scholarly journals Tekstualisme Dan Kontekstualisme Penafsiran Kontemporer Terhadap Surah Al-Maidah Ayat 38

2021 ◽  
Vol 2 (2) ◽  
pp. 97-112
Author(s):  
Umi Hidayati ◽  
Athoillah Islamy
Keyword(s):  
Preventive Measure ◽  
Deterrent Effect ◽  
Research Approach ◽  
Normative Approach ◽  
Textual Interpretation ◽  
Legal Case ◽  
Legal Sanctions ◽  
Textual Basis ◽  
Data Objects ◽  
Maximum Limit

Not only in the interpretation of classical scholars, the discourses on the interpretation of contemporary scholars are also diverse and often contradictory even though they are based on the same textual basis of the Qur'anic verse. This study intends to identify trends in the interpretation of contemporary scholars regarding the legal sanctions for cutting hands in al-Maidah verse 38. Two figures are studied, namely Ibn 'Asyur and Muhammad Syahrur. The main data objects of this research, namely the book (kitab) entitled al-Tahrîr wa al-Tanwîr by Muhammad Tahir Ibn 'Asyur  and al-Kitâb wa al-Qur'ân Qirâ'ah Mu'âsirah by Muhammad Syahrur, and. The research approach used is a philosophical normative approach. The analytical theory used is the typology of textualism and contextualism of interpretation which was coined by Abdullah Saeed. Meanwhile, the nature of the research approach is descriptive-analytic. The results of the study conclude that the interpretation of Ibn 'Asyur  regarding al-Ma'idah verse 38 can be categorized as a textual interpretation. This can be seen from his interpretation of the literal meaning of the verse. In addition, Ibn 'Asyur also tends to view the punishment of cutting off hands for thieves to be a deterrent as well as a preventive measure. In contrast to Ibn 'Asyur, Muhammad Syahrur's interpretation of the legal case of cutting off hands for thieves includes contextual interpretation. This can be seen when he understands the verse of cutting off hands for thieves, he gives a meaning that gives space for ijtihad for an area and conditions to enforce punishments that have a deterrent effect, provided that it must not exceed the punishment of cutting off handsas the maximum limit.

scholarly journals SANKSI HUKUM TERHADAP PELAKU TALAK DI LUAR PENGADILAN AGAMA

2018 ◽  
Vol 3 (1) ◽  
pp. 58-88
Author(s):  
Muhammad Yalis Shokhib
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Correct Choice ◽  
Deterrent Effect ◽  
Trial Court ◽  
Positive Law ◽  
Legal Sanctions ◽  
The Government ◽  
Two Sides ◽  
Research Type

Divorce out of court Religion is considered reasonable by some circles. But, actually that action is contrary to the Act No. 1 of 1974 article 39 that containing a moral message that divorce only be done in front of the Court of Session. Even in the article there is a clause of divorce mayhappen after the relevant Court attempted to reconcile the two sides. The researchers see the ambiguity based on need a new form of ijtihad gave rise to sanctions for perpetrators of Religious divorce out of court. The researcher using field research type because the research was did in the field. This research is descriptive, and the data sourceobtained from the results of interviews with academics positive law and academics Islamic law in Malang. The focus in this research are includes three ways, that are the position of the sanctions in the matter of divorce out of court Religion according to Islamic law, academics positive law view and Islamic academics law view in Malang, about divorce out of court sanction of religion. In this thesis, the researcher found the results of this research that is the sanctions law against divorce out of court Religion serves as reinforcement of laws and nas} in the Qur'an, it is as a deterrent so that doesn't happen as much divorce politico hated God. The researchers choosethe legal sanction is the correct choice to given to perpetrators of Religious divorce out of court, legal sanctions in the form of a prohibition to perform a new marriage. In addition to fine sanctions that are capable of inflicting deterrent effect to offenders of religious divorce, out of court, so that someone will do a divorce before the trial Court religion, and also obedient to the Administration that have been arrange by the government.

