scholarly journals مكانة عمل أهل المدينة عند الإمام مالك بن أنس

2020 ◽  
Vol 1 (1) ◽  
pp. 33-60
Author(s):  
Rachmat bin Badani Tempo ◽  
Saifullah bin Anshor ◽  
Wahyuni Ishak
Keyword(s):  
Speech Acts ◽  
Scientific Research ◽  
Library Research ◽  
The People ◽  
The Law ◽  
The City

The research in front of dear readers is about the practice of the people of Medina. Among the objectives were: To identify the essence of the practice of people of Medina and its position according to Imam Malik and other scholars. The researchers focuses on two points, the first: the essence of the people of Medina, and the second: What is the position of the people of Medina according to Imam Malik bin Anas and other scholars? The type of research employed was library research that focuses on texts from books and interesting results of scientific research related to the topic. The results show: First, the practice of the people of Medina is propositions or arguments which are disputed, this is due to differences in understanding the concept. Second, the practice of the people of Medina is divided into two parts, one of which is through excerpts which consist of four types: excerpts of the speech, acts, consent and neglect, and this is an agreed statement. The second one is based on ijtihad, Imam Malik's companions differ in this respect. Third, the practice of people of Medina according to Imam Malik has a great position because of the prominence of the city of Medina and its people compared to other regions based on several narrations mentioned by the Prophet sallallaahu 'alaihi wasallam and his companions, may Allah be pleased with them all. Imam Malik had deduced the law from several problems based on the practice of people of Medina, had often referred to it in different terms in his Muwatta, and had given priority to the practice of the people in Madina if it is contradicting to khabar wahid. He has written letters against people who disagree with him regarding the practice of people of Medina in his time including his famous treatise to Al-Laits bin Saad. Fourth, in contrast to Imam Malik, the majority of scholars do not consider the practice of the people of Medina as a proposition because they see that perfection belongs to the ummah as a whole, and the people of Medina are not the whole ummat, even outside the city of Medina some scholars are more knowledgeable than the people of Medina.

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

scholarly journals TANGGUNGJAWAB NAZHIR KOPERASI SYARIAH SEBAGAI LKS PWU DALAM PENGELOLAAN WAKAF UANG MELALUI APLIKASI FINTECH

2020 ◽  
Vol 2 (2) ◽  
pp. 141-157
Author(s):  
Siti Nurhayati, Nurjamil
Keyword(s):  
Analytical Study ◽  
Field Research ◽  
Civil Code ◽  
Library Research ◽  
The Law ◽  
The City

This research was conducted to determine the form of Islamic cooperative nazhir responsibilities as PWU LKS in the management of waqf especially for a loss case in the management of waqf money. The study was a qualitative analytical study with a normative juridical approach. Data obtained through library research and field research and then analyzed qualitatively. This research was conducted in the city of Bandung, in this case the object of the study was the Sharia Cooperative that had been designated as a nazhir waqf for money by the Indonesian Waqf Board. The study concluded that if problems in the management of waqf money such as the occurrence of problematic financing or NPF, occured due to Nazir errors, either due to deliberate or negligence and / or due to non-consideration of the principle of prudence, then Nazir can be held liable according to the responsibility based on the error (based on error) on fault). This is regulated in the Civil Code (hereinafter abbreviated as the Civil Code) specifically contained in Articles 1365, 1366 and 1367. If some provisions relating to the principle of responsibility based on errors can be proven, Nazirs were required to compensate and return the endowment funds. Conversely, if the problems occured are not due to Nazir's fault, Nazir cannot be held accountable, both morally and legally. Compensation for wakaf assets shall be borne by other parties who cooperate with Nazir as stipulations regarding defaults or acts against the law stipulated in the Civil Registry   Keywords: Responsibility, Nazhir Wakaf Money, PWU LKS, Fintech

‘Written in the Interest of the People’: Representing the Law in Cyprian Ekwensi and Market Literature

2019 ◽  
pp. 107-129
Author(s):  
Katherine Isobel Baxter
Keyword(s):  
Urban Life ◽  
Imagined Communities ◽  
Popular Imagination ◽  
Crime And Punishment ◽  
Non Fiction ◽  
The People ◽  
Emotional Relationships ◽  
The Law ◽  
The City ◽  
Selection Of

Chapter Five examines how the law is represented and deployed in Cyprian Ekwensi’s Jagua Nana and People of the City and in a selection of Nigerian market fiction. The law and its transgression permeated a range of publications in the years immediately preceding and after independence. Fiction and non-fiction alike repeatedly engaged with questions of crime and punishment, and even invoked legal paradigms to explore sexual and emotional relationships. This chapter demonstrates how market literature sought to generate through its own imagined communities discussion about and regulation of the apparent lawlessness of modern urban life. In attending to the larger presence of the law in both high- and lowbrow literature of the period, this chapter shows how the law was shaped in the popular imagination at independence.

