scholarly journals Perlindungan Anak dalam Perspektif Hukum Islam dan Qanun Aceh Nomor 11 Tahun 2008

2019 ◽  
Vol 5 (2) ◽  
pp. 55
Author(s):  
Ida Friatna
Keyword(s):  
Sexual Harassment ◽  
Child Protection ◽  
Islamic Law ◽  
National Level ◽  
Cultural Development ◽  
Regional Level ◽  
Basic Principles ◽  
The Third ◽  
Study Child ◽  
The Right

This paper aims to study child protection in Islamic law perspective, and how the perspective has derived into the Qanun Aceh on child protection. Islamic law discusses child protection as childnurture/safeguards (hadhanah) and custodian (walayah). Child protection means fulfillingchildren's rights and protection from the harmful situation or things that could be a danger to theirphysics, soul, and property. On the national level, the Indonesian government stipulated theUndang-Undang Number 35 Year 2014 on Child Protection, so at the regional level, theGovernment of Aceh followed up by stipulating the Qanun Number 11 Year 2008 on ChildProtection. The Qanun states that child protection aims to ensure the right for life, grow, develop,and participate optimally as well as humanistic value and dignity, and children get protection fromexploitation, violence, and discrimination. Those all protections toward to realize the good quality ofchildren in Aceh, good morality, and wealth. Child protection is conducted through religion, custom,socio-cultural development. It puts forward basic principles, namely anti-discrimination, the child'sneeds-response, the right to live, and appreciation. Substantially, the Qanun contains all rights inprotecting the child. But there are needs in socializing and optimizing the law enforcer in protectingchildren. This study found many indicators on the less of child protection in Aceh. Recently, Acehstands as the third-highest rank province in Sumatera with the number of child violence.Furthermore, children's sexual harassment becomes the most reported case.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Homicide in Islamic Law

1951 ◽  
Vol 13 (4) ◽  
pp. 811-828 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Islamic Law ◽  
Discretionary Power ◽  
The Third ◽  
Simple Classification ◽  
First Category ◽  
Injured Party ◽  
The Right ◽  
Exclusive Or

Perhaps the first point which attracts the attention of the European lawyer who begins to study the treatment of qatl (homicide) in the text-books of Islamic law is that it is there treated, in modern parlance, more as a tort than a crime. To understand the offence properly, however, no such simple classification will suffice: instead, it is essential to view it in its historical setting and detailed development.Under the heading of ‘uqūbāt, or punishments, Muslim lawyers treat primarily the very limited number of offences for which definite penalties (hudūd, singular hadd) are expressly prescribed in the arīa, although reference is also frequently made to the discretionary power of the Ruler or Judge suitably to punish other wrongdoing. Offences in general, moreover, are normally sub-divided into those which are regarded as exclusively involving the “right of God”, those in which both the “right of God” and the right of some individual is recognized but the former is held to preponderate, and those in which the latter is regarded as predominant. In the first category all jurists include sariqa in its two degrees (theft and brigandage), zinā (illicit sex relations), urb (wine drinking) and, when placed in this context, irtidād (apostacy from Islam); in the second, some jurists place qaf (the unproved assertion of a chaste person's incontinence), although others put this in the third category; while in the latter all include homicide and wounding. In effect an offence in which the right of God (as the Head of the community) is held to be exclusive or preponderant more or less corresponds to the modern crime, and one in which a private individual's right is regarded as predominant to the modern tort, for the chief practical difference is that in the former neither the party primarily injured nor, indeed, the Court may drop the case or allow a settlement once it has been started, while in the latter the injured party may do either at his or her discretion.

scholarly journals Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Legal Provisions ◽  
The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

scholarly journals تعزیری جرائم کےلئے سزاکا قیام: ایک شرعی جائزہ

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
pp. 103-118
Author(s):  
Nisar Ahmad ◽  
Muhammad Anees
Keyword(s):  
Islamic Law ◽  
The Body ◽  
Legal Punishment ◽  
The Third ◽  
Muslim Countries ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right

Islam is the religion of peace. Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace. According to Islamic law, the punishments can be classified under three main categories: Al-Hudud (fixed punishments), Al-qisas (Retaliation), and Al-Taazir (discretionary). Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it. The second is Qisas, which means the equal retaliation of an aggression committed against the body of a person. The third Kind of Islamic legal punishment is Taazir, it means, a crime for which The Holy Quran and Sunnah have not fixed any punishment, instead, have left it to the discretion of the judges. But in the recent era, many of the Muslim countries don’t leave the punishments of the penal crimes (Taaziraat) to the discretion of the Judges, each Muslim state restrict the rights of the Judge to give punishment at his own’s discretion, and legislating for the punishments of penal crimes (Taaziraat), and make the Judges abide by a particular measure of punishment for penal crimes (Taaziraat). In this articles, we will analyze the above mentioned issue in the light of Islamic principles, that what, it is lawful for any Muslim state to legislate for the punishment of penal crimes or not?

