Islamic Law: Jurnal Siyasah

Pola Asuh Orang Tua terhadap Penggunaan Gadget pada Anak di Era Digital: Analisis Hadhanah dan Maqāṣid al-Syarī'ah dalam Perspektif Hukum Keluarga Islam

Muhammad Shaleh — 2026-09-02

The development of digital technology has transformed family life, particularly child-rearing practices. The use of gadgets provides benefits for education and communication but may also have negative effects when not accompanied by adequate parental supervision. This study aims to analyze parenting patterns in the use of gadgets among families in Tempuran Hamlet, Kawangrejo Village, Mumbulsari District, Jember Regency, and to examine them from the perspective of Islamic Family Law. This study employs a qualitative method with a case study approach and an empirical legal research design. Data were collected through observation, in-depth interviews, and documentation involving families with children who use gadgets. The findings indicate three types of parenting patterns: democratic, permissive, and authoritarian. Democratic parenting is considered the most effective because it combines supervision, communication, and responsible freedom for children. From the perspective of Islamic Family Law, supervising children's use of gadgets constitutes part of the parents' responsibility under the concept of hadhanah, namely the obligation to care for, educate, and protect children. Based on maqāṣid al-syarī‘ah, regulating gadget use is related to efforts to preserve religion (ḥifẓ al-dīn), intellect (ḥifẓ al-‘aql), life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and wealth (ḥifẓ al-māl). Therefore, the use of gadgets in Muslim families should be guided by balanced parenting practices so that technology can serve as a means of promoting children's well-being and development.

Transparansi dalam Penanggulangan Bencana Hidrometeorologi: Kajian Sulthah Tanfidziyah terhadap Peran BPBD Pidie Jaya

Putroe Shifa Muharrami — 2026-09-05

This study examines transparency in hydrometeorological disaster management in Pidie Jaya based on Law Number 14 of 2008 concerning Public Information Disclosure and the perspective of *sulthah tanfidziyah*, which emphasizes the government’s obligation to provide accurate and transparent information. This study aims to examine the transparency of the Regional Disaster Management Agency (BPBD) of Pidie Jaya in post-disaster flood management, identify the challenges faced, and analyze such transparency from the perspective of *sulthah tanfidziyah*. This study employs an empirical juridical method with conceptual and statutory approaches. Data were collected through observation, interviews, and documentation, using primary and secondary data sources. Data analysis was conducted through data reduction, systematic presentation, and verification. The findings indicate that BPBD Pidie Jaya remains insufficiently transparent in providing information regarding evacuation, aid distribution, and post-disaster management. This condition is influenced by limitations in facilities and infrastructure, equipment, personnel, and access to disaster-affected areas. From the perspective of *sulthah tanfidziyah*, the principles of trustworthiness, transparency, accountability, and public welfare have not been optimally implemented. Therefore, BPBD needs to improve information disclosure, communication with the community, the involvement of community leaders and volunteers, as well as facilities, infrastructure, and personnel capacity.

Pemisahan Anggaran Makan Bergizi Gratis dari Anggaran Pendidikan: Analisis Siyasah Dusturiyah atas Putusan MK. No. 40/PUU-XXIV/2026

Khalid — 2026-09-05

This article examines Constitutional Court Decision No. 40/PUU-XXIV/2026, which requires the separation of the budget for the Free Nutritious Meals (Makan Bergizi Gratis/MBG) Program from the education budget allocation through the perspective of siyasah dusturiyah, an Islamic legal-political framework governing the state and government. The decision, delivered on July 30, 2026, partially granted the petition submitted by the Taman Belajar Nusantara Foundation and five individual Indonesian citizens concerning the judicial review of the Elucidation of Article 22 paragraph (3) of Law No. 17 of 2025 on the State Budget for Fiscal Year 2026. The Court held that including the MBG Program within the education budget, which is constitutionally allocated at a minimum of 20 percent, with a total allocation of IDR 769.1 trillion, including IDR 223.6 trillion for the MBG Program, constituted a conditional constitutional violation of Article 31 paragraph (4) of the 1945 Constitution. This study employs a qualitative method with a case study approach and analyzes the legal considerations of the Constitutional Court. From the perspective of siyasah dusturiyah, the principles of ‘adl (justice), maslahah (public welfare), and wajib al-dawlah (the state's obligation) affirm that education is a constitutional right that must be prioritized. The Constitutional Court's decision reinforces constitutional boundaries in state budget management and emphasizes the importance of justice, transparency, and accountability in managing public finances for the benefit of present and future generations.