scholarly journals Political Intervention in Indonesian Legislation

2019 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhammad Satria ◽  
Munajah Munajah ◽  
Sulistia Ningsih Rahayu ◽  
Suryadi Suryadi
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Legal Research ◽  
Library Research ◽  
The People ◽  
Political Intervention ◽  
The Law

The purpose of this research discusses political intervention in legislation in Indonesia to examine the problems that occur in the process of making laws. Based on the problems examined by the author, the research method used is a normative research method. Normative legal research methods or library research methods are methods or methods used in legal research conducted by examining existing library materials. Law intervention results in the form of ratification of the agenda of the intervention, and the Articles then become the basis for activities that are detrimental to the people at large and are contrary to ideology, religion for the Indonesian people. Thus, the intervention of the Law harms the nation extensively.

scholarly journals Peace Education Based on Local Wisdom Nosarara Nosabatutu

2019 ◽  
Vol 3 (2) ◽  
pp. 106-118
Author(s):  
B Ratu ◽  
Misnah Misnah ◽  
M. Amirullah
Keyword(s):  
Research Method ◽  
Peace Education ◽  
Guidance And Counseling ◽  
Main Concept ◽  
Library Research ◽  
The People ◽  
Culture Of Peace ◽  
Research Findings ◽  
The City ◽  
Central Sulawesi

This article aims to discuss the development of a culture of peace through a local wisdom-based peace education program Nosarara Nosabatutu. Nosarara Nosabatu is a Kaili ethnic local wisdom, in the city of Palu, Central Sulawesi, with the main concept being peacein society through a spirit of brotherhood, togetherness, unity and unity, family, and peace. Nosarara Nosabatu needs to be implemented in educational programs for young people, especially for students in schools, in order to build a culture of peace in the people of Palu. This article uses the library research method. The research findings are: 1) the values of peace in the local wisdom of Nosarara Nosabatutu; and 2) the prospect of developing guidance and counseling based on local wisdom Nosarara Nosabatutu to develop a culture of peace in the School.

scholarly journals IMPLEMENTASI CITA HUKUM DALAM MENCAPAI NILAI KEADILAN GUNA MEMBANGUN PEMIMPIN YANG BERKARAKTER DI KOTA PALEMBANG

2021 ◽  
Vol 7 (2) ◽  
pp. 119
Author(s):  
Ning Herlina ◽  
Yanuar Syam Putra
Keyword(s):  
Empirical Research ◽  
Research Method ◽  
Field Observations ◽  
Library Research ◽  
Points Of View ◽  
The Law ◽  
The Concept Of Law ◽  
Different Characteristics ◽  
The City ◽  
Practical Level

Abstrak Hukum dalam perkembangannya, mendorong para ahli hukum untuk menghasilkan suatu definisi mengenai hukum. Dapat ditemukan bahwa definisi mengenai hukum yang dihasilkan oleh para ahli memiliki karakteristik yang berbeda satu dengan yang lain. Hal ini memiliki alasan bahwa dalam proses menghasilkan definisi tersebut para ahli memiliki sudut pandang yang berbeda. Jadi, Cita hukum ini harus memiliki bentuk, baik dalam tataran teoritis hingga pada tataran praktis. Pada tataran teoritis, cita hukum berawal pada tahap interpretasi yang berujung pada tataran Praktis, yaitu implementasi. Pada tahap interpretasi, cita hukum ini berawal dari konsep hukum itu sendiri. Adapun dalam penulisan penelitian ini, penulis menggunakan metode penelitian normatif-empiris melalui studi pustaka dari beberapa bahan buku dan media lainnya serta observasi lapangan di kota Palembang melalui wawancara. Kata Kunci : Hukum, Nilai Keadilan, Pemimpin. Abstract The law in its development, encourages legal experts to get a resolution on law. Can be found with the resolution of the law produced by experts have different characteristics with the others. This has a reason in the process of producing these experts have different points of view. So, this legal ideal must have a form, from the legal level to the practical level. At the level of transition, the purpose of law starts at interpretation which ends at the practical level, namely implementation. At the interpretation stage, this legal idea starts with the concept of law itself. Regarding this research, the author uses the normative-empirical research method through library research from several book materials and other media as well as field observations in the city of Palembang through interviews.

