scholarly journals Telaah Hukum Islam Tentang LGBT (Sebuah Solusi dalam Memecahkan Problem Kemasyarakatan)

Raheema ◽  
2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Dahlia Haliah Ma’u

The Lesbian, Gay, Bisexual, and Transgender (in Indonesia known as LGBT) are fahisyah (bad/nasty) behaviors that are clearly prohibited in Islam. Those behaviors were performed by Prophet Luth people in the past and be included in Quran and Hadith. The fuqaha agreed that the behaviors are forbidden for Moslems since the negative impact to the doers and societies. Furthermore, the Islamic Law has categorized the punishmet to those who practice the behaviors. First, the doer would be killed or rajam (being thrown with stones until death). Second, the similar punishment to people who practice adultery or free sex (zina); If the doer is married (muhsan), the sanction is rajam, and if the doer is not married yet (ghairu muhsan), he/she would be whipped a hundred times. Third, the performer of those behaviors would be punished by the government or a judge (ta’zir), the level of the sanction would be decided by the government or a judge fairly. Moreover, the government, ulama, and societies have an important role to avoid these nasty behaviors through the implementation of the rules formally, and verbal persuasion.

2015 ◽  
Vol 4 (4) ◽  
pp. 54-66
Author(s):  
Radu Serban Zaharia ◽  
Marian Zaharia ◽  
Alecu Alexandra

In the past 25 years, in Romania, the intensity of R & D activities has declined significantly in most industries. This trend was driven primarily by the lower attention of the government policies of governments after 1990, resulting in particularly low share of research spending in GDP. This had a double negative impact. On one side was affected material basis of research, while on the other side salary levels of researchers along with education and health, remained at very low levels. Based on these considerations the paper examines the evolution of percentage of researchers in total employment in correlation with factors as: the percentage of population with tertiary educational attainment level, the percentage of total intramural R&D expenditure in GDP, the percentage of R&D labour costs in GDP in Romania, compared to Bulgaria, Czech Republic, France, Hungary and Poland. Unfortunately, in what concerns us, the answer is negative.


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Irma Garwan

Abstrak Perkawinan Siri adalah salah satu bentuk masalah yang tejadi di Negara Indonesia saat ini . Permasalahn ini sangat sulit untuk dipantau oleh pihak yang berwenang, karena mereka yang melaksanakan pernikahan siri ini tidak dilaporkan pernikahan mereka kepada pihak yang berkompeten dalam hal ini yakni Kantor Urusan Agama (KUA) bagi umat muslim dan Kantor Catatan Sipil bagi yang Non Muslim. Pernikahan siri biasanya dilakukan dihadapan tokoh masyarakat atau ustad sebagai Penghulu, atau ada juga yang dilakukan secara adat-istiadat saja kemudian tidak dilaporkan kepada pihak yang berwenang untuk dicatatkan sesuai ketentuan undang-undang No.1 tahun 1974 tentang Perkawinan pada pasal 2 ayat (2) yang berbunyi “tiaptiap perkawinan dicatat menurut peraturan perundang-undangan yang berlaku. Adapun masalah pencatatan perkawinan yang tidak dilaksanakan tidaklah menganggu keabsahan suatu perkawinan yang telah dilaksanakan sesuai hukum islam . karena sekedar menyangkut aspek administrative. Hanya saja jika suatu perwainan tidak dicatatkan, maka suamiistri tersebut tidak memiliki bukti otentik bahwa mereka telah melaksanakan suatu perkawinan yang sah. Akibatnya, dilihat dari aspek yuridis, perkawinan tersebut tidak diakui pemerintah, sehingga tidak mempunyai kekuatan hukum. Dampak positif maupun negative juga menyertai praktk perkawinan siri diantaranya untuk dampak positifnya meminimalisasi adanya perzinaan melalui seks bebas. Namun disisi lain juga dampak negatifnya adalah merugikan banyak pihak terutama hak dan kewajiban wanita dan anakanak dari perkawinan siri tersebut. Akibat hukumnya bagi perkawinan yang tidak memiliki Akte Nikah, secara Yuridis suami atau istri serta anak yang dilahirkan tidak dapat melakukan tindakan hukum keperdataan berkaitan dengan rumah tangganya. Anak-anaknya hanya akan diakui oleh Negara sebagai anak diluar kawin yang hanya memiliki hubungan keperdataan dengan ibu dan keluarga ibunya. Kata Kunci: Hak-hak anak dari pernikahan siri, peerceraian Abstract Siri marriage is one form of the problem that occurred in the State of Indonesia today. Cases is very difficult to be monitored by the authorities, because those who perform marriages this series not reported their marriage to the competent authorities in this case the Office of Religious Affairs (KUA) to Muslims and the Civil Registry for the non-Muslims. Wedding series is usually done before the community leader or cleric as a prince, or some are performed by customs only then are not reported to the authorities to be listed in accordance with the law No.1 of 1974 on Marriage in Article 2 paragraph (2) which reads "every marriage is recorded in accordance with the legislation in force. As for the issue of marriage registration were not carried out would not interfere with the validity of a marriage that has been conducted in accordance with Islamic law. because simply linked to administrative aspects. Only if a perwainan is not listed, then the couple have no authentic evidence that it has executed a valid marriage. As a result, the views from the juridical aspect, the marriage is not recognized by the government, so it does not have the force of law. Positive and negative impacts also accompany praktk marriage siri them to minimize their positive impact through free sex adultery. On the other hand also the negative impact is detrimental to many parties, especially the rights and obligations of women and children from the marriage siri. As a result of the consequences of the marriage that do not have a Marriage Certificate, in Juridical husband or wife and children who are born unable to perform civil legal action related to the household. Her children will only be recognized by the State as a child beyond the mating just have a civil relationship with her mother and her mother's family. Keywords: Children's rights from siri marriage, divorce


