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Syahrando Muhti; Reky Yuliansyah; Trianda Lestari

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

There are 3 forms of inheritance systems in Indonesia, namely Islamic inheritance, customary inheritance and civil inheritance (BW). There are various different division systems and different sources. Islamic inheritance law is based on the Koran and the Prophet's Sunnah, customary inheritance law. based on customary/hereditary provisions, while civil inheritance is based on the provisions of civil law regulations part book II. However, in the division of inheritance there are still problems that occur, giving rise to conflicts and even inheritance disputes. This research uses legal theory, quoted from the opinion of expert Santoso Pudjosubroto, who believes that inheritance law is a law that regulates whether and how the rights and obligations regarding a person's property when he dies will be transferred to other people who are still alive. This research method uses a normative method by referring to regulations in the inheritance law distribution system, such as the Compilation of Islamic Law, customary law, and BW. So the title that can be drawn from this research is Problems in the Implementation of Inheritance Division.

Bagas Rio Adi S; Ahmad Junaidi; Busriyanti Busriyanti

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Apart from being regulated by Islamic law, in Indonesia marriage is also regulated by the state, as is the registration of marriages which is regulated by article 2 of Law No. 1 of 1974 concerning marriage. These regulations were not made without reason, but these regulations were made to ensure orderly marriages for the Islamic community in Indonesia. The practice of unregistered marriages is based on different reasons, whether due to economic factors, not wanting to have difficulties with marriage administration, and so on. The research method used in this work is normative legal research or what can also be called literature study with various data sources which are then analyzed in depth and presented descriptively. Until we reach a simple conclusion that according to positive state law, a wife is not considered a legal wife, because there is no authentic evidence, because in the Compilation of Islamic Law the truth about the existence of a marriage can only be proven by the existence of a "marriage certificate" made by a Marriage Registrar.

Arfian Suryasuciramdhan; Della Meira; Elok Kemala Motik; Deswita Fitrianti

Filosofi : Publikasi Ilmu Komunikasi, Desain, Seni Budaya 2024 Asosiasi Seni Desain dan Komunikasi Visual Indonesia

Film is a part of mass media communication is audio-visual and aims to convey a certain social or moral message to the audience. The method used in this study is a descriptive qualitative method using literature. The Film” KIBLAT " released its poster on March 21, 2024. The Poster became controversial because it was considered to contain content that was not in accordance with Islamic law. MUI considered that the film was not in accordance with Islamic law and had the potential to mislead the people. The Indonesian Ulema Council issued a letter of Appeal Number 01/MUI/II/2024 dated March 23, 2023 prohibiting the screening of the film “KIBLAT” is also not allowed.

Iga Diah Ipangga; Febriyeni Febriyeni

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Choosing friends is the process of determining friends in everyday life, so that they make friends in accordance with Islamic religious law. This research seeks to determine the analysis of Naqd al-khariji and Naqd al-dakhili hadith arrujulu 'ala dini khalilihi. This research is qualitative in nature with a hadith science approach, such as the study of takhrij hadith and tahlili hadith on choosing friends. This research is included in library research by analyzing data descriptively and containing the analysis of the hadith arrujulu 'ala dini khalilihi, both from the analysis of the naqd al-khariji and naqd al-dakhili hadith. The results of the Naqd al-Khariji analysis research found the quality of Hasan hadith, it was proven that the narrator named Zuhair bin Muhammad had a shaduq assessment and there was 'illat in the path of Imam Ahmad bin Hanbal on page number 303, namely that the narrator named Mu'amil was not connected to the teacher. named Zuhair bin Muhammad causes this hadith to be dha'if, but there are other authentic narrations, so the quality of this hadith rises to a hasanic hadith. Meanwhile, the analysis of Naqd al-Dakhili includes an explanation of the contextualization of hadith which is able to provide an understanding of choosing friends based on their religion, one of which is friends who have pious and ascetic qualities, namely friends who are able to have a good influence and impact on other friends, as well as friends who are able to improve their quality. to always carry out the commands of Allah Ta'ala and abandon things that He has forbidden.

