AlIstinbath Jurnal Hukum Islam最新文献

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Siyasah Syar’iyah Paradigm of Hajj Financial Management Regulation in Indonesia Siyasah Syar 'iyah印尼朝觐金融管理监管范式
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.5310
M. Zakiruddin, K. Kamsi, Ahmad Bahiej
{"title":"Siyasah Syar’iyah Paradigm of Hajj Financial Management Regulation in Indonesia","authors":"M. Zakiruddin, K. Kamsi, Ahmad Bahiej","doi":"10.29240/jhi.v7i2.5310","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.5310","url":null,"abstract":"The purpose of this study is to describe the policies taken by the government in the financial management of Hajj in Indonesia through the siyasah syar'iyah paradigm. The questions that arise in this study are regarding the role of the state in the management of Hajj finances and how the policies of Hajj financial management in Indonesia are in the perspective of siyasah syar'iyah. This research is a library research, with a normative legal research method that uses the siyasah syar'iyah approach. After conducting in-depth research, it was concluded that the government in this case through the BPKH seeks to carry out its role in the field of the 'ala al-hajj and Maliyah areas by building the management and investment of hajj funds that are in line with the siyasah syar'iyah, so that the policies that have been implemented by the government in managing the hajj funds include: the initial deposits, the efforts to maintain the value of BPIH, as well as the placements in Islamic banks. It is an effort to achieve Maqasid Syariah, namely the values of benefit that are specifically for the Hajj pilgrims and the community in general which are the government's goal in this policy.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78608270","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
Moderation of Homosexual Fiqh in Indonesia: A Study of The Huzaemah Tahido Yanggo’s thought 印尼对同性恋信仰的节制:对Huzaemah Tahido Yanggo思想的研究
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.5462
A. Ariyadi, Gusti Muzainah, Alfiandri Setiawan, A. Islamy, A. Susilo
{"title":"Moderation of Homosexual Fiqh in Indonesia: A Study of The Huzaemah Tahido Yanggo’s thought","authors":"A. Ariyadi, Gusti Muzainah, Alfiandri Setiawan, A. Islamy, A. Susilo","doi":"10.29240/jhi.v7i2.5462","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.5462","url":null,"abstract":"This study aims to identify the moderation of Huzaemah Tahido Yanggo's fiqh of the law of purity over homosexual acts. This is a qualitative research in the form of heirloom studies which uses a normative-philosophical approach. The paradigm of moderate fiqh conceptualized by M. Quraish Shihab becomes the theory of analysis. The results show that there is a paradigm basis for moderate fiqh in the construction of Huzaemah's fiqh on the law of purity over homosexual acts. This great conclusion can be seen from the following various aspects. The first aspect is the dimensions of the paradigm of fiqh al-maqashid and fiqh al-awlawiyat in the use of theological foundations that emphasize the realization of the benefit orientation of Islamic sharia, namely the regeneration of offspring (hifz al-nasl) and the protection of honor (hifz al-'ird). The second aspect is the paradigm pattern of fiqh al-muwazanat, and fiqh al-ma'alat in the basis of consideration of the impact of disease from a medical perspective, and violations of national legal norms in Indonesia. The pattern of the fiqh al-ma'alat paradigm can also be seen from Huzaemah's advice to the community and the government to realize preventive efforts, healing as well as rehabilitation and empowerment of homosexual actors to positive things. The theoretical implications of this study show that a holistic fiqh paradigm is needed in prohibiting homosexual acts, namely by involving multiple perspectives, such as medical, state norms, psychology and socio-cultural norms.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72671572","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: 1
The North Sumatra MUI’s Fatwas on Zakat: Analysis of Fatwa Methods and the Influence of School Thought 北苏门答腊穆伊对天课的教法:教法方法及学派思想的影响分析
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.4552
H. Firmansyah, P. Pagar, Muhammad Amar Adly
{"title":"The North Sumatra MUI’s Fatwas on Zakat: Analysis of Fatwa Methods and the Influence of School Thought","authors":"H. Firmansyah, P. Pagar, Muhammad Amar Adly","doi":"10.29240/jhi.v7i2.4552","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.4552","url":null,"abstract":"This paper examines the methodology of the North Sumatran MUI fatwas, especially those are relating to the influence of schools on the North Sumatran MUI fatwas related to the issue of zakat from 2000-2010. There are 3 samples of fatwas used in this study, namely: first, the fatwa on the law of issuing zakat fitrah with money (qimah) and the amount, second, on the law of paying zakat not to amil and third, the fatwa about zakat on agriculture and plantations. The method used is content analysis. In the study, it was found that from a methodological, the North Sumatra MUI in finding the fatwa law used three theories, namely bayani, ta'lili and istislahi. On the issue of the influence of schools of thought, in the fatwa of the North Sumatran MUI, it was found that the fatwa of the North Sumatran MUI was influenced by various schools of thought and not dominated by a particular school. In this study influenced by the Hanafi, Shafi'i and Hanbali schools. Although the North Sumatran MUI considers the importance of school thought to be taken into consideration, it does not mean that the North Sumatran MUI does not dare to leave the school of thought and issue new laws that come out of the school of thought by using various methods which in this study use the talfiq method","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76792454","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
