Akhlak Siswa terhadap Guru Pada Pendekatan Normatif di Dalam Al-Qur’an dan Hadis

The normative approach is to understand religion using the framework of God's knowledge, the view of the main and original teachings from God in which there is no human reasoning. The purpose of this study was to see the morals of students towards teachers according to the Qur'an and Hadith. This research method is descriptive qualitative. The method in this study is a library method, the data collected are books and previous studies that are relevant for this research. In the data source section, there are verses from the Qur'an and hadith that contain students' morals towards teachers, reading books that refer to research theory, and several related previous studies. Data collection techniques used reading and note-taking techniques. The data analysis technique in this study is content analysis using a normative approach to the text in the verses of the Qur'an and Hadith and in the form of articles from the journal Sinta 2-5 as many as 4 articles containing moral habits based on a normative approach. Normative matters regarding student morals in the school community and family environment do need to be emphasized according to the verses of the Qur'an and hadith, this is able to form noble character in children from an early age.

MARGINALISASI PEREMPUAN DALAM PERKAWINAN (TELAAH ATAS NIKAH SIRRI DAN NIKAH ANAK DI BAWA USIA PERSPEKTIF HUKUM ISLAM)

Marginalization of women in marriage is an issue that always invites debate among Islamic law thinkers, given the ever-changing social conditions of society so that the laws and regulations governing marital problems underwent the first amendment in 2019. This paper focuses on how the position of women in unregistered marriages and child marriages in Islamic law perspective. With a normative approach and legal sociology, this paper confirms a conclusion that the position of women in unregistered marriages and child marriages is very vulnerable to obtaining legal certainty and justice. Even though it is said that child marriage in under age, the original law is permissible according to Islamic law, but it does not mean that it is absolutely permissible for all women in all circumstances. Because in some women there are several conditions that indicate that it is better for her not to marry at an early age. Likewise, unregistered marriages are legally valid according to Islamic law because they have fulfilled the requirements and pillars of marriage, but have not received recognition from the state which results in legal uncertainty for the status of marriage and children born from the marriage. Therefore, Indonesia as a state of law, regulates matters relating to this matter. Namely by requiring the registring of every marriage held and amending the articles of legislation governing the provisions of the age of marriage in order to ensure legal protection and benefit for the parties bound in a marriage bond, especially for wives and children born from marriages. Abstrak Marginalisasi perempuan dalam perkawinan merupakan isu yang selalu mengundang perdebatan di kalangan pemikir hukum Islam, mengingat kondisi sosial masyarakat yang selalu berubah sehingga peraturan perundang-undangan yang mengatur masalah perkawinan mengalami amandemen pertama pada tahun 2019. Tulisan ini fokus pada bagaimana kedudukan perempuan dalam nikah sirri dan nikah anak di bawah usia dalam perspektif hukum Islam. Dengan pendekatan normativitas dan sosiologi hukum tulisan ini menegaskan suatu kesimpulan bahwa kedudukan perempuan dalam perkawinan sirri dan perkawinan anak di bawah usia sangatlah rentan untuk memperoleh kepastian dan keadilan hukum. Sekalipun dikatakan bahwa perkawinan anak di bawah usia, hukum asalnya diperbolehkan menurut syariat Islam, tetapi tidak berarti ia di bolehkan secara mutlak bagi semua perempuan dalam semua keadaan. Sebab pada sebagian perempuan terdapat beberapa kondisi yang menunjukkan bahwa lebih baik ia tidak menikah pada usia dini. Begitupun dengan nikah sirri yang hukumnya sah menurut syariat Islam karena telah memenuhi syarat-syarat dan rukun nikah, akan tetapi tidak memperoleh pengakuan dari negara yang mengakibatkan ketidakpastian hukum bagi status perkawinan dan anak yang lahir dari perkawinan tersebut. Oleh karenanya Indonesia sebagai negara hukum, mengatur hal-hal yang berkaitan dengan hal ini. Yaitu dengan mengharuskan pencatatan terhadap setiap perkawinan yang diselenggarakan serta mengamandemen pasal-pasal peraturan perundang-undangan yang mengatur tentang ketentuan umur perkawinan guna menjamin perlindungan hukum dan kemaslahatan bagi pihak-pihak yang terikat dalam suatu ikatan perkawinan, khususnya bagi istri dan anak yang lahir dari perkawinan tersebut.

Praktik Akad Nikah Bagi Mempelai Tunawicara dalam Perspektif Kompilasi Hukum Islam

The author is interested in researching the practice of the marriage contract with the bride and groom who have limitations in pronouncing the contract (impaired), from practice in the field it is often the case that the marriage contract of the non-verbal bride is carried out by a representative but without a clear power of attorney, it is not entirely wrong. Because sometimes both parties believe that there will be no dispute in the appointment of representatives. The bride and groom base the implementation of their marriage contract on the encouragement of the community, clerics, customs, and indeed an agreement between the two parties. The approach method used in this paper is a juridical-normative approach in the study of fiqh. A juridical approach by examining legal rules and a normative approach in the study of fiqh is used in analyzing problems that occur in society. For provisions that require the granting of power in writing, basically it is not stipulated in the book of fiqh. In fact, fiqh explicitly stipulates that it can be in the form of words (عبارة) or in written form. There is nothing wrong with the provisions stipulated by the Compilation of Islamic Law, which are promulgated, following the rules of al-maslahah al-mursalah which have been explained or the concept in the book of Bughyah al-Mustarsyidn which says that government decrees which are not forbidden by the Shari'a must be obeyed physically and mentally. If it is against the Shari'a, such as obliging something that is haram, then it is enough to obey outwardly. In article 17 paragraph (3) of the KHI which reads "For the prospective bride and groom who suffers from speech impairment or deafness, consent can be stated in writing or signs that can be understood," so without a power of attorney there is nothing wrong or allowed. What is clear is that the marriage is still valid, the KUA does not require the speech-impaired bride and groom to make or show a power of attorney.

The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights

A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.

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

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.

PEMBAHARUAN HUKUM ISLAM DI MESIR DAN SUDAN: STUDI KOMPARASI

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.

PEMBERLAKUAN KETENTUAN PASAL 21 UNDANG-UNDANG NOMOR 30 TAHUN 2014 DALAM PENANGANAN KORUPSI

This research departs from the author’s observation that Indonesian government officials are currently very wary and worried being criminally charged for corruption and at the same time brought before the administrative court for abuse of power. The main question here is whether the possibility of being brought before the Administrative Court may or may not have positive effect. The main finding, using a legal normative approach, is that the final decision on the issue, whether there is abuse of power or not, as decided by the Administrative Court, would be important in proving disproving, the corruption charge brought before the criminal court.

URGENSI AUTOPSI FORENSIK DAN IMPLIKASINYA DALAM TINDAK PIDANA PEMBUNUHAN

The court does not always demand or require visum et repertum when examining homicide cases. Forensic autopsy may not be required at all by the criminal court when deciding that the accused is guilty of homicide as charged. The verdict may be reached based on other evidence. The author, using a juridical normative approach, concludes that the absence or presence of a visum et repertum does influence the judge’ consideration and matters to the final verdict. Considering that, regardless of the surviving family’s consent, in cases of unnatural death, forensic autopsy and the making of a visum et repertum should be mandatory.