Investasi Ilegal dan Reformasi Hukum: Integrasi Maqashid Syariah dan Green Constitution

M. Taufiq — 2026-09-05

This article addresses the urgent question of how the integration of Maqashid Shariah and the Green Constitution can serve as a normative-legal framework to respond to the escalating phenomenon of illegal investment in Indonesia. Against the backdrop of rampant technology-based fraudulent investments including robot trading, fake crypto assets, and pyramid schemes and their devastating socio-ecological impacts, this study employs a qualitative method of legal document analysis, examining cases of fraudulent investment alongside the Job Creation Law (UU Cipta Kerja) and its environmental implications. The study argues that illegal investment violates all five core objectives of Maqashid Shariah (al-kulliyat al-khamsah) protection of religion, life, intellect, lineage, and wealth while simultaneously undermining the constitutional guarantees of environmental protection embedded in Indonesia's Green Constitution. The findings demonstrate that reactive legal enforcement alone is insufficient to combat the complexity of investment-related fraud. The principle of ḥifẓ al-māl in Maqashid Shariah highlights the ethical imperative to protect wealth proactively, advocating for transparency, equity, and distributive justice in financial regulation. Simultaneously, the Green Constitution anchors environmental sustainability and social justice as constitutional obligations, emphasizing the role of law in safeguarding both present and future generations from systemic economic and ecological harm. Together, these two frameworks form a transdisciplinary legal model that transcends legal formalism by incorporating moral, spiritual, and ecological values into investment governance. The study concludes that national legal reform must adopt an integrative approach to ensure not only legal certainty, but also ethical legitimacy and sustainable public welfare.

Demokrasi Digital dan Konflik Global: Rekonstruksi Siyasah Shar'iyyah di Era AI dan Metaverse

Ladin — 2026-09-05

This article addresses the fundamental question of how the classical Islamic political doctrine of siyasah shar'iyyah must be reconstructed to respond to the challenges posed by artificial intelligence and the virtual spaces of the metaverse. Against the backdrop of rising cyber sovereignty and the growing geopolitical influence of technology on the nation-state, this study employs a qualitative philosophical-conceptual method to examine the genealogical foundations of siyasah shar'iyyah particularly its core principles of justice ('adl), consultation (shura), and public welfare (maslahah) and their applicability in an era of algorithmic governance and digital existence. The study argues that the classical framework, while normatively robust, requires substantive reconstruction across three dimensions: epistemological (rethinking the sources and methods of political-legal reasoning in digital contexts), ontological (reconceptualizing sovereignty, territory, and political community in virtual spaces), and axiological (reorienting the ethical purposes of governance toward algorithmic justice and digital human dignity). The findings propose a "Digital Siyasah" framework that integrates Islamic political ethics with digital governance principles, offering a normative pathway for Muslim-majority states and global governance architectures to navigate the tensions between technological sovereignty, democratic participation, and Islamic legal values in an increasingly virtualized world order

Kebijakan Pengelolaan Sumber Daya Alam dan Keadilan Antar Generasi: Analisis Siyasah Syar’iyyah dengan Pendekatan Green Constitution