Fatwa Lajnah Bahtsul Masail NU Concerning Istibdâl Wakaf and Their Relevance with Renewal of Islamic Law 法特瓦Lajnah Bahtsul Masail NU关于istibdal Wakaf及其与伊斯兰法更新的相关性
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.3707
N. Nurjanah, Rahmatsyah Rahmatsyah, Ali Mutakin
{"title":"Fatwa Lajnah Bahtsul Masail NU Concerning Istibdâl Wakaf and Their Relevance with Renewal of Islamic Law","authors":"N. Nurjanah, Rahmatsyah Rahmatsyah, Ali Mutakin","doi":"10.29240/jhi.v7i2.3707","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.3707","url":null,"abstract":"This article aims to describe the views and arguments of NU scholars in responding to the concept of istibdâl waqf through the fatwas issued by Lajnah Bahtsul Masail (LBM-NU), and their relevance to Islamic law reform. The concept of istibdâl is basically one way that can be used by policy makers in managing waqf land so that it remains productive. However, the concept of istibdâl has not been fully accepted by scholars. In general, the responses of scholars regarding the concept of istibdâl can be grouped into two. The first group strictly prohibits istibdâl, and the second group allows istibdâl but with strict conditions. The difference is more due to the tendency of the principle that is the weight, namely the principle of eternity ( ta’bid al-ashl ) and the principle of expediency ( tasbîl al-manfa’ah ). This research is a normative legal research because it examines the legal provisions, arguments and arguments used. The approach used is a conceptual approach. Primary data sources are fatwa texts issued by NU scholars, while secondary data sources are scientific books, articles, journals, laws related to this research. This study shows that NU scholars allow the practice of istibdâl with agreed terms, namely the existence of disadvantages contained in the waqf object so that the waqf property is in an emergency condition that must be saved. The argument is that the concept of benefit is the spirit of maqâshid syari’ah (the purpose of syari’a), where the value of benefit in istibdâl practice is far greater than its harm. The concept of benefit which is the argument in the fatwa is in accordance with the spirit of reforming Islamic law.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88430628","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: 1
Utilization of Land Pawning Objects in Minangkabau in The Perspective of The Scholars of Schools of Thought 从学派学者的视角看米南卡堡土地典当物的利用
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.5457
Ilda Hayati, Fathurrrahman Djamil, Busman Edyar
{"title":"Utilization of Land Pawning Objects in Minangkabau in The Perspective of The Scholars of Schools of Thought","authors":"Ilda Hayati, Fathurrrahman Djamil, Busman Edyar","doi":"10.29240/jhi.v7i2.5457","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.5457","url":null,"abstract":"This paper aims to explain the practice of pawning in Sariek Laweh, the law on the use of land pawning objects in Minangkabau from the perspective of Islamic scholars, and the solutions of pawning. This research is a field study using a normative approach, which is analyzed using a comparative descriptive method. The results of the study are: that in general, pawning in Minangkabau is carried out with the ability to use the object of land pawning and to take all the proceeds by the pawn holder. This applies until the mortgagee is able to pay off the debt. Scholars have different opinions regarding the use of pawn objects by pawn holders, the majority ( jumhur ulama ) forbid it. The second opinion ( minority ) says that it is permissible to take advantage of the pawn object, but there are still provisions in this matter. Based on the findings of this study, the practice of pawning in Sariek Laweh is not in accordance with the provisions of the Islamic Sharia which are seen from various schools of thought, apart from the element of exploitation of the pawn holder, the mortgagee does not receive any compensation from the goods used, other than fixed loan funds which must be paid according to the amount of the initial loan, without any reduction, also because there are conditions for taking benefits included in the contract, all schools of thought agree that this practice is not permissible. Regarding the pawning solution, it is in the form of musyarakah between the pawn holder and the owner of the pawn object. The pawn holder processes and takes the proceeds with a sharing system with the land owner.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90446717","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
Sharia-Based Customs in Unregistered Marriage Rules (Case Study in Rambatan Village, West Sumatra) 以伊斯兰教法为基础的未登记婚姻规则(以西苏门答腊Rambatan村为例)
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.5543
Muhammad Khalilurrahman, Eficandra Eficandra, Dodon Alfiander
