th/14th-century Shāfiʿī origins. Results: This treatise rapidly transcended temporal and geographic boundaries to become integral to Islamic legal education worldwide. The text catalyzed a substantial commentary corpus from diverse juristic schools, demonstrating exceptional scholarly reception across traditional boundaries. Findings and Implications: Analysis reveals sophisticated interplay between base text (matn) and commentary literature, challenging reductive assumptions regarding post-classical Islamic scholarship's originality. Textual transmission practices constituted dynamic sites of intellectual engagement rather than knowledge preservation. Conclusion: Jamʿ al-jawāmiʿ established itself as a pivotal node in uṣūl al-fiqh development, with enduring influence manifested through successive generations of scholarly engagement, transcending juristic schools. Contribution: This study reconceptualizes Islamic legal knowledge transmission, highlighting the commentary literature's critical role in intellectual innovation within traditional educational frameworks. Limitations and Suggestions: Despite source accessibility constraints, the research illuminates underappreciated dimensions of Islamic scholarly traditions. Future scholarship would benefit from a deeper investigation into interpretive legacies within evolving contexts.
Urgency of the Presidential Institution: Strengthening Presidentialism or Perfecting the State System in Indonesia Muhammad Mutawalli; Georges Olemanu Lohalo; Imsirovic, Mirela
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 2 (2024): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i2.51644

Abstract

Research Objective: This study emphasizes the importance of strengthening Indonesia's presidential institution through the advancement of presidentialism and the refinement of its constitutional framework, while also exploring the historical development of presidential power within the country's political dynamics. Research Method: The research employed a qualitative approach, conducting a systematic analysis of existing literature, legal frameworks, and political practices. This analysis assessed the evolution of the presidential institution and its current operational context within Indonesia's constitutional system and democratic governance framework. Results: Identifying correlations between presidential authority and governance effectiveness as the institution has adapted to changing political landscapes and constitutional amendments. The study uncovers patterns of institutional evolution across various presidential administrations. Findings and Implications: The presidential institution is essential for effective governance, particularly in enhancing decision-making processes and ensuring political stability. The research demonstrates that a robust presidential system significantly improves policy implementation and government coherence, while also underscoring the need for constitutional improvements to establish appropriate inter-institutional checks and balances. Conclusion: A strong presidential system is vital for Indonesia to effectively address contemporary governance challenges and maintain national resilience. A well-balanced presidential authority within a democratic framework serves as a foundational element for political stability and effective governance in the modern era. Contribution: This study enhances scholarly understanding of presidentialism within Indonesia's constitutional context, offering analytical insights into how institutional design influences governance outcomes. Additionally, it contributes to constitutional theory by examining presidential power within frameworks of democratic consolidation. Limitations and Suggestions: The study is limited by a lack of empirical data regarding governance outcomes across different presidential administrations. Future research could benefit from comparative analyses of presidential systems in similar emerging democracies, as well as longitudinal studies on presidential effectiveness in specific policy areas
Legal Education through Creed: Reforming Religious Pedagogy in Pluralistic Societies Rahman, Md. Marsudur; Shipon, Md. Amjad Hossain
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 2 (2024): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i2.53847

Abstract

Research Objective: To examine the Center for General Education (CGED) at the International Islamic University Chittagong (IIUC) and evaluate how compulsory creed-based courses influence non-Shariah students' legal awareness, ethical behavior, and normative understanding. Research Method: Mixed-methods empirical approach utilized structured questionnaires, validated religious cognition scales, and semi-structured interviews. Analysis focused on students' internalization of legal norms, theological clarity, and behavioral transformation. Results: Students who completed CGED courses exhibited improved comprehension of Islamic legal principles, stronger ethical reasoning, and greater adherence to civic and religious norms. Participants demonstrated increased ability to distinguish between legitimate religious obligations and cultural misconceptions. Positive spillover effects were reported on families and social circles. Findings and Implications: Integration of classical sources, interactive pedagogy, and digital tools enhanced student engagement and legal literacy. Legally structured creed education has broader societal implications and promotes religious moderation and legal consciousness in pluralistic societies. Conclusion: Creed-based education, when legally structured and pedagogically sound, significantly improves students' moral and civic development. Islamic legal epistemology remains relevant in modern university contexts, offering a viable model for educational policy reform. Contribution: Provides empirical evidence for integrating religious instruction into national university curricula while addressing legal and educational challenges in South Asian Islamic higher education. Limitations and Suggestions: Limited to a single institution (IIUC), restricting generalizability. Focusing on non-Shariah students may not represent broader populations. Future research should examine multiple institutions and investigate long-term behavioral sustainability.
Constitutional Interpretation and Gender Equality: Analyzing the High Court Division's Landmark Decision on Maternal Guardianship in Bangladesh Jusi, Asmaul Hosna; Mohi Uddin
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 2 (2024): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i2.54178

Abstract

Research Objective: This research examines the significant ruling by the High Court Division of Bangladesh's Supreme Court on January 24, 2023, recognizing mothers as legal guardians of their children. The study analyzes this major shift from traditional frameworks recognizing fathers as primary custodians to a system emphasizing equal maternal rights in child custody matters. Research Method: The methodology employed a comprehensive socio-legal analysis combining normative legal examination, case law analysis, and interdisciplinary perspectives. Multiple analytical approaches examined statutory provisions, constitutional articles, and judicial precedents, integrating sociological and psychological perspectives to assess broader societal implications. Results. The Court's ruling represents a fundamental transformation in Bangladesh's family law tradition, establishing legal precedent for maternal guardianship rights. Analysis demonstrates a documented shift from patriarchal custody norms toward gender-neutral guardianship frameworks aligned with constitutional equality principles. Findings and Implications. Research reveals multidimensional implications across legal, social, and psychological domains. Legal implications establish constitutional recognition of equal maternal custody rights. Social implications demonstrate the transformation of traditional gender roles and women's empowerment within family structures. Individual implications include enhanced parenting choices, decision-making authority, and improved access to education and healthcare services. Conclusion. This landmark ruling represents a pivotal moment in women's legal status evolution within Bangladesh's family law system, fundamentally altering traditional structures by challenging patriarchal norms and highlighting changing women's roles within legal contexts. Contribution. The study provides comprehensive documentation of family law transformation, contributing to legal scholarship, gender studies, and social policy development by demonstrating how judicial decisions catalyze broader social change. Limitations and Suggestions. Research recommends additional legal reforms to protect children's rights and addresses implementation challenges, suggesting comprehensive policy amendments to ensure effective transformation of family law practices in Bangladesh.

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