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Analisis Hukum pada Menerima Upah Mengajar Al-Qur'an Menurut Fiqh Hanafi dan Fiqh Asy-Syafi'i Studi Kasus Kecamatan Medan Deras Kabupaten Batu Bara 根据哈乃斐教法和阿什-沙斐教法对教授古兰经收取工资的法律分析 巴都巴拉县棉兰德拉斯分区案例研究
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-10-01 DOI: 10.58578/ahkam.v2i4.1872
Wardah Ramadina, Syafruddin Syam, Ramadani Ramadani
{"title":"Analisis Hukum pada Menerima Upah Mengajar Al-Qur'an Menurut Fiqh Hanafi dan Fiqh Asy-Syafi'i Studi Kasus Kecamatan Medan Deras Kabupaten Batu Bara","authors":"Wardah Ramadina, Syafruddin Syam, Ramadani Ramadani","doi":"10.58578/ahkam.v2i4.1872","DOIUrl":"https://doi.org/10.58578/ahkam.v2i4.1872","url":null,"abstract":"Wages are a right that must be paid to workers as compensation for the work they have done. Islam provides guidelines that the payment of wages is made upon completion of a job. The aim of this research is to find out what the opinions of Hanafi fiqh and Ash-Shafi'i fiqh are regarding receiving wages for teaching the Koran and to find out which opinion is the most persistent between the opinions of Hanafi fiqh and the opinion of Ash-Shafi'i fiqh. The type of research used is normative sociological research using a descriptive and comparative approach and the raw material sources used in this research are primary and secondary material sources. The results of this research are that between Hanafi fiqh and Ash-Shafi'i fiqh there are differences of opinion regarding receiving wages for teaching the Koran. The Hanafi fiqh opinion does not allow receiving wages for teaching the Koran, while the Ash-Shafi'i fiqh opinion allows receiving wages for teaching the Koran.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135407564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Konsep Kebebasan dalam Novel Pasung Jiwa Karya Okky Madasari : Analisis Filsafat Eksistensialisme Soren Kierkegaard Okky Madasari小说《灵魂的自由概念:对索伦·克尔凯郭尔存在主义哲学的分析
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-09-24 DOI: 10.58578/ahkam.v2i3.1837
Bagus Ardiansyah, Maraimbang Maraimbang, Wahyu Wiji Utomo
{"title":"Konsep Kebebasan dalam Novel Pasung Jiwa Karya Okky Madasari : Analisis Filsafat Eksistensialisme Soren Kierkegaard","authors":"Bagus Ardiansyah, Maraimbang Maraimbang, Wahyu Wiji Utomo","doi":"10.58578/ahkam.v2i3.1837","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1837","url":null,"abstract":"Literature and philosophy are like two sides of a coin that cannot be separated from each other. There is even a reciprocal relationship between literature and philosophy. It can be proven that the birth of a literary work is the author's philosophical reflection on the reality he faces. raises various problems related to mental health and the stigma that still exists in society and the research problem that will be identified in this thesis is the concept of freedom in the novel \"Pasung Jiwa\" by Okky Madasari with an analysis of Soren Kierkegaard's existentialist philosophy. The research objective was set to examine the concept of freedom in literature, Kierkegaard's thoughts about human existence, freedom, personal responsibility, and the meaning of life, as well as the relationship between the concept of freedom in literature and Kierkegaard's thought. The research method used is a qualitative method with textual analysis. By using qualitative methods and textual analysis, this research is expected to provide a comprehensive understanding of the concept of freedom in the novel and its relevance to Soren Kierkegaard's existentialist thought. It is hoped that the results of this research will provide a deeper understanding of the concept of freedom in literature and the contribution of Kierkegaard's thought to the writing and interpretation of literary work.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135925159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Kecerdasan Emosional dalam Perspektif Daniel Goleman (Analisis Buku Emotional Intelligence) 丹尼尔-戈尔曼视角下的情商(情商分析书籍)
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-09-24 DOI: 10.58578/ahkam.v2i3.1838
Fauziah Mahnizar Nasution, Hasnah Nasution, Aprilinda M. Harahap
{"title":"Kecerdasan Emosional dalam Perspektif Daniel Goleman (Analisis Buku Emotional Intelligence)","authors":"Fauziah Mahnizar Nasution, Hasnah Nasution, Aprilinda M. Harahap","doi":"10.58578/ahkam.v2i3.1838","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1838","url":null,"abstract":"Emotional Intelligence is a person’s ability to identify, understand and regulate the emotions of themselves and others. Emotional Intelligence must be trained and studied from an early age in order to obtain emotional intelligence because emotional intelligence does not come suddenly. This emotional Intelligence book offers several theories on how to be successful in emotional intelligence. The methodology used is descriptive qualitative research using primary and secondary data and using content analysis. The aim of this research is to improve emotional intelligence very well and explain what emotional intelligence is according to Daniel Goleman in his book Emotional Intelligence. Having emotional intelligence enables a person to recognize their own feelings and those of others as well as the ability to motivate themselves and the ability to manage emotions well in themselves and in relationships with others.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135926446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Pengaruh Gameplay Mobile Legend: Bang Bang di Kalangan Mahasiswa AFI UIN-SU Medan dalam Tinjauan ‘Simulacra and Simulations’ Jean Baudrhillard) 移动传奇游戏的影响:让-波德希勒(Jean Baudrhillard)的《模拟与仿真》(Bang Bang among AFI UIN-SU Medan Students in Review of Jean Baudrhillard's 'Simulacra and Simulations')
