Siyasah Syar Research Articles

Siyasah Syar'iyah Analysis of the Alcohol Beverage Bill and its Relevance to Mui Fatwa No. 11 Of 2009 Concerning the Alcohol Law

The reality is that alcoholic drinks are a tradition and a habit at events in certain areas, such as Sulawesi and West Sumatra. Therefore, Indonesia must pass a Bill on the prohibition of alcoholic beverages with the aim that Indonesian people understand the harm that occurs because of alcoholic beverages. The question that arises is how important is the Bill on the Prohibition of Alcoholic Beverages both philosophically, sociologically, and normatively, and what is the relevance of the Bill on the Prohibition of Alcoholic Drinks to MUI Fatwa Number 11 of 2019 concerning Alcohol Law? This study aims to find out the importance of prohibiting alcoholic beverages, both philosophically, sociologically, and normatively in the form of laws and regulations, so it could apply legally and bind all the people. This study also wants to explore the relevance of the Legislation of the Law on the Prohibition of Alcoholic Beverages with the MUI Fatwa Number 11 of 2019 concerning Alcohol Law. This study is a qualitative type in the form of literature research (library research), which discusses the harm of alcoholic beverages in a philosophical-historical review with a maqasid al-shari’ah approach. Siyasa a-Taymiyyah’s review of the prohibition of alcoholic beverages as well as the prohibition of khamr in the legal analogy process aims to; first, take benefit and eliminate harm. Second, the form of saad al-Dzari’ah, which is preventing loopholes to take actions that bring greater harm with the rule of dar’ul mafasid muqaddamun ’ala jalbil mashalih (preventing harm takes precedence over taking benefit). This is done to protect religion, soul, mind, lineage, and property. From this, it can be concluded that all drinks which cause harm, such as khamr, are punished as haram as khamr, because they have the same ’illat law.
 Keywords: urgency, legislation, alcoholic beverages

Analytical Study of the Development of Islamic Law in Indonesia

The study of Islamic law is currently experiencing development, because the impact of developments in science and technology, especially information and communication technology, is taking place rapidly. Changes in society in one place quickly spread to people in other places. The events occurring at this time stimulated the emergence of movements demanding free forms of the Quran and the Prophet's Sunnah, the reopening of the doors of ijtihad, and the abandonment of the doctrine of taqlid. This study uses a qualitative method with content analysis approach, all data taken from various sources are derived from classical holy books, books, theories and expert opinion of Islamic education. The results of this research found the results of the development of Islamic studies during colonial rule, Islamic law in Indonesia during the period of national independence and types of Islamic law and their application. Methods for updating Islamic family law include: Takhshish al-qadha', giving authority to judges, Takhayyur, choosing between opinions within one dominant school, or among four schools, even outside the Sunni school, Re-translating verses of the Quran an and Hadith (retranslation), Siyasah syar'iyyah, determining law based on benefits, Judge's Decision.

Reconstruction of the Practice of Siyasa Syar'iyyah During the Islamic Empire's Relevance to the Practice of Sharia Financing CWLS Retail in Indonesia

The purpose of this study is to analyze the reconstruction of Islamic sharia implementation policies during the Islamic Empire in Indonesia from the perspective of siyasah syar'iyyah and their relevance to Indonesian government policies in regulating Islamic financing instruments in Cash Waqf Linked Retail Sukuk (CWLS Retail). The statutory approach and descriptive analysis are used in this research. Sources of data were obtained from various literary materials both from books, journals and the internet, as well as other relevant sources regarding the politics of Islamic law (siyasah syar'iyyah) during the Islamic period and its relevance to the regulation of Islamic financing instruments in Indonesia, especially with regard to the application of retail sukuk cash waqf (CWLS Retail). The results of the study show that first, the political application of Islamic law during the Islamic empire in Indonesia was carried out through the politics of the king's power (ruler). Second, the application of political Islamic law has relevance to current Indonesian government policies, namely in regulating Islamic financing instruments for Cash Linked Retail Sukuk (CWLS Retail), where the Government through various Islamic policies is embodied through laws, government regulations, MUI Fatwa, and other regulations. However, implementing this policy requires 6 variables of Islamic politics (siyasah syar'iyyah) in the opinion of Ibn Khaldun, namely mutual synergy between law, government, society, economy, development and justice.

