TY  - THES
N1  - Prof. Dr. H. Agus Moh. Najib, S.Ag., M.Ag dan Prof. Dr. Ali Sodiqin, S.Ag., M.Ag
ID  - digilib71404
UR  - https://digilib.uin-suka.ac.id/id/eprint/71404/
A1  - Isroji, SHI., M.Hum, NIM.: 19303012006
Y1  - 2025/04/29/
N2  - The existence of local regulations with Shari'ah nuances in
Indonesia, including in Indramayu Regency and Tasikmalaya City,
has generated controversy in the community. The pro group states
that local regulations with Shari?ah nuances can assist the
government in fostering religious life and implementing the mandate
of the first principle of Pancasila and the 1945 Constitution. This
kind of thinking is not in line with the cons, where the application of
local regulations on Shari?ah or local regulations with Shari?ah
nuances is a form of violation of statutory provisions because it is
not in accordance with the ideology of Pancasila, the 1945
Constitution, and the Unitary State Form. In addition, Shari?ah local
regulations will lead to discriminatory attitudes and national
disintegration. Based on this background, there is a problem. How is
the legislative process of local regulations with sharia nuances in
Tasikmalaya City and Indramayu Regency from the perspective of
local legal politics? What are the factors that influence the issuance
of local regulations with sharia nuances? How is the application of
local regulations with sharia nuances from the perspective of
Maq??id Asy-Syar??ah?
This research is a field study based on local regulations with
sharia nuances in Tasikmalaya City and Indramayu Regency, West
Java, using qualitative methods and taking several local regulations
with sharia nuances, using a statute approach, and a legal
sociological approach. The local regulations with sharia nuances are
analyzed with the theory of regional legal politics and the Maq??id
Asy-Syar??ah theory.
The research results are: First, juridically normative, the legislative
process of Sharia Nuanced Local Regulations in Tasikmalaya City
and Indramayu Regency has gone through stages that can be
considered not contrary to the prevailing laws and regulations.
Second, the factors that influence the issuance of local regulations
with sharia nuances are: a). the factor of the majority Muslim
community (traditional) and its strong desire to preserve Islamic
values in social life; b). the socio-political factor of Islam, which is strongly influenced by the dynamics of religious community
organizations; and c). the factor of the times and modernization
causing social change. Thirdly, there are some local regulations with
Sharia nuances that are in accordance with Maq??id Asy-Syar??ah
and some that are not. Sharia local regulations must provide
harmony, justice, and benefit. The novelty found by the author is the
concept of harmonization of sharia and law in the formation of
regional policies, which means that the formalization of Islamic
sharia in the formation of regional policies as political products must
harmonize aspects of sharia and legal aspects in order to bring justice
and benefit all humans (li mashalih al-ibad). This concept is in line
with Kuntowijoyo's theory of objectification, which says that
laws (regional policies) must be more grounded in responding to
and solving concrete and real problems that exist in society.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - shari?ah nuanced regional regulation; legal politics; Maqa?id Asy-Syari?ah
M1  - doctoral
TI  - DINAMIKA PERDA BERNUANSA SYARI?AH PERSPEKTIF POLITIK HUKUM DAN MAQASID ASY-SYARI?AH
AV  - restricted
EP  - 279
ER  -