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Abdul Malik Mufty

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sentencing must take into account juridical and sociological aspects to provide a deterrent effect and benefit society. In Law no. 1 of 2023, the death penalty is regulated as a last resort for serious crimes, in accordance with human rights principles and Islamic legal views. This research uses a normative method with a statutory approach to examine the death penalty in Law no. 1 of 2023 and compare it with Islamic law. The death penalty in Law no. 1 of 2023 is regulated in Articles 64 and 67, no longer as a basic crime but as a last alternative for extraordinary crimes that threaten life, with stricter implementation because it refers to the ratification of the ICCPR. In Islamic law, the death penalty applies to murder, adultery (for married perpetrators), armed robbery and rebellion, with the principle of qishash as the main basis.

Fawaid Fawaid; Fajar Ainol Yakin

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2024 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

A sakinah family is understood as a harmonious family, where the values of Islamic teachings are upheld, and family members respect and love each other. In a sakinah family, each individual carries out their obligations well and helps each other. They also have a deep understanding of each other, so that conflicts that arise can be resolved in a good and wise way. This research discusses two main issues: the concept of a sakinah family in the perspective of Islamic Family Law and its implementation through the guidance of counselors in Jember Regency. The approach used is qualitative method, with data collection through observation, interview, and documentation. Data sources include primary and secondary data. The results showed that the concept of a sakinah family in Islamic Family Law is a family built on the basis of a legal marriage, hoping for the pleasure of Allah SWT, and prioritizing peace, tranquility, and happiness to achieve prosperity in the world and the hereafter. The sakinah family is the ideal condition expected by every individual in family life. Its implementation through counseling includes efforts to provide understanding to the community about the importance of building a sakinah family based on Islamic values. This counseling also targets prospective brides, including in the context of early marriage, so that they understand the meaning of marriage in accordance with the principles of sakinah, mawaddah, and rahmah.

Resya Eka Putri; Chadiza Azzahra Lubis; Alexa Ayu Dewanda; Hanestesia Zahara; Wismanto Wismanto

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Hawalah is the concept of debt transfer in Islamic law which is increasingly relevant in the digital era through the application of technology in the financial sector, such as fintech platforms. This research aims to explore the understanding of hawalah, including its sharia principles, as well as its benefits and risks in the context of modern finance. This research uses a qualitative descriptive method through literature studies that examine classical Islamic legal texts as well as books and journals related to sharia economic law. The research results show that hawalah allows debt transfer with the principle of being free from usury and gharar, and has pillars that must be fulfilled by the three parties involved: muhil, muhal, and muhal alaih.

Samriadin Samriadin

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Inheritance distribution in Islam is one of the legal aspects regulated in detail in the Qur'an, hadith, and fiqh. Islamic inheritance law aims to provide justice and order in the distribution of a person's inheritance after death. This discussion is not only limited to the rights and obligations of heirs, but also includes dispute resolution mechanisms in various social and cultural contexts. In practice, inheritance problems from Muslims also intersect with non-Muslims, which can give rise to different perceptions among heirs or children of heirs who are not included in the heir group but receive a mandatory will in accordance with the provisions of positive law in relation to the distribution of inheritance of Muslims. In this study, the problem raised is how is the distribution of inheritance to non-Muslim children who receive mandatory testamentary rights over the inheritance of their Muslim parents, a case study of the Tigaraksa Religious Court decision Number: 1657/Pdt.G/2020/PA.Tgrs dated November 25, 2020. The purpose of this study was to determine the distribution of inheritance to non-Muslim children who receive mandatory testamentary rights over the inheritance of their Muslim parents. The results of the study showed that even though they do not have the status of heirs, non-Muslim children of the testator receive a mandatory testamentary share from the inheritance of their deceased parents (Heir) which does not exceed the share of the smallest heir or is equal to the share of the inheritance of a daughter. The inheritance is reduced by the testator's debt and is then divided into two parts, part of which is the joint property of the Heir and his wife, then the inheritance rights and mandatory testamentary rights are divided.