The Deterrent Effect of Legal Sanctions on Draft Evasion

1977 ◽  
Vol 29 (2) ◽  
pp. 241 ◽  
Author(s):  
Alfred Blumstein ◽  
Daniel Nagin
Keyword(s):  
Deterrent Effect ◽  
Legal Sanctions

scholarly journals Adat Pernikahan Melayu Jambi Perspektif ‘Urf dalam Ilmu Ushul Fiqh

2017 ◽  
Vol 1 (2) ◽  
pp. 167-174
Author(s):  
Muhammad Sibawaihi ◽  
Mokhammad Baharun
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Research Approach ◽  
Applicable Law ◽  
Normative Approach ◽  
Moral Sanction ◽  
Preparation Period ◽  
Research Type

Marriage has rules and regulations its implementation. According to Jambi Malay customary law,  there are several stages in marriage custom, especially in subdistrict of Muara Tembesi, first introduction period, second preparation period. thirth  day scales, fourth betel tanyo Pinang tanyo, fifth tand fill custom lumbago, sixth take delivery customs lumbago, seventh marriages marry, eight old gather, memulang lek pado penangga, ninth Berelek Berkenduri, complain Gather tuo. Next custom marriage is absolutely must be followed by  all society  of jambi because of the moral sanction if someone doesn’t follow applicable law. The purpose of  research is to know the custom marriage of Jambi Malay and position of custom law, especially in subdistrict of Tembesi. research method is Islamic law research, research type used is field research. The research approach used is a normative approach, the problems studied under Islamic law, to underestand  the Qur'an, Hadith, and 'Urf in Ushul Fiqh. The research method used is observation, interview, and documentation. Data analysis used is qualitative analysis. Based on the research has done, it can be concluded  the marriage custom of Jambi Malay in Muara Tembesi Subdistrict, the analysis of `Urf is shohih custom.

scholarly journals STRATEGI PENCEGAHAN KEBAKARAN LAHAN BERBASIS MASYARAKAT DESA KUALA TERUSAN KECAMATAN PANGKALAN KERINCI KABUPATEN PELALAWAN

2020 ◽  
Vol 14 (1) ◽  
pp. 29
Author(s):  
Evy Marta Meranty Folia ◽  
Zulfan Saam ◽  
Trisla Warningsih
Keyword(s):  
Swot Analysis ◽  
Preventive Measure ◽  
Survey Method ◽  
Community Based ◽  
Key Informants ◽  
Legal Sanctions ◽  
Farmer Groups ◽  
The Government ◽  
The Village ◽  
And Training

The formulation of a strategy to prevent community-based land fires in Kuala Terusan Village was carried out in October 2018 to October 2019. The research method is survey method. Key informants included the Head of the Pelalawan District Disaster Management Agency, the Head of the Fire Regulations of the Pelalawan Regency Plantation Office, the Head of the Kuala Terusan Village, Community Leaders, the Chair of the Tuah Negeri farmer group and the Head of the Tanjung Mandiri farmer group. Key informants can increase if met by other parties who also play a role in preventing land fires in Kuala Terusan Village. Data analysis using SWOT analysis. The results of the formulation of the strategy are to increase community knowledge and attitudes towards preventing land fires through socialization, guidance and training, increasing community participation through institutional strengthening and providing incentives by the government to the Fire Concerned Farmers Group and Fire Concerned Communities, utilizing government resources and community capacity villages as a preventive measure for preventing land fires through building reservoirs, building canal blocks and providing infrastructure for preventing land fires for farmer groups, increasing collaboration between the government and the community through the establishment of a Patrol Team in efforts to prevent land fires and conducting routine patrol / supervision of migrants to the village which has the potential to cause a fire, maintain local wisdom of land clearing or preparation by not burning through the provision of assistance with tools and social assistance and issuing village regulations to improve ur rights, responsibilities and criminal provisions (legal sanctions) for communities in land management.

scholarly journals Perlindungan Hukum terhadap Kreditur Pemegang Jaminan Fidusia yang Dipindah Tangankan

2020 ◽  
Vol 1 (2) ◽  
pp. 431-435
Author(s):  
I Made Suarja ◽  
Simon Nahak ◽  
I Ketut Widia
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
District Court ◽  
Research Approach ◽  
Legal Certainty ◽  
Credit Guarantee ◽  
Normative Approach ◽  
Registered Office ◽  
The Law ◽  
Execution Procedures