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-09-24 DOI: 10.58578/ahkam.v2i3.1839
Putri Bungsu, Amroeni Drajat, Ryandi Ryandi
{"title":"Pengaruh Gameplay Mobile Legend: Bang Bang di Kalangan Mahasiswa AFI UIN-SU Medan dalam Tinjauan ‘Simulacra and Simulations’ Jean Baudrhillard)","authors":"Putri Bungsu, Amroeni Drajat, Ryandi Ryandi","doi":"10.58578/ahkam.v2i3.1839","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1839","url":null,"abstract":"In a review of Jean Baudrillard's \"Simulacra and Simulations\" the rise of the Mobile Legend Bang Bang game among Afi Uin-Su students. One of the many global games that are currently popular among students is Mobile Legend Bang Bang. Mobile Legend Bang Bang brings new colors to student society. This phenomenon of Mobile Legends game influence has a tendency to harm the young generation in a similar way to other addictive substances. The purpose of this study is to give a broad overview of the various factors that influence students' behavior who are Legend Bang Bang fans and to help them comprehend their significance as members of a \"simulation society\" in the context of Jean Baudrillard's analysis of simulacra and simulation. Field studies, a qualitative research methodology, are used by the author. Students at Afi UINSU are motivated by Mobile Legend Bang Bang because they are 1) curious and 2) stressed out after class and require fun, 3) monitor trends that are currently prevalent in the area, and 4) rate the game's difficulty accordingly. In the meantime, it appears that the case of the influence of the Mobile Legend Bang Bang games that is currently happening to student Afi Uin-Su is the outcome of technology advancements, as per the \"Simulacra and Simulation\" idea. Mobile Legend Bang Bang was made and developed to be engaging, so it has the potential to put Afi Uin-Su pupils to sleep and make them feel at home after playing it for a while.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135925383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Pesan Dakwah tentang Motivasi Sedekah dalam Youtube Jusuf Hamka 在Youtube优素福哈姆卡上发表了一篇关于慈善动机的布道
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-09-17 DOI: 10.58578/ahkam.v2i3.1814
Nurul Husna, H. Abdullah, Muktarruddin Muktarruddin
{"title":"Pesan Dakwah tentang Motivasi Sedekah dalam Youtube Jusuf Hamka","authors":"Nurul Husna, H. Abdullah, Muktarruddin Muktarruddin","doi":"10.58578/ahkam.v2i3.1814","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1814","url":null,"abstract":"The aim of this research is to find out the da'wah messages on Jusuf Hamka's YouTube and how to motivate alms. This research uses a qualitative descriptive method which not only collects and compiles data but further analyzes and interprets or interprets the data. The results of the research show that the preaching message about the motivation for alms in Jusuf Hamka's YouTube is that as servants of Allah, never feel that you will become poor because you help other people, no matter how much wealth we spend in the way of Allah, we are sure that Allah will multiply it. The power of sadaqah will save human life, whenever and wherever you are able to continue giving charity in the path of Allah's religion. As humans, we must continue to be grateful for the blessings of Allah SWT, because if it were not from Allah, humans would be nothing, and one way to be grateful is by giving charity to those who need it more. As a human being, make your life useful for others, convince yourself to be successful in this world and the afterlife by increasing your charity. The alms motivation technique conveyed by Jusuf Hamka is through taxpayers, the obligation to pay taxes is like giving alms in Islamic teachings. The principle of taxation and alms is almost the same, namely setting aside a portion of assets to be given to people who are entitled to receive it. Selling Yellow Rice in this case opens a business aimed at helping other people. According to Jusuf Hamka, the motivation for Muslims to be successful and diligent in giving alms is that they must be rich but not rich through corruption, that is, they must be rich from the results of hard work.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135259072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sikap Non Muslim terhadap Adzan di Kampung Sawah Kecamatan Besting Kabupaten Langkat 兰卡县 Besting 区 Kampung Sawah 的非穆斯林对 "阿丹 "的态度
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-09-17 DOI: 10.58578/ahkam.v2i3.1813
Muhammad Prayoga, Zulkarnaen Zulkarnaen, Munandar Munandar