Haliza Nur Madhani; Maulina Maulina; Muhammad Wildan; Surya Sukti

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

Islamic criminal law is one part of Islamic law that originates from the Qur’an, Hadith, and ijtihad of scholars. Legislation of Islamic criminal law in terms of its application, there are pros and cons responses from the public in countries that adhere to a secular legal system. In Indonesia, Islamic criminal law legislation is not universally applied, but there are several aspects and provisions that have been accommodated into positive law, and only applied in areas with certain special autonomy authority, such as Aceh. In several Muslim countries, Islamic criminal law is strictly and thoroughly applied, namely in Saudi Arabia, Iran, Libya, Pakistan, and Sudan. In addition, some other Muslim countries that apply Islamic criminal law flexibly are Malaysia, Egypt, Syria, Iraq, Jordan, Tunisia, and Algeria. The purpose of this research is to analyze the legislation of Islamic criminal law in Indonesia and Muslim countries. The research method used is qualitative method by conducting literature study on various sources and relevant data. The result of the research shows that the legislation of Islamic criminal law in several Muslim-majority countries is implemented in various ways, such as strict and overall, flexible, gradual, developing, or only applied in certain cases.  

Muhammad Afriza Rifandy; Muhammad Defri; Syaifullah Syaifullah; Surya Sukti

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

As the main source of law in Islam, the Qur'an has described various types of criminal offenses and their punishments, which are called Jarimah. This is relevant to the aim of enacting God's laws on this earth for the benefit and happiness of humans themselves. The provisions of sanctions that Allah gives to the perpetrator of the abuse are not intended to take revenge for what he has done, but rather to fulfill the rights of Allah and the rights of the persecuted family as a form of justice, providing a deterrent effect and protecting the public. As amukallaf, humans should obey and submit to the sharia rules that Allah has established in the Qur'an in order to be safe from sanctions both in this world and in the afterlife. The crime of theft is a violation of social norms, both state legal norms and religious norms. Any religion does not justify its followers stealing, because it will be detrimental to the victim and social order (Iqbal, 2021). In the Indonesian Criminal Code, the crime of theft is written in the Criminal Code (KUHP), Volume XXII II, Articles 362-367, Crime of Property, which has various types and sanctions for theft. (Lutfi, Kurniaty, Basri, & Krisnan, 2022). According to crime statistics published by BAPPENAS, the level of property crime or theft in Indonesia increased during 2012-2013, with 25,036 cases in 2012 and 25,593 in 2013. (Aeni, 2021). If we look at other countries, countries that follow the rules of Islamic law, namely Saudi Arabia, the application and provisions of this country's laws are derived from the rules of the Islamic religion, which uses the Koran and Hadith as sources of law. to take the law. According to the Arab Social Defense Organization, Saudi Arabia has much lower rates of property or theft than in Arab countries such as Syria, Sudan, Egypt, Iraq, Lebanon and Kuwait, which do not implement Islamic criminal law. The rate of property crime or theft in these six countries is much higher, namely 650 times higher than Saudi Arabia. (Fitrah, 2021). The problem is that ordinary people do not have a deep understanding of Islamic criminal law. People will only feel that Islamic criminal law fines are sadistic, inhumane and violate human rights. It is believed that any theft must be sanctioned, or the punishment is amputation, although certain conditions must be met in Islamic law for amputation to be punishable. (Muhammad Wahyu, 2018). The Indonesian Criminal Code and Criminal Code have different legal systems and sanctions for perpetrators of theftAbstracts consist of abstracts in English and abstracts in Indonesian. The abstract uses Garamond letters (10 pt) with a word count of 150 to 300 words. Abstracts must be concise, clear and complete. The abstract must contain the research objectives, methods, results (findings) and recommendations.

John John; Melvin Mirsal; Ibni Aura; Dendy Tri Novarizal; Dian Khalisyah Fazri

Abstrak : Jurnal Kajian Ilmu seni, Media dan Desain 2024 Asosiasi Seni Desain dan Komunikasi Visual Indonesia

Mosques are one of the important elements in the structure of Islamic society. For Muslims, mosques have great significance in life, both physically and spiritually. The word Masjid itself comes from the word sajada yasjudu-masjidan which means place of prostration. Every Muslim may pray in any area except over graves, in unclean places and places that according to Islamic law are not suitable for prayer. Sign system is a series of visual representations that aim as a medium of human interaction in public space. Al-Huda Mosque is a public facility used by the community around Dusun VII Kelurahan Kelumpang, but also used by the general public who pass through the area. But Al-Huda Mosque does not have an adequate sign system so that sometimes the general public who cross the area to just ride prayers are sometimes confused to know the facilities contained in the mosque. This study uses 5W + 1H data analysis techniques with the aim that the community around the mosque or the general public who pass through the area know the facilities contained in the mosque. The design results are in the form of stickers and acrylic boards that will be displayed in certain places in Al-Huda Mosque.