Non-Binary Gender in Siyasah Syar'iyah Perspective: Study at Religious Universities in South Sulawesi

Non-binary gender is a legally recognized phenomenon that is present within global civilization, including the nation of Indonesia. The primary objective of this article is to analyze the concept of non-binary individuals within the context of religious universities, specifically from the standpoint of siyasah syar'iyah. This study employs a combination of qualitative and quantitative research methods, adopting a siyasah syar'iyah framework. Data was acquired utilizing two methods, including in-depth interviews, literature reviews, and surveys. The research study involved conducting interviews with informants who were specifically selected from the academic and religious communities in South Sulawesi. The literature under consideration comprises scholarly journal articles, books, and legal rules. Concurrently, a survey research study was undertaken at five Religious Universities located in the region of South Sulawesi. This study posits that under the framework of gender, non-binary is identified as a distinct category alongside men and women. Nevertheless, the Islamic law refutes the notion of gender and sexuality diversity, asserting that it contradicts sharia law, deviates from the inherent character of humanity, and raises legal issues such as inheritance and marriage. In addition to promoting non-discriminatory attitudes towards individuals, Islamic law also emphasizes the need of satisfying the rights of Non-Binary Gender individuals, provided that such fulfillment does not impede the realization of other human rights. According to siyasah syar'iyah, it is the responsibility of the state, as mandated by legislative rules, to ensure the provision of protection, guidance, and counseling to individuals, with the aim of fostering a life that promotes virtue and harmony within society.

Implementation of Minimum Mandatory Giro (Gwm) in Sharia Banking Perspective Analysis of Siyasah Syar'iyyah Maliyyahtitle

This research analyzesthe implementation of Mandatory Reserve Requirement (GWM) in Islamic banking in Indonesia, with a focus on the duplication of money resulting from the implementation of GWM in Islamic banking, the regulation of GWM in Islamic banking in the view of Siyasah Syar'iyyah Maliyyah, and finding a more just system solution for GWM regulation in Islamic banking in Indonesia. In this research, the researcher used a qualitative research method with a library research type and a philosophical approach. The results of this research show that GWM is a monetary instrument applied by the central bank to ensure the liquidity and solvency level of banks in the financial system. The purpose of implementing GWM is to ensure that banks have enough funds to handle their liquidity needs and to ensure the stability of the overall financial system. Then, the perspective of Siyasah Syariyyah Maliyyah shows that the implementation of Islamic economics in Indonesiamust be practiced according to the socio-cultural conditions in Indonesia. Currently, GWM is something that cannot be avoided, and there is still no new system that can replace it for Islamic banks. Therefore, GWM in Islamic banking is one of the monetary instruments that can control inflation. The existence of GWM in Islamic banking in the concept of Maslahah is at the level of tahsiniyat (tertiary). The debate over the existence of GWM in Islamic banking presents several solutions to provide justice for all parties, including changing the fractional reserve banking system to Narrow Banking, which clearly distinguishes between savings and deposits, emphasizes the principle of amanah, and separates profit-making activities in banking through cooperation with separate affiliate organizations from the bank itself. Because the fractional reserve banking system has been challenged in Switzerland, the solution to GWM gharar is the sovereign money system, which is similar to full reserve coverage, but goes further by giving full control over deposits seen by the central bank. So there is no gharar element. In other words, existing savings "create" loans

Pro dan Kontra Peraturan Pemerintah No. 26 Tahun 2023 tentang Pengelolaan Hasil Sedimentasi di Laut: Perspektif Fiqh Siyasah Syar’iyyah

