Perkembangan Paradigma Ulama terhadap Kajian Fitrah dalam Maqāṣid al-Syarī‘ah

This study describes the concept of fitrah and explains the development of ulama's paradigm of the concept of fitrah within the study of maqāṣid al-syarī’ah. This normative legal research presents the perspectives of the ulamas about this discourse. Content analysis was performed to identify the data based on several characteristics and different periods. The research concluded that fitrah meant the natural nature of creation in the form of inherent potential within human beings since their creation, distinguishing them from other creatures and guiding them towards embracing goodness and Shari'a. Furthermore, it was found that the paradigm regarding the position of fitrah in maqāṣid al-syarī’ah developed alongside the evolution of maqāṣid. The development can be classified into three periods. In the first period, fitrah filled the gaps between the nas in the legal development and it became a supporting argument. In the second period, fitrah was viewed in a broader perspective where it became the basis for the development of maqāṣid al-syarī'ah. In the last period, fitrah was understood as maqāṣid al-syarī'ah as the general purpose of the law or maqāṣid, which underlies almost all of the laws that the implementation is in accordance with sunnatullāh. The In-depth understanding of fitrah in maqāṣid al-syarī’ah directs to determine, choose and implement the law properly based on the human nature

A STUDY OF JUVENILE IMMORAL CRIME IN PALOPO CITY

This research was conducted to discover involvement, factors and efforts solve immoral crimes committed by adolescents. It employed descriptive qualitative methods with sociological, empirical and normative approaches. The results of the study indicated that the involvement of adolescents in such crime was based on a mutual desire to act like adults by having sexual intercourse, coercion to commit immoral violations due to lust, persuasion of friends to commit immoral acts, shortcuts to be united and invitations to commit immoral acts for payment. An internal factor causing adolescents committing immoral crime is hormonal growth which has an impact on increasing sexual arousal. If not shifted to positive activities, it will have a harmful impact including immoral acts. Meanwhile, external factors are lack of family attention, to be recognized among adolescents, influence of information from print, electronic and social media. Efforts to overcome immoral acts include Preventive by providing understanding and attention from the family to adolescents about good and bad deeds, supervising and protecting social environment, Repressive by safeguarding from promiscuity, giving sanctions to educate not to punish and, Rehabilitative by involving adolescents in positive activities in the community, carrying out outstanding activities, giving trust that they can be a part of a community group. It is expected that the results of this research can encourage family, community and government to collaborate and develop well-behaved and outstanding adolescents

Determination of Auspicious Days in Wedding Traditions in Mandar, West Sulawesi: Perspective of Islamic Law

Determination of auspicious days is a discourse that still causes polemics and is often considered to be contrary to Islamic law. This study aims to discuss the determination of auspicious days in the Mandar wedding traditions in the context of Islamic law. This empirical legal study used a multiapproach framework that included the theory of social change and the theory of Islamic law, especially al-'urf (social tradition) and al-maslahah (public interest). Data were collected by means of in-depth interviews and literature reviews of scientific articles, textbooks, and books on Islamic law. The data were then analyzed through data display using the aforementioned theories. The results of the study revealed that determining auspicious days, practiced by the majority of the Mandar people prior to organizing a marriage, has been considered a custom and in accordance with Islamic law. Further, the Qur’an and hadith, as the sources of Islamic law, have also indicated that there are auspicious times and days e.g., Friday, known as sayyid al-ayyām (leader of the days). The determination of auspicious days in marriage has been adjusted to follow social changes, government policies, and Islamic laws, especially ‘urf and maslahah. Such a custom can be categorized as ‘urf shahih (good) and not 'urf fasid(deviating), with the values of public interest being for safety and blessing. The argument of this study is that in the context of Islamic law if the determination of the auspicious day does not deviate from the provisions of Islamic law, it can be accommodated as a legal consideration; yet, if it deviates from Islamic law, guidance is necessary. This is in accordance with the rules of fiqh: “preserving old things that bring benefits, and accommodating new things that are more beneficial.