Farizki Alam; Salsabella Vanisa Putri; Grace Oktavia; Anggita Yuniar; Anida Ayu Aminati

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

  This research focuses on the values ​​of the existence of the sekaten tradition in the perspective of customary law and Islamic law, as stated in article 18B paragraph 2 which states that "The state recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with with the development of society and the principles of the Unitary State of the Republic of Indonesia." and also article 28 paragraph 3 which emphasizes that the cultural identity and rights of traditional communities must be respected along with developments over time. The method used in this research is Library Research, which means dissecting the value of the existence of the sekaten tradition and the formation of customary law and Islamic law. Customary law and Islamic law have become part of the positive legal system in Indonesia. In the formation of positive law in Indonesia, both customary law and Islamic law were recognized and integrated into the national legal framework. Islamic law encourages Muslims to create a just and harmonious society where individual interests do not outweigh social interests. These ideas are consistent with traditional beliefs that highlight the importance of community, solidarity, and mutual aid in society. However, it is important to realize that how Islamic law is interpreted and implemented varies across societies and countries.

Ania Nasyira; Faiza Nisrina; Roselia Ariyanti

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Early marriage is a practice that still occurs frequently, especially in Indonesia. Even though in Indonesia there has been legal certainty regarding the age limit for couples who will marry in the form of statutory regulations, one of which is the Marriage Law, in reality the practice of early marriage continues due to various factors, including cultural, economic and lack of education. This research aims to analyze the impact of early marriage on the quality of family life based on the perspective of Islamic law, as well as to examine the views of the Imams of the School regarding early marriage and how the views of these Imams influence the practice of early marriage in Islamic society. By using research methods through a juridical approach and supported by primary and secondary data collection techniques, this research is aimed at providing a comprehensive understanding of the influence of early marriage itself. Based on the research that has been carried out, the results obtained are that early marriage causes more negative impacts than the benefits obtained. These negative impacts include aspects of biological, psychological, social and deviant sexual behavior. Apart from that, there are differences of opinion from Imams regarding the age limit for a person's maturity so that society must really consider the readiness of the child they are going to marry, especially in economic, biological and psychological terms.

Haidar Danendra Febrian Ar Rafi; Khanza Aoera Dievana; Dimas Herdian Nugrahimsyah; Sandrina Rahma Nurvita; Fadhilah Dzakwan Syarif

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

Local wisdom is considered as part of the culture and identity of indigenous peoples, which contains values, norms, ethics, beliefs, customs and traditions developed through social and cultural interactions. This research focuses on one of the traditions in Indonesia, namely the larung offering ceremony. Larung offerings is a religious ritual as a form of gratitude to God. In this research, it was found that the Javanese Blitar indigenous people still maintain the tradition of larung offerings as part of their culture and beliefs. The research method used is a literature study by collecting data from written sources. The purpose of writing this article is to find out the existence of the Blitar Javanese traditional community carrying out offerings and how customary and Islamic law influences this process.

Muhammad Jamaludin; Hafid Gunawan; Indra Ezha Nor Rizhal; Surya Sukti

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

Changing religions in Arabic is called Riddah. Meanwhile, apostate refers to the perpetrator, namely the person who is an apostate. Riddah linguistically means Ar-rujū'u 'ani al sya'i ilā ghairihi (turning from one thing to another). According to the term, it means leaving Islam to disbelief, either through actions, words, i'tiqad or doubt. Such as believing that Allah SWT, the Creator of Nature, does not exist, Muhammad SAW's apostolate is not true, it justifies actions that are haram, such as adultery, drinking alcohol and wrongdoing, or forbids things that are halal, such as buying and selling, marriage, or denying obligations that agreed upon by the entire Muslim community, such as denying the five daily prayers, or showing behavior that shows that the person concerned has left the Islamic religion, such as throwing the Koran into a landfill, worshiping idols and worshiping the sun.

