scholarly journals The Legal Status Of Electronic Theft In The Light Of The Quran And Hadith, A Research Study

2021 ◽  
Vol 3 (02) ◽  
pp. 61-71
Author(s):  
Shah Abd ul Raof ◽  
Dr. Muhammad Feroz ud Din Shah Khagga
Keyword(s):  
Information Technology ◽  
Legal Status ◽  
Research Study ◽  
Islamic Law ◽  
Moral Values ◽  
Specialized Institutions ◽  
Science And Research

Moral values are considered an integral part of every aspect of life, but when they reach the extremes of social degradation and deprivation, they encompass all aspects of life that lead to the emergence of morality and civilization. This kind of dilapidation affects pure scientific tendencies and activities. The tragedy is that when moral and scientific values and traditions are destroyed in the specialized institutions and schools and universities for knowledge, wisdom, and cognition, it’s astonishing. It is a state of moral and mental inferiority beyond which and the concept of decline is not possible. Presenting the intellectual ideas and results of a leading researcher as one's own is called plagiarism in the field of science and research. Electronic theft refers to the theft of information that is available online in which the computer is used as a tool. Stealing data by using information technology devices or forcibly stealing something secure is called electronic theft. Using someone's property without his permission is an undesirable act in Islamic law and seizing someone's property from head to toe is an unforgivable crime. It is illegal in Islamic law to get acquainted with a person's secrets and to spy on his secrets. In this regard, the relevant Shariah point has been clarified in the article.

Status Perkawinan Suami Istri Pasca Pembatalan Perkawinan Islam Di Indonesia

2019 ◽  
Vol 9 (1) ◽  
pp. 23-48 ◽  
Author(s):  
Sulkhan Zainuri
Keyword(s):  
Legal Status ◽  
Research Study ◽  
Islamic Law ◽  
Third Parties ◽  
Literature Research ◽  
The Status ◽  
Husband And Wife

the material law for the cancellation of Islamic marriages in Indonesia still requires further research considering there is a pluralism of regulations relating to it, namely Undang-undang no. 1 tahun 1974 concerning Marriage and Compilation of Islamic Law. This literature research study concludes that there is a dualism in terms of the termination of marriage in legislation, namely; the marriage is null and void and the marriage can be canceled so that it affects the legal status of husband and wife. However, due to the laws that are regulated remain the same, which is related to the status of children, property and third parties.

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

DATA SECURITY USING RC6 CIPHER ALGORITHM AS AN IMPLEMENTATION OF PRIVACY PRINCIPLE IN THE UU-ITE PERSPECTIVE AND ISLAMIC LAW

2020 ◽  
Author(s):  
Dedy Agung Prabowo ◽  
Ujang Juhardi ◽  
Bambang Agus Herlambang
Keyword(s):  
Information Technology ◽  
Information System ◽  
Computer Technology ◽  
Data Security ◽  
Block Cipher ◽  
Islamic Law ◽  
Important Thing ◽  
Is Security ◽  
Privacy Principle ◽  
System Data

Recently, Information technology develops rapidly. It is possible for us to get some informationquickly, properly and efficiently. The information technology also has many advantages fo r people. Theneed for information is increasing according to the need of its users. This proves that informationtechnology can make our job easier and it can help us to save our time particularly for the job thatrelated to information and data processin g. With the increasing use of computer technology today, italso brings up some problems. One of them is security and confidentiality problem which is animportant aspect in an information system. Data security is an important thing in maintaining theconf identiality of particular data that only can be known by those who have right. RC6 is a symmetrickey algorithm which encrypts 128 bit plaintext blocks to 128 bit ciphertext blocks. The encryptionprocess involves four operations which is the critical arit hmetic operation of this block cipher. As alegal state, Indonesia has issued a regulation in a form of laws governing information and electronictransaction or commonly referred to UU ITE. Besides, Islam is a religion that comprehensively givesthe guidan ce of life for people. Islam has provided guidance in the various fields ranging from social,politics, economics and various other fields.

