Jurnal Al-Dustur最新文献

{"title":"ETHICAL ASPECT OF DIPLOMACY OF PROPHET MUHAMMAD (BASIC PRINCIPLE)","authors":"I. Fajari, M. Muslih, Y. Yahya","doi":"10.30863/jad.v4i2.1820","DOIUrl":"https://doi.org/10.30863/jad.v4i2.1820","url":null,"abstract":"Ethics is a branch of philosophy that discusses good and bad. This study still relevant to be examined and discussed until now, because by studying ethics, someone is able to find and obtain all the good things as well as to avoid the bad. However, ethics is often separated from the practice of life, one of them is modern diplomacy. Diplomacy is all the efforts made to regulate the relationship among nations. Thus, ethics of diplomacy in this sense can be meant as a basic principle or practice of diplomacy which is accountable, tolerant, and fair. Since this study is attempted to reveal how the ethics of diplomacy of Prophet Muhammad, then this study uses ethical perspective of Islam. In this approach, researcher used: first, the descriptive analysis methods to further explore the basic principle regarding diplomacy of Prophet Muhammad. Second, the critical analysis method to discover the implications and problems of the principles and practice of diplomacy in the modern era. Regarding this method, it was discovered that in fact the basic principle and practice of diplomacy of Prophet Muhammad are based on tawhīd.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121478028","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":"PLASTIC SURGERY IN HYPOSPADIAS PATIENTS IN SHARIA MAQASHID REVIEW","authors":"Fatahilah Fatahillah, C. Kurniawan, Abdurahman Raden Aji Haqqi, Azme Matali","doi":"10.30863/jad.v4i2.1821","DOIUrl":"https://doi.org/10.30863/jad.v4i2.1821","url":null,"abstract":"Recently, Indonesia has been shocked by the problem of hypospadias patients from a former athlete who is also a soldier in the Indonesian Armed Forces (TNI), second sergeant (serda) AM. Treatment for hypospadias patients is based on the type of disability the patient has. Most hypospadias problems require surgery. Surgery is performed by placing the urethra in the correct position, correcting a sunken penis, and repairing the skin around the urethral opening, as the doctor may need to use the foreskin to make corrections. The purpose of this study is to describe the meaning of hypospadias and plastic surgery for hypospadias patients at the level of maqasid sharia. The methodology in this study uses library methods. From the point of view of the problem being studied, this investigation uses an integrity, philosophical, systematic, and general approach to seek this truth and wisdom or the essence of inquiry. The nature of this investigation is descriptive-analytical. The analytical method used in this investigation is descriptive, comparative, and critical analysis. This study found that hypospadias is a congenital urethral abnormality in male children, which is usually accompanied by an abnormal curvature and size of the penis. The law of plastic surgery for hypospadias patients is permissible because it is included in the collection of protection of religion, mind, soul, lineage, and property as maqasid daruriyyat, which is intended to uphold worldly and hereafter benefits. Hopefully, the results of this investigation will enrich the intellectual treasures for Muslim individuals and the public regarding the law of plastic surgery for hypospadias patients. Destructive poisons are contaminants or materials that are often encountered in everyday life. Exposure to harmful toxins in pregnant women can result in changes such as urogenital malformations, decreased sperm quality and breast cancer. Several studies have shown increasing cases of hypospadias in families who live close to landfills in Europe and mothers who have a history of occupational exposure to harmful toxins have a greater risk of giving birth to children with hypospadias disorders. This study was corroborated by another study which showed that mothers who had a history of eating organic vegetables did not have children with hypospadias disorders.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125160802","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":"مراجعة المصلحة في قرار المحكمة الدستورية بشأن القانون المدني للأطفال خارج إطار الزواج","authors":"Hifdhotul Munawaroh, Muhammad Nur, Qashmal Milzam","doi":"10.30863/jad.v4i2.1862","DOIUrl":"https://doi.org/10.30863/jad.v4i2.1862","url":null,"abstract":"","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134079348","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":"MAQASID AL-SHARIA IN ISLAMIC FINANCE","authors":"Solahuddin Al-ayubi, Siti Halawatuddu'a","doi":"10.30863/jad.v4i2.1823","DOIUrl":"https://doi.org/10.30863/jad.v4i2.1823","url":null,"abstract":"Maqashid Shari'ah are general shari'ah goals and have an important role in conducting the study of Islamic laws. This study has several objectives, including first, to determine the definition, and function, to determine the role of maqashid shari'ah in concluding the law. Second, to find out the scholar's thoughts on maqasid shari'ah and various maqasid shari'ah. Third, to find out the implementation of maqashid shari'ah in Islamic social finance. This research uses normative juridical methods, namely legal research using secondary data sources, operationally normative juridical research is carried out by library research (Library Research). The result of the research is the scholar's thoughts on maqashid shari'ah can be divided into three stages, namely foundation, development, and contemporary. Maqasid shari'ah in Islamic social finance is to realize justice and welfare in society, and to realize the continuity human life on this earth.