Latifah Latifah

AL-MUSTAQBAL: Jurnal Agama Islam 2024 STIKes Ibnu Sina Ajibarang

Education plays a crucial role in optimally developing and directing students' potential. In the current educational context, learning outcomes are assessed based on students' abilities to solve problems, reason, communicate, and demonstrate knowledge and attitudes. However, preliminary studies at MAN 1 Banjarmasin revealed that only 62.85% of the XI Agama class students met the Minimum Completeness Criteria (KKM) of 75 in Fiqh subjects, while the rest failed. This study aimed to improve learning outcomes in the topic of Mawaris by using an Android-based learning media, the "Kalkulator Waris" application. This Classroom Action Research (CAR) was conducted through two cycles following the model proposed by Arikunto, comprising planning, action, observation, and reflection phases. In the first cycle, the average student score was 73.63 with a 62.85% success rate. After refining the learning process, the second cycle showed significant improvement: the average score rose to 88.17, and all students (100%) achieved mastery. The use of the "Kalkulator Waris" application facilitated students’ understanding of complex inheritance calculations, enhanced learning engagement, and fostered a more active, creative, and problem-solving learning environment. The findings suggest that appropriate use of Android-based educational applications can significantly enhance learning outcomes, particularly in complex subjects like Islamic inheritance law.

Aida Efendi; Carina Septiani; Saidah Syakira; Taura Zilhazem; Wismanto Wismanto

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Usury is one of the concepts that is forbidden in Islamic law and has a significant impact on the economy of individuals and society (Arafah et al., 2019). The background of this study focuses on the importance of a deep understanding of usury to build awareness of its economic implications. The purpose of this study is to identify and explain the types of usury, as well as to understand the legal basis that prohibits the practice in the Qur'an and Hadith. The research method used is a qualitative method based on literature review, by analyzing primary and secondary sources related to Islamic law and sharia economics. The results of the study indicate that usury consists of several categories that have different implications, and the application of the law on usury can encourage the development of a fairer financial system. The discussion includes an analysis of the social and economic impacts of usury practices, as well as alternative sharia financial products that can be applied to replace usury. This study is expected to contribute to public understanding of usury and encourage the implementation of sharia principles in the modern economy.

Rachmat Panca Putera

Jurnal Bahasa, Sastra, Budaya, dan Pengajarannya 2024 Pusat Riset dan Inovasi Nasional

This study aims to examine the shift in Islamic political thought in Indonesia, from a formalistic approach to a substantive one, as well as the factors that drive this change. The formalistic approach, which emphasizes symbols and the rigid application of Islamic law in the state structure, is increasingly seen as irrelevant to the social-political dynamics of plural Indonesia. In contrast, the substantive approach, which focuses on achieving the social goals of Islam, such as justice and welfare, is considered more adaptable to the needs of modern society. This research uses a qualitative method with a literature review approach, analyzing various relevant sources to identify the paradigm shift in Islamic political thought. The findings indicate that this shift is largely influenced by social developments and political challenges faced by Indonesian society. The implications of these findings highlight the importance of adopting a substantive approach in formulating inclusive public policies that can strengthen social harmony in Indonesia. This approach also offers a new foundation for the development of Islamic political thought that is more relevant to the challenges of the times.

Laras Annisa Ulfitri Nedi; Nita Astuti; Santi Susanti

International Journal of Economics and Accounting 2024 International Forum of Researchers and Lecturers

One critical component in the rapidly expanding halal tourism industry is the existence of hotels catering to the needs of Muslim travelers, known as Sharia-compliant hotels. Operating within the framework of Islamic law, these hotels bear the responsibility of managing funds in accordance with Sharia principles. The management of non-halal funds within such establishments presents a complex challenge that necessitates careful consideration to ensure compliance with Islamic values while addressing financial and social aspects. This study aims to provide insights into strategies for managing non-halal funds in Sharia-compliant hotels within the framework of Corporate Social Responsibility (CSR) and from the perspective of Islamic economic law. Using a qualitative research approach with descriptive analysis through a literature review, the findings indicate that the legal status of non-halal funds may be permissible if allocated for general public welfare. Recommended management strategies include adherence to the PSAK 101 accounting standard and the application of Tafriq Shafqah principles through CSR initiatives. Non-halal funds are optimally distributed for social welfare (maslahah wa tashrif al-‘ammah) such as empowering local communities through education and training, supporting zakat and charity programs, promoting sustainable environmental management, ensuring fair employment opportunities, fostering local economic development, and enhancing public education and awareness. These efforts not only enhance the positive reputation of Sharia-compliant hotels but also contribute significantly to the economic, environmental, and social well-being of the broader community.

