Constitutionalization of religion in review of maqâsyid sharia: Regulation study of shariasm in the city of Langsa - Aceh

Harahap, Ikhwanuddin and Nasution, Adelina (2023) Constitutionalization of religion in review of maqâsyid sharia: Regulation study of shariasm in the city of Langsa - Aceh. Miqot: Jurnal Ilmu-ilmu Keislaman, 47 (1). ISSN 2502-3616

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Abstract

This article aims to analyze two regulations Langsa City Qanun Number 3 of 2016 concerning the implementation of entertainment in Langsa City and Langsa Mayor's Regulation Number 40 of 2020 concerning Guidelines for Granting Permits to Organize Entertainment in Langsa City based on a sharia maqashid review. Two regulations that regulate technical issues regarding the rules of entertainment venues are based on the doctrine of religious metaphysics. Although it is highly appreciated by many parties, some have questioned the regulation because it is considered to severely limit their business activities. Thus, the regulation of shariatism needs to be evaluated through maqâshid sharia. The study of the two regulations uses Paul Ricoeur's hermeneutics with the technique of constitutional distinction, appropriation into social contexts, and interpretation in the perspective of maqâshid sharia by al-Syatibi. The research findings show that there are still many points of existing regulations that are not in accordance with several dimensions of maqâshid sharia. The infiltration of sacred religion into a technical system that is profane and its interpretation by certain groups is not in accordance with maqâshid sharia in the dimension of religious benefit. The regulation of Shari'a causes religion to regulate private spheres such as religion and the way of dress, contrary to the dimension of maintaining common sense. Shari'a-based regulations make the business licensing process more complicated, not in accordance with the dimensions of protecting property.

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