Karimuddin Abdullah Lawang, Muntasir A Kadir, Syamsiah Nur, Rika Sasralina
{"title":"Sanksi Tindak Pidana Kekerasan Seksual: Studi Komparatif Fiqh, Qanun Aceh dan KUHP","authors":"Karimuddin Abdullah Lawang, Muntasir A Kadir, Syamsiah Nur, Rika Sasralina","doi":"10.33650/at-turas.v9i1.3439","DOIUrl":"https://doi.org/10.33650/at-turas.v9i1.3439","url":null,"abstract":"Kekerasan seksual seperti pemerkosaan merupak salah satu bentuk kejaharan seksual yang harus dilakukan upaya pencegahannya dengan memberlakukan sanksi yang dapat memberikan efek jera terhadap pelaku dan mencegah terjadinya hal serupa pada orang yang lain. KUHP Pasal 285 merupakan salah satu peraturan yang mengatur secara khusus berkaitan dengan kekerasan seksual, namun hal tersebut belum bisa memberikan dampak yang siknifikan terhadap pencegahan kejahatan pemerkosaan. Berdasarkan realitas tersebut harus dilakukan upaya perancangan perubahan terhadap KUHP dengan mengakomodir hukum Islam (fiqh) dan Qanun Jinayat Aceh. Secara fiqh kejahatan pemerkosaan dalam satu sisi dikategorikan ke dalam zina sehingga dikenakan hukuman hudud, namun disisi lain bisa dikategorikan ke dalam hirabah sehingga bisa dikenakan hukuman yang lebih berat lagi dari hudud. Sementara Qanun Jinayat Aceh menerapkan hukuman ta’zir berupa cambuk atau denda dalam bentuk emas murni. Secara fiqh atau qanun sangat memberikan efek jera terhadap pelaku dan dapat mencegah untuk terulang kembali kejahatan serupa tersebut.","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"452 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122488681","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}
{"title":"Human Rights Without Religions: The Polemic in Establishing Churches and The Dilemma of Implementing Human Rights in Aceh Singkil","authors":"Zulfikar Riza Hariz Pohan, Ismail Angkat","doi":"10.33650/at-turas.v9i1.3436","DOIUrl":"https://doi.org/10.33650/at-turas.v9i1.3436","url":null,"abstract":"The house of worship development raises problems such as the destruction and closure of churches that took place in Aceh Singkil from 1978 to 2015. The conflict does not grow from religious sentiments but rather was the contestation of ethnic identity and economic interests. The problem of church burning conflicts is always addressed with the conclusion of religious intolerance and discrimination that creates identity traps’ between Islam and Christianity. Whereas, historically, Islam and Christianity in Aceh Singkil are from the descendants of the same ancestor (marga). This research is based on literature studies with qualitative methods. To see how the constellation that occurs in religion and politics defines local rituals in minor communities in Singkel, this study uses a developmentalism theory and religious discourse on human rights analysis in order to be able to see religious rituals and ethnic segregation in the discourse of economic circulations.","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"17 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113964274","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}
{"title":"Legal Protection of Concurrent Creditors for The Debts That are not Guaranteed by Property Rights According to Bankruptcy Law and Islamic Law","authors":"Risma Nur Arifah, Arman Safril Adam","doi":"10.33650/at-turas.v9i1.3398","DOIUrl":"https://doi.org/10.33650/at-turas.v9i1.3398","url":null,"abstract":"Bankruptcy is a condition where the debtor is unable to fulfill his obligations to pay debts to creditors. Revision of Law Number 4 of 1998 became Law Number. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations explains that concurrent creditors are creditors who do not hold collateral and who do not have special rights and whose claims are not recognized or recognized conditionally, of course, this causes the position of concurrent creditors to be very vulnerable to getting their rights back on the debt of the bankrupt debtor. This research is normative research using a statutory approach and a conceptual approach, where in this study the researcher examined the regulations on bankruptcy through the Act and analyzes the concept of legal protection for concurrent creditors. The results of the study showed that, first, Law Number 37 of 2004 concerning Bankruptcy and PKPU (Postponement of Debt Payment Obligations) explains that concurrent creditors are conditional creditors and do not have special rights, their position in paying off debtors' debts from the remaining proceeds from the settlement or auction of bankrupt assets. Second, Islamic law stipulates that the guaranteed of legal protection for creditors is to fulfill debt obligations as regulated in Surah al Baqarah verse 282 based on the principle of al ‘adalah.","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"518 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123111630","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}
Sahlan Muhammad Faqih, Dadang Rusmana, Yayan Rahtikawati