Juvent Ade Pratama; Rayyan Firdaus

Jurnal Inovasi Ekonomi Syariah dan Akuntansi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Implementation of sharia accounting principles in company financial management is important in the current context of economic globalization. Literature studies show that these principles not only cover aspects of compliance with sharia law, but also emphasize transparency, fairness and sustainability in business practices. The application of sharia accounting principles aims to ensure that all company financial activities are in accordance with Islamic ethical values, such as the prohibition of usury, speculation and other unethical practices. This not only increases company compliance with religious laws, but can also increase trust from investors and the general public. Some of the main principles applied in sharia accounting include transparency in financial reporting, avoidance of usury, fairness in the distribution of profits and losses, as well as consideration of social and environmental aspects. By applying these principles, companies can create a business environment that is more sustainable and oriented towards the values ​​of justice. Literature studies also show that challenges in implementing sharia accounting include the lack of clear international standards, as well as complexity in the interpretation of principles that vary between countries. However, the long-term benefits of implementing these principles are expected to provide significant added value both in terms of finances and company reputation.

Yuni Kartika; Fawza Rahmat; Maisarah Leli

Transformasi: Journal of Economics and Business Management 2024 Universitas 17 Agustus 1945 Semarang

Bandarejo Tofu Factory, Dusun 3 is an example of a micro-enterprise that has developed by utilizing local resources. From an Islamic economic perspective, the development of this business reflects the application of sharia principles, such as justice, social welfare, and sustainable resource management. Islamic economics emphasizes the balance between profit and fair distribution, and avoids detrimental practices, such as usury and monopoly. This factory plays a role in creating jobs and supporting the local economy by using soybean raw materials from local farmers. The production process that is in accordance with Islamic law makes this business meet the halal criteria, while its orientation towards social desires and responsibilities reflects the values ​​of Islamic economics. However, the main challenge faced is maintaining Islamic ethical principles, such as honesty in transactions and concern for worker welfare, amidst competitive economic competition. This study aims to analyze the dynamics of the development of the Bandarejo Tofu Factory, Dusun 3 from an Islamic economic perspective, in order to contribute to the development of micro-enterprises based on sharia values. This study uses a qualitative approach with primary data obtained through interviews and documentation. The main informant is the factory owner, Mrs. Atin. Data analysis techniques include data reduction, data presentation, and drawing conclusions. The results of the study indicate that the development of the Bandarejo Dusun 3 Tofu Factory has made a significant contribution to the community's economy through marketing and capital strategies. In addition to increasing economic income, this business also absorbs local workers and helps reduce poverty levels in the Bandarejo Dusun 3 area.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dista Suryana Putri; Rindi Rahayu; Teuku Ardhan Wardhana

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Handling terrorism cases in Indonesia requires a careful approach considering the diversity of applicable legal sources, especially Islamic Law and Pancasila. This article explores harmonization efforts between the two legal systems in the context of countering terrorism. Islamic law, with its principles that emphasize justice, security and protection of society, offers an approach based on restoration and enforcement of social norms. On the other hand, Pancasila as the basis of the state and national ideology provides a normative framework that emphasizes unity, social justice and human rights. This study analyzes how the principles of Islamic law can be integrated with the Pancasila legal framework to create an effective legal system in dealing with terrorism. The research focus includes a review of existing laws and regulations, policies for handling terrorism, as well as the implementation and implementation of the law in practice. This article also identifies challenges that may arise in the harmonization process, including potential conflict of norms and differences in interpretation between Islamic Law and Pancasila. This study aims to provide strategic recommendations for policy makers and law enforcement officials to create a more holistic and harmonious approach in dealing with terrorism. It is hoped that the integration of the values of Islamic law with the principles of Pancasila can strengthen efforts to prevent and overcome terrorism, as well as maintain the diversity and unity of the nation. Thus, this research contributes to the development of legal policies that are more inclusive and fair, in accordance with the Indonesian social and cultural context.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Cahya Juwanti Arum Sari; Nurmi Syahidah; Rifky Azuan Syahlevi

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The relationship between citizenship, human rights, national law, and Islamic law. Citizenship provides a formal basis for individuals in a state, while human rights are fundamental rights guaranteed by the constitution and international instruments. Islamic law also emphasizes the protection of human rights based on the principles of justice and dignity. This study compares how national law and Islamic law regulate citizenship and human rights, and seeks how both can complement each other in strengthening the protection of individual rights in Indonesia. With a normative and comparative legal approach, it is hoped that this study can contribute to creating an inclusive, just, and humanist legal system that respects diversity and moral values, and is able to handle contemporary issues such as the protection of minority groups and women's rights.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Karina Cahyawati; Kurnia Al Fiyatur Rohmaniyah; Choirunnisa Puspita Dewi