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133368559","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":"AN ANALYSIS OF THE IMPLEMENTATION OF THE PROSECUTOR'S REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTIONS BASED ON RESTORATIVE JUSTICE AGAINST THE ABUSIVE CRIMINAL ACT","authors":"Muammar Muammar, M. I. Roihan","doi":"10.30863/jad.v4i2.1842","DOIUrl":"https://doi.org/10.30863/jad.v4i2.1842","url":null,"abstract":"The termination of prosecution in Erna Wilis’s case with Case Register Number PDM-44.SPEM/Eoh.2/07/2020 at the West Pasaman District Attorney Office, the author analyzes the basic considerations of the Public Prosecutor in implementing Restorative Justice, the suitability of the termination of the prosecution with the Prosecutor's Regulation (PERJA) Number 15 of 2020 concerning the termination of prosecution based on restorative justice and the obstacles faced by the Public Prosecutor. The research uses empirical juridical research methods with analytical descriptive studies using primary and secondary data. From the results of the analysis, it was concluded that the consideration of the Public Prosecutor was to apply Restorative Justice based on Article 14 of the Criminal Procedure Code letter h. Article 140 paragraph (2) letter a of the Criminal Procedure Code and Article 3 paragraph (2) letter e of PERJA Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The termination of prosecution is in accordance with PERJA Number 15 of 2020 substantively and the obstacles faced lie in the suitability of the timing of the termination of prosecution based on restorative justice.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127637933","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":"ANALYSIS OF JUDGE DECISION NUMBER 1537/Pid.B/2016/PnJkt.Utr RELATED TO PENAL CODE AGAINST BLASPHEMY PERPETRATOR","authors":"A. Arif, Haerul Akmal, Muhammad Imam Subagja","doi":"10.30863/jad.v4i2.1864","DOIUrl":"https://doi.org/10.30863/jad.v4i2.1864","url":null,"abstract":"The discourse on religious blasphemy is one that raises a lot of polemics. In the Indonesian context, this does not only occur in the domain of positive law, but also extensively in the domain of Islamic thoughts. The underlying issue of the argument is whether the penalty to whom blaspheme such a religion in accordance of the satisfaction and  teaching of every adherent of religion in Indonesia, such types of questions emerge in discussions regarding the matter of what is most relevance in accordance of the teachings of the defied religion which in this case is Islam. This research aims to find out the sanctions imposed by the judge in case No.1537/Pid.B/ 2016/ PN. JktUtr. according to the perspective of Islamic law and also the law in force in Indonesia so that the normative juridical approach method used with logical thinking is deductive.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116764925","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":"INDONESIA STRATEGY OF DIPLOMACY IN PROTECTING FEMALE MIGRANT WORKERS (TKW) IN SAUDI ARABIA DURING THE JOKOWI PERIOD","authors":"Akis Jasuli","doi":"10.30863/JAD.V4I1.1531","DOIUrl":"https://doi.org/10.30863/JAD.V4I1.1531","url":null,"abstract":"TKW is an Indonesian resident who meets the prerequisites to work abroad in a business relationship for a certain period. However, there are several problems in the implementation process, such as problems with pre-placement, placement period, and post-placement, which are considered to have many loopholes and are insufficient to protect TKW in Saudi Arabia. This study aims to determine the strategy of Indonesian diplomacy in the protection of Indonesian female workers (Tkw) in Saudi Arabia in the Jokowi era. The study results show that TKW is entitled to protection from their country of origin, namely Indonesia. In addition to the formation of several laws, there are also efforts being made. Such efforts include sending a letter to the King of Saudi Arabia, holding a meeting between the two countries, pleading with Saudi Arabia to protect TKW, who was sentenced to beheading. The request was made not only through letters but also through discussions between the country's two leaders.