{"title":"Orientasi Tafsir Turjuman Al-Mustafid Karya Abdur Rauf Al-Singkili","authors":"Sahlan Muhammad Faqih, Dadang Rusmana, Yayan Rahtikawati","doi":"10.33650/at-turas.v9i1.3205","DOIUrl":"https://doi.org/10.33650/at-turas.v9i1.3205","url":null,"abstract":"This article discusses the study of the interpretation orientation (ittijah al-mufassir) of Tarjuman al-Mustafid, as a pioneer in the development of the 'fardi' (individual) interpretation of Nusantara in the Century. This article uses a qualitative approach and an exploratory-phenomenological approach. Al-Singkili's scientific odyssey to the Arabian Peninsula to the 'maqam' that has matured in various sciences. After returning to Aceh, al-Singkili was appointed mufti of the kingdom by contributing to the thought and administrative aspects. The lineage of thought of the sanad al-Singkili is directly related to the author of 'Tafsir al-Jalalain'. As a stream of practical Sufism (Tasawwuf Al-'Amali) and the depth of Shari'a knowledge that he controls, he always thinks moderately in making decisions and religious fatwas. This can be done in his response when faced with a mystical dispute that occurred between the thoughts of Hamzah al-Fanzhuri and Nuruddin al-Raniri. Al-Singkili tried to be moderate without making accusations, but did not agree with al-Raniri's position. This wasathiyyah thought can be found in the explanations presented in his commentary when faced with anthropopomorphic verses.","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130740986","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}
{"title":"Irshad Manji on Hermeneutics: Reconsidering Her Method of Interpretation of LGBT-Q Verses in Al-Qur’an","authors":"Abdullah Muslich Rizal Maulana","doi":"10.33650/AT-TURAS.V8I1.1662","DOIUrl":"https://doi.org/10.33650/AT-TURAS.V8I1.1662","url":null,"abstract":"A Canadian Muslim Reformist, Irshad Manji, has strived to introduce her thoughts concerning the emancipation of LGBT-Q rights around the world. Accordingly, She offered a ‘reformed interpretation’ of The Qur’an to reveal alternatives of theological understanding regarding some verses about LGBT-Q. This paper will enquire Manji’s fundamental idea and the method in commenting and interpreting LGBT-Q verses in the Qur’an, as her endeavor was considered closely similar to Hermeneutics, a method of interpretation developed in the Catholic-Christian World. This paper found the domination of Hermeneutics on Manji’s attempt in understanding the Qur’an constructing her argumentation about LGBT-Q. In the perspective of Science of Qur’an and Tafsir, Manji has manipulated Qur’anic verses to support her campaign emancipating LGBT-Q rights in the whole domains, especially in their sexual expression.","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123831406","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}
{"title":"The Dynamic Role of Religious Figures in The Diffusion of Community Forest Development: A Study of Phenomenology on Madurese Community in Probolinggo Regecny","authors":"Tirmidi Tirmidi, S. Kanto, K. Hidayat, T. Luth","doi":"10.33650/AT-TURAS.V8I1.2287","DOIUrl":"https://doi.org/10.33650/AT-TURAS.V8I1.2287","url":null,"abstract":"One of the causes of the successful development of community forests in Probolinggo Regency was the participation of religious leaders. This study explored the dynamics of the role of religious leaders in the development of community forests. Through a qualitative research design with a phenomenological approach and a Naturalistic paradigm, it was found that religious leaders carried out dynamic roles from the pioneering period to the period of obtaining international ecolabel certificates. From this discovery, three propositions were drawn to which after inter-relation between the concepts, two substantive theories were drawn, namely (1) Followers’ Need-Based Visionary Leader Theory, dan (2) Theory of Change-and-Innovation Enabling Leader Quality (Attributes of Change-and-innovation Enabling Leader).","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121954553","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}
{"title":"Abu Ishaq Al-Syathibi and His Perspective on Maslahat","authors":"M. Ikhsan, Azwar Iskandar","doi":"10.33650/AT-TURAS.V8I1.1997","DOIUrl":"https://doi.org/10.33650/AT-TURAS.V8I1.1997","url":null,"abstract":"This study aims to find out: (i) the position of Abu Ishaq al-Syathibi as a fiqh scholar al-maqāṣid; and (ii) the concept of maslahat in the perspective of Abu Isha al-Syathibi. This research is qualitative descriptive research with library research techniques through historical and sociological approach. The results found that al-Syathibi's ability as a reformer in the realm of uṣūl al-fiqh was very clear in his role in performing new formulations of the theory of al-maqāṣid and managed to open the views of the scholars afterwards to further examine this issue. Al-Shatibi's view of maslahat cannot be separated from his view of al-maqāṣid, especially when he divides the al-maqāṣid into two major parts: those relating to maqāṣid al-syarī'ah and those relating to maqāṣid al-mukallafīn.","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122292240","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}