This research was conducted based on fiduciary guarantee of execution provided for in Article 29 of Act No. 42 of the year 1999 about Fiduciary Guarantee stating that the fiduciary guarantee execution can be carried out by means of the execution of the title eksekutorial, the distribution of sale through the society, or sale under the hand with the consent of both parties. However, in practice when it will do the execution of fiduciary guarantee, guarantee that turned out to be transferable and controlled by third parties without the consent of the borrower. Formulation of the problem in this study was 1. The requirements are to be met by the lender in order to have the power of doing execution in granting credit Guarantee Chattels? 2. How is the legal protection for the lender that guarantees Fiduciary transferable? The purpose of the research to know the procedure of obtaining legal protection for holders of a Fiduciary which is transferable. The theory is a theory of legal certainty and the protection of the law. This type of research approach with normative approach legislation and the approach to the case. The first discussion about the terms of execution of fiduciary guarantee and second set of laws regarding a lender to Fiduciary redirected. The result of the research showed that if not created by notariil and registered office at Fiduciary, then their execution procedures can only be done with the setting of the ruling of the District Court. Procedures and procedures binding guarantee of fiduciary fiduciary registration procedures on Fiduciary Office, are not set or are not found in detail in the Law Number 42 Year 1999.

scholarly journals China–Rare Earths: Export Restrictions and the Limits of Textual Interpretation

2016 ◽  
Vol 15 (2) ◽  
pp. 189-209 ◽  
Author(s):  
ERIC W. BOND ◽  
JOEL TRACHTMAN
Keyword(s):  
Empirical Evidence ◽  
Natural Resource ◽  
Rare Earths ◽  
Raw Materials ◽  
Contextual Approach ◽  
Appellate Body ◽  
Textual Interpretation ◽  
Export Restrictions ◽  
Textual Basis

AbstractThe China–Rare Earths decision of the Appellate Body addressed two main issues: (i) whether China's obligations not to impose export duties under its accession protocol are subject to exceptions under Article XX of GATT, and (ii) the scope of the exception for China's export quota measures relating to conservation under Article XX(g) of GATT. In accord with its China–Raw Materials decision, the Appellate Body found that there is no textual basis for the application of the Article XX exception to China's export duty obligations. This interpretation exalted a narrow contextual approach over an approach to interpretation that would focus on broader context, object, and purpose. The Appellate Body also approved the Panel's overall approach to determining the availability of the Article XX(g) exception. This approach focused on the design and structure of China's quota measure, but left unresolved important issues, including the extent to which non-conservation purposes may prevent use of the exception and the role of empirical evidence of effects in these determinations. While the Appellate Body found that there is no ‘even-handedness’ requirement in Article XX(g) itself, we argue that the chapeau's requirement of non-discrimination is an appropriate additional criterion for determining whether a policy with a target of reducing extraction of a natural resource satisfies the requirements of Article XX.

scholarly journals Philosophical Values for Children's Legal Rules in the Positive Law of Islam Indonesia

2020 ◽  
Vol 5 (1) ◽  
pp. 15-24
Author(s):  
Nurhadi Nurhadi
Keyword(s):  
Preventive Measure ◽  
Civil Servant ◽  
Psychological Needs ◽  
Gender Justice ◽  
Legal Certainty ◽  
Child Rights ◽  
Legal Rules ◽  
Positive Law ◽  
Legal Sanctions ◽  
And Gender

AbstractThe obligation to provide for a child is prioritized by a father, but if it is not capable, then the mother will take it. Ages earn a living from 0 to 21 years or get married. If a civil servant then the child salary is 1/3. The philosophy of child care obligations in Islamic UUP, if viewed from the axiological aspect of the benefit of the law, then the livelihood of children is a medium to achieve people's welfare, with the fulfillment of children's livelihood means that they have prepared quality human resources in the future, because in their livelihood three children aspects of fulfilling basic needs of children, namely primary needs, children's spiritual (psychological) needs and children's intellectual needs. From the axiological aspect of legal justice, the fulfillment of children's livelihood is full of the values of theological justice, social justice and gender justice. Whereas from the axiological aspect of legal certainty, the existence of legal sanctions on family law legislation serves as social control as a preventive measure to prevent acts of neglect of the child and repressive (forcing) parents to provide for the child by paying them later, as guarantee of child rights (child rights). 

scholarly journals Islamic Economic Concept in Poverty Alleviation

2020 ◽  
Vol 1 (2) ◽  
pp. 67-74
Author(s):  
Agussalim Rahman ◽  
Siradjuddin Siradjuddin
Keyword(s):  
Social Inequality ◽  
Poverty Alleviation ◽  
Research Approach ◽  
Historical Approach ◽  
Normative Approach ◽  
Economic Concept ◽  
The Poor ◽  
Library Research ◽  
Using Data ◽  
Islamic Economic

