Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum

Beyond Charity: The Transformative Role of Social Fiqh in Advancing Substantive Rights for Persons with Disabilities

Akhmad Jalaludin — 2025-12-01

People with disabilities still do not get the same opportunities and special treatment according to the conditions experienced. Although the state guarantees equal rights for all citizens, its implementation for persons with disabilities is still not optimal, creating a gap between normative regulations and social reality. This research aims to analyze the issue through the perspective of social fiqh, which is the paradigm of Islamic law that emphasizes justice, empathy, and social inclusion, using a qualitative approach with a literature study design. Data was collected from academic works, official documents, and relevant policies, then analyzed by content analysis techniques through the systematic review method. The focus of the analysis is directed at mapping the principles of social fiqh that can be operationalized in answering the problem of marginalization of persons with disabilities. The results of the study show that the six main principles of social fiqh, namely al-'adālah (justice), at-tawādhu' (empathy), al-muwāsathah (social inclusion), ihyā' al-maṣāliḥ (empowerment), ḥifẓ al-nafs (care of the soul and mental health), and ta'līm wa tasyjīr (education and opportunity), not only provides theological legitimacy for the protection of the rights of persons with disabilities, but can also be used as a practical framework to encourage inclusive policies, economic empowerment, and adaptive access to education. The findings of this research can be an input for the government as a policy maker to formulate regulations that are more equitable for people with disabilities so that they can fulfill their social rights. In addition, it can be an input to the general public to be fair, empathetic and provide opportunities for socialization for people with disabilities so that they get equality and treatment as their conditions.

Diskursus Childfree di Media Sosial: Analisis Implikasi Demografis, Hak Asasi Manusia, dan Maqashid Syariah

Khusnul Khatimah — 2025-12-10

Social media platforms have become places where various individuals express their views on current issues. The Childfree phenomenon has become a widely discussed topic on social media, especially in Indonesia, along with the increasing number of individuals choosing not to have children after marriage. On one hand, the decision to adopt a Childfree lifestyle reflects individual freedom in determining the direction of one's life, which is part of human rights. However, on the other hand, the decision to adopt a Childfree lifestyle has garnered both support and opposition within society, especially in the context of cultural, religious, and demographic values. This phenomenon is rapidly developing with the support of globalization and easy access to information, which allows for an increasingly open discourse on individual freedom in making life choices. This research aims to analyze the childfree phenomenon on social media from the perspective of a demographic threat, human rights perspective, and maqashid sharia. This research uses qualitative methods, with interview techniques involving informants from various backgrounds, including religious figures, medical personnel, and academics in the city of Palangka Raya. The research results indicate that there are significant differences in perspectives on this phenomenon.From a religious perspective, being childfree is viewed as contrary to the principles of maqashid sharia, especially in the aspect of hifz nasl (preservation of lineage). Meanwhile, from a medical perspective, the decision not to have children is associated with certain health risks for women.

Pemberian Abolisi terhadap Terpidana Korupsi: Analisis Konvensi Ketatanegaraan dan Siyasah Iddariyah

Lia Rahmawati — 2025-12-12

The granting of abolition constitutes a constitutional prerogative of the President as stipulated in the 1945 Constitution of the Republic of Indonesia; however, its application to perpetrators of corruption raises serious debates concerning legal morality and anti-corruption efforts. This article aims to analyze the President’s authority to grant abolition to corruption offenders from the perspectives of constitutional law and siyāsah iddariyah. This study employs a qualitative library research design using a normative-analytical approach through the examination of statutory regulations, court decisions, and relevant legal literature. The findings indicate that although the authority to grant abolition has a constitutional basis, its application to corruption cases potentially contradicts the principles of substantive justice, the spirit of combating corruption, and the protection of public interest. From the perspective of siyāsah iddariyah, the exercise of governmental authority is constrained by the principles of trust (amānah), justice, and the safeguarding of the public good; therefore, policies on abolition must be oriented toward the preservation of maqāṣid al-sharī‘ah, particularly the protection of state assets and public trust. Accordingly, the granting of abolition to corruption offenders should be applied in a strict and proportional manner and oriented toward the public interest to prevent abuse of power and the erosion of legal morality.