scholarly journals Fiqih Sebagai Traffic-Light : Cermin Formulasi Fiqih ‘Umar Ibn Al-Khththab

2019 ◽  
Vol 15 (1) ◽  
pp. 1-15
Author(s):  
Duski Ibrahim

This paper is entitled Fiqh as Traffic-Light: Mirror of Fiqh Formulation ‘Umar ibn al-Khaththab. The author wants to express the original fiqh that was advanced by the scholars and the majority of ‘Umar ibn al-Khaththab through the study of literature. This literature research study, therefore, uses qualitative data. The data is analyzed with relevant rules, especially Islamic maqshid rules. Based on studies and research conducted, the results are obtained that: First, fiqh is the result of human thought about Islamic law which is understood from the arguments of the Sunnah Al-Qur'an. Therefore, it can be used with a variety of considerations, making it suitable for every time and every place. Second, according to ‘Umar ibn al-Khathtab, the second Caliph, fiqh was the same as traffic light. Traffict-light work for traffic, while fiqh is done as a regulator of the journey of human life. The purpose of traffic-light is to realize the benefit of cross-country, while fiqh is to realize the benefit of human life. Therefore, if it cannot realize benefit, it can be shifted in a way that will bring benefit.

2021 ◽  
Vol 17 (1) ◽  
pp. 145-158
Author(s):  
Gasim Yamani

Ham as an agreement made by humans, has legal force that is recognized by the whole world. On the other hand, Islam as a religion also has a source of law that regulates human life and of course the laws regulated in Islam are in the name of God and justice. Human rights debates often occur when Islamic law wants to be applied, for example, cutting hands, capital punishment and so on. Though the punishment is in the name of God and justice. This is the object of a research study on how Islam views human rights, this study has also been carried out by several researchers such as Sitti Aminah's writing with the title "Human Rights in the Perspective of the Qur'an", besides that there is an article from Nur Asiah who wrote an article with the title Rights Human Rights Perspective of Islamic Law. Although these two articles write about human rights, there is a difference with this research, which lies in the methodology and discussion. The methodology used is the comparative method, which means that comparisons between several cases of Islamic law and ordinary legal cases such as imprisonment and hand cutting are compared. The conclusion from the results of this study or this paper is that human rights and Islamic law both want to create justice, only that the difference between the source of the decision is if human rights are in the name of human justice while Islamic law is in the name of God and justice.


Syntax Idea ◽  
2021 ◽  
Vol 3 (11) ◽  
pp. 2457
Author(s):  
Muhammad Nasir

In zama then until now the study of philosophy has many orientations that are still abstract, but social life is a reality of life or facts that naturally occur and must be lived byhumans. The purpose of this research is to provide support to other scientific progress processes and try to find answers to human problems arising from rapid technological advances. The answer to science to human needs is the benefits of science for humans. writing this article uses the method of literature research study (Library Research),in addition to using the development ofliteracy and subsequent reading analysis using the method of content analysis  (Contect Analyisis). Science is essentially neutral depending on humans. Axiologically, humans can determine and give judgments about the usefulness or absence of a science. Therefore, in the axiological side, science must make a more beneficial contribution to human life. This journal seeks to explain how axiology as one of the main pillars of philosophy reveals the benefits of science for humans


2019 ◽  
Vol 9 (1) ◽  
pp. 23-48 ◽  
Author(s):  
Sulkhan Zainuri

the material law for the cancellation of Islamic marriages in Indonesia still requires further research considering there is a pluralism of regulations relating to it, namely Undang-undang no. 1 tahun 1974 concerning Marriage and Compilation of Islamic Law. This literature research study concludes that there is a dualism in terms of the termination of marriage in legislation, namely; the marriage is null and void and the marriage can be canceled so that it affects the legal status of husband and wife. However, due to the laws that are regulated remain the same, which is related to the status of children, property and third parties.


Author(s):  
Zilfania Rahmawati ◽  
Ashif Az Zafi

<p><em>The practice of euthanasia in medicine has become a topic that raises various discussions when viewed from different points of view.</em><em> </em><em>The existence of differences of opinion that arise from the practice of euthanasia is normal because the practice is related to human life.</em><em> </em><em>Based on this, this scientific study aims to determine euthanasia from a moral perspective, a medical code of ethics and in the perspective of Islamic law.</em><em> </em><em>The process of collecting data from scientific studies was carried out by means of literature research using qualitative descriptive methods in presenting and analyzing the data obtained.</em><em> </em><em>The results of the study show how euthanasia practices are in accordance with the medical code of ethics, moral views and how the law is in Islam.</em></p><p><em><br /></em></p><p>Praktik Euthanasia dalam kedokteran menjadi hal yang menimbulkan berbagai perbincangan bila dilihat dari sudut pandang yang berbeda. Adanya perbedaan pendapat yang muncul dari praktik euthanasia merupakan suatu kewajaran karena praktik tersebut berhubungan dengan nyawa manusia. Berdasarkan hal tersebut studi ilmiah ini bertujuan untuk mengetahui euthanasia dalam pandangan moral, kode etik kedokteran dan dalam perspektif hukum Islam. Proses pengumpulan data studi ilmiah ini dilakukan dengan cara penelitian literatur menggunakan metode deskriptif kualitatif dalam penyajian dan anlisis data yang diperoleh. Hasil dari penelitian menunjukkan bagaimana praktik euthanasia yang sesuai kode etik kedokteran, pandangan moral dan bagaimana hukumnya dalam agama Islam.</p>


