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The Modern Indonesian Experience in Coexistence between Muslims and Others: Presentation and Evaluation Zaim, Muntaha Artalim
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 1 (2024): Vol13, No. 1 2024 (Januari-Juni)
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.v13i1.48650

Research Objective: This study investigates the experience of religious coexistence in Indonesia, specifically focusing on the interactions between Muslims and followers of other religions. It analyzes the conceptual frameworks and socio-political developments that shape this coexistence. The goal is to evaluate how Islamic principles intersect with pluralistic values and how these dynamics have evolved within the Indonesian context. Research Method: The research employed a qualitative-descriptive approach through comprehensive library research. It integrated classical Islamic sources with modern academic discourse to construct a comparative and historical analysis: religious texts and legal documents were the foundation for this investigation. Results: The findings indicate that state policies, such as Pancasila, historical accommodations, and socio-cultural integration, have influenced religious coexistence in Indonesia. Additionally, the research demonstrates that Islamic teachings support coexistence within specific theological and legal frameworks, without endorsing religious relativism. Findings and Implications: The Indonesian model of coexistence has evolved from doctrinal rigidity to practical tolerance. This research highlights that pluralism in Indonesia functions more as a sociopolitical construct than a convergence of theologies. These insights challenge liberal interpretations of religious harmony and provide a more transparent framework for understanding interfaith coexistence in Muslim-majority societies. Conclusion: Religious coexistence in Indonesia represents a complex interplay of Islamic theology, state ideology, and socio-cultural adaptation. Promoting harmony while maintaining doctrinal integrity requires a nuanced understanding of Islamic jurisprudence and national philosophy. Contribution: This study contributes to the academic discourse on Islam and pluralism by offering a structured framework for evaluating religious coexistence to bridge classical Islamic epistemology with contemporary realities, particularly in Southeast Asia. Limitations and Suggestions: The research is limited by its focus on Indonesia and classical Islamic sources. Future studies should incorporate fieldwork, broader comparative perspectives, and empirical data to validate and expand upon these findings.

Improving Compliance towards International Humanitarian Law: Filling in the Gaps? Hamidah, Fitry Nabiilah; Muhammadin, Fajri Matahati
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 1 (2024): Vol13, No. 1 2024 (Januari-Juni)
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.v13i1.48847

Research Objective: This study evaluates existing International Humanitarian Law compliance mechanisms, identifies implementation gaps, and assesses factors influencing adherence by states and non-state armed groups in conflict situations. Research Methodology: The research employs qualitative methodological approaches through case study analysis and comprehensive literature review to systematically evaluate IHL compliance mechanisms and factors affecting adherence. Results: The research identifies deficiencies in IHL enforcement systems, cultural barriers to implementation, and limitations in engaging non-state actors as primary impediments to compliance. Findings and Implications: The findings demonstrate systemic enforcement deficiencies, cultural impediments, and limited non-state actor engagement hindering effective IHL implementation, implying the need for more holistic approaches to enhance compliance across diverse conflict contexts. Conclusion: Despite providing a comprehensive legal framework to protect civilians during armed conflicts, persistent non-compliance undermines IHL's effectiveness and credibility, necessitating a multidisciplinary approach addressing legal, political, cultural, and operational factors. Contribution: This research contributes by advocating multidisciplinary approaches to enhance compliance, proposing implementation strengthening mechanisms, highlighting stakeholder roles, and developing a conceptual framework for holistic compliance systems. Limitations: From an academic perspective, the qualitative methodology employed presents inherent limitations in statistical generalizability. The absence of quantitative metrics makes it difficult to measure compliance levels objectively across different contexts. Additionally, case study approaches, while providing depth, naturally restrict the breadth of analytical scope, potentially overlooking unique implementation dynamics in unexamined conflict scenarios. Suggestions: The study recommends establishing permanent platforms for regular IHL discourse, enhancing institutional support, integrating cultural sensitivity, strengthening Red Cross/Red Crescent societies, involving NGOs in IHL dissemination, and facilitating stakeholder interactions. Future research should expand empirical scope through quantitative analyses and broader case studies

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

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

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

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.

