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Fath, Imam Nur Sidiq Al; Sajali, Munawir; Rohmah, Siti Ngainnur

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Indonesia is a pluralistic country with diverse religions, races, ethnicities, and customs, making freedom of expression an essential right protected by law. Article 28E of the 1945 Constitution guarantees every citizen the right to freely express their beliefs and opinions. From the perspective of fiqh Siyasah Dusturiyah (Islamic constitutional politics), freedom of expression is a right that must be safeguarded by the state as long as it aligns with the principles of deliberation and does not contradict Islamic law. This study aims to examine the freedom of expression of Syaykh Al-Zaytun in light of Siyasah Dusturiyah and Article 28E of the 1945 Constitution. The research uses a normative juridical approach with primary data sources including the Constitution and the book Ilmu Hukum dalam Simpul Siyasah Dusturiyah by Ali Akhbar Abaib Mas Rabbani Lubis, as well as secondary sources such as books, journals, documents, and legal regulations. The findings indicate that Syaykh Al-Zaytun’s freedom of expression is permissible under both perspectives, provided certain conditions are met: it must comply with Islamic law and national law, uphold public interest, cause no harm, and be accompanied by social responsibility. Syaykh Panji Gumilang’s views should be understood as part of public discourse, not hate speech, as they aim to foster nationalism and the common good.  

Nyi Ayu Khofifah; M. Ikhsan Tanggok

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the concept of women's leadership from an Islamic and Catholic perspective and how religious values ​​influence the acceptance and legitimacy of women's leadership in the public sphere. Using a qualitative approach using a desk study method, this study analyzes religious texts, scientific literature, and case studies of the leadership of two Southeast Asian women: Megawati Soekarnoputri in Indonesia and Corazon Aquino in the Philippines. The results show that both Islam and Catholicism have complex histories and interpretations of women's roles in leadership. While conservative and patriarchal readings exist within both traditions, there is also interpretive space that allows women to emerge as leaders. The leadership of Megawati and Aquino demonstrates that women are capable of leading with distinctive styles rooted in values ​​of spirituality, morality, and service. Both demonstrate a non-confrontational yet effective leadership approach, which simultaneously opens up space for reinterpreting women's roles in religion and politics. Thus, women's leadership is not a deviation from religious teachings, but rather part of the socio-religious dynamic that demands inclusivity and equality.

Nur Rasyidah; M. Ikhwan Maulana Haeruddin; Romansyah Sahabuddin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the concept of women's leadership from an Islamic and Catholic perspective and how religious values ​​influence the acceptance and legitimacy of women's leadership in the public sphere. Using a qualitative approach using a desk study method, this study analyzes religious texts, scientific literature, and case studies of the leadership of two Southeast Asian women: Megawati Soekarnoputri in Indonesia and Corazon Aquino in the Philippines. The results show that both Islam and Catholicism have complex histories and interpretations of women's roles in leadership. While conservative and patriarchal readings exist within both traditions, there is also interpretive space that allows women to emerge as leaders. The leadership of Megawati and Aquino demonstrates that women are capable of leading with distinctive styles rooted in values ​​of spirituality, morality, and service. Both demonstrate a non-confrontational yet effective leadership approach, which simultaneously opens up space for reinterpreting women's roles in religion and politics. Thus, women's leadership is not a deviation from religious teachings, but rather part of the socio-religious dynamic that demands inclusivity and equality.

Jimmi Pasla; Muhammad Adnan Azzaki

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Abstract, This research was conducted with the aim of exploring the legal reconstruction efforts based on the Maqasid al-Shari’ah perspective, as reflected in the decision issued by the Supreme Court, in order to provide a legal breakthrough in the distribution of inheritance through the concept of wasiat wajibah (compulsory will) for non-Muslim heirs. The difference in religious affiliation within family law gives rise to serious inheritance issues, as Islamic law strictly prohibits inheritance between people of different religions. In order to maintain national unity and integrity, the Supreme Court issued Decision Number 331 K/AG/2018, which grants the right to a wasiat wajibah to heirs who have converted out of Islam or are non-Muslims. This study is a normative juridical research that employs two legal approaches: the conceptual approach and the analytical approach. The data collection technique used to achieve the research objectives is library-based documentation study. The findings show that all judicial bodies in Indonesia must refer to Article 49, Articles 1 and 2 of the 1989 Law concerning legal provisions on litigation, management, and enforcement of civil litigation in inheritance cases. Furthermore, Qur’an Surah An-Nisa verse 141 and Hadiths from Al-Bukhari and Muslim explain that Islamic identity must be a determining factor for heirs, disregarding wills that are not valid under Islamic law. Based on the results, it can be concluded that a wasiat wajibah for apostate or non-Muslim heirs is treated not as an inheritance, but as a special bequest. According to the Maqasid al-Shari’ah, which serves as the foundation for achieving the objectives of Islamic law through its five core principles of protection, the concept of wasiat wajibah for non-Muslim heirs plays a crucial role in: preserving religion by fostering interfaith tolerance; preserving life by preventing familial conflict; preserving intellect by ensuring access to education for non-Muslim descendants; preserving lineage by recognizing the rights of children as biological heirs through inheritance; and preserving wealth by ensuring the rightful and responsible transfer of ownership of the deceased’s estate.