Mechanisms of Islamic Political Jurisprudence for Addressing Economic Insecurity (With an Emphasis on Imami Jurisprudence)

Islamic Jurisprudence (Fiqh) as a Legal Framework seeks to guide the dynamics of human life comprehensively, including fiqh siyasah (political jurisprudence). In warfare contexts, fiqh siyasah encompasses the practice of war (siyasah harbiyyah). However, with the evolution of warfare, questions arise about the relevance of jurisprudence to contemporary phenomena such as asymmetric warfare. By exploring Islamic sources in fiqh, particularly siyasah harbiyyah, and sources discussing new warfare forms, this paper outlines Islamic principles of warfare in analyzing asymmetric warfare. This research uses a qualitative design to examine the relationship between contemporary warfare and Fiqh Siyasah (Islamic political jurisprudence) in asymmetric warfare contexts. The data includes primary sources like classical and modern Islamic legal texts, fatwas, and religious edicts, along with secondary sources such as academic articles, books, and reports on recent asymmetric conflicts. Additionally, semi-structured interviews with Islamic legal scholars, political scientists, and defense strategists provided expert insights. Analytical methods include thematic analysis to identify key themes, content analysis to detect patterns and contradictions, and triangulation to ensure data reliability. The findings conclude that siyasah harbiyyah within fiqh cannot address the challenges of asymmetric warfare linearly, as it involves both state and non-state actors, lacks significant military involvement, and includes different war stages. This form of warfare does not always conform to international war conventions. However, the framework of fiqh principles, particularly qawaid fiqhiyyah (juridical rules), can respond to these new warfare forms. Relevant principles include views on war motivations, consequences caused by state and non-state actors, and defensive, offensive, and active defensive principles according to Islamic jurisprudence. Therefore, fiqh siyasah, especially siyasah harbiyyah, needs to accommodate responses to contemporary warfare forms in the future.

This study examines how Chinese Muslims in Jember, Indonesia, negotiate their unique position as an ethnic minority within a religious majority through the lens of fiqh al-siyasah (Islamic political jurisprudence). Using a qualitative approach that combines in-depth interviews with community leaders, participant observation, and documentary analysis, the research reveals three main patterns of political expression: a response of avoidance justified by the principle of preventing means to ends, an adaptive response rooted in expediency through strategic alignment with the Nahdlatul Ulama and limited individual participation. At the socio-religious level, Chinese Muslims have devised a complex dual-identity strategy that preserves Chinese cultural authenticity and Islamic orthodoxy through the creative application of the principles of custom, the distinction between custom and worship, and the architectural-ritual synthesis embodied in the Muhammad Cheng Ho Mosque. Their positions on contemporary theological-political issues—the Ahok blasphemy case, the call for a caliphate, fundamentalist movements, and Indonesian democracy—demonstrate a sophisticated application of political jurisprudence concepts, including siyasah syar’iyah, maqasid al-sharia, istihsan and istishlah. The study contributes theoretically by expanding fiqh siyasah to include ‘composite minorities’—ethnic minorities within religious majorities—and practically by showing how classical fiqh principles can provide a flexible yet sound framework for Muslim minorities navigating complex pluralistic contexts. The findings confirm that Islamic jurisprudence is inherently dynamic and contextual (rulings change with changing circumstances) and that creative cultural-religious synthesis can achieve social integration without compromising doctrinal fundamentals.

Abstract: This study highlights the Islamic political jurisprudence’s against violations of the general election campaign. The violations of the campaign com Islamic political jurisprudence’s perspective mitted by the perpetrators to elect the members of DPR and DPD is something that is familiar to the public. It means that there have so often a violation of the campaign during the legislative election campaign. Although the campaign’s provisions in Law No. 8 year 2012 on General Election has been set on the prohibition of the campaign and the implementation of a safe election campaign. The campaigners look like clossing their eyes on the rules of the campaign. So that, it is quite difficult to be followed up by the authorities and the perpetrators are so easy to perform the prohibited action. Based on the Islamic political jurisprudence’s perspective, the election campaign violations committed by the perpetrators have some negative effects that harm and disturb the public order. So that the perpetrators can be sentenced by an educative punishment for a criminal offense that has not been determined by the shari’ah.Keywords: Abuse, campaign, general election, Islamic political jurisprudence.

