Syura: Journal of Law

The Status of the Noble Prophetic Hadith in Islamic Law

Kawther Ahmed Oglah — Thu, 17 Jul 2025 00:00:00 +0000

The Noble Prophetic Hadith holds a pivotal role as a primary source in Islamic legal theory, complementing the Qur’an in shaping jurisprudence and ethical frameworks for Muslim societies. Despite its foundational position, contemporary legal discourse faces challenges regarding authenticity, contextual interpretation, and its adaptability to modern legal issues. These concerns necessitate a comprehensive reassessment of the Hadith’s status and application in Islamic law. The primary objective of this study is to analyze the multifaceted functions of Hadith within the Sharia framework, focusing on its role in interpreting the Qur’an, formulating legal maxims, and guiding judicial reasoning across diverse Islamic schools of thought. Employing a qualitative method grounded in library research, the study conducts an analytical review of classical juristic methodologies alongside modern scholarly perspectives. Primary and secondary sources, including Hadith compilations, works of usul al-fiqh, and contemporary legal literature, are critically examined to trace historical developments and current debates. The findings reveal that the Hadith has maintained its dynamic relevance by continuously informing legal reasoning and ethical principles despite modern challenges of contextualization and reinterpretation. While authenticity remains a central concern, evolving methodologies in Hadith criticism and legal theory have strengthened its authority in addressing contemporary issues. This study contributes to the discourse by reaffirming the enduring significance of the Prophetic tradition as an indispensable pillar of Islamic jurisprudence. It underscores the necessity of integrative approaches that harmonize classical principles with present-day realities, ensuring the continued vitality of Hadith in shaping legal and moral norms.

The Personal Status Law (PSL) and Patriarchy in Saudi Arabia: A Critical Examination

Mas'odi, Anees El Zer — Mon, 21 Jul 2025 00:00:00 +0000

In 2022, Saudi Arabia introduced the Personal Status Law (PSL) as part of its Vision 2030 reforms, promoting it as a milestone for women’s rights, particularly in marriage, divorce, and custody. However, critical analysis suggests that the PSL maintains deeply entrenched patriarchal norms legitimized through conservative interpretations of Islamic jurisprudence. Despite claims of progress, the law’s ambiguous language and retention of male guardianship structures raise concerns about its substantive impact on gender equality. This study aims to critically examine the PSL not merely as a legal document but as a political and cultural instrument reinforcing hierarchical gender relations. Employing a qualitative approach grounded in feminist legal theory and socio-legal analysis, this research applies documentary analysis to the PSL text, ministerial decrees, human rights reports, and academic literature. Thematic content analysis is used to uncover discursive patterns that normalize gender bias. Findings reveal that the PSL functions as a strategic, symbolic reform rather than a transformative legal change. While it introduces limited rights—such as minimum marriage age and partial custody protections—it perpetuates male authority through legal ambiguity and judicial discretion. This study contributes to scholarly discourse by situating the PSL within broader frameworks of authoritarian governance and cultural patriarchy. It highlights the limits of legal empowerment when reforms are disconnected from societal transformation and grassroots engagement, offering insights into how state-led modernization can simultaneously promote and constrain women’s rights.

The Value of Kiai's Wisdom in Reducing Cases of Violence in Islamic Boarding Schools

Iin Supriyanti, Indah Fatmawati — Sat, 25 Oct 2025 00:00:00 +0000

aw Number 35 of 2014 concerning Child Protection emphasizes that the state, society, and family share responsibility for ensuring children’s protection, including within Islamic boarding schools (pesantren). However, instances of violence against students—many of whom are still children—highlight the need for approaches grounded in moral and spiritual values. This study aims to explore how kiai wisdom values contribute to reducing violence against children in pesantren, analyzed through the perspective of Law Number 35 of 2014. Employing a qualitative field research method, primary data were collected from kiai at Pondok Pesantren Tahfidzul Qur’an Rodliyatan Mardiyah, Ngoro District, Jombang, while secondary data involved santri, ustadz/ustadzah, murobbi, and walisantri. The data were analyzed deductively using the theory of kiai wisdom values and child protection law. The findings show that moral education based on kiai wisdom—such as prohibiting harsh speech, promoting gentleness, and emphasizing ethical behavior—effectively reduces both verbal and physical violence among students. These practices align with the Child Protection Law, ensuring children’s right to safety within educational environments. The study contributes to understanding how traditional Islamic educational values can synergize with national legal frameworks to foster child protection and character development in pesantren.

Impeachment Mechanisms in Indonesia: Safeguarding Democracy through Presidential and Vice-Presidential Removal

Mursyidi, Syafiudin Kholiq Zaini — Sat, 25 Oct 2025 00:00:00 +0000

emocracy represents the embodiment of Indonesia’s state system, which upholds popular sovereignty and guarantees the rights of its citizens, including the freedom of association and assembly. These rights are enshrined in the 1945 Constitution of the Republic of Indonesia (UUD 1945), which serves as the foundation for the protection of human rights. The freedom to associate and assemble also serves as an essential means for citizens to determine the direction of national leadership, including the election of the President of the Republic of Indonesia. Within the constitutional system, the President holds a central role as both head of state and head of government. However, after the amendment of the 1945 Constitution, significant changes occurred in the President’s position and accountability mechanism. The President is no longer responsible to the People’s Consultative Assembly (MPR) and cannot be dismissed merely on political grounds or through a vote of no confidence. This study aims to analyze the shift in the President’s position after the constitutional amendments, particularly regarding the impeachment mechanism as stipulated in Articles 7A and 7B of the 1945 Constitution. The research employs a normative legal method with a statute approach and conceptual analysis of legal documents and scholarly literature. The findings reveal that the impeachment mechanism reflects the principle of checks and balances within a modern presidential system. This study contributes to a deeper understanding of constitutional protection, governmental stability, and the rule of law in Indonesia’s democratic practice.