Vichi Novalia; Laudza Hulwatun Azizah; Novinda Al-Islami; Surya Sukti

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

This article examines the issue of jarīmah ta'zīr as one of the dimensions of Islamic criminal law which has flexibility in its application. In contrast to ḥudūd and qisāṣ whose rules are very clear and detailed in the Qur'an, ta'zīr is not set clearly in the Qur'an. Therefore, the ijtihad of a ruler or judge to determine the type of crime and jarimah that can be punished (ta'zīr) and the type and form of punishment is really important. The flexibility of ta'zīr allows to accommodate the complex form of crime such as gratification, corruption, sexual harassment, drugs, and pornography. But ta'zīr also opens the opportunity for the tyranny of the government in punishing a person. This article offers the need for ta'zīr by making qanun like in Aceh.

Arifudin Arifudin; Muhamad Sidqi Mauludin; Rofi Uddarojat; Prasetiyo Yulianto; Muhammad Rifqi Hidayat

Jurnal Riset dan Publikasi Ilmu Ekonomi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Islamic consumption is the activity of using or utilizing goods or services that are guided by Islamic values. There has been a lot of research that examines Islamic consumption, but there is still little research that discusses Islamic consumption from the perspective of Markash law. Documentary research is a research method where the researcher is present and plays a role in collecting data, processing data, presenting and analyzing data, and writing conclusions. The findings show that Islamic consumption must adhere to principles such as sharia or divine principles, the principle of quantity accuracy, the principle of prioritization of needs, and moral principles. Meanwhile, in Islamic law, Islamic consumption must be able to achieve the preservation of religion, the preservation of lineage, the preservation of reason, the preservation of soul, and the preservation of property. All the principles contained in Islamic consumption are intended to make Muslim consumption a form of worship, provide benefits and eliminate evil in accordance with sharia law.

Ghina Aulia Rizky; Mita Mita; Radiatul Hafifah; Surya Sukti

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

Khamar is a drink that has the potential to be intoxicating if consumed at normal levels by a normal person, it is unlawful to drink it. Consuming wine contains a major sin, although there are benefits in human life, but the harm is greater than the benefits. Khamar is regulated in Islamic criminal law because consuming it is an offence. The aim of this research is to analyze the punishment for perpetrators of the crime of khamar in Islamic criminal law. Jarimah drinking alcoholic beverages (khamr) is a case of jarimah hudud, and is threatened with a had punishment, namely the punishment of not less than 40 lashes and may be more. According to the agreement of the ulama, the punishment for those who drink khamr was initially 40 (forty) lashes. Meanwhile, the friends agreed to stipulate 80 (eighty) lashes for reasons of benefit. With the existence of the law of law, more and more people will experience the deterrent effect of drinking alcohol.

Nor Harika; Dina Safitri; Nina Nirmalasari; Surya Sukti

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Islamic criminal  or Fiqh Jinayah regulates criminal activities carried out by Mukhallaf. This act is classified as a criminal act because it disturbs the public and violates the rules of the Koran and Hadith.The aim is to enforce Islamic law for the benefit of the people. This crime is called jarimah and is punished with ukubah. Jarimah is divided into Hudud, Kishash, and Ta'zir. The difference in types of jarimah lies in the rights permitted. Hudud violates Allah's rights and Kishash violates individual rights. Ta'jil is a mixture of both. An example of Jarimah Kishash and Diyat is murder.

Zaki Perdana Mulia; Ersi Sisdianto

Jurnal Ekonomi, Akuntansi, dan Perpajakan 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

In financial and economic management activities, the term banking is often known, both conventional banking and Islamic banking. Islamic banking is a financial institution that plays an important role in managing people's funds. Islamic financial institutions generally have a variety of products offered to the public. In banking activities, there are two main functions of the bank, namely as a savings and loan institution. The purpose of this article is to discuss and analyze related to one of the Islamic bank products, namely loan products that apply the Qardh contract to Islamic financial institutions. The results of the study indicate that the implementation of the Qardh contract in Indonesia is adjusted to the pillars, qardh requirements, and shigat qardh. Qardh contract can be interpreted as a loan that must be returned in the same amount with a certain pre-agreed period. In other words, Qardh is a loan without profit. If it is technically reviewed, then this loan will be given to someone or a sharia financial institution to another person who is used for emergency or urgent needs. The implementation of sharia accounting with Qardh contracts in Indonesia is guided by Law Number 21 of 2008 concerning Sharia Banking in Article 35 paragraph (1) which states that in practice sharia banking is required to implement the 5C principles, namely character, capacity, capital, condition of economy, and collateral.