Ethics of Information Technology in the Context of a Global Worldview

2021 ◽  
pp. 38-41
Author(s):  
Ibraim Didmanidze ◽  
Irma Bagrationi
Keyword(s):  
Information Technology ◽  
Twentieth Century ◽  
20Th Century ◽  
Digital Computer ◽  
Scientific Paper ◽  
Moral Values ◽  
Human Spirit ◽  
Modern Information Technology ◽  
Modern Information ◽  
Cultural Contradictions

The present scientific paper outlines in today’s contempo­rary world - where everything is as it seems at first glance, subordinated to the economy, technology and politics are essentially ruled by ethics, value attitudes, which in that or otherwise find embodiment for purposes activities. After all, the question of goals, intentions is the question about values. The paper underlines that modern information technology has sharpened the problem of the values of the human spirit and choice further path of our world civilization. Everyone remembers the 20th century with its socio-cultural contradictions. And the scale of the achievements, and the scale of destruction committed by people in the twentieth century, incomparable with any other times in its history. The present paper emphasizes that if we want to keep human moral values in the information sphere, then is the technology itself sufficient for this, creating suitable programs forcing save them? Of course, working in networks and not consider off-grid the laws impossible. The paper concludes that what will this process lead to, hard to say. One thing is clear now: interacting with a digital computer, we inevitably become different. Society becomes others. And to regret it is nostalgia for past, it is sweet - meaningless. Like us modern peace or not - but this is reality life, and of them desirable proceed if we want to impact on construction our future

scholarly journals Dakwah Multimedia di Situs Jejaring Sosial Facebook

2019 ◽  
Vol 9 (2) ◽  
pp. 213-237
Author(s):  
Muhammad Anshar
Keyword(s):  
Information Technology ◽  
Content Analysis ◽  
Social Network ◽  
Qualitative Study ◽  
Islamic Law ◽  
Effective Communication ◽  
Analysis Approach ◽  
Internet Media

Abstract: This study discussed the themes of multimedia proselytising on Facebook used by Makassar's preachers as well as the usage of various forms of multimedia to convey messages to audiences (mad'u) through the Facebook social network. This research was a qualitative study using a content analysis approach. The results of the study stated that the themes conveyed by the preachers were aqidah (faith), sharia (Islamic law), akhlak (manner) morals, mu'amalah (dealings between people), and general messages, such as education, behaviour, and defending the country. While the forms of multimedia proselytising used by da'i (Islamic preachers) were the textual message, images, audio, and video. In addition, da'i needed to improve the quality of material and media da'wa by using information technology through internet media in order to get effective communication (da'wah).

scholarly journals PENERAPAN PRINSIP SYARIAH DALAM PEYELENGGARAAN LAYANAN PINJAM-MEMINJAM BERBASIS FINTECH

2020 ◽  
Vol 6 (7) ◽  
pp. 1521
Author(s):  
Basrowi Basrowi ◽  
Julianas Julianas
Keyword(s):  
Qualitative Research ◽  
Information Technology ◽  
Islamic Law ◽  
Service Providers ◽  
Secondary Data ◽  
Accounts Payable ◽  
Financial Transactions ◽  
Financial Technology ◽  
Descriptive Qualitative

This study aims to describe the application of sharia principles in the implementation of fintech-based lending services. The method used in this study is descriptive qualitative research and literature. The data used is secondary data from various relevant and up to date literature. Based on the results of the analysis it can be concluded that accounts payable is an agreement between two parties giving money or goods to a second party to be utilized. In terms of engagement in accordance with Islamic law or according to sharia, contracts through information technology media still have to fulfill harmony and terms of contract. The contract scheme implemented by service providers includes the Wakalah bil Ujrah contract and the Musyarakah contract. In the field of muamalah known as the principle of Islamic law, namely the principle of skill or change. The terms of Ijab Qobul must describe the agreement of the parties to enter into the online debt agreement. To achieve this, it is necessary to apply the principles of Islamic engagement, sharia, into financial transactions and other businesses that are consistently related.Keywords: financial technology, sharia, principle

scholarly journals Penukaran Harta Wakaf Menurut Hukum Islam dan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf

2018 ◽  
Vol 1 (1) ◽  
pp. 140-156
Author(s):  
Idia Isti Iqlima ◽  
Syahrizal Syahrizal ◽  
Ilyas Ilyas
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Islamic Law ◽  
Exchange Mechanism ◽  
Primary Data ◽  
Original Form ◽  
Legal Research

