scholarly journals Studi Komparatif Pelaksanaan Peradilan Pidana Islam di Negara Republik Arab Mesir dan Negara Republik Indonesia (Provinsi Nanggroe Aceh Darussalam)

2021 ◽  
Vol 7 (2) ◽  
pp. 154
Author(s):  
Annisa Rahmadiana
Keyword(s):  
Criminal Justice ◽  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Reading Materials ◽  
Similarities And Differences ◽  
Laws And Regulations

Abstract: This article discusses the implementation of Islamic criminal justice in Indonesia, especially in the Province of Nanggroe Aceh Darussalam and the Arab Republic of Egypt. Between Egypt and Indonesia have the same reference in the implementation of Islamic law in the judiciary, namely referring to the Qur'an and Hadith. The Aceh Syar'iyah Court has a position as part of a special judicial institution under the auspices of the general court and the religious court according to the type of case being handled. Meanwhile, the Court in Egypt has a wider scope with each function and authority according to its level. The research method used in the preparation of this article is a comparative study by comparing the similarities and differences inherent in Indonesia and Egypt in terms of the implementation of Islamic law which is studied through reading materials, including books, laws and regulations, and various other related sources. Keywords : Court, Judiciary, Islamic Law, Aceh, Egypt

The Ruling on Aborting the Fetus and Its Effect on Inheritance: A Comparative Study between the Four Sunni Schools, Indonesian Law and Malaysian Law

2021 ◽  
Vol 4 (4) ◽  
pp. 60-93
Author(s):  
Andri Nirwana ◽  
Faisal Husen Ismail ◽  
Dhia’ul Khaq ◽  
Yeti Dahliana ◽  
Alfiyatul Aziza ◽  
...  
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Legal Regulations ◽  
Muslim Countries ◽  
Sharia Law ◽  
Depth Study ◽  
Qualitative Descriptive ◽  
Similarities And Differences

Abortion is an act of killing to life which is forbidden in Islam. Abortion gives rise to differences of view among past and contemporary scholars on its enabling and prohibition. So, this study is to examine the views of scholars and laws in Indonesia and Malaysia related to abortion and its impact on inheritance ownership. This situation affects the inheritance of property to the mother from the aborted baby. The method of this study is qualitative descriptive. The approach of this research method is descriptive of content through literature. Books, journals, newspaper clippings, and legal regulations are the premier references to this study. This study finds that there are similarities and differences between sharia law and the rules applied in Indonesia and Malaysia. In terms of similarities, Islamic law and the laws in Indonesia and Malaysia provide for the prohibition of abortion. But, in certain circumstances, the fetus can be aborted for certain reasons, such as harming the mother or for medical reasons. In addition, this study found differences in punishment for women who had an abortion for no valid reason. Therefore, this study reveals the harmonization of Islamic law with the laws conducted in Indonesia and Malaysia. So, this study recommends forming a better in-depth study of efforts to harmonize the larger Islamic law to the rules regulated in Muslim countries.

Pandhawa Gubah sebagai Representasi Interaksi Metafisik Manusia Jawa dan Perbandingannya dengan Cheritera Pandawa Lima

Manuskripta ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 67
Author(s):  
Novarina Novarina
Keyword(s):  
Comparative Study ◽  
Literary Theory ◽  
Research Method ◽  
Descriptive Analysis ◽  
Literary Study ◽  
Analysis Method ◽  
Research Objects ◽  
Similarities And Differences ◽  
The Difference ◽  
The Comparative Study