This study aims to describe the concept of Islamic economics in poverty alleviation. This research method is descriptive qualitative research using data sources from literature or library research (library research). The research approach uses a normative approach and a historical approach. The normative approach is used to examine the ideals of the Islamic Economic conception and then analyze how it is applied. Meanwhile, the historical approach is used to study empirical facts about poverty alleviation. The results showed that the stagnant distribution will cause inequality and social inequality. For this reason, the implementation of the zakat obligation is a very urgent need. The priority of poverty alleviation according to the concept of Islamic economics is to overcome the causes of poverty, namely improving the distribution of wealth. Zakat is the main instrument which is a solution to these various problems, especially in dealing with poverty and social inequality. In Islam, the state must create programs and facilities that can overcome the problem of poverty, guarantee a decent life for the poor and provide the economic means needed to become a source of livelihood for the poor. Islamic economics can be explored more deeply for the development of economics and its benefits in alleviating poverty.

scholarly journals TINJAUAN HUKUM DOKTER YANG BERKOLUSI DENGAN PERUSAHAAN FARMASI DALAM MERESEPKAN OBAT

2018 ◽  
Vol 3 (2) ◽  
pp. 272
Author(s):  
Yenny Fitri Z
Keyword(s):  
Law Enforcement ◽  
Pharmaceutical Company ◽  
Active Role ◽  
Civil Servants ◽  
Deterrent Effect ◽  
Pharmaceutical Companies ◽  
The Rule Of Law ◽  
The Gift ◽  
Legal Sanctions ◽  
The Status

At the end of 2015, the Tempo Magazine investigation team released a gratification case conducted by the pharmaceutical company Interbat against 2,125 doctors. The gratuities are suspected to be one of the reasons that influence doctors in prescribing drugs to patients. Funds used by pharmaceutical companies to serve doctors can reach 45 percent of drug prices. Therefore, patients must redeem the drug at a more expensive price. Moving from the results of these investigations, the authors are interested to examine criminal rules that can ensnare doctors who receive the gift from pharmaceutical companies. So far, the rule of law governing the prohibition of doctors receiving gifts from Pharmaceutical Companies has not had a deterrent effect. The existing arrangements are in the realm of ethics and administration. As a result, the cooperation of doctors and pharmaceutical companies in prescribing the drug continues and affects the patient's harm. Because in the practice of the physician profession is divided into two, namely private doctors and civil servants, then the formulation of the issues to be discussed in this paper is, First, how the imposition of legal sanctions for private doctors who receive the gift from Pharmaceutical Company Second, how the imposition of legal sanctions for civil servant doctors who receive the gift from Pharmaceutical Company To answer the problem, the author uses normative juridical research method. The results of his research are private doctors who receive the gift from pharmaceutical companies may be subject to Article 3 of Law Number 11 Year 1980 on the Crime of Bribery. As for doctors who have the status of Civil Servants subject to Article 12B of Law Number 31 Year 1999 junto Law Number 20 Year 2001 About Corruption Eradication (Anti-Corruption Law). As a suggestion at the end of the writing, the author wants that the formulation of Article 12B of the Anti-Corruption Law be expanded so that it is not limited to civil servants or state officials only. However, pending the improvement of the formulation of Article 12B, the authors recommend that law enforcement still play an active role by using Article 3 of the Anti-Bribery Law to ensnare doctors who receive the gift from ph armaceutical companies.

scholarly journals PENERAPAN SANKSI HUKUM PIDANA TERHADAP PELAKU TINDAK PIDANA PECURIAN HEWAN TERNAK

2019 ◽  
Vol 18 (3) ◽  
pp. 1-13
Author(s):  
Cut Nurita
Keyword(s):  
Mass Media ◽  
Social Factors ◽  
Legal Aspects ◽  
Criminal Code ◽  
Family Factors ◽  
Economic Factors ◽  
Legal Research ◽  
Field Approach ◽  
Normative Approach ◽  
Legal Sanctions

The criminal act of theft is still a dilemma, and this seems a quite serious problem which requires any solution. The problems in this study are what factors cause the theft of livestock, and how the implementation of criminal legal sanctions is against the perpetrators of theft.This study uses descriptive methods through normative approach (legal research), which is based on the facts in the field approach to the problem, and is carried out by examining various legal aspects in terms of applicable regulations.The finding shows that the factors that cause the theft of livestock are economic factors, low appreciation to religion, family factors, environmental / social factors, unemployment,  influence of mass media either TV or foreign films, influence of alcohol, and opportunity factor . In addition to these factors, there are objective factors and subjective factors. The implementation of criminal legal sanctions for the perpetrators of the theft is regulated in Article 363 of the Criminal Code. Keywords: Criminal Act, Theft,  Livestock

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