AlIstinbath Jurnal Hukum Islam最新文献_第4页

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

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

Alternatives to Criminal Conviction in a Comparative Analysis of Positive Law and Islamic Criminal Law 实证法与伊斯兰刑法比较分析中的刑事定罪选择

AlIstinbath Jurnal Hukum Islam Pub Date : 2022-05-30 DOI: 10.29240/jhi.v7i1.4308

F. Fauzan

引用次数: 0

The Epistemology of MUI’s Fatwas on Covid-19: Bayani and Burhani Eclecticism MUI新冠肺炎教令的认识论:巴亚尼和布尔哈尼折衷主义

AlIstinbath Jurnal Hukum Islam Pub Date : 2022-05-30 DOI: 10.29240/jhi.v7i1.3216

Zainul Mun'im

引用次数: 2

Model of Zakat Utilization in the Covid-19 Pandemic Era: Perspective of Maqashid Sharia 新冠疫情时代天课利用模式:基于麦加希德伊斯兰教法的视角

AlIstinbath Jurnal Hukum Islam Pub Date : 2022-05-30 DOI: 10.29240/jhi.v7i1.4462

Ramadhita Ramadhita, S. Sudirman, S. Bachri

引用次数: 2

Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh Maqashid伊斯兰教法对亚齐省Khalwat行为者的法律制裁

AlIstinbath Jurnal Hukum Islam Pub Date : 2022-05-30 DOI: 10.29240/jhi.v7i1.3587

Mulizar Mulizar, Asmuni Asmuni, Dhiauddin Tanjung

{"title":"Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh","authors":"Mulizar Mulizar, Asmuni Asmuni, Dhiauddin Tanjung","doi":"10.29240/jhi.v7i1.3587","DOIUrl":"https://doi.org/10.29240/jhi.v7i1.3587","url":null,"abstract":"This paper discusses the dynamics of punishment for khalwat perpetrators which is habitually inclined to implement the rule of law underlined in Aceh. The aim of this research is to analyze the provision of legal sanctions carried out by Acehnese for khalwat perpetrators based on the maqashid sharia perspective. This study was conducted by using empirical juridical research with law sociology approach, and the source of the main data was an interview which was completed by supporting data such as significant articles related to the khalwat cases in Aceh. The results of this study point out that normatively the provision of sanctions for khalwat perpetrators in Aceh are regulated into two forms, namely Jinayat Law Qanun , and the Development of Traditional Life and Custom Qanun . Each of these regulations has differences in the provision of law sanctions for the khalwat perpetrators that cause law dualism. Practically, the sanctions determined by Acehnese for the khalwat perpetrators are various depending on each region. There are four kinds of sanctions enforcement, namely; First: Jinayat Law Qanun , Second: Customary Law, Third: the sanction of punishment in the name of customary law, Fourth: persecution. Based on maqashid al sharia aspect, some of these punishments are considered not in accordance with sharia principles, law of persecution, and in the name of customary law. Indeed, these regulations tend to be decided arbitrarily and even followed by torture.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83399890","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: 8

Sex Recession Phenomenon from the Perspective Maqashid Sharia Based on Objectives Marriage Law in Indonesia 基于印尼目标婚姻法的伊斯兰教法视角下的性衰退现象

AlIstinbath Jurnal Hukum Islam Pub Date : 2022-05-30 DOI: 10.29240/jhi.v7i1.4204

I. Pelu, Hilyatul Asfia, Jefry Tarantang, Akhmad Supriadi

{"title":"Sex Recession Phenomenon from the Perspective Maqashid Sharia Based on Objectives Marriage Law in Indonesia","authors":"I. Pelu, Hilyatul Asfia, Jefry Tarantang, Akhmad Supriadi","doi":"10.29240/jhi.v7i1.4204","DOIUrl":"https://doi.org/10.29240/jhi.v7i1.4204","url":null,"abstract":"The sex recession is an implementation of worries about household responsibilities. Marriage, which is supposed to be a requirement for the legality of sexual relations, has experienced a shift. Marriage is no longer considered an appropriate institution with a modern lifestyle in several not Muslim-majority countries. The objective of this research is to offer solutions to the problem of a sexual recession that some of the world's most developed countries are currently facing. This type of research is empirical-normative research. The data is sourced from official news reports and reputable journals that reveal the sex recession in developed countries, such as the United States, England, Australia, and Asian countries such as Japan, South Korea, Singapore, and China. Research is being conducted using a phenomenological approach, a conceptual approach, and a philosophical approach. The result of this research are the epistemology of marriage in Islamic law is a solution to overcome the sex recession during the Covid-19 pandemic. In an ideal world, the phenomena of sex recession may be handled by adopting Islamic law's epistemology in terms of marriage. Even Indonesian marriage law can dispel sex recession by building awareness and understanding of the nature of marriage (maqasid marriage), which is systemically capable of maintaining and maintaining offspring, self-respect, and religion.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"2 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72402463","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: 2