Abstract: This research is a comparative literary study that uses Malay and Javanese versions of Mahabarata text sources. The research objects used were the text edition of Pandhawa Gubah (PG) by Sudibjo Z. Hadisutjipto and the text of Cheritera Pandawa Lima (CPL) by Khalid Hussain. The research method used is descriptive-analysis method. In the comparative study used a comparative literary theory proposed by Endraswara (2011). The results of the text comparison reveal the similarities and differences in the image of Bima figures in the Javanese and Malay versions. The equation as a whole is that both texts contain the same heroic storyline and heroic character, Bima. In addition, Indian influence is still evident in the two texts seen from the nuances of Hinduism that exist in both texts. While the difference is seen in the events that accompany Bima's struggle in achieving his victory. Based on these similarities and differences, it can be seen that the authors attempt to represent the concept of metaphysical interactions vertically and horizontally expressed through PG text. --- Abstrak: Penelitian ini adalah satu kajian sastra bandingan yang menggunakan sumber teks Mahabarata versi Melayu dan Jawa. Objek penelitian yang digunakan adalah edisi teks Pandhawa Gubah (PG) karya Sudibjo Z. Hadisutjipto dan teks Cheritera Pandawa Lima (CPL) karya Khalid Hussain. Metode penelitian yang digunakan adalah metode deskriptif-analisis. Dalam telaah perbandingan digunakan teori sastra bandingan yang dikemukakan Endraswara (2011). Hasil perbandingan teks mengungkapkan adanya persamaan dan perbedaan citra tokoh Bima dalam versi Jawa maupun versi Melayu. Persamaan secara keseluruhan adalah kedua teks tersebut mengandung alur cerita kepahlawanan dan tokoh pahlawan yang sama yaitu Bima. Selain itu, pengaruh India masih tampak dalam kedua teks tersebut dilihat dari nuansa Hinduisme yang ada dalam kedua teks. Sementara perbedaannya tampak pada peristiwa-peristiwa yang menyertai perjuangan Bima dalam mencapai kemenangannya. Berdasarkan persamaan dan perbedaan tersebut tampak adanya upaya penulis untuk merepresentasikan konsep interaksi metafisik secara vertikal dan horizontal yang diungkapkan melalui teks PG.

scholarly journals Makna Kafir dalam Al-Qur'an (Studi Komparatif Penafsiran Ibnu Kasir dan Quraish Shihab)

2021 ◽  
Vol 10 (1) ◽  
pp. 67
Author(s):  
Ahmad Farhan ◽  
Deden Bagus Putra
Keyword(s):  
Comparative Analysis ◽  
Comparative Study ◽  
Significant Influence ◽  
Research Method ◽  
Historical Context ◽  
Ordinary People ◽  
Historical Approach ◽  
Library Research ◽  
Similarities And Differences ◽  
The Difference

The word infidel is mentioned 525 times in the Qur'an. The use of this word infidel has various meanings as in the QS. Ali 'Imran:151, the word infidels are those who associate partners with Allah while in QS. Luqman:12, the Qur'an calls the disbelievers those who disbelieve in the favors of Allah. The difference in the term infidel is not only limited to the verses of the Qur'an, but also applies among commentators, scholars, intellectuals, to ordinary people, including in the understanding of Indonesian society. This research is entitled "The Meaning of Kafir in the Qur'an (Comparative Study of the Interpretation of Ibn Kasir and M. Qurais Shihab)". In order to significantly answer the questions that arise; what is the meaning of infidel in the Qur'an according to Ibn Kasir in the book of Tafsir al-Qur'an al-'Azhim and M. Quraish Shihab in the book of Tafsir al-Misbah, similarities and differences in interpretation, and the relevance of their interpretation in the Indonesian context. This research is a library research that uses descriptive comparative analysis research method with a historical approach. The results of this study are: the socio-historical context, sources of interpretation, methods, and styles have a significant influence in producing differences in the interpretation of the Qur'an, especially regarding the meaning of kafir. Between Ibn Kasir and M. Quraish Shihab agreed to interpret the word infidel in the form of isim jama 'muzakkar salim (الكَافِرُوْنَ) in five (5) verses, namely QS. al-Mai'dah: 44, QS. al-A'raf: 45, QS. al-Taubah: 32, QS. al-Ankabut: 47, and QS. al-Rum: 8 with the meaning of denying and covering, but differing in explaining the interpretation of the five verses, although the difference is not that far away. The interpretations of the two figures in this thesis are very relevant to the context of Indonesia which is multi-religious and multi-cultural.

