This study aims to analyze the correlation between the death penalty for murder, narcotics, and corruption (a legal approach to jinayah, qishash, hudud, and ta'zir), and aims to look more deeply into the implementation of punishments that use a legal basis or arguments that are general in nature and specific argument. This research uses descriptive qualitative. Data were collected through interviews, observation, and documentation. This study uses data analysis techniques, which consist of stages of data collection, data reduction, data presentation, and drawing conclusions. The results of the study show that legal settlements from the Juridical-Empirical study include makers, dealers, sellers and buyers as well as users, as well as victims of the same status before the law, because they both violate the law, they must be sentenced to death, in the context of crimes against the loss of human life. , in this case the similarity of the punishment of Qishash with the Criminal Code is the same, as in the case of intentional murder that is not condoned by the victim's family. Therefore, the death penalty of Qishash only applies if the intentional killing that is not condoned by the victim's family, as well as corruption of humanitarian funds can be punished by death

Ibn Qayyim invites and calls on Muslims to ijtihad and leave taklid, Ibn Qayyim al-Jauziyah is a scholar who is very persistent in fighting blind taklid and calling for freedom of thought, but still clinging to the main points of Islamic teachings and the creed of the Salaf. In Ibn Qayyim's view, ijtihad must develop in accordance with the development of situations and conditions in various places and times. Therefore he put forward a rule: Fi taghayyir al-fatawa wa ikhtilafiha bi hasbi taghayyir al-azminah wa al-amkinah wa al-ahwal wa al-niyat wa al-'awa'id. According to him, an important factor in formulating legal provisions or legal stipulations must be related to five things, namely al-azminah (the situation of the times), al-amkinah (the situation of the place), al-ahwal (the circumstances), al-niyat (the cause of desires), and al-awa'id (customs). All of this affects the development of law, so that Islamic law can truly be lived as a law that is rahmatan lil 'alamin, able to answer the challenges of changing social dynamics of society. Thus Islamic law remains suitable for all times and places.

Islamic law only became an authoritative source (a legal source that has legal force) in constitutional law when the Jakarta Charter was placed in the Republic of Indonesia's Presidential Decree dated 5 July 159 as can be seen in the preamble to the Decree as follows: "That we believe that the Jakarta Charter is dated 22 June 1945 animates the 1945 Constitution and constitutes a series of units in the Constitution.” The word "animating" negatively means that it is not permissible to make laws in the Indonesian state that are contrary to Islamic law for its adherents. Even though Islamic law has failed to be obtained by Islamic parties, the opportunity to make laws based on or inspired by Islamic law through the mechanism of representative democracy in Indonesia is still wide open. Challenges faced by Islamic law The toughest challenge at this time does not lie in the constitutional logic of accommodating Islamic law in national law, but in the dialectics between secular currents of Western thought and expressions of the diversity of Muslims which sometimes creates phobias.

This study aims to describe maqashid al-Syariah in terms of the philosophical aspects of maqashid al-Syariah, the relevance of maqashid al-Syariah with contemporary ijtihad. This research uses descriptive qualitative. Data were collected through interviews, observation, and documentation. This study uses data analysis techniques, which consist of stages of data collection, data reduction, data presentation, and drawing conclusions. The results of the research on the relevance of maqashid al-Shariah with contemporary ijtihad show the philosophy of maqashid al-Syariah. Contemporary ijtihad also tries to see significant changes in Islamic law from time to time, namely changes from the family aspect, women's aspect, and worship aspect. In an effort to develop Islamic legal thought, especially in providing understanding and clarity on various contemporary legal issues, mujtahids need to know the purpose of Islamic law. In addition, the purpose of the law needs to be known in order to identify whether a legal provision can still be applied to a particular case or because of changes in social structure, the law can no longer be maintained. Thus, knowledge of Maqāṣid al-Shari'ah is the key to the success of the mujtahid in his ijtihad.