The ‘Urf Perspective of Maanta Bareh Pasaran: Reinforcing the Kinship System through a Local Wisdom in Nagari Balingka Maanta Bareh Pasaran的“Urf视角:通过Nagari Balingka的地方智慧加强亲属制度

AlIstinbath Jurnal Hukum Islam Pub Date : 2022-05-30 DOI: 10.29240/jhi.v7i1.4132

Nofiardi Nofiardi

引用次数: 1

The Urgency of Ahlus Sunnah wal Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic 伊斯兰法理学在维护印尼共和国凝聚力中的紧迫性

AlIstinbath Jurnal Hukum Islam Pub Date : 2022-05-30 DOI: 10.29240/jhi.v7i1.4153

Wahyu Abdul Jafar, M. Asmara

{"title":"The Urgency of Ahlus Sunnah wal Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic","authors":"Wahyu Abdul Jafar, M. Asmara","doi":"10.29240/jhi.v7i1.4153","DOIUrl":"https://doi.org/10.29240/jhi.v7i1.4153","url":null,"abstract":"This study aims to determine the urgency of Ahl as-Sunnah wal-Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic. This study is literature research, which uses documentation techniques in collecting research data. At the same time, the analysis technique used in this research is the descriptive inductive technique. After conducting in-depth research, a conclusion was found that ahlus sunnah wal jamaah Based Islamic Jurisprudence is urgently disseminated and practiced. Ahlus sunnah wal jamaah Based Islamic Jurisprudence can be a strong binder of unity and integrity because there are ahlus sunnah wal jamaah Based Islamic Jurisprudence values of hubul wathon (love of the homeland), unity, and tolerance among religious believers. This teaching is more accepting of the differences in the broader community than radical and liberal Islam teachings, which divide the unity among Muslims and often create commotion and quarrels in society. Ahl as-Sunnah wal-Jamaah Based Islamic Jurisprudence can block Islamic sharia that deviates and leaves the corridor of the principle of tasriul ahkam, namely realizing the benefit of human life. The benefit will be easily realized if in a country the people are united, in harmony, live in peace, and are not hostile to each other.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80731349","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

Dharar as a Reason for Divorce Lawsuit in Fiqh and Legislation of Some Muslim Countries: Study on Indonesia, Bahrain, Sudan, Qatar, and Morocco “Dharar”作为伊斯兰教离婚诉讼的理由及部分穆斯林国家的立法——以印度尼西亚、巴林、苏丹、卡塔尔和摩洛哥为例

AlIstinbath Jurnal Hukum Islam Pub Date : 2022-05-30 DOI: 10.29240/jhi.v7i1.3368

Ali Trigiyatno, S. Sutrisno

{"title":"Dharar as a Reason for Divorce Lawsuit in Fiqh and Legislation of Some Muslim Countries: Study on Indonesia, Bahrain, Sudan, Qatar, and Morocco","authors":"Ali Trigiyatno, S. Sutrisno","doi":"10.29240/jhi.v7i1.3368","DOIUrl":"https://doi.org/10.29240/jhi.v7i1.3368","url":null,"abstract":"This paper aims to explain dharar as a reason for divorce in the legislation of five Muslim countries, namely Indonesia, Bahrain, Sudan, Qatar, and Morocco. The five countries were chosen with consideration of representing the Sunni Islamic School and one Shia Islamic School. The approach used is a normative approach combined with a comparative method of the law. Primary legal materials are acts and other legislation relevant to the topic of discussion. The results show that the five countries equally provide room for divorce for the wife if she is experiencing dharar, the judge or hakam is obliged to reconcile the two disputing spouses, dharar includes physical and psychological, and the accusation must be proven using evidence generally applicable in procedural law. As for the difference, only Indonesia emphasizes cruelty and physical abuse, while other countries are general. Morocco is the most complete in regulating dharar as a reason for divorce and has several specifics such as violating the marriage agreement which is categorized as dharar. Morocco also regulates compensation due to ḍarar suffered by the wife, while the other four countries do not discuss it in their family law.TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian // TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79415130","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: 2