scholarly journals Penerapan Syari'ah Islam dalam Negara Bangsa di Indonesia

2018 ◽  
Vol 4 (2) ◽  
pp. 86-98 ◽  
Author(s):  
Muhammad Al Faruq
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
The Rule Of Law ◽  
Islamic Movements ◽  
The Law

Islamic movements that make Islam as an ideology, both at national and global levels always lead to aspirations and demands to implement shari'ah (Islamic law) in total (kaffah) through State instruments. In a legal country like Indonesia, such aspirations and demands cannot always be fulfilled. This is because the rule of law like Indonesia, from the very beginning was built on the basis of the spirit of nationalism based on principles, divinity, humanity, justice, unity and the principle of equality or equality of every citizen in front of the law.

scholarly journals ASAS-ASAS BANTUAN HUKUM DAN PERAN HAKAM DALAM PENEGAKAN HUKUM: STUDI KRITIS ATAS TAFSIR AL-QURAN SURAT AL-NISÂ’ AYAT 35

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Didi Kusnadi
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Islamic Law ◽  
Primary Source ◽  
Critical Study ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Universal Principles ◽  
The Law

This paper explains the bases of legal aid in Islamic law through a critical study on the concept of hakam reduced from the Quranic interpretation Surah al-Nisâ’ verse 35. As a primary source of Islamic law, the Quran is believed guarantying the universal principles of Islamic law that is relevant with law enforcement. It is also implemented practically and comprehensively in the line of the bases of legal aid and developed it into the concept of hakam. Therefore, it can be seen as one of Islamic law contribution within the rule of law in Indonesia through the concept of hakam which can be formed for development of legal aid concept and its application within the law of legal aid in Indonesia.

scholarly journals PEMIDANAAN ANAK MENURUT HUKUM ISLAM DAN HUKUM PIDANA INDONESIA

2015 ◽  
Author(s):  
Adam Sani
Keyword(s):  
Human Resources ◽  
Restorative Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Islamic Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The World ◽  
The Law ◽  
The Government

Children is that of Allah swt which exists to the world is on the nothing but (pure children as the youth is the successors to achieve struggles and human resources for the development of nasional. children need guidance and attention specifically, Especially their parents and the government to achieve the development of physical , mental and spiritual maximally .The rule of law against children a criminal offense in Indonesia arranged in act no. 3 year 1997 on court children later improved by the law no. 11 2012 about the justice system children .Hence , if the child a criminal offense therefore his is to be processed legally based on the bill. Law no. 11 2012 about judicial systems children prefer diversi in the form of restorative justice in terms of handle matter children proven to commit crimes. According to islamic law , children committing a commit crimes.Keyword: children,  islamic law, crimes law, of Indonesia

scholarly journals Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam

2021 ◽  
Vol 3 (2) ◽  
pp. 221-238
Author(s):  
Abdur Rakib ◽  
Zakiyah Muhammad Jamil
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Social Community ◽  
The Rule Of Law ◽  
Legal Instrument ◽  
Library Research ◽  
Legal Statement ◽  
The Law

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.

scholarly journals THE EFFECT OF THE PRINCIPLE OF BINDINGNESS OF MADHHAB IN THE IMPLEMENTATION OF ISLAMIC LAW IN MALAYSIA

2019 ◽  
pp. 183-193
Author(s):  
Mohd Zakhiri Md Nor ◽  
Hairuddin Megat Latif ◽  
Mohammad Azam Hussain ◽  
Md Rejab Md Desa ◽  
Al Hanisham Mohd Khalid ◽  
...  
Keyword(s):  
Qualitative Research ◽  
Content Analysis ◽  
Rule Of Law ◽  
General Public ◽  
Islamic Law ◽  
The Rule Of Law ◽  
Federal Constitution ◽  
The Law ◽  
The Impact ◽  
Clear Statement

The issue of the differences of opinions among Islamic jurists from difference madhhab on certain issues which do not unanimously agree among the justice which create doubtful among the general public. It is only can be controlled by the rule of law and the sanctity of the Federal Constitution until today. The purpose of this research is to examine to what extent the bindingness of madhhab in implementing Islamic laws in Malaysia. The researcher focused on one objective that is:(1) to examine the impact of the bindingness of madhhab in implementing Islamic laws in Malaysia. This research is qualitative research and interviewed with respondents who have authority in legal and content analysis of data. This research found that there was no clear statement on the bindingness of madhhab in the Constitution. But, there was an express statement on the position of the bindingness of madhhab in enforceable law in the states of Malaysia. The effect and impact of the bindingness of madhhab vary on mufti, judge and the general public. The judge relied on the opinion credible madhhab especially the opinion of madhhab Syafie and he did not bound by the law in discharging his duties. The acceptance of other opinions of credible madhhab or outside the per view of four credible madhhabs is to safeguard the benefit of the general public and present realities.

scholarly journals Hukuman Tindak Pidana Pornografi dalam Hukum Pidana Islam

2019 ◽  
Vol 21 (2) ◽  
pp. 241-254
Author(s):  
Said Firdaus ◽  
Mohd. Din ◽  
Iman Jauhari
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Islamic Law ◽  
Negative Impact ◽  
Criminal Prosecution ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
The Law ◽  
Normative Aspect ◽  
Laws And Regulations

Tujuan penelitian ini adalah untuk menelaah aturan hukum serta alasan mengapa bentuk dan kriteria tindak pidana pornografi dalam hukum pidana Islam, penerapan sanksi tindak pidana pornografi menurut Undang-Undang Nomor 44 Tahun 2008 dan Hukum Islam, dan dampak positif dan negatif tindak pidana pornografi. Pornografi dilarang menurut hukum nasional. Penelitian ini adalah penelitian hukum yuridis normatif, dengan mengkaji peraturan perundang-undangan, dengan melihat hukum dari aspek normatif. Data yang digunakan dalam penelitian ini adalah bahan hukum. Hasil penelitian menunjukan bahwa bentuk dan kriteria dalam hukum pidana Islam yang dapat dikategorikan sebagai tindak pidana pornografi adanya bentuk tingkah laku, sifat melawan hukum, kesalahan, akibat konstitutif, keadaan menyertai, syarat tambahan untuk dapatnya dituntut pidana, dan syarat tambahan untuk dapat dipidana. Penerapan sanksi tindak pidana dalam hukum Islam hukuman bagi pelaku tindak pidana pornografi bisa dihukum dengan hukuman zina, ta’zir, dan qisas. The Pornographic Criminal Sanctions In Islamic Crime This research aims to examine the rule of law, the forms and criteria of pornography in Islamic criminal law, the pornographic criminal sanctions in accordance with Law No. 44 Year 2008 and Islamic Law, as well as positive and negative impact of pornography. Based on National law Pornography is prohibited. This is a normative juridical research, not only by studying the laws and regulations but also by looking at the law from the normative aspect. The data used in this reasearch is legal material. The results show that the forms and criteria in Islamic criminal law that categorized as pornographic crimes were forms of behavior, unlawful act, misconduct, constitutive consequences, certain circumstances, additional conditions for criminal prosecution, and additional conditions for punishment. The application of criminal sanctions in Islamic law penalties for those who commit pornography can be punished by Adultery, Ta'zir, and Qisas.

Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam

2021 ◽  
Vol 2 (2) ◽  
pp. 195-203
Author(s):  
Abdur Rakib ◽  
Zakiyah Muhammad Jamil
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Social Community ◽  
The Rule Of Law ◽  
Legal Instrument ◽  
Library Research ◽  
Legal Statement ◽  
The Law

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

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