{"title":"Sikap Non Muslim terhadap Adzan di Kampung Sawah Kecamatan Besting Kabupaten Langkat","authors":"Muhammad Prayoga, Zulkarnaen Zulkarnaen, Munandar Munandar","doi":"10.58578/ahkam.v2i3.1813","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1813","url":null,"abstract":"In general, this research aims to find out: how the Muslim community perceives the sound of the call to prayer in Sawah village, Besitang sub-district, Langkat district and to find out how the Christian community perceives the sound of the call to prayer in Sawah village, Besitang sub-district, Langkat district. This type of research is descriptive qualitative research, namely the data collected is in the form of words, images, not numbers. In this case the researcher classifies sources into two categories, namely primary sources and secondary sources and the researcher collects data by means of observation, interviews and documentation. The results of this research show that the Islamic community views the Adhan as a notification that the time for prayer has arrived with the lafadz that has been determined by the syara of the adhan lafadz, namely Hayya alash shalah which means let's go to prayer and Hayya alal falah which means let's go to victory or happiness, from the adhan lafadz It is clear that the call to prayer is included in da'wah, namely inviting all mankind to pray so that life can be happy in this world and the hereafter. The Christian community views the sound of the call to prayer. Meanwhile, the view of the Christian community is that initially, they admit that the call to prayer can interfere with some of their activities such as working or interacting with friends outside the home. However, as time passes, this individual experiences a transformation in mindset and reaches a deep understanding of the cultural and religious values associated with the call to prayer, as well as accepting its importance for his community.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135257749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Strategi Komunikasi Dinas Sosial Kota Medan dalam Upaya Pemberdayaan Ekonomi Masyarakat 棉兰城市社会服务通信战略,为公共经济赋权
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-09-17 DOI: 10.58578/ahkam.v2i3.1812
Ananda Rizky Aulia, Ahmad Tamrinsikumbang, Muktarruddin Muktarruddin
{"title":"Strategi Komunikasi Dinas Sosial Kota Medan dalam Upaya Pemberdayaan Ekonomi Masyarakat","authors":"Ananda Rizky Aulia, Ahmad Tamrinsikumbang, Muktarruddin Muktarruddin","doi":"10.58578/ahkam.v2i3.1812","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1812","url":null,"abstract":"The aim of this research is to determine the communication strategy of the Medan City Social Service in empowering the community's economy. This research used a qualitative approach with descriptive methods, the informants for this research were 6 people who were determined purposively. The data collection techniques used were observation, interviews and documentation. The results of the first research regarding the economic conditions of the people in Medan City are that the Medan City Social Service in 2022 will experience growth of 4.71 percent. From the production side, the three categories of business fields that gave the highest growth were the transportation and warehousing business fields which experienced the highest growth of 11.67 percent. And in terms of expenditure, three components with capital formation such as household consumption expenditure amounted to 4.78 percent. The second is related to the communication strategy of the Medan city social service in an effort to empower the community's economy. by providing skills training for poor families to 100 people with funding allocated from the Medan city APBD. Providing KUBE assistance every year to organizations or MSMEs means providing assistance to the community and monitoring the development of businesses that have been assisted. Through communication carried out by the Social Service, changes and progress have occurred in the economic empowerment of the people of Medan City. This communication strategy plays an important role in ensuring that the businesses that have been assisted run well and develop. The strategic steps for the Medan city social service that must be implemented include program planning, implementing the preparation of policy materials, organizing the handling of the family hope program, preparing guidance for social potential and social welfare which operates in the field of social welfare, implementing the preparation of policy materials for standard operating procedures.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135259075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Upaya Tokoh Masyarakat melalui Majelis Ta’lim dalam Meningkatkan Minat Orang Tua Menyekolahkan Anak di Kelompok Bermain Az-Zakiyah Kabupaten Bandung 社区人士通过“塔林区议会”努力提高家长的兴趣,让孩子们在万隆区玩耍
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-09-15 DOI: 10.58578/ahkam.v2i3.1807
Evi Octrianty, Kingking Muttaqien, Lia Marwati
{"title":"Upaya Tokoh Masyarakat melalui Majelis Ta’lim dalam Meningkatkan Minat Orang Tua Menyekolahkan Anak di Kelompok Bermain Az-Zakiyah Kabupaten Bandung","authors":"Evi Octrianty, Kingking Muttaqien, Lia Marwati","doi":"10.58578/ahkam.v2i3.1807","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1807","url":null,"abstract":"This research is focused on the efforts that have been made by community figure through the ta'lim assembly in increasing parents interest in sending their children to the Az-Zakiyah Playgroup. The method used in this study is a qualitative descriptive method by collecting interview and observation data. The results of this study are to discuss: (1) the efforts made by community figure for parents to send their children to Az-Zakiyah Playgroup; (2) description of parents interest in Az-Zakiyah Playgroup; (3) parents perspective on Playgroups; (4) the obstacles experienced by community figure and schools in increasing parents interest in Az-Zakiyah Playgroup; and (5) how to overcome the obstacles experienced by community figure and institutions in increasing parents interest in sending them to Az-Zakiyah Playgroup.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135435721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Pertanggungjawaban Pidana terhadap Anak Ditinjau dari Hukum Pidana Islam dan Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak 《伊斯兰刑法》和2012年《儿童刑事司法系统法》对儿童的刑事责任
