Home  /  Jurnal Hukum Islam  /  Núm: Volume Par: 0 (2019)  /  Article
ARTICLE
TITLE

Positivising Shari’a In National Regulation Through Maqasid Approach (Studies on Government Policy in Handling of Foreign Refugees in Indonesia)

SUMMARY

The problematic of humanism in many countries results a phenomenon of trans-national refugee migration. Indonesia is one of country which received a massif influx of refugee wave aiming to obtain an asylum. This study discussed the policy of handling refugee in Indonesia from the maqasid sharia as perspective. Maqasid sharia, as one of the Islamic law methodological approaches in order to understanding social phenomena which positioned the interest (maslaha) as the core treatise. This study aimed to explain that the interaction between maqasid sharia as perspective and the development of national regulation, including the regulation in handling refugees, results three models of policy (instructive, integrative, and adaptive). Instructive policy implemented through taqnin model, which is issued by the state authority as positive norm. Integrative policy implemented through eclectic model, adopted the finest part from both national law and Islamic law. Adaptive policy implemented when important elements of Islamic law affirmed national policy which contained fundamental principle of universal humanism as part of shari’a.

 Articles related

Nurwita Ismail    

The implementation of PSBB or Lockdown still pay attention to the effects caused in the community. Making a regulation is not providing solutions but how to implement existing regulations. With the restrictions on community activities which basically wil... see more


Ilham Ilham    

Criminal law policy of the authority of the Corruption Eradication Commission the authority associated with the Corruption Eradication Commission (KPK) is the state agency that are unconstitutional, although not spelled out in the state constitution is t... see more


Rachmadani Eka Husnul Khotimah    

The study examines the normative policy on the ownership rules of residential homes for foreigners in the credit agreement consumption of Syariah banks in Indonesia. This policy has existed since 2005. However, it does not make all Syariah bank... see more

Revista: Mazahib

Suryani    

Article 33 paragraph (2) and paragraph (3) of the 1945 Constitution of the Republic of Indonesia regulates guarantees for the exploitation of electricity supply which is controlled by the state which is used for the maximum prosperity of the people. Howe... see more

Revista: The Juris

Dimas Surya Guritno, Arikha Saputra    

Every motorized vehicle that is operated and/or used on the highway must meet all technical requirements and roadworthiness requirements as stipulated by Law No. 22 of 2009 concerning Road Traffic and Transportation. The objectives of this study are to: ... see more

Revista: The Juris