Menggagas Fikih Media Sosial

2019 ◽  
Vol 13 (1) ◽  
pp. 65-81
Author(s):  
Khariri Khariri

The development in the field of information technology in the era of industrial revolution 4.0 was so rapid. However, there are many negative findings from the use of social media, such as hoaxes, utterances of hatred, slander, etc. This requires a more contextual study of Islamic law (fiqh) and is able to answer what is the demand of the times, especially the phenomenon of social media. In carrying out the formulation of Islamic law, there are two methods of reasoning used, namely normative-deductive and empirical-inductive, so that the resulting laws can be in accordance with the demands of the community. Therefore, the idea of social media fiqh is to make an effort to find the maqāṣid al-syarī’ah (legal purpose) in the use of social media. By using the theory of sadd al-żarī’ah analysis, this study sought formulation of Islamic law in order to be a solution in the times. This theory is used to explore various problems that have occurred in the development of communication on social media. In addition, this study attempts to trace the exclusion (istinbāṭ) of the law in formulating the fiqh of social media with the Uṣūl al-Fiqh approach and the social history of Islamic law. The work of this research is inseparable from the two legal provisions that have been formulated before, namely the MUI fatwa on Social Media and the Law of Information and Electronic Transaction.

2019 ◽  
Vol 5 (2) ◽  
pp. 355-368
Author(s):  
Arbanur Rasyid

Hate Speech  has recently become a warm conversation, not only in the media, but has begun to be discussed in scientific forums as a result of the many characters who are ensnared by hate speech due to making uploads in Social Media that is considered insulting to other people or state institutions by making a statement containing elements of hate speech in accordance with the criminal threat in Article 28 paragraph 2 of Law number 19 of 2016 amendment to law number 11 of 2008. Long before the law talks about hate speech, Islam through the Qur'an speaks a lot about how God denounces the actions of people who insult, berate, speak ill of others and make hoaxes, and Allah threatens sin for those who do it . Even in the history of Islam through the Prophet Muhammad had given a caning to people who make hoaxes, and the sentence in the Islamic criminal law is called Ta'zir, thus Islam is very careful and highly respects the human rights of a person including in protecting the soul and someone's honor


2020 ◽  
Vol 4 (2) ◽  
pp. 190-201
Author(s):  
Muhammadun Muhammadun

In the era of modernization, law is no longer understood as a norm system that binds every citizen. In practice, the law is controlled and supervised by the state through a number of regulations created and compiled by certain communities that have direct access to the state. This paper will explore more about the concept of legal pluralism that once applied in the social history of Islamic law, as well as describing cases of legal pluralism that were practiced during the time of the Prophet and also friends.


2019 ◽  
Vol 3 (1) ◽  
pp. 72
Author(s):  
Irfan Afandi

The humanitarian problem in the development of the industrial revolution 4.0 is very complex and is at the stage of worrying. No human being separated from the effect of the waves. High school is active users (user) of the results of the industrial revolution the 4.0. The problem that arises in the use of social media including the demise of expertise, the dissemination of hate speech and fabricated news. Teaching Islamic education material should be able to respond to this by providing normative information in the Qur'an and Hadith so that students can escape from its negative effects. One of the solutions offered was to integrate these materials with integratsi learning models in the themes that have been arranged in the school's learning policy. Integrating this material must through the phases between the awarding phase of learning, information or materials to grow a critical reason, generate hypotheses and generalities.


Author(s):  
Miguel Alarcão

Textualizing the memory(ies) of physical and cultural encounter(s) between Self and Other, travel literature/writing often combines subjectivity with documental information which may prove relevant to better assess mentalities, everyday life and the social history of any given ‘timeplace’. That is the case with Growing up English. Memories of Portugal 1907-1930, by D. J. Baylis (née Bucknall), prefaced by Peter Mollet as “(…) a remarkably vivid and well written observation of the times expressed with humour and not little ‘carinho’. In all they make excellent reading especially for those of us interested in the recent past.” (Baylis: 2)


Author(s):  
John B. Nann ◽  
Morris L. Cohen

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.