Based on Government Regulation No. 26 of 2023 concerning management of sedimentation results in the sea, this research aims to find out the pros and cons that occur as a result of the ratification of Government regulation No. 26 of 2023 concerning management of sedimentation results in the sea and what is the perspective of siyasah syar'iyyah fiqh on Government regulation No. 26 of 2023 concerning management of sedimentation results in the sea. This research uses a descriptive type of normative juridical legal research to describe the pros and cons of PP No. 26 of 2023 concerning management of sedimentation results in the sea. The data sources are primary data and secondary data, the data collection technique uses qualitative library research in the form of books, scientific journals, language dictionaries and various other literature. The results of the research show that the opening of sea sand exports was opposed by a number of academics, environmental activists, non-governmental organizations and the DPR RI. The academic text that is the basis for drafting this regulation is considered premature, because it is not supported by the results of a comprehensive study regarding the potential distribution, locations of marine sedimentation that can be taken, sedimentation content, safe retrieval technology, and economic risks and prospects. Perspective of Siyasah Syar'iyyah Fiqh on Government Regulation No. 26 of 2023 concerning the management of sedimentation results in the sea is considered not in accordance with established Islamic law. This can be seen from changes in the system that reintroduced sea sand exports after 20 years of non-operation.

ANALYSIS OF SIYASAH SYAR'IYAH ON THE POLICY OF SUMENEP DISTRICT GOVERNMENT IN ACCELERATING HALAL CERTIFICATION IN UMKM

This study aims to analyse siyasah syar'iyah towards the Sumenep Districtgovernment policy in accelerating halal certification in UMKM. This studyexamines the legal and ethical basis of Islam which focuses on the principles ofsiyasah syar'iyah related to public affairs and social justice. This researchmethodology uses qualitative methods by conducting document analysis andinterviews with policy makers and UMKM actors involved in the certificationprocess. The results of the analysis show that the Sumenep Regency governmenthas taken steps in accordance with the principles of siyasah syar'iyah such astransparency, justice and sustainability. However, the implementation of this policyhas several challenges such as limited human and financial resources and lack ofunderstanding and awareness of the importance of halal certification by UMKM.Therefore, it is recommended that the Sumenep Regency government continue toimprove by socializing and mentoring UMKM business actors, as well asstrengthening cooperation with agencies or institutions supporting halalcertification. This research contributes to understanding the implementation ofsiyasah syar'iyah in the context of local level economic policies, as well as providingrecommendations to the government and other stakeholders in the process ofaccelerating halal certification for UMKM effectively and sustainably.Keywords: Siyasah Shar'iyah, Halal Certification, Sumenep Regency

State of Nature in the Perspective of Fiqh Siyasah (A Comparison Study between the Thoughts of Al-Mawardi and Thomas Hoobes)

The concept of State of Nature is important in political theory because it helps us understand the origin of political authority and the role of government in society. The State of Nature refers to the hypothetical condition of human beings before or without political association. The analysis is about the comparison of Islamic and western views by using two figures, Al-Mawardi and Thomas Hobbes. This research aims to compare their opinion regarding the State of Nature from the perspective of Siyasah Syar’iyyah. This research uses a comparative approach and content analysis. This study discusses the critical analysis of Thomas Hobbes and Al-Mawardi's views on the concept of a state of nature. Thomas Hobbes conducted that the state of nature is the basic nature of humans who are suspicious of each other at war to find happiness or Hobbes calls it Homo humini lupus, which mean the state of the werewolf for other humans, in contrast to Al-Mawardi's view that humans are deliberately created as weak creatures so that they need interaction to help each other, humans are social creatures who need other people to survive. The research results show that Al-Mawardi and Thomas Hobbes have different views about the State of Nature. According to Al-Mawardi, humans are born in a good natural state, whereas according to Thomas Hobbes, humans are born in a bad natural state. Apart from that, Al-Mawardi argued that humans have rights that must be respected by the state, while Thomas Hobbes argued that humans must surrender their rights to the state for the sake of security and peace.

POLITIK HUKUM (konsep Oligarki Dalam Pandangan Siyāsah Syar'iyah)

Political oligarchy represents a political system controlled by minorities in a country. Participation in the exploitation of the government of small groups often results in justice, arbitrariness that has political ownership rights of the small community, who have them as the bourgeoisie in the status of national and state life. The view of siyasah syar'iya which is derived from the principles of the Koran and hadith explains that the existence of apolitical system must be directed towards religious maintenance and social harmonization, therefore the existence of the government is burdened as a mandate for the welfare of society without differences in social status. As for one of the practices of nationalism without social differences taught by the Prophet Muhammad, it can be seen from the context of the Medina Charter as a constitution and a joint commitment between Muslims and non Muslims to live as a state with a common goal of being able to live in prosperity both socially, economically and political. As for the problems in this article, namely those related to Jeffrey A. Winters' views regarding political oligarchy and how the views of siyasah syar'iyah criticize it, this research is a library research which is descriptive analysis in nature.

