Al-Daulah : Jurnal Hukum dan Perundangan Islam 2020-03-13T04:39:50+00:00 Ikhsan Fatah Yasin Open Journal Systems <p><strong>Al-Daulah</strong><strong> : Jurnal Hukum dan Perundangan Islam</strong> is a biannually published journal in April and October. It covers various issues on the Islamic Law and legislation studies.</p> <p>The journal had been successfully accredited on December 1, 2015 according to the Decree of the General Director of Higher Education of the Ministry of Education and Culture of the Republic of Indonesia Number: 2/E/KPT/2015.</p> <p>Publisher Address: Jl. A. Yani 117 Surabaya 60237, E-mail:</p> <p><strong>p-ISSN: <a href=";1318819181&amp;1&amp;&amp;" target="_blank" rel="noopener">2089-0109</a> dan e-ISSN: <a href=";1456373904&amp;1&amp;&amp;" target="_blank" rel="noopener">2503-0922</a></strong></p> Menggagas Fiqh Realita Dalam Kehidupan Keagamaan di Indonesia 2020-02-19T03:40:49+00:00 Abdurrahman Kasdi <p>This article aims to describe the significant of the sociological approach to formulate the <em>fiqh</em> (Islamic jurisprudence) of reality within the religious life of the Indonesian society. The study of reality is needed in the social and religious sciences, especially in the <em>fiqh</em>&nbsp; studies because it is capable to be a natural activator of the transformation in formulating the Indonesian <em>fiqh</em>. The research approach used is a sociological approach. The results show that the <em>fiqh</em> of reality is a part of the Islamic jurisprudence that has relevance to the reality of society. In applying of this <em>fiqh,</em> there are needs to be an effort to contextualize of interpreting the text so that the understanding of it is not literally according to the sound of the text. In this context, the reality consists of two forms, namely: a fixed and changing reality. The fixed reality is the nature (<em>s</em><em>unnah</em><em>)</em> of Allah in this universe which has been pointed out in the Qur'an that this reality will not shift. The changing reality can be seen from the general and partial reality. The general reality is a different human tradition because of difference in the place and time, while the partial one is just for certain individual condition. The implementation of the such <em>fiqh</em> is necessary for the Indonesian Muslims, especially in building the harmonization of the national life.</p> 2019-04-01T00:00:00+00:00 Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Metodologi dan Teoretisasi Politik Islam 2020-02-19T04:11:43+00:00 Sulthon <p>The main purpose of this research is to suggest that theoritically there is no specific and standard methodology to be used in the study of <em>fiqh</em> (Islamic jurisprudence) <em>siyasah</em>. It is because <em>fiqh siyasah</em> is more a part of a social science, where the methodology that might be used always changes and grows. &nbsp;As a part of <em>fiqh</em>, &nbsp;the study of <em>fiqh siyasah </em>needs to accommodate &nbsp;various methods of <em>ijtihad</em> as in the science of <em>fiqh</em> in general, such as <em>&nbsp;qiyas, istihsan, istishab, maslaha mursalah, 'urf,</em> and others. The study of <em>fiqh siyasah</em> can also use the five approaches such as philosophical, legal, empirical, bureaucracy, and ethics approach. Because the study of <em>fiqh</em> is quite complex and dynamic, then in the assessment and development of which need to be equipped with supporting sciences, such as sociology, anthropology, history, political science, economics, and others.The two fundamental questions to be answered in this research are; what is the methodology and approach of the Islamic political studies / <em>fiqh siyasah </em>and what are its characteristics. The method used in this research is descriptive and historical method. Descriptive method is used to describe a systematic, factual and accurate as well as the characteristics of the population in a particular region. While the historical method is used to reconstruct the past systematically and objectively by collecting, assessing, verifying, and synthesizing evidence to establish facts and to reach a strong conclusion</p> 2019-04-02T00:00:00+00:00 Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Analisis Model Diversi Melalui Restorative Justice Pada Anak Pelaku Tindak Pidana Terorisme Dalam Perspektif Maqashid Syari’ah 2020-03-13T04:20:31+00:00 Mohammad Farid Fad <p>The act of terrorism involving children certainly raises its own concerns. How not, if the child is faced with a formal justice process then besides he will lose his independence, he will also lose his future because of stigmatization as a terrorist who is attached for life. However, if the model of diversion through restorative justice is adopted, the legal process will be blocked by the provisions of Article 7 paragraph (2) of Law No. 11 of 2012 concerning the Child Criminal Justice System. Then what is the meeting point between the two? How is this diversion approach in the perspective of Maqashid al-Shari'ah? This article tries to describe the diversion model through a restorative justice approach in the perspective of maqashid al-shari'ah. The type of method used in this study is a qualitative method. The data collection technique used is library research sourced from various literatures such as books, books and journal articles. After the data is collected, an analysis will be carried out using descriptive-analytical methods. This study concludes that restorative justice through a diversion model is in line with the principles of maqashid al-syari'ah, this legal approach aims to help children of terrorists realize, feel and restore humanitarian relations that were damaged between the perpetrators and victims. This is due to the fact that the child of the terrorist is not an actor in the real sense, but he is the real victim of the results of his parents' indoctrination or other parties.</p> 2019-04-23T00:00:00+00:00 Copyright (c) 2020 Al-Daulah : Jurnal Hukum dan Perundangan Islam Post-Islamisme dan Gerakan Politik Islam Dalam Sistem Demokrasi Indonesia 2020-03-13T04:31:15+00:00 Bani Syarif Maula <p>Indonesia is a country with a majority Muslim population that implements a democratic system. Based on this democratic system, non-muslims constitutional systems can coexist and play an active role in carrying out religious values in the public sphere as a very visible feature. Nonetheless, the relationship between Islam and the state in the course of Indonesian history always experiences ups and downs. In one period of Indonesian history, Islamic politics was a peripheral thought and movement and even considered a threat to democracy and the value of modernity, because Islamic groups struggled to maintain the ideology of Islamism with the aim of establishing an Islamic state, or at least implementing a traditional Islamic legal system to a modern Indonesian society. However, as the development of the Islamic world coincided with efforts to democratize the Indonesian state, Islamic politics also changed its direction to adjust to these conditions. Islamic groups become more accommodating to the values of democracy and modernity, without having to leave their Islamic identity. This last phenomenon is known as post-Islamism as a socio-political movement in the life of the nation and state in Indonesia.</p> 2019-04-23T00:00:00+00:00 Copyright (c) 2020 Al-Daulah : Jurnal Hukum dan Perundangan Islam Sinergitas Ulama dan Umara 2020-03-13T04:39:50+00:00 Bahrul Ulum <p>This article aims to elaborate on the response to the process of resolving the blasphemy case that occurred in one of the hotels in Jambi. There was found the installation of Allah's label on the floor of the Christmas tree ornaments. Based on studies in the field, it was found that this case included ethnicity, race, religion and class nuance cases (SARA) and it had to be resolved immediately, because it could potentially lead to religious conflict and mass amok. The results of the study show that Firstly, the Government (leader) along with its ranks and Ulama (clerics) together with Islamic Organizations responded quickly to the blasphemy event by holding meetings and agreeing that the case should be resolved immediately so as not to cause religious conflict. Secondly, both Ulama and Umara (leader) worked together and discuss (sit and talk) a quick step in resolving the case and trying to calm the public so that they did not commit vigilante acts. The synergy pattern that is intertwined and articulated here has resulted in a swift, accurate solution to the resolution of the case and can immediately restore a supportive atmosphere for the people of Jambi.</p> 2019-04-23T00:00:00+00:00 Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam