Ahkam: Jurnal Hukum Islam

INCONSISTENCY OF MERITOCRACY IN PPPK LECTURER CAREER RIGHTS: ISLAMIC LAW AND HUMAN RIGHTS REVIEW

Faiq Tobroni — 2025-07-29

This research aims to analyse the policy on the placement of lecturers as Government Employees with Work Agreements (PPPK), which raises serious issues in the higher education system, especially in terms of protecting the career rights of PPPK lecturers. The used method is a normative-empirical approach with a literature study of laws and regulations, policy documents, and Islamic literature. In addition to documents, researchers also used interviews with PPPK lecturers as triangulation in tracing the facts of regulation implementation. This study found that there is an inconsistency in the implementation of the meritocracy principle in treating PPPK lecturers. Although regulations on the State Civil Apparatus (ASN) promise the meritocracy principle, it does not apply to the career protection of PPPK lecturers. They cannot apply for promotion to functional positions (junior assistant professor, senior assistant professor, asssociate professor, and Professor). Some PPPK lecturers placed in the functional position of junior assistant professor at the time of recruitment, they cannot apply for a functional promotion to senior assistant professor. In contrast, all of these functional promotion facilities apply to Permanent Civil Servants (PNS). Like PPPK, PNS is a part of ASN. This inconsistency shows serious problems in terms of human rights and Islamic law. In terms of human rights, the government has failed to carry out its duties as a duty bearer of human rights in protecting the career rights of PPPK lecturers. The inconsistency of meritocracy contradicts the perspective of Islamic law, which emphasises justice, equality, and trust in human resource development. The government has actually become an actor that perpetuates the injustice of treatment in managing ASN.

COMPARATIVE ANALYSIS OF THE OPINIONS OF YUSUF AL-QARADAWI AND FAQIHUDDIN ABDUL QADIR ON THE LAW OF POLYGAMY

Nadia Aqila Brillianty — 2025-07-30

Polygamy is one of the issues that often becomes a debate in the study of Islamic family law, both in terms of legality, ethics, and social aspects. This article aims to analyze the similarities and differences in the opinions of contemporary scholars, namely Yusuf Al-Qaradawi and Faqihuddin Abdul Qadir, regarding the legality of polygamy, including the legal basis and the interpretation of justice as its condition. This study is a literature review with documentation as the data collection technique and a comparative study as the analysis technique. The similarities between the two figures are that they both permit polygamy, use Surah An-Nisa verse 3 as the legal source for polygamy, and regard justice as the primary condition for allowing polygamy. The differences are that Yusuf Al-Qaradawi considers polygamy to be a solution, understands Surah An-Nisa verse 3 in isolation, and views justice in polygamy only in material terms such as financial support, housing, clothing, and time spent together. Meanwhile, Faqihuddin Abdul Qadir argues that polygamy cannot be seen as a solution as it potentially brings harm to the family, interprets Surah An-Nisa verse 3 not in isolation but in conjunction with the preceding and following verses, which are verses 2 and 4, and believes that justice in polygamy encompasses all aspects, including immaterial elements such as emotions.

DETERMINATION AND ARGUMENTATION OF JUDGES IN MARRIAGE DISPENSATION AT THE SUMBAWA BESAR RELIGIOUS COURT: ANALYSIS OF DETERMINATION NUMBER 4/PDT.P/2024/PA.SUB REVIEW OF MASLAHAH AL-BUTI AND LEGAL POLITICS