scholarly journals Current situation of LGTBI community in Spain. A legislative analysis about recognized rights and protection of victims of discrimination based on sexual orientation and / or gender identity or expression

2021 ◽  
pp. 141-164
Author(s):  
Cristina R. Córdoba ◽  
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
National Level ◽  
Hate Crimes ◽  
Primary Objective ◽  
Current Situation ◽  
Self Determination ◽  
The Third ◽  
The Right

The last decades have meant an advance in the rights and legal protections of LGTBI community however real equality has not yet been achieved. Societies have discrimination against LGTBI community in all areas especially in the workplace, where they have high rates of unemployment and prostitution. These discriminations end in attacks against people based on their sexual orientation and/or gender identity or expression. These are the third more frequent in hate crimes. In addition to national and regional laws in force Spain has two bills whose objective is to achieve real equality in LGTBI matters and to recognize the right of gender self-determination at the national level. The primary objective of that research is to analyze the current situation of LGTBI community in Spain in legal matters.

scholarly journals Analisis Tindakan Aborsi Terhadap Undang-Undang Nomor 39 Tahun 1999 tentang Hak Asasi Manusia

2020 ◽  
Vol 7 (9) ◽  
pp. 801-812
Author(s):  
Budiyanto Budiyanto ◽  
Siti Ngainnur Rohmah
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
High Risk ◽  
Child Protection ◽  
Child Neglect ◽  
Islamic Law ◽  
Health And Safety ◽  
Standard Of Living ◽  
Medical Emergencies ◽  
The Right

AbstractHuman life is sacred, so it must be maintained to continue his life. Taking the right of life of a person without error, then the law has killed all people including abortio). The abortion process is not only a process that has a high risk in terms of physical health and safety of a woman, but also has a very great impact on a woman's mental state. Human survival is very important as a nation's generation and it starts from the womb in the womb, whose rights should be fully respected and protected. The article purpose is to find out the review of Islamic Law on the phenomenon of child neglect and also review Law No. 39 of 1999 concerning human rights to the rights of life of children in the womb. The method use in this study is qualitative research with the library and empirical approach. Performing an abortion in the view of Islamic law is unlawful in principle, although there are exceptions that can to save the life of the mother due to medical emergencies is permissible under Islamic law and Law No. 39 of 1999 concerning human rights to the right of life of the fetus as stipulated since in the womb has the right to live, maintain life and improve the standard of living and from birth is entitled to a name and citizenship statusKeywords: Abortion, Human Rights, Child Protection. AbstrakKehidupan manusia itu suci, sehingga harus dipelihara kelangsungan hidupnya. Mengambil hak hidup seseorang tanpa kesalahan hukumnya sama dengan telah membunuh seluruh manusia, termasuk menggugurkan kandungan (aborsi). Proses aborsi bukan saja suatu proses yang memiliki resiko tinggi dari segi kesehatan dan keselamatan seorang wanita secara fisik, tetapi juga memiliki dampak yang sangat hebat terhadap keadaan mental seorang wanita. Kelangsungan hidup manusia sangatlah penting sebagai generasi bangsa dan itu dimulakan dari semenjak dalam kandungan, yang semestinya hak tersebut dihormati  dan dijaga dengan sepenuhnya. Penelitian  ini  menggunakan metode penelitian kualitatif dengan pendekatan kepustakaan dan empiris. Tulisan ini memaparkan  tinjauan Hukum Islam terhadap fenomena penelantaran anak dan  tinjauan Undang-undang No. 39 Tahun 1999 tentang HAM terhadap hak hidup anak di dalam kandungan. Hasil penelitian menyatakan bahwa melakukan tindakan aborsi dalam pandangan hukum Islam haram, namun ada pengecualian yaitu untuk menyelamatkan jiwa sang ibu karena kedaruratan medis,  dan Undang-undang No. 39 Tahun 1999 tentang HAM terhadap hak hidup janin menyatakan bahwa sejak dalam kandungan janin berhak untuk hidup, mempertahankan hidup dan meningkatkan taraf kehidupannya serta sejak kelahirannya berhak atas suatu nama dan status kewarganegaraan. Kata Kunci: Aborsi, HAM, Perlindungan Anak.

scholarly journals Discourse on the formulation of the Jarimah of sexual violence against children in the Aceh Qanun Jinayat

2021 ◽  
Vol 10 (11) ◽  
pp. e531101120059
Author(s):  
Liza Agnesta Krisna ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Nurini Aprilianda
Keyword(s):  
Law Enforcement ◽  
Sexual Harassment ◽  
Sexual Violence ◽  
Criminal Law ◽  
Child Protection ◽  
Islamic Law ◽  
State Regulations ◽  
The Public ◽  
Violence Against Children ◽  
The Law