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121887135","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":"JURIDICAL ANALYSIS OF IMPLEMENTING THE PRESIDENTIAL THRESHOLD IN THE PRESIDENTIAL ELECTION OF INDONESIA","authors":"Mubarik Rahmayanti, Irfan Amir","doi":"10.30863/JAD.V4I1.1477","DOIUrl":"https://doi.org/10.30863/JAD.V4I1.1477","url":null,"abstract":"Since issuing the Constitutional Court Decision Number 14/PUU-XI/2013, the general election design must be carried out simultaneously between the election of legislative members and the election of the President and Vice President (Pilpres). Article 6A Paragraph (2) of the 1945 Constitution mandates that pairs of candidates for President and Vice-President are proposed by political parties or coalitions of political parties taking part in the general election prior to implementing the general election. Accordingly, in order to strengthen the presidential system, pairs of candidates proposed in the presidential election are required to meet the \"presidential threshold,\" which essentially limits the rights of political parties in proposing presidential and vice-presidential candidates. This study analyzes the relevance of presidential threshold requirements elections simultaneously. The research method used is normative juridical, using an approach to the application of laws and an analytical approach. This study shows that the application of the presidential threshold that must be met by political parties or a combination of political parties in carrying out the presidential and vice-presidential candidate pairs in the simultaneous general election is less relevant and limits the rights of political parties. In addition, the political party that wins the majority vote has strong dominance to pressure other parties in determining the candidate. Although it does not have high dominance, it still has substantial authority to nominate it.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122825638","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":"NAQD IBN TAIMIYAH LIL-QADHI ABDEL JABBAR FI RU'YATILLAH TA'ALA","authors":"M. Wahyudi","doi":"10.30863/JAD.V4I1.1455","DOIUrl":"https://doi.org/10.30863/JAD.V4I1.1455","url":null,"abstract":"permasalahan melihat Allah adalah permasalahan yang sudah ada sejak permulaan masa Mu’tazilah dan masa Ahmad bin Hanbal. Permasalahan tersebut terus berlanjut sampai masa Al-Qadhi Abdul Jabbar dan Ibnu Taimiyyah. Melihat Allah adalah sebuah permasalahan akal, oleh karena itulah beberapa kelompok dan madzhab saling berbeda pendapat dalam menetapkan persoalan ini, sebagian mereka mengatakan bahwasanya Allah tidak dapat dilihat di dunia dan di akhirat dan sebagian lainnya menetapkan bahwa Allah dapat dilihat ketika di akhirat nanti. Artikel ini bertujuan untuk mengetahui hakekat permasalahan ini melalui kritik Ibnu Taimiyyah terhadap pemikiran Al-Qadhi Abdul Jabbar tentang melihat Allah dan mengetahui metode apa yang digunakan oleh keduanya.Dalam penelitian ini peneliti menggunakan metode deskriptif dengan memaparkan argumentasi Al-Qadhi Abdul Jabbar tentang melihat Allah dan metode analisis dengan menganalisis pemikiran Al-Qadhi Abdul Jabbar dalam permasalahan tersebut, kemudian menganalisis kritik Ibnu Taimiyyah terhadap argumentasi Al-Qadhi Abdul Jabbar tentangpermasalahan melihat Allah yang bersumber dari Al-Qur'an dan Al-HadistSetelah melakukan penelitian secara mendalam, peneliti menemukan beberapa metode yang digunakan oleh Al-Qadhi Abdul Jabbar di dalam membahas akidah yaitu : mengedepankan akal dari pada naql, menjadikan akal sebagai dalil, menolak khabar wahid dan memakai dalil dari ta’wil al kalamiy. Sedangkan metode Ibnu Taimiyyah dalam membahas masalah aqidah yaitu mengedepankan naql dari pada akal, menjadikan khabar wahid sebagai dalil , menolak ta’wil al-kalamiy, dan memakai dalil yang bersumber dari Al-Quran dan Hadist Shahih.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130848147","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":"NUSYUZ AND ITS SOLUTIONS IN COMPILATION OF ISLAMIC LAW FROM THE PERSPECTIVE OF THE AL-QURAN","authors":"Ibnu Izzah","doi":"10.30863/JAD.V4I1.1420","DOIUrl":"https://doi.org/10.30863/JAD.V4I1.1420","url":null,"abstract":"Nusyuz and its solutions in Compilation of Islamic Law from the Perspective of the Al Quran is the title of this paper. Here the writer intends to find out how nusyuz and its solutions are reflected in the Compilation of Islamic Law (KHI). This study aims to: 1) describe and analyze settling nusyuz and its solution in the Islamic Law Compilation, and 2) suggesting the Quran perspective on nusyuz and its solution in the Islamic Law Compilation. The authors use two approaches in answering these problems: the normative theological approach and the formal juridical approach. This research is classified as a research library; data was collected by quoting, adapting, and analyzing using content analysis of representative literature and having relevance to the issues discussed, then reviewing and concluding.After discussing nusyuz and its solutions in KHI from the perspective of the Quran, we need to know that Nuyuz deeds are not only directed at one's wife but can also be punished by the husband based on the texts of the Quran, the views of some scholars and empirical facts that happened. Moreover, the Al-Quran solution has given to handle nusyuz wives with three stages: advice, separation of beds, and beatings so systematically, and when carried out according to the hierarchy, it is likely to make the family whole again and more harmonious. This can be actualized and become an alternative solution to the wife's nusyuz if we reflect on the conditions and problems that are dynamic in household conflicts today.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132499006","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}