Muhammad Darwis — 2026-09-05

This article addresses the fundamental question of how siyasah syar'iyyah can integrate the principles of the Green Constitution to guarantee intergenerational ecological justice in the management of natural resources in Indonesia. Against the backdrop of rampant mining exploitation and deforestation that threaten environmental sustainability with nickel mining in Central Halmahera alone causing damage to 299 watersheds and deforestation of 27,900 hectares of forest cover this study employs a qualitative conceptual research method, analyzing the Mining Law (UU Minerba), the Job Creation Law (UU Cipta Kerja), and the concept of sustainability. The study argues that the current legal framework for natural resource management has failed to uphold intergenerational justice, as evidenced by the regression in environmental protection under UU Minerba No. 2 of 2025 which expands mining concessions, weakens oversight mechanisms, and prioritizes short-term economic interests over ecological sustainability and UU Cipta Kerja, which reduces environmental permits to mere approvals and limits public participation in environmental impact assessments. From the perspective of siyasah syar'iyyah particularly the principles of maslahah (public welfare), 'adl (justice), and the prohibition of mafsadah (harm) and the Green Constitution framework rooted in Articles 28H(1) and 33(4) of the 1945 Constitution, the study finds that effective natural resource governance requires a paradigmatic shift from anthropocentric, short-term oriented constitutional interpretation toward a substantive constitutional approach that embeds precautionary principles, non-regression, and state trusteeship for future generations. The study proposes an integrative "Siyasah Ekologis" framework that harmonizes Islamic political ethics with green constitutionalism to ensure that natural resource exploitation does not sacrifice the rights of future generations for the sake of present economic gains

Pemberantasan Tindak Pidana Korupsi dalam Pengadaan Barang dan Jasa Publik: Perspektif Siyasah Syar'iyyah terhadap Integritas Birokrasi

Azwarfajri — 2026-09-05

This article examines the problem of corruption in public procurement in Indonesia by assessing the effectiveness of e-procurement policies in closing corruption loopholes and strengthening bureaucratic integrity from the perspective of siyasah shar’iyyah. Indonesia Corruption Watch recorded 1,189 corruption cases in public procurement between 2019 and 2023, resulting in state losses of IDR 47.18 trillion. This study employs a qualitative method with a case study approach through an analysis of findings from the Audit Board of the Republic of Indonesia (BPK) and the National Public Procurement Agency (LKPP) concerning fictitious procurement. The findings indicate that although e-procurement has improved procedural transparency, it has not been able to eliminate structural corruption. Three major weaknesses are identified: collusion between public officials and suppliers outside the digital system, regulatory loopholes arising from Presidential Regulation No. 46 of 2025, which expands the threshold for direct appointment, and weak ethical and moral accountability among bureaucratic actors. From the perspective of siyasah shar’iyyah, the principles of amanah, hisbah, and maslahah emphasize the importance of integrating technical reform, institutional oversight, law enforcement, and the internalization of moral and spiritual values. Therefore, e-procurement needs to be complemented by a siyasah-based integrity system to establish transparent, accountable, and public-welfare-oriented procurement governance

Rangkap Jabatan dalam Pemerintahan di Aceh: Perspektif Siyasah Syar’iyyah

Setiawan Ariwiba — 2026-09-05

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.

Analisis Maslahah Mursalah terhadap Pelaksanaan Adat Butayuh pada Masyarakat Desa Sukanegara, Kecamatan Pesisir Tengah, Kabupaten Pesisir Barat

Ananda Lasipa Purnama — 2026-09-06

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.

Menilai Tanpa Kendali: Atribusi Kewajiban Pemerintah Daerah Atas Determinan Pengungkapan Pencurian dengan Pemberatan