2021 ◽  
pp. 85-90
Author(s):  
E.I. Vasileva ◽  
◽  
T.E. Zerchaninova ◽  
A.S. Nikitina

Presented is the research in a large number of studies, devoted to the study of state policy in relation to compatriots living abroad, at the same time, today there are practically no data on the state and assessment of the state and non-state support. In this regard, the authors have classified the forms of support into two groups - state and non-state, investigate the specific features of these forms of support, and analyze their effectiveness. Empirical analysis carried out in this research study includes qualitative data from expert interviews collected in 2021. In total, 31 interviews were conducted with experts from sixteen countries (Russia, Ukraine, Republic of Kazakhstan, Republic of Moldova, Republic of Kyrgyzstan, Armenia, Tajikistan, USA, Germany, Czech Republic, Turkey, Great Britain and Northern Ireland, Cyprus, Panama, Uganda, New Zealand). Representatives of Russian and foreign public authorities, heads of the Coordination Councils of organizations of Russian compatriots abroad, heads of Russian youth public organizations abroad, heads of higher educational institutions, teachers and educators, and public figures acted as experts. In conclusion, the authors summarize the effectiveness of state and non-state support for young students of compatriots abroad, form a set of practical recommendations for improving these forms of support.


Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
Author(s):  
Ahmed Abdul Rehman ◽  
Ussama Ahmed ◽  
Ahmed Abdullah

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong. That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard. However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed: The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.


2020 ◽  
Vol 2 (2) ◽  
pp. 27-36
Author(s):  
Felix Ferdin Bakker ◽  
Muh. Alif Jamil Pratama

Transnational crime in the territory of Indonesia is increasingly motivated by several pushes and pull factors. First, Indonesia's strategic position makes many people tempted to anchor to Indonesia to make Indonesia a transit country and live and develop. This is worrying because it cannot be denied that foreigners enter a country in an illegal way and cross borders. Second, state borders without immigration documents or other valid documents will create new problems, which of course, can lead to criminal issues. Of course, a policy of equitable borders and controls is the answer to this problem.Another thing that cannot be left out is that establishing a positive law that is firm and binding is the key to the success of this policy. This research study uses normative legal research methods with qualitative data collection juxtaposed with descriptive analysis techniques so that the existing problems regarding transnational crimes, especially human smuggling, can be presented comprehensively and informatively. Outreach to the community as the first informant is one of the keys to community-based surveillance and enforcement management. It is hoped that with the coordination and synergy of problems related to foreign nationals who are the perpetrators of human smuggling crimes, it is expected that it can decrease statistically so that the selective policy principle that is aspired is that only foreigners who provide benefits and have valid documents can enter Indonesian territory and give services to Indonesia's national progress.


Fahm-i-Islam ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 19-38
Author(s):  
Dr. Zainab Ameen ◽  
Sana Zia

Like the limits of crime, crimes against human life and body are also very dangerous in terms of their effects, so the Qur'an has fixed their punishment for them. Islamic law has set specific punishments for it, and it does not allow any kind of crime to be reduced. These crimes have schakled the very basis of society and they have to be dealt with severely. The basic elements of society are the need to protect the structures on which the lives and deaths of society depend. These crimes can be basically divided into two types: 1.Crimes against human beings (e.g. murder) 2.Crimes against the human body. There is a long way to go around, and in the meantime, this kind of research is needed, the seriousness of which is far greater than the rest of researches. This article examined the crimes against humanity in the light of Islamic law.


QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.


2019 ◽  
Vol 7 (7) ◽  
pp. 343-350
Author(s):  
Siti Marlina

Crime is a phenomenon of human life and society, therefore it cannot be released from space and time. The rise and fall of crime rates depends on the circumstances of the community, political conditions, economy, culture and so forth. Based on the results of research at the Jambi BPOM, the problem of crime and violations is a phenomenon that cannot be implemented in people's lives. However, not all people obey the regulations made by the government, many cases of violation of food products without marketing licenses have been successfully disclosed, for information, in 2013 to 2015, a number of 19 cases of drug circulation, cosmetics, traditional medicine and health supplements, food, which does not meet security, benefits, and quality requirements with a nominal value of Rp. 423,769,000 including: 10 cases in the field of medicine, 2 cases in the field, 5 cases in the field of cosmetics and 2 cases in the field of food. successfully revealed and has been submitted to court.


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