Abstract: This article discusses about a Islamic political jurisprudence’s point of view againts campaign for president and vice president election. It is carried out based on Law No. 42 year 2008 concerning with the election of president and vice president. The general election campaign is a sovereign right of the people to produce democratic government based on Pancasila and the Constitution of the Republic of Indonesia (UUD) 1945. The implementation of the general election campaign has a positive effect that is beneficial for the candidates and for the publics to know the candidates they would choose to be a leader. In Islamic political jurisprudence’s perspective, the implementation of the general election campaign for president and vice president can realize the political rights of individuals associated with the right to nominate and the right to occupy a certain post. All of the people and citizens are entitled to gain a guarantee of their human rights (Hurriyah al-shakhsiyyah) before the law and government.Keywords: Campaign, general election, president, Islamic political jurisprudence.

The Gülen Movement in Turkey: The Politics of Islam, Science and Modernity

This research examines the legal implications of Constitutional Court Decision No. 168/PUU-XXI/2023 on employment termination, analysed through the framework of Islamic political jurisprudence (siyasah dusturiyyah). The primary objective is to explore how the decision aligns with constitutional protections for workers while reflecting core Islamic governance principles. Using a qualitative normative-juridical approach, the study combines statutory interpretation, doctrinal analysis, and a comparative review of classical and contemporary Islamic legal thought. Data sources include Constitutional Court documents, national labour legislation, and scholarly works on Islamic political law. The findings reveal that the decision reinforces due process in employment termination, curtails arbitrary dismissals, and upholds constitutional guarantees of justice and equality. From the perspective of siyasah dusturiyyah, these outcomes correspond to foundational principles such as justice (al-‘adl), public interest (maslahah), and the prevention of harm (dar’ al-mafasid), thereby harmonising state authority with moral and religious imperatives. The study concludes that the Court’s reasoning, although grounded in constitutional law, implicitly supports Islamic political values that emphasise balanced protection for both employers and employees while safeguarding human dignity in the workplace. The academic contribution lies in offering a conceptual model for integrating constitutional adjudication with Islamic political jurisprudence in labour law reform. This integration provides a theoretical basis for policymakers and legal practitioners to develop regulatory frameworks that are both constitutionally compliant and consistent with Islamic governance ethics, thus advancing the discourse on the convergence of national and religious legal systems in the protection of workers’ rights.

تحصين الجبهة الداخلية للدولة وفق مقاصد الشريعة الإسلامية نوره مشعل العتيبي تخصص السياسية الشرعية، قسم الفقه وأصوله، دولة الکويت. البريد الإلکتروني: alotaibi.nora@gmail.com الملـخـــص تتمحور هذه الدراسة حول معنى تحصين الجبهة الداخلية للدولة وتفسيره تفسيرا علميا دقيقا، مع بحث معانيها في الفقه السياسي الإسلامي من مصادره، من خلال تأصيل المعنى شرعيا وبحث طرق تحصين الدولة وعلاقتها بمقاصد الشريعة الإسلامية. وتهدف الدراسة إلى بيان أن الجبهة الداخلية للدولة من المعاني المهمة وأن کل أفراد الدولة من مثقفين وعلماء واقتصاديين وغيره معنيين في بذل ما يؤدي إلى تحقيقها، کما تهدف إلى إيجاد حل لمشکلات الزعزعة الداخلية للدول، وتبيين العلاقة ما بين الجبهة العسکرية القتالية والقوة الأمنية للدولة وسياستها الخارجية، وما بين الجبهة الداخلية وسياستها الداخلية في الفقه الإسلامي. کما کشفت نتائج الدراسة إلى أن مصطلح الجبهة الداخلية مصطلح حديث إلا أن جذور معناه متأصلة في الفکر السياسي الإسلامي، وأن جميع التشريعات والأحکام والقواعد السياسية الشرعية تصب في ميدان تحصين الجبهة الداخلية والعسکرية معا، بل وتؤکد هناک أسباب جوهرية لزعزعة وضعف الجبهة الداخلية للدول، لکن يمکن علاجها بأدوات وإجراءات تتخذها الدولة لتحقيق الأمن الداخلي. Fortifying the Home Front of the State in Accordance with the Objectives of Sharia By: Noura Mesha'l Al- Otaibi Majored in Legal Politics Department of Jurisprudence and its Fundamentals University of Kuwait The State of Kuwait Abstract The research at hand centers around the meaning of fortifying the home front of the state and seeking an accurate academic interpretation of this concept. Moreover، the research investigates the meaning of the term in the origins of the Islamic political Jurisprudence through legitimizing the meaning، examining the ways of fortifying the state and tracing its relation to the objectives of Islamic Sharia. The research also aims at portraying the home front of the state as an important objective and all the members of the state whether they are intellectuals، scientists، economists. etc.، are concerned with all tat can lead o its achievement. In addition، the research is keen on finding solutions to the internal destabilization of the states and pointing out the relationship between military front، the security force of the state and its foreign policy on one hand، its home front and its interior policy in the Islamic jurisprudence، on the other hand. The research concludes with the outstanding findings such as the fact that home front is a modern concept، but the origins of its meaning are deeply- rooted in the Islamic political thought. All legislations، provisions and lawful political rules fortify both the home and military fronts. Although there are essential causes of destabilizing and weakening the home front of the states، they can be treated through the procedures taken by the state to achieve domestic security.