Ferroka Putra Wathan — 2026-09-06

This study maps the determinants that actually shape the clearance of aggravated theft cases and establishes their legal position and its consequences for the validity of imposing performance assessment upon the police. It is empirical legal research reinforced by normative analysis through statutory, conceptual, and case approaches, taking the jurisdiction of Kepolisian Sektor Seberang Ulu I in Palembang from 2023 to 2025 as its locus, which recorded 303 reports and an aggregate clearance figure of 31.02 percent. Environmental observation notes and a matched pair of case illustrations serve as primary evidence, while statements from five informants serve as corroboration only, four of them being police officers. The discussion yields a determinant map that is mixed yet asymmetric: case processing, response speed, and the quality of scene sterilization lie within investigator control, whereas the supply of environmental evidentiary traces, namely lighting, cameras, and witnesses, lies outside it. Three competing characterizations are tested: internal police constraints explain processing but not evidence supply, the primacy of self-organized security proves conditioned by spatial visibility, and socio-economic factors explain crime occurrence but not case clearance. The obligation over the conditions supplying evidentiary traces attaches to Pemerintah Daerah as a mandatory governmental affair relating to basic services, is measurable through technical road standards and fiscal monitoring, not minimum service standards, and carries earmarked financing with a route of consequence, its level of fulfilment at the locus being left unassessed. The novelty lies in shifting the unit of performance analysis from a single organ to the linkage between organs through the boundary of authority. It concludes that the validity of clearance figures as a performance indicator diminishes insofar as their determinants lie beyond the control of the assessed organ, and proposes separating effort from effect as das Sollen and de lege ferenda without reducing police procedural obligations.

Analisis Siyasah Qadha’iyyah terhadap Kewenangan Mahkamah Konstitusi dalam Diskualifikasi Calon Bupati Pesawaran Lampung

Aisyah Luna Marina — 2026-09-06

The issue of disqualifying regional head candidates in disputes over Regional Head Election (Pilkada) results has become a significant concern in constitutional law, as it raises debates regarding the scope of the Constitutional Court's authority as the guardian of the Constitution. This debate became increasingly relevant following the issuance of Constitutional Court Decision Number 20/PHPU.BUP-XXIII/2025, which disqualified a candidate for Regent of Pesawaran due to the failure to fulfill the candidacy requirements stipulated by laws and regulations. The decision demonstrates that the Constitutional Court not only functions as an institution for resolving election result disputes but also possesses the authority to assess the legality of candidacies, which may affect the legitimacy of the democratic process. This study aims to examine the Constitutional Court's authority in disqualifying the Pesawaran Regent candidate and to analyze such authority from the perspective of Siyasah Qadha'iyyah. This research employs a normative legal method using statutory, case, and conceptual approaches. The data were obtained through library research, including legislation, Constitutional Court decisions, legal literature, and relevant Islamic legal sources, which were then analyzed qualitatively. The findings reveal that the Constitutional Court's authority to disqualify regional head candidates constitutes part of its role in upholding the principles of justice, legal certainty, and democratic integrity. From the perspective of Siyasah Qadha'iyyah, such authority is consistent with the concept of wilayah al-qadha', which grants judicial institutions the power to resolve disputes, enforce the law, protect public rights, and promote public welfare (maslahah). Therefore, the disqualification of the Pesawaran Regent candidate in Constitutional Court Decision Number 20/PHPU.BUP-XXIII/2025 may be regarded as a form of law enforcement that not only possesses constitutional legitimacy but also reflects the values of justice and public welfare as recognized in Islamic law

Implementasi Pasal 15 Peraturan Daerah Kota Bandar Lampung Nomor 11 Tahun 2023 tentang Pengembangan Budaya Literasi dalam Meningkatkan Literasi Anak Perspektif Siyasah Tanfidziyyah