Muhammad Solikhudin — 2025-07-30

Marriage is a common instinct for all humans. In Law Number 1 of 1974 concerning Marriage, it is explained that marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Almighty God. As for the age of the prospective bride and groom is 19 years according to Law Number 16 of 2019, but in the Sumbawa Besar Religious Court there was a request for marriage dispensation where the male party was still under 19 years old and there were factors underlying the determination of the Sumbawa Besar Religious Court Number 4/Pdt.P/2024/ PA.Sub that the prospective wife was pregnant outside of marriage, so the judge used Article 7 Paragraph 2 of Law Number 16 of 2019 concerning marriage and PERMA No. 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Requests. This research is a field research, qualitative in nature, with a legislative, conceptual, and case approach. As a result of this research, the judge granted the request for marriage dispensation. This determination is in line with the maslahah of al-Buti and the legal policy of marriage dispensation. The findings in this study, First: there are legal, sociological, and philosophical factors that influence judges in deciding cases. Second: The judge's appointment is in line with the political law of the marriage dispensation and is in line with the maslahah of Muhammad Said Ramadan al-Buti. Third: Finding the idea of maslahah usrah cum urgency, with several working methods, first the judge has asked and examined the applicant's files carefully, second the judge considers the maslahah aspect to be prioritized in determining the marriage dispensation, third the judge is able to apply the legal policy of marriage dispensation, namely the direction of legal policy that contains the benefits and urgency for the parties seeking justice.

THE REASON FOR CHILDFREE IN MAQASHID SHARIA PERSPECTIVE

Zulfa Amalia Firdaus — 2025-07-30

Penelitian ini bertujuan guna mengkaji terkait alasan-alasan perempuan memilih childfree serta mengkaji alasan-alasan tersebut dalam perspektif maqashid syariah. Serta mengetahui terkait pendapat pro kontra alasan childfree dalam maqashid syariah. Penelitian ini menggunakan metode studi kepustakaan (library research) dengan pendekatan kualitatif dikarenakan untuk mengkaji alasan-alasan childfree ke dalam maqashid syariah. Dengan mengkaji alasan-alasan tersebut menggunakan kajian literatur kedalam maqashid syariah sebagai fondasi bahwa keputusan childfree harus didasari dengan maqashid syariah. Analisis Data dilakukan dengan menganalisis pendapat-pendapat serta dari beberapa sumber sekunder serta triangulasi teori dengan menggunakan perspektf lebih dari 1 teori dan dilakukannya penafsiran hukum. Hasil adanya childfree yang ditinjau maqashid syariah bahwa alasan-alasan tersebut bisa terbagi menjadi 3 kebutuhan yakni Dharuriyat, Tahsiniyat, dan Hajiyat. Faktor mental dan fisik bisa dikategorikan ke tingkatan dharuriyat, Faktor personal dan Faktor lingkungan termasuk kedalam tingkatan hajiyat, Faktor ekonomi termasuk pada tingkatan tahsiniyat. Hasil dari penelitian ini memberikan wawasan baru bagi para pembaca dan membantu penelitian lainnya yang berkaitan dengan hukum islam yang membahas terkait adanya childfree serta berkontribusi pada permasalahan - permasalahan kontemporer terkait childfree yang dilihat dari perspektif Islam.

LIVING FIQH AS SOCIAL DYNAMICS: A STUDY OF THE ACTUALIZATION OF FIQH OF CIVILIZATION IN PONDOK PESANTREN DARUL ULUM, BANDUNG, TULUNGAGUNG.

Mashuri Mashuri — 2025-07-30

This study aims to examine the actualization of living fiqh of civilization in the dynamics of social religion in the Pondok Pesantren Darul Ulum Bandung, Tulungagung. This study departs from the awareness of the importance of transforming fiqh from normative discourse into adaptive and contextual social praxis, especially in the midst of increasingly complex social changes. Through a qualitative approach and case study method, this study explores in depth the values, practice patterns, and strategies for implementing fiqh of civilization in pesantren as a response to contemporary challenges. The results of the study show that Darul Ulum Islamic Boarding School practices fiqh that is not only based on text, but also considers social reality with the maqashid shari’ah approach. The developed fiqh is moderate, inclusive, and solutive to various community problems, such as issues of social justice, health, environment, and cultural pluralism. Pesantren play a strategic role as value producers and agents of social transformation that make fiqh a dynamic guide to life. The implementation of living fiqh in this pesantren can be seen in the integration of a curriculum that is responsive to contemporary issues, the involvement of santri in community empowerment activities, and collective awareness of the importance of building an Islamic civilization that is rahmatan lil 'alamin. Thus, this research confirms that the living fiqh of civilization developed by Darul Ulum Islamic Boarding School is not only a renewal of Islamic thought, but also a concrete form of fiqh that lives in society and contributes significantly to equitable and sustainable social development.