A Comparative Analysis Between Positive Law And Islamic Fiqh On The Phenomenon Of Money Politics In Elections Public In Aceh Singkil Regency

Sayuti, 241009011 (2026) A Comparative Analysis Between Positive Law And Islamic Fiqh On The Phenomenon Of Money Politics In Elections Public In Aceh Singkil Regency. Al Qodiri: Jurnal Pendidikan, Sosial dan Keagamaan, 24 (2): 12. pp. 596-607. ISSN 2598-8735

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Abstract

Money politics in the general election in Aceh Singkil Regency is a serious problem that erodes the integrity of democracy and creates a paradox between the Islamic religious norms adhered to by the majority of the community and the reality of transactional political behavior. This study aims to comparatively analyze how positive law and Islamic jurisprudence view, regulate, and act on the phenomenon of money politics, while also formulating a model for integrating the two legal systems in eradicating electoral corruption practices in regions that have the privilege of implementing Islamic law. The type of research used is a literature study with a comparative qualitative approach, where data is collected through documentary studies of classical and contemporary fiqh books, election laws and regulations, scientific books, international and national journal articles, and research reports. The results of the study revealed that money politics in positive law is defined narrowly and limited to the material-formal aspects during the campaign period with a rigid and procedural system of proof, while Islamic jurisprudence through the concept of risywah interprets it more broadly and transcendentally, covering all forms of giving aimed at influencing election results without time limits, supported by a multidimensional sanction mechanism that includes worldly, social, and hereafter aspects, as well as a more adaptive system of proof through the use of qarīnah and the conviction of judges. This comparison shows that both legal systems have their respective weaknesses and advantages that complement each other, so that the integration of Islamic jurisprudence values into positive law is a necessity to create an effective money politics eradication regime. Mosque- and dayah-based political education, and the implementation of reusam gampong as a community-based social control mechanism. Implementation of this model is expected to break the chain of money politics in Aceh Singkil through a synergy between firm state sanctions and the moral strength of religion.

Item Type: Article
Subjects: 200 Religion (Agama) > 2X0 Islam > 2X6 Sosial dan Budaya > 2X6.2 Politik
Divisions: Program Pascasarjana > S2 Ilmu Agama Islam
Depositing User: Sayuti Sayuti
Date Deposited: 31 Aug 2026 08:57
Last Modified: 31 Aug 2026 11:01
URI: https://repository.ar-raniry.ac.id/id/eprint/59951

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