Astrit Anisa Bela — 2026-09-06

The low level of children's literacy remains a major challenge in improving the quality of education in Bandar Lampung City. To address this issue, the Bandar Lampung City Government enacted Regional Regulation Number 11 of 2023 concerning the Development of Literacy Culture, particularly Article 15, which regulates literacy development through the provision of information and knowledge services, the development of literacy dimensions, and the improvement of quality of life through knowledge, skills, and attitudes. This study aims to analyze the implementation of Article 15 of Bandar Lampung City Regional Regulation Number 11 of 2023 in improving children's literacy and to examine it from the perspective of Siyasah Tanfidziyyah. This research employed a qualitative method with a descriptive approach. Data were collected through observations, interviews, and documentation and analyzed using the Miles, Huberman, and Saldaña model, including data condensation, data display, and conclusion drawing. The findings indicate that the implementation of Article 15 has been carried out through strengthening school libraries, providing reading corners, establishing reading habits before classroom learning, implementing the School Literacy Movement (Gerakan Literasi Sekolah/GLS), and developing digital literacy. These programs have contributed to improving students' knowledge, skills, and attitudes, although the development of all literacy dimensions has not yet been fully optimized. Supporting factors include a clear legal framework, the commitment of the Bandar Lampung City Education Office, active teacher participation, the availability of literacy facilities, and family support. Meanwhile, inhibiting factors include students' low interest in reading, the dominance of social media as a source of information, limited literacy facilities in several schools, insufficient parental involvement, and the lack of optimal monitoring and evaluation of literacy programs. From the perspective of Siyasah Tanfidziyyah, the implementation of this policy reflects the local government's responsibility in fulfilling its mandate, promoting public welfare (maslahah), and providing educational public services. However, stronger collaboration among the government, schools, families, and communities is still required to achieve the objectives of literacy culture development more effectively and sustainably.

Pendidikan Hak Waris dalam Keluarga sebagai Upaya Pencegahan Konflik Pembagian Warisan Perspektif Hukum Keluarga Islam

Ach sarkawi — 2026-09-07

The division of inheritance in Muslim families has the potential to cause conflict due to low understanding of inheritance rights, differences in the application of law, customary influences, and unclear property management. This study aims to analyze the understanding of inheritance rights from the perspective of Islamic Family Law, the role of family education in preventing conflicts, and the application of Islamic inheritance law principles as a strategy for conflict prevention and resolution. The research uses a qualitative approach with a literature study method through analysis of Islamic legal literature, previous research, and relevant academic sources. The results of the study show that the understanding of faraid needs to be built from within the family through parental example, open communication, transparency, and deliberation. Conflict prevention can be strengthened through compliance with the Qur'an and Sunnah, takharuj, grants, wills, al-radd, and inheritance law education. Thus, inheritance rights education is a preventive strategy to increase legal awareness, protect the rights of heirs, and maintain family harmony according to the principles of Islamic Family Law

Keteladanan Orang Tua sebagai Strategi Penguatan Ketahanan Keluarga: Perspektif Hukum Keluarga Islam

Yanti Wulandari — 2026-09-07

The development of globalization and digital transformation presents complex challenges to the formation of students' character. This condition makes family-based education very strategic in strengthening character resilience through the example of parents as the first and main educators. This study aims to analyze the role of parental role models in building student character resilience, identifying the process of internalizing values in the family, and formulating a character strengthening model in the digital era. Using a qualitative approach with a case study design, data was collected through in-depth interviews, participatory observations, and documentation studies on parents, students, and teachers. Data analysis was carried out interactively through the Miles, Huberman, and Saldaña models. The results of the study show that parental role models are the main foundation that forms character resilience through the integration of exemplary, habituation, communication, mentoring, and consistency of value reinforcement. This resilience develops through the internalization of the values of religiosity, morality, discipline, responsibility, social concern, self-control, independence, and adaptability supported by democratic parenting and open communication. This research produces a holistic character strengthening model whose effectiveness increases through synergy between family, school, and community. In addition, in the digital era, parents play a role as digital role models that shape students' characters through digital literacy, media ethics, critical thinking, and technological responsibility. In conclusion, family-based education is a sustainable model to produce students who are religious, resilient, adaptive, and with integrity in facing the dynamics of modern digital society.