scholarly journals Hifdz Al-Maal dalam Regulasi Rahasia Perbankan

2020 ◽  
Vol 3 (2) ◽  
pp. 217
Author(s):  
Luqman Nurhisam ◽  
Dimas Aprilianto
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Basic Needs ◽  
Legal Problem ◽  
Confidential Information ◽  
Financial Condition ◽  
Library Research ◽  
Bank Secrecy ◽  
The Relationship ◽  
Laws And Regulations

<p class="Default"><em>Bank secrecy refer to secrets in the relationship between a bank and a customer. In accordance with Article 40 paragraph (1) of Law Number 10 Year 1998 concerning Banking, it is stated that banks are required to keep confidential information regarding their depositing customers and their deposits. The research was conducted using the library research method, which looks for normative sources of law by reviewing the laws and regulations that apply or are applied to a particular legal problem. The approach used is the statutory approach, namely the approach taken by examining laws relating to bank secrecy. The purpose of this study is to further examine how Islamic law views the regulation of bank secrecy in Indonesia. The results of this study are related to the maintenance of one of the basic needs elements, namely assets that must be protected (hifdz al-maal), so if other parties ask for an explanation of the financial condition of a customer from a bank, this is not allowed.</em></p>

scholarly journals A Comparative Study of Perjury in Legal System of Pakistan and Islamic Law

2020 ◽  
Vol 6 (4) ◽  
pp. 1571-1579
Author(s):  
Rashida Zahoor ◽  
Muhammad Fahad Anwar ◽  
Muhammad Asif Safdar ◽  
Jibran Jamshed
Keyword(s):  
Criminal Justice ◽  
Comparative Study ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Islamic Law ◽  
Penal Code ◽  
Legal Knowledge ◽  
Psychological Approach ◽  
Criminal Matters

Perjury is one of the crimes that harm criminal justice; Action against criminal justice means behavior that affects people's right to access the justice system or society's right to prosecute and punish criminals. The witness is considered a reason to prove disputes in both legal and criminal complaints, and due to the importance and value of the evidence, perjury has its specific implications. In our criminal justice system, testimony is a way of legal knowledge and reasoning to diagnose crimes committed by the accused. The testimony is not used in criminal matters, and ignoring his way is not against the accused. Consequently, truth is essential, and testimony cannot be used if it is not true. This paper expresses various forms and numerous aspects of perjury along with its definition, discusses perjury as part of the behavioral and psychological approach of sociology, and finally analyzes the laws of Perjury in Pakistan along with the relevant sections of the Pakistan Penal Code, 1860 (PPC), Qanoon and Shahadat Ordinance, 1984 (QSO) and The Oaths Act, 1873 and other  Islamic provisions of laws relating to perjury.

scholarly journals Comparative Study: The Concept of Legitimate Children in The Perspective of Positive Law and Islamic Law

Al-Bayyinah ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 43-56
Author(s):  
Andi Samsul Bahri
Keyword(s):  
Literature Review ◽  
Comparative Study ◽  
Qualitative Analysis ◽  
Islamic Law ◽  
State Law ◽  
Positive Law ◽  
Marriage Contract ◽  
The Relationship ◽  
Laws And Regulations ◽  
The Way

The interpretation of legal children is endless to discuss, considering that various problems continue to color the dimensions of marriage. Marriage issues that cannot be separated from turmoil to vent interest without obeying religious norms and applicable laws. As a result, it gives birth to a view of the validity of the relationship through informal marriage or that it is not at all bound by the bonds of marriage.Therefore, the indicators of legitimate children are interesting to discuss, in order to get factual answers to the criteria for legitimate children in state law and Islamic law. This study is classified as a literature review that examines the normative juridical and theological aspects. This research is explanatory by examining various laws and regulations relating to children.The summarized data will be analyzed using qualitative analysis and relevant to the theoretical aspects. The findings in this study are that the legitimate child under positive law is determined by the legality of marriage and if the child is out of wedlock still oriented to the legality of marriage. Meanwhile, in Islamic law, it is stipulated as a legitimate child if born from a legitimate marriage, if a child outside of marriage must have a span of six months between the marriage contract and the birth of a child.The implication of this finding is that legally married is the way to give birth to the best generation, because the consequences of illegitimate marriage will adversely affect the generation that was born.