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to explore the influence of Pancasila in Islamic criminal law reform, focusing on efforts to combat terrorism. Using a qualitative approach, this research collects and analyzes various literature sources and relevant legal documents. In addition, document analysis was conducted to evaluate existing policies and practices, as well as challenges in the application of Pancasila principles. The results show that the integration of Pancasila can strengthen Islamic criminal law by ensuring a more just and humane application in dealing with terrorism. However, there are challenges in the reform process, including differences between sharia and Pancasila principles and implementation issues. This research recommends in-depth reforms, development of oversight mechanisms, and increased dialogue between relevant parties to create a more effective legal system that is in line with Pancasila values. The findings provide important insights for Islamic criminal law reform that is more harmonious and responsive to the threat of terrorism. The research method used is normative legal research with statutory, conceptual case, historical and comparative approaches.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Irfan Ammar Najib; Khanafi Rizki Pratama; Yuliana Fajar Nur Hidayati

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the concept of dual citizenship in the perspective of Indonesian positive law and Islamic law. Dual citizenship refers to the legal status in which a person is recognized as a citizen by more than one country, a phenomenon that is increasingly relevant in the era of globalization. In Indonesian positive law, dual citizenship is generally not recognized, except in special cases such as children from mixed marriages. However, increasing global mobility and individual rights have prompted discussion on the need for wider recognition of dual citizenship. Meanwhile, Islamic law provides a more flexible approach by considering the maqasid al-shariah principle which emphasizes the protection of basic human rights. Through a normative juridical and sociological approach, this research explores how the two legal systems deal with dual citizenship and what the implications are for individuals as well as the state. A comparative study of dual citizenship Dual Citizenship, Positive Law, Islamic Law, Maqasid al-Shariah, Citizenship Regulation practices in several other countries, such as the United States, Canada, Egypt and Pakistan, was also conducted to gain greater insight and understand the best practices that can be adapted in Indonesia. The results show that despite resistance to dual citizenship, its implementation can provide significant benefits, both in terms of protecting individual rights and strengthening international relations. Therefore, it is recommended that Indonesia consider a more comprehensive and inclusive policy regarding dual citizenship, which is in line with positive legal values and Islamic legal principles. This research can hopefully serve as a reference for policy makers and academics in developing regulations that are adaptive to global dynamics.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Fadli Muhsin Setiawan; Lailatun Hasna; Nanda Nurmayanti

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study compares national and Islamic law on citizenship and legal protection for minority groups. Citizenship determines the basic rights of individuals, while minority groups often face discrimination in national and Islamic legal systems. This research explores the protection of minorities in international human rights-based national law and Islamic law through the concept of ahl al-dhimma. Case studies from India, France, Saudi Arabia and Tunisia show a variety of approaches, such as the controversial CAA in India, the laïcité principle in France, and conservative and progressive interpretations of Islamic law in Saudi Arabia and Tunisia. The results highlight the challenges of implementing equal protection in both legal systems due to political and social dynamics. In conclusion, inclusive policies based on interfaith and cross-cultural dialogue are needed to strengthen minority rights globally.

Ashfiya Nur Atqiya; Ahmad Muhamad Musta'in Nasoha; Aulia Nafiul Khoiriyah; Affan Tafta Naufalianto; Furqon Abdul Hakim

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to conduct a comparative analysis between national law and Islamic law, focusing on the principles, implementation, as well as the differences and similarities between the two in social, political, and cultural contexts. National law in Indonesia is a combination of customary law, colonial law, and modern law derived from Western legal systems, while Islamic law originates from Sharia, based on the Qur'an and Hadith. In certain areas, such as family law, civil law, and criminal law, these two legal systems exhibit distinct approaches, both philosophically and technically. The study finds that while national law emphasizes secularism and state sovereignty, Islamic law places greater emphasis on moral and divine justice. However, in the Indonesian context, both legal systems sometimes operate in parallel or undergo processes of adaptation and accommodation. This research contributes to a deeper understanding of the dynamics of the interaction between national law and Islamic law, as well as how both influence the judiciary and society in general.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Aginra Falah Istiqomah; Muhammad Hazib Khoironi; Syahru Fajar Ibrahim