{"title":"Developing Halal Village Tourism Through Asset Community In Setanggor, Lombok Tengah","authors":"Fajar Mahardika, I. Indrawati","doi":"10.33650/AT-TURAS.V8I1.1903","DOIUrl":"https://doi.org/10.33650/AT-TURAS.V8I1.1903","url":null,"abstract":"Overcoming poverty problem constitutes a part of da’wah bil hal. Moreover, it is a main problem experienced by Moslems in Indonesia. To overcome the problem, the governor of Nusa Tenggara Barat TGB. Muhammad Zainul Majdi pionered Halal Tourist Village through his Governor rule no. 51/2016. The term of Halal Tourist Village constituted a Governor’s attempt in packaging tourism, so that foreign tourists would like to come. Through the rule, Ida Wahyuni Sahabudin, a community development activist, took an innitiative to promote Setanggor Village as one of destinations of Halal Tourist Village. He improved various local assets into attractive tourist spots. This study described the roles of community assets in developing community of Halal Tourist Village of Setanggor. This study used library research method and a concept approach of community assets. The result of this study indicated that that those various assets came with different roles and all of them were integrated in the tourism of Setanggor Village to overcome the poverty problem there.","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116793996","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}
{"title":"The Essence of Mysticism in The Study of Tasawwuf","authors":"F. Hanifiyah","doi":"10.33650/AT-TURAS.V8I1.2017","DOIUrl":"https://doi.org/10.33650/AT-TURAS.V8I1.2017","url":null,"abstract":"Sufism is another name for mysticism in Islam. the western orientalists it is known as Sufism, which is a special term for Islamic mysticism. Then the word Sufism does not exist in the mysticism of other religions. Sufism or mysticism in Islam is inherent in life and develops from zuhudan life, in the f amali Sufism, then philosophical Sufism. Sufism is the most important aspect of Islamic teachings, because the role of Sufism is the key to the perfection of the practice of Islamic teachings. In addition to the aspect of Sufism, in Islam there are other aspects, namely faith and sharia, or in other words what is meant by religion is consisting of Islam, faith and ihsan, where these three aspects are a unity. To know Islamic law, we have to refer to sharia / fiqih, to know the pillars of faith we have to refer to ushuludin / faith and to know the perfection of ihsan we enter into Sufism. The research method used in this research is literature review. For the results of this study that overall the science of Sufism can be grouped into two, namely tasawuf ilmi or nadhari, which is theoretical Sufism. The second part is Sufism amali or tathbiqi, which is applied Sufism, which is practical Sufism. It is not just a theory, but demands practice to achieve the goals of Sufism. As for what is meant by human relations and spirituality, namely humans think more deeply. Self-reflection will be awakened along with life's problems. Political, cultural and other problems will be resolved well with a cool head. A clean soul will radiate a clean implementation too. Meanwhile, the meaning of man's closeness to his God is based on some of the words of Allah SWT which are contained in the Al-Qur'an explaining that Allah is one with his servant (Al-Hulul / Wahdatul-Wujud).","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131967255","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}
{"title":"Default Solution on Sharia Housing in The View of Private Law and Islamic Law","authors":"Tri Lestari Khoirrani, Risma Nur Arifah","doi":"10.33650/AT-TURAS.V8I1.1603","DOIUrl":"https://doi.org/10.33650/AT-TURAS.V8I1.1603","url":null,"abstract":"Sharia housing with sharia developer system using cash and in house method without involving the bank is thriving, because in the advert mentioned no fines and confiscations. While every financing there is a possibility of contract breach, such as La Tansa Cluster Malang Housing, there are several users doing breach of contract. This breach of contract can cause problems between developer and user so that solution is needed. The goals of this research are determining factors that led to the breach of contract and the efforts to resolve trade breach of contract in La Tansa Cluster Malang in terms of civil code and Islamic laws. This research uses empirical legal research with a sociological juridical approach, a concept approach, and a legislative approach. Data collected by interviews with developer of La Tansa Cluster Malang and the user, and then analyzed using qualitative descriptive analysis methods. The results showed that breach of contract occurred in La Tansa Cluster Malang due to lack of user candidate analysis, postpone payments, family deaths, business failures, serious illness, and inaccurate financial predictions. According to civil code, the efforts to resolve contract breach of sharia housing trade in La Tansa Cluster Malang are doing deliberation, communication, time extension, PPJB canceling (according to the Article 1338 paragraph (2) of Civil Code), and money returning (according to Article 1267 and Article 1248 of Civil Code). While the efforts to resolve the breach of contract in La Tansa Cluster Malang according to Islamic laws are doing deliberation or reconciliation (shulh), communication, time extension (according to surah al-Baqarah (2): 280), PPJB canceling (based on fasakh iqalah), and money returning (based on dhaman al ‘aqdi).","PeriodicalId":356646,"journal":{"name":"AT-TURAS: Jurnal Studi Keislaman","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130370158","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}