Displacement without Asylum: Structural and Legal Gaps in the Protection of Gazans under International Law Nasir, Maruf Adeniyi
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 1 (2025): (June)
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.v14i1.54003

Research Objective: This study examines the protection of internally displaced Gazans under international law, focusing on the interaction between International Humanitarian Law, International Human Rights Law, and refugee law during the 2023 Israel–Hamas conflict. Research Methodology: Qualitative normative legal approach grounded in Human Rights Theory and Just War Theory, analyzing primary legal sources including the Geneva Conventions, the Rome Statute, and UN resolutions, with comparative cases from Syria, Ukraine, and Sudan. Results: Legal instruments provide substantial normative protections, but implementation is severely undermined by systematic violations. Both state and non-state actors frequently breach fundamental rights to life, health, shelter, and food, while international institutions face political and structural constraints limiting effectiveness. Findings and Implications: Despite extensive legal entitlements, displaced Gazans remain unprotected due to critical normative-practical discrepancies. The UN Security Council and International Court of Justice demonstrate institutional limitations, with global enforcement challenges being systemic rather than isolated. Conclusion: Without targeted legal reforms, structural institutional changes, and enhanced accountability mechanisms, displaced populations remain vulnerable despite comprehensive legal frameworks requiring fundamental transformation. Contribution: Identifies institutional failures in civilian protection and advocates for multidimensional reform, contributing to the understanding of normative-practical discrepancies in international humanitarian law. Limitations and Suggestions: Theoretical analytical methodology limits empirical validation, and the Gaza focus may restrict generalizability. Future research should incorporate field-based studies, expand comparative analysis, and examine institutional reform effectiveness longitudinally

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

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.

Muhammad Abduh’s Rational Hermeneutics and Its Implications for Islamic Legal Reform Amir, Ahmad Nabil; Abdul Rahman, Tasnim
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 1 (2025): (June)
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.v14i1.56526

Research Objective: Investigates Muhammad Abduh's rational hermeneutics as a foundation for Islamic legal reform, exploring how his integration of reason ('aql), ethics, and revelation (naql) reconfigures Qur'anic interpretation to revitalize ijtihad and promote justice-aligned legal principles. Research Method: The research employs a qualitative design grounded in hermeneutical analysis and Islamic legal theory. It analyses key verses from Tafsir al-Manar, Tafsir Juz 'Amma, and Risalat al-Tawhid using textual, contextual, and comparative approaches to assess jurisprudential significance. Results: Abduh's tafsir consistently elevates ethical reasoning, public welfare, and maqāṣid al-sharīʿah above rigid textualism. His interpretations of verses concerning religious freedom (2:256), family law (4:3), justice (5:8), and gender equity (33:35) reflect a reformist orientation rooted in moral deliberation. Findings and Implications: The findings reveal a transformative legal paradigm reframing Islamic law as an adaptable, ethically driven system. Abduh's approach supports institutional reform and offers credible alternatives to formalist legal reasoning in addressing pluralism, governance, and human rights. Conclusion: Abduh's rational hermeneutics demonstrates that Islamic legal thought can be renewed through a principled balance of textual fidelity and moral responsiveness, affirming ijtihad's enduring relevance in contemporary legal discourse. Contribution: The study enriches Islamic legal scholarship by offering an analytical model bridging classical jurisprudence and modern ethical challenges, positioning tafsir as a meaningful tool in legal reform. Limitations and Suggestions: The study's limitation lies in its textual focus without assessing practical implementation. Future research should examine the framework's applicability in digital ethics, environmental jurisprudence, and policy-making

A Comprehensive Analysis of Honor Killing Practices in Pakistan: Contributing Factors, Legal Frameworks, and Intervention Strategies Muhammad Wasim Jan, Sahibzada
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 1 (2025): (June)
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.v14i1.57485