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Islamic criminal law significantly contributes to shaping a civilized citizenry through the enforcement of principles of justice, responsibility, and respect for human rights. This article aims to analyze how Islamic criminal law, with a maqasid al-shariah approach, provides a moral and ethical foundation for developing individual character as part of a civic community. The study identifies the core elements of Islamic criminal law, such as the concepts of hudud, qisas, and ta'zir, and examines their implementation in the context of a modern pluralistic state. Using a normative-juridical method and a comparative approach, this article explores the harmonization of Islamic criminal law with the positive legal system in Indonesia. The findings indicate that Islamic criminal law not only seeks to uphold legal justice but also aims to build a society rooted in ethical and civilized values. Integrating these values into national legal policies has the potential to strengthen a civic identity that is religious, just, and civilized, while respecting societal diversity. This article recommends enhancing Islamic legal education as a strategic effort to create synergy between Islamic criminal law and the development of exemplary citizens.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Afina Mahbubah; Zahra Adinda Khoirunnisa; Fitri Aryansyah Azzahra

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This consider explores the exchange between citizenship and the flow of political and Islamic law in Indonesia, the world’s  biggest Muslim-majority nation with a complex legitimate framework. The essential center of this inquire about is to get it how Islamic values are coordinates into open approach and the national lawful system, and their affect on administrative forms and national identity.Employing a mixed-methods approach, this consider utilizes subjective examination through in-depth interviews with legitimate specialists and policymakers, as well as quantitative examination of later approach information and enactment. Furthermore, the investigate compares the flow in Indonesia with encounters from other nations with blended lawful frameworks, such as Malaysia and Turkey, and investigates the challenges confronted in adjusting Islamic law with human rights.The key discoveries uncover that the integration of Islamic law inside Indonesia's national lawful framework presents both challenges and openings, especially within the domain of social arrangement usage and person rights security.  Moreover, the impact of Islamic legislative issues on the authoritative prepare contributes to the arrangement of approaches that reflect devout values. This investigate highlights the require for a adjust between devout standards and human rights, and its suggestions for national character and pluralism in Indonesia.The ponder gives important bits of knowledge for policymakers, scholastics, and lawful professionals in understanding the complex elements between Islamic law and open approach in a multicultural nation. It is expected that this investigate will contribute essentially to endeavors in legitimate change and the advancement of more comprehensive and evenhanded arrangements in Indonesia.

Ashfiya Nur Atqiya; Ahmad Muhamad Musain Nasoha; Iqbal Ubaidillah; Nabil Dwi Nurjannah; Tiara Amalia +1 more

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to explore the relevance of Pancasila in the formation of Islamic law in Indonesia through the perspective of legal syncretism. Using qualitative research methods and a normative approach, this study analyzes the interaction between the values of Pancasila and the principles of Islamic law in an effort to create a harmonious and inclusive legal system. In the Indonesian context, Pancasila as the state ideology plays an important role as a normative framework that can integrate Islamic law with national principles, such as justice, unity, humanity and divinity.Through a literature study and in-depth interviews with jurists and theologians, this research found that there is harmony between the values of Pancasila and the basic principles of Islamic law, which allows for legal syncretism. In addition, this research shows that the application of legal syncretism can be a solution in overcoming challenges arising from differences in the interpretation and application of Islamic law within the framework of the Pancasila state. The research also concludes that strengthening legal syncretism through a normative approach can support the development of a legal system that is more adaptive and responsive to the dynamics of Indonesia's multicultural and multireligious society.

Ahmad Muhammad Musain Nasoha; Asgfiya Nur Atqiya; Aishka Prita Fitriani; Eriza Fitria Novika; Tiara Anggi Sholihah

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the integration of Pancasila values ​​in fatwas issued by the Indonesian Ulema Council (MUI) regarding Islamic law, with the aim of understanding how the country's basic principles are accommodated in religious decisions that have a broad influence on society. Considering that the MUI plays a significant role in providing legal and moral guidance for Muslims in Indonesia, the fatwas it issues not only reflect an understanding of Islamic law, but must also be in line with the normative framework of Pancasila. This research uses a qualitative approach with analysis of the texts of fatwas issued by the MUI in the last five years, as well as in-depth interviews with experts in Islamic law and Pancasila. The research results show that, although the MUI attempts to integrate Pancasila values, there are several challenges in implementing these values, especially related to issues involving religious pluralism, human rights and social justice. The integration of Pancasila in the MUI fatwa is not only important to maintain social harmony amidst Indonesia's diversity, but also to ensure that the application of Islamic law can contribute to inclusive and just national development. Therefore, the MUI is faced with the crucial task of continuing to develop a more contextual and inclusive approach in formulating fatwas, so that it not only fulfills the demands of sharia, but also supports the nation's ideals as mandated by Pancasila.