{"title":"Sharia-Based Customs in Unregistered Marriage Rules (Case Study in Rambatan Village, West Sumatra)","authors":"Muhammad Khalilurrahman, Eficandra Eficandra, Dodon Alfiander","doi":"10.29240/jhi.v7i2.5543","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.5543","url":null,"abstract":"This study focuses on the factors causing the birth of customary rules, then forms of customary sanctions, and the implementation of customary rules, as well as analyzes the dynamics of implementing customary rules against unregistered marriages in the view of Islamic law.  The type of research conducted was field research.  Primary data sources were Ninik Mamak, Wali Jorong, Religious Counselors, perpetrators of unregistered marriages, and their relatives.  Secondary data sources were books and journals about marriage, customs, Islamic law and Positive law. The data were collected through semi-structured interviews and documentation techniques.  Data analysis and interpretation techniques were data reduction, data presentation and conclusions.  The technique of guaranteeing the validity of the data was by triangulation of sources.  The results of the study indicate that the cause of the birth of customary rules was because they were not in accordance with Islamic teachings, positive law, and were considered a disgrace to the people.  Forms of sanctions for the perpetrators of this unregistered marriage were expelled from the Nagari, if they were not pleased then paid a fine for slaughtering a goat, and if they did not want to do it, then they were set aside as long as the custom.  Those who paid the fine had to do so in public and apologized to Ninik Mamak.  Of the 11 pairs who performed unregistered marriages, 7 pairs were expelled from Nagari, 2 pairs paid a fine for slaughtering a goat, and 2 pairs were set aside from the custom.  This rule is in line with sadd al-zari'ah principles in Islamic law.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89397288","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: 1
The Majelis Ulama’s Fatwa on Freedom of Expression On Social Media: The Perspective of Maqashid Sharia Majelis Ulama关于社交媒体上言论自由的法特瓦:Maqashid Sharia的观点
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.5235
Danil Putra Arisandy, Asmuni Asmuni, Muhammad Syukri Albani Nasution
{"title":"The Majelis Ulama’s Fatwa on Freedom of Expression On Social Media: The Perspective of Maqashid Sharia","authors":"Danil Putra Arisandy, Asmuni Asmuni, Muhammad Syukri Albani Nasution","doi":"10.29240/jhi.v7i2.5235","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.5235","url":null,"abstract":"This article criticizes MUI Fatwa Number 24 of 2017 concerning guidelines for naming through social media, wherein the decision of its legal provisions the fatwa has given many restrictions that can be understood as an effort to close the space for freedom of expression and opinion on social media, the impact of which social media users feel afraid and restrained to views. The existence of this fatwa is fundamental because it provides clues regarding the rights of free speech for social media users from an Islamic perspective. This paper uses Jasser Auda's maqasheed sharia approach, namely system theory, as a normative analysis in criticizing fatwas against the interpretation of ghibah behavior, the concept of tabayyun, the public domain in the torso of the general provisions of fatwas. This article argues that the performance of the behavior of the ghibah , the concept of tabayyun, the public domain, in the general conditions of the fatwa body is very influential in the understanding of Islamic law itself towards a direction that is contrary to the purpose of maqasheed sharia, namely the law for the benefit of the people. This is because the interpretation of the fatwa is not ideal for realizing the goal of protecting the human right to opinion for social media users in a country that applies the concept of democracy. This argument is based on the researchers' reading of the MUI Fatwa using a system theory that says the purpose of the law is to achieve the universal benefit, which is inseparable from all points of view of Islamic law. In the end, this article concludes that there is a need to reconstruct the interpretation of the ghibah concept of tabayun, the public domain in the Majelis Ulama’s fatwa.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76241280","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: 1
Maqasid Sharia Perspective in Changes the Marriage Age Limits for Women According to Law Number 16 of 2019 根据2019年第16号法律,Maqasid Sharia的观点改变了女性的结婚年龄限制
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.4016
Darlin Rizki, Frina Oktalita, Ali Sodiqin
{"title":"Maqasid Sharia Perspective in Changes the Marriage Age Limits for Women According to Law Number 16 of 2019","authors":"Darlin Rizki, Frina Oktalita, Ali Sodiqin","doi":"10.29240/jhi.v7i2.4016","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.4016","url":null,"abstract":"This study analyzes the changes to Law no. 16 of 2019 on Law No. 1 of 1974 concerning the age limit of marriage. There are various responses in society, socio-cultural clashes and even religion cannot be avoided, where this situation is increasingly difficult to achieve the goal of marriage. This raises the question, why is it necessary to rearrange the age limits for marriage, and what background causes it? This study uses the maqasid sharia approach with the System theory of Jasser Auda. This type of research is descriptive qualitative using the maqasid sharia approach. The object of study is Law no. 19 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. This