2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Sugiharto Sugiharto ◽  
Andi Aina Ilmih

This research focuses on the form of legal protection for used clothing consumers based on Article 4 of Law Number 8 of 1999 concerning consumer protection and analyzes the impact of the use of used clothing by the community in the city of Semarang, related to the Thaharah aspects in Islamic Law.To achieve this goal, researchers used a sociological juridical approach with data collection techniques in the form of library research and field studies by conducting direct interviews with relevant parties in connection with this research. The data obtained were then processed and analyzed by descriptive qualitative.The results showed that the form of legal protection for used clothing consumers in the Consumer Protection Act under Article 4, namely the right of consumers to get comfort, security, and safety. This is closely related to the obligations of business actors in providing true, clear and honest information about the conditions and guarantees of goods and/or services; and the need for guidance and supervision by the government. The impact caused by used clothing is negative impact and positive impact for used clothing consumers, both in terms of economic, social and public health in Indonesia. Although in an Islamic perspective, it is recommended that people prioritize aspects of thaharah (cleanliness) as Allah SWT requires every Muslim to purify in accordance with the criteria of Allah and His Prophet.


Ulumuddin ◽  
2019 ◽  
Vol 11 (1) ◽  
pp. 73
Author(s):  
Faozan Sembahulun

The Bebalu marriage in Sembalun society is a part of tradition has happened from the past and developed to the current. Bebalu is a term for people who do divorce outside the court (non-litigation). The Bebalu closely relates to the religious law, although without leaving the roles of positive law in Indonesia. It happens due to religion dominantly believed by the people in region is Islam and it aims to respect the sacredness of the tradition. This article attempts to examine how the implementation and the legal consequences of the Bebalu. Using approach of sociology of law, this article argues that from the perspective of Islamic law the Bebalu is permissible and even legitimate. The reason is that the Bebalu fulfils the primary requirements of Islamic marriage. However, legally it cannot be accepted due to the marriage is not registered to the state. Accordingly, the divorce process of the Bebalu seems to contradict the law. The main problem of the traditional society in Sembalun as well as its marriage of Bebalu is the lack of communication about law that should be delivered by the government. It happens due to the difficult access to the region.