Gema Permana Rahman; Muhamad Afifullah; Eriz Syawaldi; Irwan Triadi

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

Used goods are often considered garbage, but waste management is a serious problem in Indonesia, especially with increasing waste consumption and high poverty rates. Bank Sampah is emerging as a solution by managing used goods that have economic value, governed by environmental regulations. Although Bank Sampah is growing, there is no clear regulation on the legal entity used, especially in cooperation with third parties. Waste Bank with a sharia financial system has also emerged, but it is not yet clear in accordance with the applicable sharia banking regulations. The approach method used is normative juridical, analysing laws and regulations through literature study with the main study material in the form of regulations and secondary and tertiary materials. The results showed that the Waste Bank is a government solution with the 3R principle, involving the participation of the community, business entities, and local governments. Islamic Waste Banks such as iqtishadia in Pasong Village, Sumenep, are not only a place for collecting waste, but also conduct community assistance programmes. The Waste Bank helps alleviate poverty and the environmental law approach is key in achieving effective structuring and improving the environment.

Fitria Agustin; Rokilah Rokilah

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The Qur'an's attention to the family is shown by the many verses that talk about family problems, from marriage problems to the problem of dividing inheritance. It is not only shown by the details of family problems regulated in it, but also by the verses that talk about various family rules. The facts that occur regarding marriage sometimes give rise to multiple interpretations among experts and the public, especially among Muslims. This article focuses on a review of Fiqh Rules or specifically Legal Rules (Qawaid al Ahkam) which are applied to resolve practical problems in Family Law. This rule classifies similar problems into one specific rule based on sources from the Koran and Hadith which are expected to make it easier to understand and resolve problems related to Family Law with normative application, namely Legislation on Marriage. This type of qualitative normative juridical research is research that refers to legal norms contained in legislation and norms that live and develop in society. The research results show that 1) The legal principles applied in Marriage law in Indonesia are the principle of monogamy, the principle of consensuality, the principle of proportionality and the principle of complete unity; 2) Fiqh rules in Islamic Family Law are applied in the Marriage Law with the aim of solving community problems within the scope of family and marriage law.

Dinda Rachma Aditya; Inayatuzzahra Inayatuzzahra; Aristya Nadya Azhari; Salsa Arfa Nabillah; Cantika Asnanti

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Given Aceh's rich Islamic cultural traditions and foundations, reading the Quran is frequently regarded as a crucial prerequisite for future leaders in the area. The purpose of this study is to examine the significance of this skill in relation to politics, Islamic law, and customary law in Aceh. In order to provide a thorough knowledge of the problem from legal, social, cultural, and political perspectives, the study examines the perspectives of Acehnese society using empirical juridical research methods. It also reviews the pertinent legislation and the legal foundation. According to the research, the community expects leaders who comprehend and uphold Acehnese customary law and culture, and reading the Quran is considered a sign of good leadership abilities

Yeni Zuryaningsih; Febri Yanti

Misterius: Publikasi Ilmu Seni dan Desain Komunikasi Visual 2024 Asosiasi Seni Desain dan Komunikasi Visual Indonesia

This research is entitled "Analysis of Character Education Values ​​in the Ratoeh Jaroe Dance in Extracurricular Learning at SMA Negeri 3 Banda Aceh". This research raises the issue of the value of character education in the Ratoeh Jaroe Dance in extracurricular activities. This research aims to analyze and describe the value of Ratoeh Jaroe Dance character education in extracurricular activities. The type of research used in this research is descriptive with a qualitative approach. The results of the research show that there is value in character education found in various movements, verse, floor patterns, fashion and make-up. The value of religious education is found in the various movements (saleum, aamiin and sep-sep), while in the verse namely (saleum, aamiin, lamburak, hasan summa husein, aroh pulo pineung and sep-sep), the dress code is in accordance with Islamic law. The educational value of nationalism is found in the various movements of the jakku timang, while in the verse namely the jak hai tajak and in traditional clothing. The value of independent education is only found in the verse of Hasan Summa Husein. The value of mutual cooperation education is found in the various movements (jak hai tajak, kasep kapot, uleue-uleue beu mate, lamburak, peulot manok, aroh pulo pineung, and uroe), and in the verse namely uleue-uleue beu mate and uroe. The value of integrity education is contained in the verse (jakku timang, kasep kapot, and peulot manok), and is found in a dancer namely Syeh.