Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam

The Strategic Role of Qiyas Theory on Elasticity of Islamic Law in Solving Contemporary Issues

Sanuri Sanuri — Fri, 26 Jan 2024 00:00:00 +0000

This study highlights the role of qiyas in the elasticity of Islamic law in resolving contemporary issues of Muslims which do not have clear legal provisions in the nass, both in al-Qur'an and al-Sunnah. This is a qualitative research and the data collected through documentary in the form of texts directly related to qiyas theory. Furthermore, the data was analyzed using content analysis technique. To parse this theme, there are several important points, namely: (1) Al-Qur'an and al-Sunnah as revealed shari'ah; (2) Islamic law: between religious humanism and liberal humanism; (3) Qiyas in the lens of Ash'ariyyah and Mu'tazilah scholars; and (4) Qiyas and elasticity of Islamic law. The result of this study is that qiyas has enormous potential in proving and embodying the elastic character of Islamic law in providing answers to various contemporary problems of Muslims. However, the notes for qiyas, as offered by the madhhab scholars, currently need to continue to be developed, with an attitude of openness, to accept various scientific and technological developments that continue to experience very rapid leaps.

Pemenuhan Hak Pendidikan pada Anak Binaan di LPKA Blitar pada Masa Pandemi COVID-19

Nafi Mubarok, M. Sulthon — Fri, 26 Jan 2024 00:00:00 +0000

This article intended to discover and analyze the fulfillment of the educational rights of assisted children at LKPA Blitar during the COVID-19 pandemic and the obstacles to fulfilling the educational rights of assisted children at LKPA Blitar during the COVID-19 pandemic. Two significant findings can be elaborated from the research. Firstly, the educational rights of children at LPKA Class I Blitar during the Covid-19 pandemic have been fulfilled and have been implemented by LPKA Class I Blitar by existing provisions, namely Law no. 23 of 2002 concerning Child Protection, Law no. 11 of 2012 concerning the Juvenile Criminal Justice System and Law no. 20 of 2003 concerning the National Education System. Secondly, there are several obstacles in implementing education for students at LPKA Class I Blitar during the COVID-19 pandemic related to several problems. The limited educational and coaching facilities, the level of education and motivation of correctional students, and factors changing the methods used in the learning process hindered the successful fulfillment of educational rights to the children.

Sejarah Sistem Pemerintahan dan Kekuasaan Eksekutif di Indonesia

Mohammad Ahsanul Khuluqi, Muwahid Muwahid — Fri, 26 Jan 2024 00:00:00 +0000

To understand a legal system, the first thing that must be comprehended is a consensus regarding the history or background of the system's existence. In Indonesia's government system, which adheres to a presidential system, many changes occurred before the amendment to the 1945 Constitution. The government system in Indonesia has shifted from a presidential system where the president is the country's highest leader to a parliamentary system where a prime minister is the head of government. Then, it retook its original feature from a parliamentary system to a presidential system where full command rests with the president as the leader of the state and government. The role of electoral politics was far behind the changes in the dynamics of the legal system. The actual context of government, in this case, the executive, is much simplified and reorganized regarding the existing legal political system. The president, who is part of the key to the highest power in the executive area, oversees various public positions such as ministers and other areas of the executive area.