study uses secondary data from two sources. First, the primary source is taken from the text of the Law and the Decision of the Constitutional Court. Second, secondary sources such as books, journals, reports, magazines, newspapers, and so on. Then the data are interpreted and analyzed descriptively. The results of this study showed that the determination of changes to the law regarding the age limit for marriage can be classified into the interests of al-dharurriyah (primary), which are important and must be fulfilled to achieve the goals of sharia, namely safety. The analysis of maqasid sharia with six subsystem features explains that protected interests are closely related, which are related to one another, representing age differences in marriage, which is a form of discrimination. The scope of the provisions on the age limit for marriage is classified as maqasid ‘ammah, because it covers all the interests of women in Indonesia. Also, as maqasid khassah, legal protection from the fulfillment of basic rights and constitutional rights as citizens. The level of dharuriyah does not always have the implication of obligatory syar'i (causing sin) but only until obligatory hukm (must), because the legal provisions are explored by mujtahids and are based on the absence of qat'y texts on this issue.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88923109","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
The Problems of Siri Marriage for Women in Tambang District, Kampar Regency: A Gender Swot Analysis Study 坎巴县丹邦县妇女Siri婚姻问题:性别Swot分析研究
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.4740
Jumni Nelli
{"title":"The Problems of Siri Marriage for Women in Tambang District, Kampar Regency: A Gender Swot Analysis Study","authors":"Jumni Nelli","doi":"10.29240/jhi.v7i2.4740","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.4740","url":null,"abstract":"This paper aims to reveal the problems of sirri marriage, and find a solution. Sirri marriages, which are considered religiously valid, have caused many problems that have an impact on women's losses. But there are still many women who are comfortable doing it. This study used a SWOT gender analysis data analysis. The results of this study revealed that in general sirri marriages were carried out for reasons of wanting to obtain religious legitimacy, so as to create inner peace, at least avoiding immoral acts. The basic problems felt by women who do unregistered marriages are psychological problems and mental stress as a result of legal uncertainty about their marital status. Seeing more weaknesses and threats that occur in sirri marriages, then the existing advantages will not be able to overcome the problems faced unless they take advantage of existing opportunities, namely itsbat nikah. According to Islamic marriage law, if the consequences of marriage are known to be strongly suspected of causing harm, then the law is haram. Furthermore, it is necessary to enter registration as a condition for a valid marriage.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"2140 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86555664","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: 1
I'adah al-Nadzr (Reconsideration): A Critical Comparative Study between Indonesian Law and Saudi Arabian Law Perspectives (Fiqh Murafa’at) I'adah al-Nadzr(重新考虑):印度尼西亚法律和沙特阿拉伯法律观点的批判性比较研究(菲qh Murafa 'at)
AlIstinbath Jurnal Hukum Islam Pub Date : 2022-12-01 DOI: 10.29240/jhi.v7i2.5248
I. Haq, M. Muliati, M. M. Amiruddin, Nur Misyuari Maddolangeng, H. A. Hammad
{"title":"I'adah al-Nadzr (Reconsideration): A Critical Comparative Study between Indonesian Law and Saudi Arabian Law Perspectives (Fiqh Murafa’at)","authors":"I. Haq, M. Muliati, M. M. Amiruddin, Nur Misyuari Maddolangeng, H. A. Hammad","doi":"10.29240/jhi.v7i2.5248","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.5248","url":null,"abstract":"The purpose of this study was to ascertain the murafa’at fiqh (Saudi Arabian Law) and the Indonesian Criminal Procedure Code's perspectives on a convict's plea for i’adah al-nadzr (reconsideration). This was a normative juridical inquiry, which entailed poring over relevant material to gather data, assess content, and draw similarities between positive law and Islamic criminal law. The findings of this study indicated that review in positive law, referred to in Saudi Arabia's murafa’at fiqh as i’adah al-nadzr/al-muhakamah, attempted to ensure legal justice and judge justice in their rulings. There were parallels between positive law and murafa’at fiqh in terms of the justifications for filing reconsideration. There were, however, distinctions regarding the giyabi case as a basis for submitting reconsideration. In Saudi Arabia's murafa’at fiqh, the reconsideration application in the giyaby case could be accepted, although positive law did not cite the giyaby ruling as a reason to seek reconsideration. Positive law, on the other hand, provides for the possibility of resistance (verzet) if the defendant was not present in court and has not protested Verstek's ruling. Another parallel between positive law and Saudi fiqh murafa’at was seen in the reconsideration application regulations, which prohibited suspending the execution of rulings. However, the researcher notes that this rule cannot be applied universally.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82333302","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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