2020 ◽  
Vol 8 (01) ◽  
pp. 62
Author(s):  
Imaro Sidqi ◽  
Doli Witro

This article discusses the existence of MUI fatwa and its position in Indonesia. So far, people are more likely to use the fatwa law than national law. Many political interests, so that the independence of the fatwa in Indonesia, the MUI fatwa, is doubtful of its integrity. In the context of Islamic law, a fatwa is an essential presence in society, while in national law, a fatwa is only a doctrine whose status is not required to be followed. The deficient legal awareness of the community is a problem in the community because the political influence of the fatwa has a negative impact, so it is feared that it will create a negative thing that lives and develops into a civilization in society. From this writing, it can be concluded that the position of the fatwa is not required to be followed so that public awareness about the law must be socialized by the government so that people can understand. However, if the fatwa is following the constitution, the fatwa can be applied in the law so that the fatwa is not easy to be politicized by any party concerned.


Author(s):  
Ramnik Kaur

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.


2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.


Author(s):  
Muchimah MH

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.


2020 ◽  
Vol 26 (7) ◽  
pp. 1496-1521
Author(s):  
N.I. Kulikov ◽  
M.A. Kulikova ◽  
A.A.S.R. Mobio

Subject. This article assesses the reasons why the economic policy of the Government and Central Bank of Russia does not cause the economic advance. The article tries to find out why the two strategic programmes adopted over the past ten years have not been implemented in most indicators. Objectives. The article aims to analyze the results of financial and monetary policies in Russia over the past ten years, and establish why the Russian economy has been growing within one percent yearly average all these years, and its share in the world economy has not grown, but got reduced even. Methods. For the study, we used the methods of analysis and synthesis. Results. The article proposes certain measures and activities to move to soft financial and monetary policies of the State and corresponding changes in the structure of the Russian economy. This will help ensure six to seven percent GDP growth annually. Conclusions. High loan rates have become the main obstacle to GDP growth in Russia. It is necessary to accept concrete actions and decisions concerning the Bank of Russia key rate, expansion of the functions of the Central Bank of the Russian Federation, industrial policy, support of consumer demand, long-term government contracts for the real sector enterprises, etc.


GIS Business ◽  
2018 ◽  
Vol 13 (1) ◽  
pp. 1-9
Author(s):  
Gunjan Sharma ◽  
Tarika Singh ◽  
Suvijna Awasthi

In the midst of increasing globalization, the past two decades have observed huge inflow of outside capital in the shape of direct and portfolio investment. The increase in capital mobility is due to contact between the different economies across the globe. The growing liberalization in the capital market leads to the growth of various financial products and services. Over the past decade, the Indian capital market has witnessed numerous changes in the direction of developing the capital markets more robust. With the growing Indian economy, the larger inflow of funds has been fetched into the capital markets. The government is continuously working on investor’s education in order to increase retail participation in the Indian stock market. The habits of the risk-averse middle class have been changing where these investors started participating in the Indian stock market. It is an explored fact that human beings are irrational and considering this fact becomes imperative to investigate factors that influence the trading decisions. In this research, ‘an attempt has been made to investigate various factors that affect the individual trading decision’. The data has been collected from various stockbroking firms and from clients of those stockbroking firms their opinions were recorded by means of a questionnaire. Data collected through the structured questionnaire, 33 questions were prepared which was given to the 330 respondents on the basis of convenience sampling out of which 220 individuals filled questionnaire, the total of 200 questionnaires was included in the study after eliminating the incomplete questionnaire. Various factors are being explored from the literature and then with the help of factor analysis some of the most influential factors have been explored. Factors like overconfidence, optimism, cognitive bias, herd behavior, advisory effect, and idealism are the factors which influenced the trading decision of the investors the most. Such kind of a study is contributing in the area of behavioral finance as a trading decision is an important aspect while investing in the stock market. And this kind of study would be helping and assisting financial advisors to strategies for their clients in making the right allocation and also the policy maker and market regulators to come up with better reforms for the Indian stock markets.


Sign in / Sign up

Export Citation Format

Share Document