scholarly journals KONSTITUSIONALITAS POLIgAMI DALAM PERSPEKTIF HERMENEUTIKA HUKUM ISLAM DI INDONESIA

Mahakim ◽  
2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Eka N.A.M Sihombing ◽  
Cynthia Hadita
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
First Principle ◽  
Marriage Law ◽  
The Republic ◽  
Laws And Regulations

The polemic of polygamy that is still being contested in Indonesia needs to be studied from the perspective of hermeneutics of Islamic law, its constitutionality, such as how Pancasila guarantees the practice of polygamy, and also in laws and regulations whose substance also  regulates polygamy. The research method used in this study is a normative juridical method with a doctrinal approach. The purpose of this study is to determine the constitutionality of polygamy when examined from the hermeneutic perspective of Islamic law in Indonesia. The results showed that the First Principle of Pancasila, Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Marriage Law and its implementing regulations, as well as the various views of the schools allow the practice of polygamy in Indonesia.

scholarly journals THE FRAME OF SHARIA ECONOMIC ON PAYLATER PAYMENT SYSTEM

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Rif’atul Muzayanah Al-Mahbubah ◽  
Ana Nurwakhidah
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Payment System ◽  
Public Knowledge ◽  
Similarities And Differences ◽  
Loan System ◽  
System Mechanism

This study aims to investigate the payment system mechanism in Paylater in Shopee e-commerce, as well as to find out the contract used in the payment system and to review the system in the frame of Islamic law. This research was prompted upon a loan system namely Paylater provided by Shopee e-commerce, one of the biggest markerplaces in Indonesia, which offers loans with installment system. The method used in this research was a field research method. In this study, the researchers gathered data by themselves. The data was obtained from the application regarding public knowledge of Paylater Shoppe payments. The results showed that the payment system mechanism is relatively easy to follow since the application provides simple and practical instructions. Meanwhile, the contract used in Paylater payments is bai 'as-salam, where there are still similarities and differences that still need to be studied. In conclusion, in a review of Islamic law the Paylater system is categorized as usury and gharar

A Comparative Study of Playing Patterns on Gambang and Ranat Ek Instruments

2022 ◽  
Vol 21 (2) ◽  
pp. 356-368
Author(s):  
Abdul Rachman ◽  
Pramot Teangtrong ◽  
Phakamas Jirajarupat ◽  
Indrawan Nur Cahyono
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Comparative Study ◽  
Data Reduction ◽  
Research Method ◽  
Data Classification ◽  
Traditional Music ◽  
Group Discussions ◽  
Similarities And Differences ◽  
Group Play

Gambang Semarang is one of Indonesia’s traditional music which has an instrument made of wood, namely gambang (xylophone). Thai Pi Phat Ensemble has a Gambang-like instrument called Ranat Ek. In the presentation, each of these instruments certainly has a playing pattern that is characteristic of the music itself. This study aims to identify and describe the pattern of traditional music playing in the Gambang Semarang, especially the Gambang instrument and the traditional music of Thai Pi Phat Ensemble, especially the Ranat Ek instrument. The research method used is qualitative with a musicological approach. Data collection techniques were carried out by using observation, interviews, document studies, and Focused Group Discussions. Data analysis was carried out with the stages of data reduction, data classification, and concluding. The results show that the playing pattern of the Gambang instrument in the Gambang Semarang music contains two types of playing patterns, namely sekaran Nglagu and cengkok ajeg. While the playing pattern of the Ranat Ek instrument in the Pi Phat Ensemble consists of kan ti kro, kan ti kep, kan ti siao mue, kan ti sado, and kan ti sabat. The two instruments have similarities and differences in playing patterns which are most likely due to differences in functions and roles in group play. 

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

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