The implementation of Islamic law in Aceh is based on the special autonomy and privileges of Aceh. The implementation of Islamic law brings the spirit of formalizing Islamic teachings through formal state regulations, namely the Aceh Qanun. Qanun Jinayat is a regulation that regulates disgraceful acts that should be punished in the teachings of Islamic law or can be referred to as a compilation of criminal law in Aceh. There are ten types of jarimah (criminal acts) regulated in the Qanun Jinayat, two of which are jarimah of sexual harassment and jarimah of rape. During the implementation of the Qanun Jinayat related to the law enforcement of the crime of sexual violence against children, both crimes of sexual harassment and rape have attracted a lot of criticism from the public, this crime is seen as no longer regulated in the Qanun Jinayat because it has been regulated previously and is more complete in the Child Protection Law. The ratio legis for regulating sexual violence against children in the Qanun Jinayat is because this act is seen as a continuation of the act of khalwat. This study shows an inaccuracy in the formulation of the type of jarimah in the Qanun Jinayat and the neglect of horizontal harmonization of national law.

scholarly journals Efektifitas Lembaga Perlindungan Anak Terlantar: Studi pada Panti Asuhan Suci Hati di Meulaboh, Kabupaten Aceh Barat

2019 ◽  
Vol 3 (2) ◽  
pp. 295
Author(s):  
Mursyid Djawas ◽  
Riska Fajrina
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Field Research ◽  
Protection Agency ◽  
Roles And Responsibilities ◽  
The World ◽  
Displaced Children ◽  
The One ◽  
The Right ◽  
Research Type

This article focuses on the study of UPTD LKSA Care Orphanage in Meulaboh West Aceh Regency as institution for abandoned children. There are three problems to be disscussed, namely: First, how roles and responsibilities of children's institution in the orphanage of Suci Hati. Secondly, how is the effectiveness of the children's institution in the orphanage of Suci Hati to protect the neglected child. Third, how  does the view of Islamic law of the abandoned Child protection Agency. In the authors ' discussion using the research type field Research; observation, interviews and documentation. Based on the results of the study, children's institution in the orphanage of Suci Hati has achieved effective (successful) in general to meet the needs and protect the displaced children Leader of the institution. In Islam, the right of children is the obligation of Allah SWT. So, parents, people, and governments who are able to run it will get reward rewards from Allah SWT. The one who ignored it will be given difficulties in the world and the hereafter. The author suggests for all parties concerned in protecting the child to pay more attention to children in the orphanage institutions, especially in giving compassion and fulfillment of daily needs to the children Improving the welfare of children.

scholarly journals Comparison of Real and Revelative Working Areas in Islamic Law

2020 ◽  
Vol 8 (2) ◽  
pp. 155-164
Author(s):  
Syarifuddin Syarifuddin
Keyword(s):  
Islamic Law ◽  
The Third ◽  
The Right ◽  
Human Potentials

One of the human potentials that is very valuable as well as distinguishes it from other creatures is reason. The messages of Allah, both expressed through the redaction of His revelation in the Koran and implied in His creation, can be revealed by reason, so that the purpose of law (Maqashid al-Sharia) contained in it can be known and manifested in life real. The use of reason in the area of legal work, let alone to determine or stipulate a law, became a long debate for Islamic thinkers after the Prophet Muhammad died. Even though they agree that the third source of Islamic law is reason (al-Ra'yu) but in their ijtihad the mujtahids use reason in different portions and methods. Some use it very large, and some are very small portions. In general, the jurisdiction can be distinguished in the form of at-Ta'abbud, namely the legal area which is the right of Allah (haqqullah) and at-Ta'aqqul, namely the legal area which is the right of Insan (haqqul Ibad / insan /) to think about it. In the latter area it is the authority of reason.

scholarly journals The Target Areas of Regional Development, Tool and Institutional Background, its Present and Future Prospects

2004 ◽  
pp. 138-142
Author(s):  
Endre Harsányi
Keyword(s):  
Regional Development ◽  
National Level ◽  
Regional Level ◽  
Financial Resources ◽  
Future Prospects ◽  
Regional Politics ◽  
Basic Principles ◽  
Development Tool ◽  
Institutional System ◽  
Set Up

Regional politics determines the aims of regional structures, and the tools with the institutional background on the whole necessary achieve these. Realizing the aims of regional politics is a precondition of executing the basic principles of regional development and politics. The regional institutional system for handling the decentralized financial resources has not evolved in Hungary yet. The professional institutes for preparing the programs have not been set up, and the management of execution is slowly taking shape. There are still deficiencies in the domestic application of concentration and addition principles. A number of funds are provided on a national level, that are directly or indirectly aimed at regional development. The obvious coordination among the funds is not carried out neither on a national, nor on a regional level, partly to avoid parallel consumption aims. The future of Hungarian spatial structure depends on the type of decentralization strategy the country will follow for the new resources after the accession. Total decentralization offers the most efficient solution for Hungary.

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