Pendekatan Siyāsah Syar‘Iyyah Dalam Menangani Isu Perundangan Jenayah Semasa Di Malaysia

International legal developments may have an impact on the formulation of laws and policies in a country. In terms of crime, for example, there are international calls for some municipal laws to be revised. Among them is a call to repeal the law prohibiting attempted suicide and the death penalty. This abolition step is said to be required to ensure modern society's welfare. However, the government must carefully study this issue while keeping the context of the country in mind. Furthermore, some international laws may be incompatible with Shariah. In dealing with this issue, the government may apply the siyasah syar'iyyah approach in making decisions and considering appropriate actions. The aim of this paper is to discuss the concept and elements of siyasah syar'iyyah, particularly in the context of criminal law implementation. Then, its application in dealing with issues pertaining to attempted suicide and death penalty legislation in Malaysia is discussed. Thematic and comparative analysis methods were used in the study. The study finds that the government has extensive powers in enforcing policies and laws that are appropriate to current needs, particularly when it comes to the crime of takzir. However, there are certain guidelines to ensure that the actions taken by the government is fair (siyasah 'adilah) and coincide with shariah. In Malaysian context, it was found that the process of reviewing the related laws has taken into account the current reality (fiqh al-waqi'), makes considerations of the public interest (maslahah) and harm (mafasadah) (fiqh al-muwazanat) and deliberate the priorities (fiqh al-awlawiyyat) which are among the elements of siyasah syar'iyyah. Thus, it is hoped that further government’s actions in future will benefit the people.

THE USE OF E-MODULE-BASED ENGLISH LEARNING ON SIYASAH SYAR'IYAH STUDENTS STAIN BENGKALIS

English is one of the subjects that must be studied by students. In transferring competence, a special method is needed, especially for students who are not from the English Department. This research was conducted to measure the students' ability from the learning outcomes of e-module-based English courses. This research method can be categorized as quantitative research. The Mann-Whiteney test was chosen as an alternative in data processing. The total population in this study was 57 students of semester 1 of the Siyasah Syar'iyah Study Program class A and class B for one semester. The result is that the students' ability to use the English module between classes A and B is on average the same. This means that students do not find difficulties in using English e-modules.

DISTRIBUSI PROGRAM BADAN PENYELENGGARA JAMINAN SOSIAL PENERIMA BANTUAN IURAN BAGI MASYARAKAT FAKIR MISKIN DAN KURANG MAMPU DI KELURAHAN PADANG MAS KABUPATEN TANAH KARO SUMATERA UTARA (TINJAUAN SIYASAH SYAR’IYAH)

This study aims to analyze the distribution of the Social Security Administering Body for Contribution Assistance (BPJS PBI) programs for the poor and underprivileged in the Padang Mas sub-district, Tanah Karo Regency, North Sumatra, which has been on target or not and to review the position of the BPJS PBI’s program in the Siyasah Syar’iyah review. This study uses empirical legal research methods by analyzing the problems that have been formulated and the combination of primary, secondary and tertiary sources of library materials with primary data obtained in the field. The results of this study explain that the distribution of the BPJS PBI’s program in Padang Mas Village, Tanah Karo Regency is carried out well even though there are shortcomings such as errors in collecting BPJS PBI membership data which resulted in the distribution being considered less targeted. The implementation of this program must be supported by several factors, such as: good communication, active community participation and equitable tracking of information so that the distribution of aid is more targeted. As for the BPJS PBI’s program, when viewed from the Siyasah Syar’iyah aspect, it turns out to be in accordance with the objectives of Siyasah Maliyah and Siyasah Duturiyah, namely both for the benefit of the people for the welfare of the citizens' lives for the better.