Pendidikan Resolusi Konflik dalam Keluarga sebagai Strategi Pencegahan Perceraian Perspektif Hukum Keluarga Islam

Abd. Fattah — 2026-09-07

Divorce in Muslim families is often preceded by recurring and unresolved conflicts, such as issues related to communication, economy, role division, child-rearing, and decision-making. This study aims to analyze conflict resolution education within the family as a strategy for preventing divorce and to examine it from the perspective of Islamic Family Law. The research employs a qualitative approach with a library research type. Data were obtained from journal articles, academic books, previous studies, and relevant Islamic normative sources, and were analyzed descriptively-analytically through data reduction, categorization, interpretation, and synthesis. The findings indicate that conflict resolution education can develop the capacity for dialogic communication, empathy, emotional control, deliberation (musyawarah), and negotiation in dealing with family conflicts. These capacities serve a preventive function by preventing the accumulation of conflicts, strengthening marital resilience, and supporting the formation of a sakinah family. From the perspective of Islamic Family Law, conflict resolution education is grounded in the principles of islah (reconciliation), musyawarah (deliberation), hakam (arbitration), balance of rights and obligations, and maslahah (public interest/common good). Thus, conflict resolution education constitutes both an educational and normative instrument for preserving the continuity and harmony of Muslim families

Larangan Tarajjul Setiap Hari dalam Perspektif Ma'ānil Ḥadīth dan Dermatologi Modern

Muhammad Sairi — 2026-09-11

This study departs from the importance of understanding the meaning of the prohibition of tarajjul in the hadith of the Prophet (peace be upon him) and its relevance to hair health in the study of dermatology. This study employs a qualitative design with a library research approach to explore the meaning of the prohibition of tarajjul and to reveal its relevance to the study of dermatology. Furthermore, in an effort to analyze the meaning of the hadith that serves as the primary reference of this study, the researcher uses the ma'ānil ḥadīth analysis method to uncover the meaning of the matn of the hadith prohibiting tarajjul. The results of the study show that the meaning of tarajjul in the hadith is not limited to the prohibition of combing hair alone; rather, tarajjul refers to the activities of combing, oiling, and styling hair. The prohibition in the hadith is of a tanzīh nature (makruh), not a prohibition that is haram. This prohibition is imposed because it falls under the category of excessive and extravagant behavior; therefore, it should be avoided from being performed daily, except under certain conditions and needs, such as having thick or dry hair. The dermatological perspective indicates that excessive hair manipulation can increase the risk of hair damage. This demonstrates the relevance of the hadith to the principle of moderation in hair care, without concluding that combing hair daily is absolutely harmful. Hair care remains necessary, but it should be performed proportionally by paying attention to technique, intensity, and hair condition.

Identifikasi Penyebab Ketidakpatuhan Masyarakat Akademik UNP dalam Menerapkan Protokol Kesehatan di Masa Pandemi Covid-19 di Lingkungan Kampus Ditinjau dari Maqashidu Al-Syariah

Al Ikhlas — 2026-09-12

No scientist can predict when the Covid-19 pandemic will end. Therefore, everyone is required to be careful so as not to be infected by this deadly virus. As a protective measure, the World Health Organization (WHO) has established health protocols that must be followed with discipline: wearing a mask when leaving the house, washing hands with running water and soap, and maintaining physical distance to avoid crowds. The purpose of implementing these health protocols is to break the chain of Covid-19 transmission. However, not everyone is able to comply with them; many even ignore them. They act indifferently, and some do not believe in the threat of Covid-19. This situation is also found in the environment of Universitas Negeri Padang (UNP). An environment that is academic in nature should have a higher level of awareness and discipline in implementing health protocols, but in fact there are still many students, teaching staff, and lecturers who are negligent in applying them. In fact, UNP was once locked down due to the large number of infection cases on campus. This study examines the behavior of the academic community of UNP, which tends to be non-compliant with health protocols, the factors causing it, and its relation to maqashidu al-syariah. The study was conducted qualitatively by collecting data from documents and in-depth interviews with informants. The results show that the factors causing non-compliance include boredom, the absence of punishment for violators, feeling safe from Covid-19, and an attitude of indifference. If correlated with maqashidu al-syariah, such actions fall into deeds that waste the intellect and lead to destruction, and thus contradict Islamic law, which commands the preservation of life.