Siyasyatuna | Jurnal Hukum Tata Negara

INTEGRASI MAQASHID SYARIAH DALAM STUDI COMPARATIVE LAW (PERBANDINGAN HUKUM):

Asep A. Arsyul Munir — Wed, 30 Apr 2025 00:00:00 +0700

This study explores the relationship between maqashid sharia (objectives of Islamic law) and comparative law within the context of Islamic jurisprudence. The main focus is on prioritization and balancing jurisprudence as tools for understanding and applying sharia law in contemporary situations. Key issues identified include misunderstandings of sharia texts, the inability to assess changes in time and conditions, and the differences between branch and core laws. Prioritization and balancing jurisprudence play a crucial role in addressing these challenges by providing a more dynamic and responsive understanding of the law. In this context, law is viewed not just as a static text but as a living system that continuously evolves. Integrating maqashid sharia into comparative law studies allows for more relevant and contextually appropriate legal applications. The study also highlights the contribution of the science of differences in Islamic jurisprudence to comparative law, both in terms of intra-school differences and practical legal contexts. The findings emphasize the importance of understanding maqashid sharia and prioritization jurisprudence in developing and applying more effective and relevant comparative law in the Islamic world. This approach enables the law to adapt to new realities and provides practical guidance for better legal application.

Keywords : Maqashid sharia, Jurisprudence, Comparative law, Legal evolution, Contextualization of sharia

KETIKA RASUL BERMUKA MASAM:

Fauz Noor — Wed, 30 Apr 2025 00:00:00 +0700

In the Koran, Surah Abbasa, we read how the Messenger of Allah was "reprimanded" directly by God when he treated a disabled person badly. This letter is an important text regarding our need to honor or treat people with disabilities humanely. This article will discuss how Islam views people or people with disabilities. This article will also use "social jurisprudence" to see the glory of humans and people with disabilities. In my opinion, the social jurisprudence approach is important so that when looking at a problem it is not only legally oriented but includes social ethics in it.

Keywords: Fiqh, Disability, Social

ANALISIS SENGKETA HASIL PEMILIHAN PRESIDEN 2024:

Hakimah Marwah Insan — Wed, 30 Apr 2025 00:00:00 +0700

One of the duties of the Constitutional Court is to decide and adjudicate the case of General Election Results Dispute (PHPU). This journal examines the role of the Constitutional Court (MK) in taking a stance and resolving disputes over the results of the 2024 presidential election, by comparing it to the way the Constitutional Court (MK) handled similar disputes in the 2019 presidential election. The main focus of this journal is to analyze the basis of the lawsuit filed by the applicants in the PHPU Presidential Election and evaluate the relationship between the lawsuit and the main object of dispute regulated in laws and regulations. To determine whether or not it has strong legal authority. This journal conducts a comparative analysis between the 2019 and 2024 presidential elections. This journal also examines how the Constitutional Court (MK) faces challenges in maintaining integrity and fairness in the general election process, as well as how the decisions made by the Constitutional Court (MK) are in accordance with the evidence

Keywords:Constitutional Court,PHPU,Elections,President

TINJAUAN HUKUM PERDA SYARIAH KOTA TASIKMALAYA NOMOR 7 TAHUN 2014 DALAM PRESPEKTIF HUKUM TATA NEGARA

ecep — Wed, 30 Apr 2025 00:00:00 +0700

One of the results of public policy in the regions is regional regulations. Of course, the birth of regional regulations is very much in touch with the interests of the regions concerned. Regional regulations that are now quite an issue to be studied are regional regulations that refer to and have nuances of Sharia that have been enacted in various regions. There are at least 22 regions that implement regional regulations that regulate morality issues and the implementation of Islamic sharia in all areas of life. The presence of regional regulations that have nuances of Islamic Sharia such as anti-vice regional regulations, Qishash Criminal Law, reading and writing the Qur'an for prospective brides and grooms, etc. is not only interesting to observe because of the pros and cons, but also the struggle of ideas behind these regional regulations. The approach used in this study is an Empirical Juridical approach. Research based on an inventory of positive law, the discovery of legal principles and the discovery of inconcretto law, which is complemented by empirical observations of the operationalization of law in society. Sharia Regional Regulations that have been widely implemented in the regions to date are recognized as having benefits, including increasing public security and order. What is also important to study is that the increasing sense of security in society needs to be observed and studied further, because this symptom may simply be an effect or reflection of public fear of sharia. If so, then this symptom is not a true reflection of the strengthening of legal and security institutions. This means that what is actually happening is not citizens' legal compliance due to the objective situation that has been created, but rather because of fear of the sharia police who are perceived to be carrying out their duties in the name of religion. This symptom can shift security authority from the police institution to the sharia authority. This is certainly dangerous, because the image and role of security institutions will continue to decline.

Keywords: Sharia Bylaws, Empirical Legal Approach, Constitutional Law.

ISLAM DAN DEMOKRASI

Lukmanul Hakim — Wed, 30 Apr 2025 00:00:00 +0700

This research aims to examine the principles or elements of democracy in the perspective of Islam and the practice of democracy in Islamic governance. This paper also aims to prove the thesis of Samuel Huntington and F. Fukuyama which states that the empirical reality of Islamic society is not compatible with democracy. In normative doctrinal terms, in Islamic teachings there are principles and elements of democracy, although generically and globally. The principles and elements of democracy in Islamic teachings are: as-syura, al-'adalah, al-amanah, al-masuliyyah and al-hurriyyah. The reality of democracy in a country was once applied during the time of the Prophet Muhammad and the khulafaurrasyidin. But after that, most Islamic countries did not inherit these democratic values. This reality does not only occur in Islamic countries, but also non-Islamic countries (the West).

Keywords: Democracy from an Islamic Perspective, Democratic Values, Elements of Democracy.