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TONGKRONGAN MUDA MUDI DI SEKITAR MASJID SYUHADA KOTABARU PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF
The phenomenon of young people hanging out in public spaces is part of the social dynamics of urban communities. In the area surrounding the Syuhada Mosque in Kotabaru, Yogyakarta, nighttime gatherings have sparked debate among mosque administrators, local residents, and the young people who gather there. This research is of interest because it involves an intersection between public and sacred spaces. A mosque functions not only as a place of worship but also holds symbolic and religious significance that must be preserved. When social activities such as gatherings occur in its vicinity, a tension arises between the freedom of expression in public spaces and the obligation to maintain the sanctity of a place of worship. This study aims to understand the perspectives of the parties involved regarding the phenomenon of nighttime gatherings around the Syuhada Mosque and to analyze their legal status from the perspectives of Islamic law and positive law. This study is a field study employing a normative-empirical approach. Primary data were collected through observation, interviews with mosque administrators, local residents, and young people hanging out in the area, as well as through documentation. The data were analyzed using qualitative descriptive methods, drawing on the theory of Sadd al-Dzari’ah in Islamic law and the Harm Principle in positive law. The research findings indicate that mosque administrators view nighttime hangouts as potentially diminishing the sanctity of the mosque because they cause disturbances, litter, and behavior that is inconsistent with proper etiquette around places of worship. Local residents emphasize the inconvenience of carrying out activities near these hangout areas, while young people view these areas as strategic and accessible public spaces for socializing. From an Islamic legal perspective, hanging out is essentially permissible (mubah), but may be restricted if it causes harm based on the principle of Sadd al-Dzari’ah. Meanwhile, under positive law, hanging out is permissible as long as it does not disrupt public order in accordance with the harm principle. Therefore, a more appropriate solution lies in a balanced regulation that considers social, economic, and the sacred nature of the mosque’s surroundings.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TONGKRONGAN MUDA MUDI DI SEKITAR MASJID SYUHADA KOTABARU PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Text)
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