The Concept of Al-Syāṭibī’s al-Ta‘āruḍ wa al-Tarjīḥ: Scientific Faith and Methodology Solution to Legal Istinbāṭ

2018 ◽  
Vol 12 (1) ◽  
pp. 105-118
Author(s):  
Farkhani Farkhani ◽  
Elviandri Elviandri ◽  
Sigit Sapto Nugroho
Keyword(s):  
Literature Study ◽  
Library Research ◽  
The People ◽  
The Law

Al-Ta‘āruḍ wa al-tarjīḥ is a methodology offered by al-Syāṭibī to overcome problems that often arise in fiqh issues faced by the people. This study is a descriptive literature study (library research) aims to determine how the concept of al-Ta‘āruḍ wa al-tarjīḥ offered, with fahm al-naṣṣ methods that exist in its al-Muwāfaqāt. To al-Syāṭibī, no at-ta‘āruḍ (contradiction) in texts but there is a contradiction among mujtahids (Muslim jurists) in understanding the texts. Then, the mujtahids (jurists) should not be in a hurry to do istinbāṭ al-ḥukm (taking out the law) which originated from the ẓāhir contradictory arguments. A depth and universal study toward contradictive postulates seems needed by mujtahid both using their precision and intelligence. Because of the precision and intelligence mujtahids are varying, it causes the appearance of a conflict between mujtahids in looking at the arguments. To find a solution to the problem, the offer is the use of tarjīḥ method, looking for the most powerful arguments, and then serving them as the basis to take a single istinbāṭ al-ḥukm.

scholarly journals RESEPSI MASYARAKAT TIMUR INDONESIA TENTANG “SOPI” (REINTERPRETASI TERHADAP EMPAT SERANGKAI AYAT KHAMAR)

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhammad Sakti Garwan
Keyword(s):  
Edmund Husserl ◽  
Field Research ◽  
General View ◽  
Religious Leaders ◽  
Research Subjects ◽  
Traditional Leaders ◽  
Eastern Indonesia ◽  
Library Research ◽  
The People ◽  
The Law

In this paper contains and describes how the people of Eastern Indonesia in the reception of verses about khamar, namely in an-Nahl (16): 67, QS. al-Baqarah (2): 219, QS. al-Maidah (5): 90, and QS. an-Nisa (4): 43. In the general view ofscholars khamar or the like, sopi is indeed something that is unlawful. This issue then raises problems in the lives of Eastern Indonesian people, who regard khamar or sopi as a symbol of brotherhood, encouragement of tradition and a turning wheel of the people's economy. This paper is qualitative in nature, combining library research and field research. The data in this paper were collected by observation techniques, and interviews were then analyzed using the analysis of the phenomenology of Edmund Husserl, with religious leaders, and traditional leaders as research subjects. This paper contains the formulation of the problem (1) How is the reception of Eastern Indonesian people about theverse khamar in the Qur’an? (2) What is the perception of the community in distinguishing mudharat and the benefits of drinks khamar? They show of community reception through four verses attention to three aspects, symbolizing brotherhood, tradition and players encouragement economy of the community, in the reception also showed a reinterpretation of the meaning of the verse of the Qur’an, in particular paragraph of the law to drink alcohol or gin, which in the science of usul fiqh can be categorized as a rukhshah, that is, a codification of law that is given shari'ah for the mukallaf who has difficulty in carrying out the taklif that is imposed on him.

scholarly journals Salat Jumat Setelah Salat Hari Raya Id Saat Pandemi Covid-19 dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (3) ◽  
pp. 472-483
Author(s):  
Asri ◽  
Zulfiah Sam ◽  
Rezky Damayanti
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Research Library ◽  
Second Opinion ◽  
Research Results ◽  
Islamic Perspective ◽  
Library Research ◽  
The Law ◽  
Friday Prayer ◽  
The City

This study aims to find out how the laws of Friday prayers after Eid prayer in an Islamic perspective and how the laws of Friday prayers after Eid prayers during the Covid-19 pandemic. The research method used is library research (library research), namely through literature review related to the above problems, with normative and historical approaches. The research results found are as follows; First, the law of Friday prayers after the Eid prayer is disputed by scholars in three views: First opinion: Friday prayers are compulsory for people who attend holiday prayers like Friday on any other day. Second opinion: Rukhṣah is given to leave Friday prayers for Muslims who come from hamlets to the city to perform special prayers and Friday prayers. Third opinion: A person who has performed the Eid prayer, his obligation to perform Friday prayer is null and void, but it is appropriate for the priest to establish Friday prayers so that people who wish to attend them can attend. And for Muslims who have attended the holiday prayers, they are obliged to do the midday prayer on time if they do not do the Friday prayers. As for the law of implementing Friday prayers after the implementation of the Ied prayers in the midst of the Covid 19 pandema, the law of returning to the original law will still be mandatory for areas or zones that are still considered safe in carrying out Eid prayers in congregation

Sign in / Sign up

Export Citation Format

Share Document