The study of security is one of the important and vital subjects in security studies, and the Islamic school of thought, along with other schools, has a specific perspective on security studies. The importance and necessity of research lie in the comparative explanation of the superiority of the theory of Islamic political jurisprudence in the field of the method of security studies. The question that this article aims to answer is how the process of security studies can be realized based on the principles of Islamic political jurisprudence and what prominences it possesses compared to the approaches of other schools in security studies. The research hypothesis is that Islamic principles have advantages over the other two schools in the process of the method of security studies. The research method used is descriptive-analytical, and library tools have been utilized. The results obtained in this study indicate that in the process of security studies, methods ranging from "force" and "power" to "persuasion" are employed. According to the democratic approach, persuasion is emphasized. However, in the liberal school, a dual policy can be observed, as they use the component of "persuasion" against liberals and the component of "force" against non-liberal countries. In Islamic political jurisprudence, comprehensive security can be achieved through adherence to religious teachings.

Islam has provided various forms of protection for women and civilians in armed conflicts. A portion of these protections pertains to the general and specific legal safeguards for women in armed conflicts, which can be observed in Islamic sources such as the Holy Quran and the prophetic tradition (Sunnah). Similarly, the international community has addressed perpetrators of sexual crimes in armed conflicts since 1990. However, the International Criminal Tribunals for the Former Yugoslavia and Rwanda initially did not prosecute individuals responsible for such crimes. Over time, in response to the sexual assaults committed in Yugoslavia, feminist organizations advocating for the prosecution of these crimes became active in international criminal courts, exerting pressure through public opinion. Consequently, both in Islam and in the international community, various conventions have been adopted to protect women against sexual violence. The research method in this study is descriptive-analytical. The primary research questions are as follows: What approach does international law take in addressing gender-based violence? What measures have been considered in Islamic jurisprudence to combat gender-based crimes? International law adopts a similar approach to confronting gender-based violence in situations arising from state failure and religious extremism. Its role in addressing violence against women in the internal wars of these countries is primarily through issuing resolutions via international institutions without direct intervention. In Islamic jurisprudence, Quranic verses and the prophetic tradition serve as the basis for combating gender-based crimes. The objective of this study is to examine the enforcement mechanisms of international law and Islamic jurisprudence in implementing enacted laws concerning gender-based sexual violence.

The study investigates the significant impact of identity politics in contemporary Islam on political and social stability, considering the crucial role of media and communication in such dynamics. This study uses a literature study method that involves an integrative and comprehensive analysis of literature to collect, review, and analyze various sources of relevant information. The study results stated that identity politics in contemporary Islam is central to shaping political and social dynamics worldwide. By influencing the perceptions and actions of individuals and groups, identity politics in Islam can significantly impact political and social stability within a country, especially in intergroup tensions. In addition, the role of media and communication has also proved crucial in shaping the image and narrative of Islamic identity politics, both positively and negatively. Therefore, a deep understanding of the complexities of identity politics in Islam and concerted efforts to promote mutual understanding, dialogue, and peace are key to confronting the challenges of identity politics in contemporary Islam.

Abstract: The General Election Commission (KPU) is national, permanent, and independent general election organizers. General election, which is held to elect members DPR, DPRD, DPD, the president and vice president, is a means of implementing the rule of the people who carried out directly, generally, freely, confidentially, honestly and fairly in the Unitary State of the Republic of Indonesia based on Pancasila and Constitution of the Republic of Indonesia (UUD) 1945. Within the Islamic political jurisprudence’s perspective, the duties and authorities of the General Election Commission in selecting the candidate for president and vice president participants are not contrary to the principles or the Islamic teachings. They also more emphasize to consultation and transparency in justice in doing the job. Otherwise, KPU can also be equated with ahlul halli wal aqdi institution. This institutions has the authority to decide and accommodate the aspirations of the people and institutions that have duty to determine a leader.Keywords: Electoral commission, president, Islamic political jurisprudence.