Research Objective: This study examines women’s rights and honor killings in Pakistan, with particular attention to the socio-cultural and economic factors driving gender-based violence, especially the Karo-Kari practice in Sindhi culture. Research Method: The research employed a qualitative approach, drawing on a literature review and secondary data sourced from academic journals, legal documents, news reports, and human rights organizations, including Human Rights Watch and Amnesty International. Purposive sampling and thematic analysis were applied, with data triangulation employed to enhance accuracy and credibility. Results: The findings reveal interconnected drivers of honor killings, including patriarchal family systems, arranged marriages, property disputes, limited access to education, misinterpretations of religion, poverty, rigid social norms, and weak law enforcement. Findings and Implications: Honor killings are rooted in both cultural and economic motives, particularly the consolidation of property. Inadequate education perpetuates distorted religious justifications, while entrenched gender subordination fosters ideologies that normalize violence. Although legal reforms, such as the 2016 Act removing the option of family forgiveness, represent progress, enforcement remains ineffective due to corruption and inadequate investigations. Conclusion: Honor killings constitute a multifaceted problem that requires comprehensive interventions addressing cultural, economic, educational, and institutional dimensions simultaneously. Effective prevention demands coordinated efforts involving legal reform, educational initiatives, economic empowerment, and cultural transformation programs. Contribution: This study links historical legal reforms to contemporary patterns of honor-based violence, illustrating the relationship between economic hardship and gender-based violence while underscoring the role of NGOs in prevention. Limitations and Suggestions: As the study is based solely on secondary data, future research should incorporate interviews with survivors, families, and community leaders. Longitudinal studies assessing the effectiveness of interventions, as well as comparative analyses across different Pakistani provinces, could enhance understanding and support the development of more effective prevention strategies

Contemporary Challenges and the Future of Islamic Law: Toward Ethical and Institutional Renewal Hammadi, Hammad Farhan; Mohamed Ahmed, Ahmed; Amansyah, Fajar; Rajafi, Ahmad; Taha Alkanan, Omer Mohamed; Jabbar, Israa Natiq
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 1 (2025): (June)
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.v14i1.58186

Research Objective: This study examines internal and external challenges in the Islamic world using Islamic constitutional and criminal law perspectives. It focuses on how principles, particularly those rooted in maqāṣid al-sharīah, can be applied to address legal fragmentation, underdevelopment, Islamophobia, and marginalization. Research Method: A qualitative normative approach was used, supported by thematic and comparative analysis. It draws on primary Islamic texts, constitutions, international legal sources, and academic literature. Case studies from Indonesia and the UAE illustrate different applications of Islamic law in governance and justice. Results: The findings indicate that challenges stem primarily from structural, rather than theological, issues. Internally, these include stagnant education systems, fragmented financial structures, and inconsistent Sharia application. Externally, they involve widespread Islamophobia and limited global representation. Findings and Implications: Islamic legal norms align with democratic values such as equity, participation, and justice. Ethical tenets like maṣlaḥaḥ and shūra support pluralistic governance. Institutional reform and contextual application of Islamic law can improve both domestic legitimacy and international engagement. Conclusion: Islamic legal systems hold the flexibility and strength to meet governance needs. Realizing their potential requires structural reform and aligning jurisprudence with contemporary legal frameworks. Contribution: This study contributes to Islamic legal scholarship by presenting a model that connects classical jurisprudence with modern constitutional practice. It adds to interdisciplinary work, promoting Islamic law in global legal discourse. Limitations and Suggestions: The non-empirical nature and limited jurisdictional scope of the study constrain broader generalization. Future research should incorporate empirical approaches and explore how digital innovation can support Islamic governance reforms.

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subehan khalik

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Kab. gowa,

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name subehan khalik

Contact Email subehan.khalik@uin-alauddin.ac.id

Phone -

Journal Mail Official aldaulah@uin-alauddin.ac.id

Editorial Address -

Location Kab. gowa, Sulawesi selatan INDONESIA

Abstract

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Abstract

Abstract

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Abstract

Contact Name
subehan khalik

Contact Email
subehan.khalik@uin-alauddin.ac.id

Phone
-

Journal Mail Official
aldaulah@uin-alauddin.ac.id

Editorial Address
-

Location
Kab. gowa,

Sulawesi selatan

INDONESIA