Penukaran harta wakaf adalah penukaran harta wakaf dari bentuk semula ke bentuk yang lainnya hukum islam pada dasarnya perubahan status wakaf tidak diperbolehkan melakukan penukaran sebagaimana mazhab Maliki dan Syafi’i sangat menekankan pada keabadian harta benda wakaf walaupun sudah rusak atau tidak menghasilkan sesuatu. Pada Pasal 40 Undang-undang Nomor 41 Tahun 2004 tentang Wakaf dijelaskan harta benda wakaf yang sudah diwakafkan dilarang ditukar. Tujuan penelitian untuk mengetahui status hukum penukaran harta wakaf menurut hukum Islam dan Undang-Undang Nomor 41 Tahun 2004 tentang Wakaf dan mengetahui mekanisme penukaran harta wakaf menurut hukum Islam dan Undang-undang Nomor 41 Tahun 2004 tentang Wakaf. Metode penelitian yang digunakan adalah jenis penelitian hukum normatif (yuridis normatif) dengan mengunakan data primer, data sekunder dan tersier. Hasil penelitian bahwa ada berbeda pendapat ulama dan madzhab tentang penukaran harta wakaf menurut hukum islam ada yang berpendapat melarang ibdal (penukaran) tanah wakaf sekalipun tanah tersebut tidak mendatangkan hasil sama sekali sebagian ulama lainnya memperbolehkan menukar tanah wakaf yang tidak atau kurang bermanfaat dengan tanah lain yang lebih baik namun dengan syarat-syarat tertentu. Dalam perundang-undangan tentang wakaf secara mutlak membolehkan penukaran karena yang menjadi sorotan bukan bentuk akan tetapi yang terpenting dari wakaf adalah fungsi dan tujuannya. Mekanisme penukaran menurut hukum islam harus melalui hakim yang shaleh yang mempunyai ilmu dan amal. Undang-undang nomor 41 Tahun 2004 tentang Wakaf dalam pasal 51 menyebutkan bahwa mekanisme penukaran dilakukan oleh nadzir dengan mengajukan permohonan tukar ganti kepada menteri melalui kantor urusan agama dengan menjelaskan alasan perubahan status dan hasilnya harus dilaporkan oleh nadzir ke kantor pertanahan dana atau lembaga terkait untuk pendaftaran lebih lanjut.The exchange of wakaf property is the exchange of wakaf property from its original form to another form of Islamic law basically the change of waqf status is not allowed to exchange as Maliki and Shafi'i school emphasize on the immortality of waqf property even if it is damaged or does not produce something. In Article 40 of Law Number 41 Year 2004 regarding Waqf, the wakaf property that has been proclaimed is prohibited to be exchanged. The purpose of this research is to know the legal status of the exchange of wakaf property according to Islamic law and Law Number 41 Year 2004 about Wakaf and know the mechanism of exchange of wakaf property according to Islamic law and Law Number 41 Year 2004 about Waqf. The research method used is the type of normative legal research (normative juridical) by using primary data, secondary and tertiary data. The result of the research that there are different opinions of ulama and madhhab about the exchange of wakaf property according to Islamic law there are those who argue forbidding ibdal (exchange) of wakaf land even though the land does not produce the result at all some other scholars allow swap land donation which is not or less useful with other land better but with certain conditions. In the legislation on waqf it is absolutely permissible to exchange because the spotlight is not the form but the most important of the waqf is its function and purpose. The mechanism of exchange according to Islamic law must be through a pious judge who has knowledge and charity. Law No. 41 of 2004 on Waqf in article 51 states that the exchange mechanism is done by nadzir by applying for exchange to the minister through the religious affairs office by explaining the reason for the change of status and the result must be reported by nadzir to the land office of the fund or the relevant institution for registration Furthermore.

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Law ◽  
Literature Study ◽  
Specification Method ◽  
The Status ◽  
Technological Developments ◽  
Legal Position ◽  
Community Issues

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).

scholarly journals حركة العودة إلى المسج د في الموسيقى التصويرية الأصلية لفيلم خمس زوايا المساجد

Jurnal CMES ◽  
2020 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Nur Hidayah
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Religious Art ◽  
Art World ◽  
Islamic Art ◽  
Philosophical Approach ◽  
Social Responses ◽  
Art Objects ◽  
Religious Understanding ◽  
Selection Of

This article discusses the concept of Islamic aesthetics, which is the view of art and beauty according to Ismail Raji Al Faruqi and Seyyed Hossein Nasr, the representation of the two intellectual figures is seen as representing a pattern of religious understanding, especially with regard to the perspective of art objects in Islam. The aim is to explain descriptively the comparative views of the two modern Islamic thinkers and examine how Muslims respond to their thoughts in the Islamic art world today. furthermore, the article explain conceptually how religious art thought is believed and chosen as a basis in determining the direction and expression of art in the socio-cultural space. The method used in this study is descriptive qualitative analytic, with a religious philosophical approach to Islam, while data collection techniques are carried out through qualitatively described literature. The results show that aesthetics built on Sufistic conception and spiritual appreciation so distinctively in it’s paradigm. The Sufistic paradigm emphasizes how art encourages one's psyche without debating legal status, while monotheistic aesthetics built on the basis of dogmatism and belief in the faith underlines the exoteric level, the foundations that are considered permissible or not may not legally Islamic law. Community social responses and the selection of aesthetic views are sectarian in accordance with their religious beliefs.

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