Abstract: This article discusses about the Islamic political jurisprudence perspective against the formation mechanisms of formulating DPRD (City Council) of Surabaya for 2009-2014 through 3 stages. The first is the inauguration of the members and leaders of DPRD of Surabaya for 2009-2014. The second is the formation of fractions. The formulation of fractions is led by the fraction leader of 2009-2014 which consists of 1 chair and 1 vice chairman derived from the two parties who get the most first and second seat. The third is the adoption of the draft regulation rules (rules of procedure) and the establishment of the tools of DPRD of Surabaya for 2009-2014 which consists of a definitive chairman (1 chairman and 3 vice chairmen), a council, a commission, a Regional Legislation Board, a budget committee, as well as a honorary board. Within the Islamic political jurisprudence perspective, the formation mechanism of establishing tools of DPRD of Surabaya for 2009-2014 reflects the so called amar ma’ruf nahi munkar because the direct mechanism for setting based on the sequence number of the political parties’ seats can prevent money politics and internal conflicts among the fellow legislators in Surabaya.Keywords: Formation, parliament, Islamic political jurisprudence.

Abstract: This article discusses about the disqualification of the candidate of regent and vice regent in Bangkalan-Madura within the Islamic political jurisprudence perspective. In a decision No. 136/G/2012/PTUN.Sby, the Surabaya State Administrative Court decided that regent and vice regent in Bangkalan-Madura, which is signed by the leader of the National Unity Party (PPN), is legally flawed on the basis of article 1, paragraph 12, article 57 paragraph 3 of Regulation of KPU No. 6 year 2011. The decision is by the consideration that the National Unity Party is not a new party. It is just changing the name of the Regional Unity Party that should remain as chairman and secretary of the DPC PPN of Bangkalan-Madura. The judge of the Surabaya State Administrative Court within his legal decision No. 136/G/2012/PTUN.Sby set the proposal of the regent and vice regent in Bangkalan-Madura.Keywords: Disqualification, candidates, regent, Islamic jurisprudence.

This article examines the reconstruction of disability-friendly fiqh kebangsaan (national Islamic jurisprudence) through a paradigmatic shift from the rukhsah (legal concession) approach to ‘azīmah (normative obligation) within the context of the Indonesian nation-state. Prevailing discourses on disability in classical Islamic jurisprudence predominantly frame persons with disabilities as recipients of individual dispensations, resulting in a charity-based approach that inadequately addresses systemic discrimination embedded in public policy, employment, and social institutions. Employing a normative-critical analysis of classical fiqh texts, legal maxims, national regulations, and international human rights instruments—particularly the Convention on the Rights of Persons with Disabilities (CRPD)—this study argues that the rukhsah paradigm must be transformed into an ‘azīmah-oriented framework that positions the state as an active duty-bearer in guaranteeing disability rights. The findings reveal three major insights: first, legal maxims such as al-mashaqqah tajlib al-taysīr and al-ḍarar yuzāl should not be narrowly interpreted as individual exemptions but rather as normative mandates for inclusive public policies; second, classical Islamic political jurisprudence has implicitly articulated state responsibility toward vulnerable groups, although this dimension has not been systematically developed in contemporary fiqh discourse; and third, the integration of fiqh kebangsaan with principles of social justice and international human rights law produces a jurisprudential model oriented toward empowerment rather than benevolence. This article concludes that the ‘azīmah approach is more contextually relevant to Indonesia and aligns with both maqāṣid al-sharī‘ah and substantive justice. Policy recommendations include strengthening derivative legislation of the Disability Law, allocating inclusive public budgets, and enhancing the institutional authority of the National Disability Commission.

In Islam, oath holds a significant and special position. Numerous oaths and vows have been cited in Quranic verses. In Iranian statutory law, oath as a means of proof has experienced different statuses throughout the history of Iran’s legislation before and after the Islamic Revolution, undergoing numerous transformations. Some of these transformations pertain to the probative value of the oath as evidence in proving crimes, while more significant developments have occurred in the realm of evidence for proving criminal offenses in general. Consequently, a historical review of the laws prior to the Islamic Revolution of Iran indicates that the use of oaths as evidence in criminal matters had no precedent. In other words, although the Civil Code enumerated the means of proof in a limited manner before the Islamic Revolution, dedicating eleven articles to the oath as one of the means of proof, its application in criminal matters was absent. The research method in the present article is descriptive and analytical. The primary question is: what are the foundations, formation process, and developments of the oath in Islamic jurisprudence and legal procedure? It appears that the oath in Islamic jurisprudence has remained unchanged; however, this term has undergone multiple transformations in Iranian statutory law, particularly in the field of criminal law. Although the oath in civil law and in the chapter on evidence remains consistent with the pre-revolution law, certain transformations in criminal law relate to the probative value of the oath as evidence for proving crimes, with more significant changes occurring in the realm of evidence for proving criminal offenses. The foundation of the oath in jurisprudence is derived from divine approval, while its formation in Iranian law is rooted in Islamic jurisprudence and moral conscience. The aim of this article is to identify the causes and methods of oath-taking in Islamic jurisprudence and Iranian law from past to present.