2021 ◽  
Vol 6 (22) ◽  
pp. 36-44
Author(s):  
Nor ‘Adha Ab Hamid ◽  
Azizah Mat Rashid ◽  
Mohd Farok Mat Nor

The development of science and technology is always ahead and has no point and seems limitless. Although human beings are the agents who started this development but eventually faced with a bitter situation which can sacrifice human moral, right and interest of our future. Shariah criminal offenses nowadays can not only occur or be witnessed by a person in a meeting physically with the perpetrator. As a result of technological developments, such behavior can occur and can be witnessed in general by larger groups. Although the illegal treatment which is not in accordance with sharia law and the moral crisis issues happening surrounding us and is rampant on social media, no enforcement is done on perpetrators who use social media medium. According to sharia principles, something that is wrong should be prevented and it is the responsibility of all Muslim individuals. But what is happening today, some Shariah criminal behavior, especially in relation to ethics, can occur easily using facilities technology driven by technological ingenuity. If the application of existing legal provisions is limited and has obstacles for enforcement purposes, then the problem needs to be overcome due to development the law should be in line with current developments. The study aims to identify a segment and cases of the moral crisis on social media and online using the artificial intelligence (AI) application and to identify the needs for shariah prevention. This thesis uses qualitative approaches, adopts library-based research, and, by content analysis of documents, applies the literature review approach. The findings show that the use of social media and AI technology has had an impact on various issues such as moral crisis, security, misuse, an intrusion of personal data, and the construction of AI beyond human control. Thus, the involvement and cooperation of various parties are needed in regulating and addressing issues that arise as a result of the use of social media and AI technology in human life.


2020 ◽  
Vol 20 (1) ◽  
pp. 95
Author(s):  
Jamhuri Jamhuri ◽  
Zuhra Zuhra

Talak merupakan hukum yang disyariatkan bagi satu pasangan yang tidak mungkin lagi membina hubungan keluarga dengan baik. Peluang talak ini dapat dipilih oleh suami dengan memperhatikan tata cara dan prosedur yang sesuai dengan hukum Islam. Terdapat beberapa hukum yang ulama tidak padu dan berbeda pendapat, khususnya mengenai konsep talak dilihat dari sisi waktu dan jumlah penjatuhannya. Penelitian ini henda mengkaji pendapat Ibn Qayyim. Masalah yang didalami adalah bagaimana pandangan Ibnu Qayyim al-Jauziyyah terhadap konsep dan pengaruh hukum talak syar’i dilihat dari segi waktu dan jumlah penjatuhan talak, dan bagaimana metode istinbaṭ yang ia gunakan. Penelitian ini termasuk penelitian pustaka, data yang terkumpul dianalisis dengan cara analisis-deskriptif. Hasil penelitian menunjukkan bahwa menurut Ibn Qayyim al-Jauziyyah, konsep talak secara umum ada dua bentuk, yaitu talak dari segi waktu dan dari segi jumlah. Dari segi waktu, talak dilakukan saat isteri suci dan tidak digauli saat suci tersebut. Pengaruh suami yang menceraikan isteri saat haid dan telah digauli, itu diharamkan dan talak tidak jatuh. Dari segi jumlah, hak talak suami hanya ada tiga. Tiga jumlah hak talak tersebut digunakan secara bertahap, tidak bisa digunakan sekaligus. Pengaruh suami yang menceraikan isteri dengan talak dua atau tiga sekaligus, talak yang jatuh hanya dipandang satu kali. Adapun dalil yang digunakan Ibn Qayyim yaitu QS. al-Ṭalāq ayat 1, QS. al-Baqarah ayat 229, QS. al-Baqarah ayat 230, dan QS. al-Nūr ayat 6. Adapun riwayat hadis di antaranya hadis dari Nafi’ riwayat Abī Dāwud, dari Sa’di bin Ibrahim riwayat Muslim, dari Abdullah bin Ali bin Sa’ib riwayat Abī Dāwud, dan dari Ibn Wahab riwayat HR. Nasā’i. Metode yang digunakan Ibn Qayyim yaitu bayanī dan metode istiṣlāḥī. Talak is a law prescribed to one spouse that is no longer likely to foster family relationships well. The chance of this Talak can be chosen by the husband taking into account the ordinances and procedures according to Islamic law. There are some laws that scholars do not mix and differ, especially regarding the concept of Talak seen from the time and number of the allotment. This study has studied Ibn Qayyim's opinion. The issue in the matter is how Ibn Qayyim al-Jauziyyah's view of the concept and influence of the law is seen in terms of time and the number of a bailout, and how the Istinbaṭ method he used. This research includes the research of libraries, the collected data is analyzed in a descriptive-analysis way. The results showed that according to Ibn Qayyim al-Jauziyyah, the concept of Talak, in general, there are two forms, namely Talak in terms of time and in terms of number. In terms of time, the Talak was performed during the Holy Wife and not in the holy moment. The influence of the husband who divorced the wife during menstruation and has been held, it is haraam and the Talak does not fall. In terms of numbers, the right to the husband is only three. The three total rights of the Board are used gradually, not to be used at once. The influence of the husband who divorced the wife with a two or three talak at once, a talak that fell only considered one time. The evidence that Ibn Qayyim used is QS.  al-Ṭalāq verse 1,  Qs. Al-Baqarah verses 229,  Qs. Al-Baqarah verses 230, and  Qs. Al-Nūr verse 6. The history of Hadith includes hadith from  Nafi ' History of Abī Dāwud,  from Sa'di bin Ibrahim  Muslim history, from Abdullah bin Ali bin Sa'ib  abī dāwud history, and Ibn Wahab narrated by the history of the Christian. The method used Ibn Qayyim was bayanī and the method Istiṣlāḥī. 