Faktor Meningkatnya Partisipasi Politik Masyarakat pada Pilkada Masa Covid-19 di Kabupaten Dharmasraya Perspektif Siyasah Syar’iyyah

This research is motivated by two things. First, the increase in community political participation in Dharmasraya Regency in the 2020 Pilkada compared to the previous year's Pilkada. Second, it is carried out in a Covid-19 emergency situation. This study aims to find out why the level of political participation of the people of Dharmasraya Regency in the 2020 Pilkada increased in the Covid-19 emergency situation and how according to the perspective of siyasah syar'iyyah on community political participation in Dharmasraya Regency. The type of research that the author uses in this research is field research conducted in Dharmasraya Regency, West Sumatra Province. Sources of primary data obtained through observations, interviews and documentation conducted on the relevant stakeholders. Based on the results of the study, it can be found that the factors that influence the political participation of the community in Dharmasraya Regency in the 2020 Pilkada are due to the driving factors, namely the awareness or political stimulant factor of the community, political situation or environmental factors, political education factors and trust factors in the government. According to the siyasah syar'iyyah perspective on community political participation in the Pilkada of Dharmasraya Regency, it is already practicing the commands of Allah SWT or in accordance with Islamic teachings that require humans to participate in the election of leaders for the benefit of the people which is mandatory.

Compensation Distribution for the Acquisition of Land Owned by Many Proprietors in Malaysia: Addressing the Related Grievance from the Perspective of Siyasah Syar’iyyah

Compensation Distribution for the Acquisition of Land Owned by Many Proprietors in Malaysia: Addressing the Related Grievance from the Perspective of Siyasah Syar’iyyah

Observing The Judicial Commission’s Role In Enhancing Judicial Capacity And Integrity

The purpose of this study is to examine the Judicial Commission's urgency in developing the capacity and integrity of judges in Makassar, as well as the mechanism for carrying out the Judicial Commission's duties in developing the capacity and integrity of judges from a siyasa syar'iyyah perspective. The research method used is descriptive qualitative field research. By adopting a syar'i normative perspective. The study's findings underscore the Judicial Commission's urgency in building the capacity and integrity of Makassar's judges through a training program on the Code of Ethics and Code of Conduct for Judges. The mechanism for carrying out the judicial commission's mandate of enhancing judges' capacity and integrity includes conducting training to improve KEPPH for judges with a tenure of 0–8 years, as well as the meaning of KEPPH for judges with a tenure of 8–15 years. In an Islamic state, the Judicial Commission serves as a supervisory agency for judges. It is headed by Qadhi al-Qudhat. This such, the Judicial Commission adheres to Islam's principle of being a supervisory entity in order to promote good behaviors and avert evil ones. The implication of this research is to strengthen the capacity and integrity of judges through the Judicial Commission's frequent implementation of judge training programs.
 Keywords: Judicial Commission; Judges; Siyasah Syar’iyyah

Assessing The National Human Rights Commission's (Komnas Ham) Independence In Indonesia's Statement System

The National Human Rights Commission (Komnas HAM) is an independent, national state commission tasked with the responsibility of conducting human rights studies, research, counseling, investigations, monitoring, and mediation. The purpose of this study is to ascertain Komnas HAM's status and role within the Indonesian Constitutional System, as well as its accountability within the Indonesian Constitutional System. According to the nature of the inquiry, this is a library research on the subject of Komnas HAM. The syar'i theological approach was applied in the investigation. The findings of this study reveal that Komnas HAM has a distinct status and function within the Indonesian constitutional system; Komnas HAM's job is to strengthen human rights protection and enforcement. The research's implications are to emphasize Komnas HAM's constitutional status in Indonesia and to realize human rights enforcement through Komnas HAM's partnership with the community.
 Keywords: Komnas HAM; Siyasah Syar’iyyah; Wazir al-tawfid

The Epistemology Of Siyasah Studies In The Philosophy Of UIN Alauddin Makassar Scientific Trains