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-08-29 DOI: 10.58578/ahkam.v2i3.1744
Alifia Desya Nabilla, Noor Azizah, Ramadani Ramadani
{"title":"Pertanggungjawaban Pidana terhadap Anak Ditinjau dari Hukum Pidana Islam dan Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak","authors":"Alifia Desya Nabilla, Noor Azizah, Ramadani Ramadani","doi":"10.58578/ahkam.v2i3.1744","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1744","url":null,"abstract":"A child who commits a crime is a child with problems, who lives in an unhealthy family or social environment. Then comes the behavior of children who are not in accordance with the norms in society. As a result, the child must be held accountable for his actions. However, the ability of children to be responsible for their actions varies according to the ability to think according to the time they go through. The purpose of this study is to determine criminal responsibility for children in terms of Islamic criminal law and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System and to find out the differences and similarities and which laws are relevant between the two laws. The type of research used is normative juridical law research, using a descriptive and comparative approach and the sources of legal materials used in this research are primary and secondary sources of legal materials. The results of this study show that between Islamic criminal law and Law Number 11 of 2012 concerning the juvenile justice system, there are differences and similarities in terms of criminal responsibility for children, where the differences are in the legal basis, the age limit for children to sanctions and similarities in both laws. both of them put forward the best interests of the child through diversion in the form of a restorative justice approach, both determine the factors of reason and will as the main conditions for being responsible and equally provide teaching and direction to children who commit crimes.","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75206140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Perkosaan Ayah pada Anak Kandung yang Masih di Bawah Umur dalam Perspektif Hukum Pidana Islam dan Hukum Pidana 从伊斯兰刑法和刑法来看,从未成年孩子的父亲强奸
Ahkam Jurnal Ilmu Syariah Pub Date : 2023-08-29 DOI: 10.58578/ahkam.v2i3.1745
Monica Anamaloka Bakara, Rajin Sitepu, Mar’ie Mahfudz Harahap
{"title":"Perkosaan Ayah pada Anak Kandung yang Masih di Bawah Umur dalam Perspektif Hukum Pidana Islam dan Hukum Pidana","authors":"Monica Anamaloka Bakara, Rajin Sitepu, Mar’ie Mahfudz Harahap","doi":"10.58578/ahkam.v2i3.1745","DOIUrl":"https://doi.org/10.58578/ahkam.v2i3.1745","url":null,"abstract":"The main problem in this thesis is how the provisions regarding the rape of a father on a biological child who is still underage in the view of Islamic criminal law and criminal law. Rape is a form of violence by coercion in subtle or gross forms, and has a negative impact on the future of the victim, especially since the victim is still a child (underage) both socially and psychologically. This thesis aims to explain the provisions of the views of Islamic law and criminal law regarding rape of minors committed by their own biological father. This research uses a qualitative method that is descriptive analytical, with a normative juridical approach. With the research object of legislation relating to legal theories. The data collection technique used in this research is library research and this method is used to complete the data needed in writing this thesis, namely by looking at laws and books related to the subject matter to be examined. The results of this study indicate that the sanctions against the perpetrators of the crime of father rape on their biological children who are still underage and in terms of Islamic criminal law, the first opinion is that the perpetrators are sentenced to stoning, the second opinion is to give punishment to the perpetrators of ta'zir punishment, the result and type of punishment are left to ruler's decision. In terms of criminal law, the defendant is given a maximum prison sentence of 15 years and a maximum fine of five billion rupiah which is contained in article 81 of Law Number 35 of 2014 concerning Child Protection, the criminal provisions in the Elimination of Domestic Violence (PKDRT) are contained in article 47 with a minimum imprisonment of 4 years and a maximum of 15 years or a minimum fine of twelve million and a maximum fine of three hundred million rupiah. And in the application of sentencing/court decisions, namely the judge's decision itself, there is no consistency in imposing criminal sentences, namely including articles contained in the Law on the Elimination of Domestic Violence (PKDRT).","PeriodicalId":32685,"journal":{"name":"Ahkam Jurnal Ilmu Syariah","volume":"99 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75976483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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