2017 ◽  
Vol 7 (1) ◽  
pp. 96-118
Author(s):  
Syaukani Syaukani

An effort to preserve and utilize manuscripts in this archipelago, especially religious manuscripts, is very important due to, at least, two reasons. Firstly, there has been abundant important information pertinent to religious phenomena in the manuscripts. Secondly, physical condition of the manuscripts has been increasingly fragile. Following the process of choosing the manuscript, the author has selected one of the manuscripts preserved in the State Museum of North Sumatra. This study employs the theory of philology, literature and history in analyzing the manuscript. Analyses are focused on the language used, the cultural background of the manuscript, and the social history of the region where it has been written. The findings of this study tell us that the manuscript, named Kashf al-Gharā’ib, is a classical Islamic manuscript which still has been well preserved at the State Museum of North Sumatra. It contains the scientific information of fiqh (Islamic law), especially discussing about the way of worshipping the God. The manuscript also consists of religious poems and problems of adab (ethics). Of the three topics discussed in this manuscript, I give considerable attention on worship and ethical issues.


Obiter ◽  
2014 ◽  
Author(s):  
Priya P Singh

The rapid rise in the use of social media networking sites in South Africa has posed new challenges to our courts. The law of defamation and privacy, which has long been considered well established, is now facing new demands on its boundaries because of the unique characteristics of social media in the online era.This note will discuss and critique three recent cases individually, concerning issues arising from the use of Facebook (a social media website) and the approach of the courts in extending the traditional law to the new demands of social media interaction.The aim of the note is to evaluate: the considerations which should apply to the granting of an interdict in respect of comments posted on Facebook, especially where alternative remedies are available; whether social media should be treated differently from electronic news media; how to establish ownership of a Facebook profile where such ownership is disputed; liability for anonymous defamatory posts on an individual’s Facebook profile; whether an individual can be liable for defamatory posts not made by himself personally, but in which he has been tagged; whether comments posed as questions can be regarded as defamatory; and the role played by apologies in claims for damages in defamation.The note concludes by discussing how South African courts have extended the traditional principles governing the actio injuriarium action in South African law – to the new challenges posed by the rise in popularity of social media networking sites.


2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Wahjoe Mawardiningsih

Entrepreneurs need to actively follow market trends and look for opportunities to continue to thrive. Promotion must be in accordance with the conditions of the times. The virtual world in the form of social media needs to be empowered optimally for promotional media, in the form of media outlets: Facebook, Twitter, YouTube, corporate blog, Whatsapp, Line, Instagram. The use of social media for media promotion, can be combined using, not just one type. This will have a very positive impact


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