The process of developing a scientific train philosophy is a human problem considering its position as a new scientific philosophy and requires a strong epistemological construct in terms of its source, structure, method and validity. The presence of a new scientific philosophy in the UIN Alauddin Makassar environment as a development of the scientific philosophy of the house of civilization, of course has consequences for tridharma activities including the epistemology of siyasah Syar'iah studies. To answer this problem, this study applies a descriptive-analytical qualitative research model using a multidisciplinary approach. The results showed that the study epistemology of Siyasah Syar'iyah in the UIN Alauddin Makassar environment from the source of the study had been developed by combining various normative bases in line with the vision and mission concept as a faculty and program study and supported by a curriculum of practical elaboration of the vision and mission. In line with that, the paradigm of Siyasah Syar’iyah study in the spectrum of scientific train philosophy places the study of siyasah syariyah to be more inclusive and is required to accommodate various sources, structures, methods and validity of syariyah syariyah that are relevant and constructed.Keywords: Epistemology; Siyasah Syar'iyah; Scientific Train.

Publikasi Mimpi Bernuansa Politis di Tengah Antisipasi Radikalisme dalam Kajian Sadd al-Dzari`ah

This paper questions how to respond to the publication of political dreams in relation to efforts to reduce radicalism in Indonesia according to Sadd al-Dzari'ah's study. This research is qualitative in nature and its presentation uses descriptive analysis method. Publication of dreams is a common thing in society, moreover dreams that are disseminated are good dreams. However, sometimes the publication of a dream, according to people who experience it, is suitable for public consumption, on the other hand it may have an impact on the emergence of radicalism in a country. An example that recently occurred was the dream of Haikal Hassan who met Rasulullah SAW regarding the shooting of the Islamic Defenders Front (FPI) laskar by the police in Mega Mendung, West Java. The publication of this dream seemed to have political nuances and caused turmoil among the FPI, because in this dream Rasullullah SAW seemed to blame the police for handling the FPI laskar and on the contrary defending the FPI laskar who was killed. This paper concludes that the act of publishing dreams which was previously immutable is not permitted if the publication creates a radicalism movement that may threaten the integrity of the country. In the study of siyasah syar'iyyah, security and public order (maslahah) is a very important part of state politics. Therefore, according to Sadd al-Dzari'ah's study, the legal position of publishing dreams, which has so far been converting, can become haram if it causes harm to a country.

PELAKSANAAN PEMILIHAN KEPALA DESA KARTIASA KECAMATAN SAMBAS TAHUN 2019 PERSPEKTIF SIYASAH SYAR’IYAH

The Village Head Election in Sambas Regency was formed based on considerations of effectiveness, efficiency, and rationale in accordance with regional needs and capabilities as well as coordination, integration, synchronization and simplification as well as institutional communication between regional centers so that an election of a village head was carried out that truly reflected the will of the community village in determining the best leader. Based on the results of the research, the implementation of the Kartiasa Village Head Election refers to the legal basis for the Sambas Regency Regional Regulation Number 6 of 2015 concerning Village Head Election, and the Sambas Regent Regulation Number 27 of 2015 concerning Village Head Elections. The stages are: preparation, voter registration and nomination, voting, and determination / endorsement. Whereas the process and mechanism for the Village Head Election in Kartiasa Village, starting from the preparation stage whose activities include the formation of the Pilkades committee, up to the stipulation / ratification stage, in which the election results are submitted by the Election Committee to the BPD and from the BPD to the Regent through the District Head, in accordance with siyasah syar'iyyah (Islamic political system

Positivisasi Syariat Islam di Aceh

Al-Qur'an and Sunnah as the revealed law is the main basis of Islam is to bring mercy to all natural and has become a lifeline beliefs and muslims especially the people of Aceh. Interpretation of Islamic Sharia through fiqh, which manifested in a kanun be sustained by engaging all community stakeholders. The formation, implementation, and enforcement of kanun in all areas of life (kaffah) performed fairly against any person who violated the undiscriminating social structure. Kanun improvements to address the growing state of society as a whole is done with due respect to the substance, structure, and culture (adat) communities. The values ​​of the benefit, harmony, and avoid kemudharatan should ensoul of siyasah syar'iyyah that the principle of purposiveness pensyariatan (al-maqashid al-syar'iyyah) and the principle of policy and laws (al-tasyri wisdom).