BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam

Perlindungan Hukum terhadap Anak Jalanan sebagai Korban Tindak Pidana Kekerasan Fisik dalam Hukum Positif dan Hukum Pidana Islam

2024-08-14T02:46:11+00:00

This study aims to examine the legal protections afforded to children on the streets who have been victims of haram actions from both an Islamic and a positive law viewpoint. Patient samples were collected from residents of Percut Sei Tuan District for this analysis. A variety of institutions and members of the community were interviewed and observed in order to gather data using qualitative methodologies. Law 35 of 2014 provides legal protection for victims of unlawful actions who are minors living on the streets, according to study results. Also included in this statute are measures that govern the proper penalty for offenders. Islamic law, on the other hand, provides a holistic view of the problem of child trafficking by highlighting the significance of human values and fairness in providing protection for these children. The investigation's results shed light on the many legislative safeguards put in place to keep homeless and victimised children safe. In light of this, it is clear that this endeavour is crucial with respect to positive law and Islamic law.

Pertanggungjawaban Pidana bagi Pelaku Pencemaran Lingkungan Perspektif Fikih Jinayah

2024-08-14T02:46:18+00:00

This study aims to identify and analyze the strengths and weaknesses of the criminal liability system in environmental law and evaluate how Islamic jurisprudence can offer alternative or additional solutions to address environmental pollution problems. This study uses an empirical legal research method with qualitative procedures. The results of the study indicate that the act is considered to violate Islamic jurisprudence and environmental regulations in Indonesia, as shown in the findings. However, law enforcement still has obstacles related to evidence collection and time constraints that must be overcome in order to effectively pursue individuals or groups responsible for environmental damage. Therefore, to ensure environmental sustainability, it is important for the government to actively participate, for law enforcement to achieve effectiveness, and for business entities and the community to be aware of their obligations and be responsible for their behavior.

Pencabulan terhadap Anak dalam Tinjauan Hukum Pidana Islam dan Undang-Undang Nomor 35 Tahun 2014 (Studi Kasus di Desa Manambin Kecamatan Kotanopan)

2024-08-14T02:46:21+00:00

This study aims to investigate the perspective of Islamic criminal law and Law No. 35 of 2014 on cases of violence against children in Manambin Village, Kotanopan Regency. This study uses empirical law and case study methodology. We engage in direct communication with those working in the field to ascertain the source of the problem. The results of this study indicate that ta'zir is the right punishment for those who commit acts of violence against children. A fine of up to five million rupiah and a prison sentence of five to fifteen years are the penalties for violating the rules and laws relating to child protection. The findings of this study are expected to inform community norms in responding to child abuse and neglect.

Tinjauan Yuridis Normatif Perlindungan Anak dalam Perspektif Konsep Hadhanah dan Undang-Undang Nomor 35 Tahun 2014

2024-08-30T08:49:17+00:00

This study aims to explain the concept of Islamic law through the concept of hadhanah in the effort to protect Indonesian children. In Law No. 35 of 2014, which has been ratified by the government, it is emphasized that the protection of Indonesian children from all forms of discrimination and violence is a priority. Since the majority of people in Indonesia are Muslim, Islamic values and standards certainly influence the upbringing and education of children. Child neglect is one form of maltreatment and violence experienced by children and constitutes a violation of children's human rights, whether intentional or unintentional. A normative juridical research method, which is based on library research, is used as the research methodology. Based on the research findings, Islamic law itself teaches how to protect children, and the government, society, and parents have a very important role in establishing policies that benefit children and uphold human rights. The results of this study indicate that Law No. 35 of 2014 has fulfilled the concept of hadhanah in Islamic jurisprudence and has involved all parties in protecting children. This law also explains child protection in the fields of religion, health, education, and social matters.

Respon Mahasiswa dan Generasi Z Tentang Pernikahan Beda Agama

2024-08-30T08:48:31+00:00

The aim of this research is to understand the views of students and Generation Z regarding interfaith marriages, as well as to highlight the problems that arise in connection with this. The research method used is a descriptive quantitative approach, which focuses on the correlation between factors related to interfaith marriages. This method uses data obtained from surveys or experiments, with a population of 300 people, using a quota sample method or random sampling. In general, the results of research related to interfaith marriages show that the majority of respondents have an understanding of the regulations for interfaith marriages and the potential for conflict in the household due to differences in religious views between partners. However, the majority of ulama in Indonesia prohibit interfaith marriages absolutely based on the teachings of the Islamic religion and the laws in force in Indonesia. Therefore, even though interfaith marriages are recognized as a human right, it is important for couples who want to marry partners from different religions to pay attention to applicable legal regulations and procedure.

Talfīq Mażhab dan Kebutuhannya dalam Fatwa Kontemporer (Telaah atas Pandangan Wahbah al-Zuhailī)

2024-08-30T08:46:33+00:00

Talfīq of maẓhab (combining several madhhabs in a single practice) is one of the important issues discussed by fiqh scholars, especially in the last few centuries. Some accept it, while others reject it. Various studies have been presented on this topic by many scholars and researchers. However, in this research, the author tries to connect the issue of talfīq of madhhab with the need for fatwas in the contemporary era and specifically examines the views of Wahbah al-Zuhailī, a very famous contemporary fiqh scholar, on this topic. The research refers to various writings and fatwas from Wahbah al-Zuhailī, then analyzes them based on fiqh, ushul fiqh, and fatwa principles as explained by scholars. Additionally, the author strengthens the analysis by providing examples of fatwas from other contemporary scholars and fatwa institutions, which result in the emergence of talfīq of madhhab. This demonstrates that talfīq of madhhab has been accepted by various groups, even though they sometimes do not mention it explicitly. The results of the research show that Wahbah al-Zuhailī accepts the concept of talfīq of madhhab, with certain conditions, and acknowledges its urgency in fatwas in the contemporary era.

Delik Aduan Tindak Pidana Perzinahan dalam Pandangan Hukum Pidana dan Hukum Islam

2024-08-30T08:47:20+00:00

This research is driven by the recognition that adultery represents a criminal offence that challenges the values of decency and social order, and has the potential to have adverse implications for individuals, families, and society at large. The objective of this research is to examine the provisions pertaining to complaints filed by victims of adultery, with a particular focus on the comparison between Indonesian national criminal law and Islamic law (fikih jinayat). The research employs a qualitative approach with a normative focus, utilising an inductive analysis of data gathered from legal literature. The findings indicate that Islamic law offers greater latitude in filing complaints of adultery, extending to both victims of adultery crimes and those who have suffered harm. Additionally, it imposes more severe penalties. In contrast, national criminal law prioritizes the protection of victims' rights, while also providing for the mitigation of punishment for the family of the perpetrator of adultery crimes. The findings of this research demonstrate the necessity for a comprehensive understanding of the distinctions between these two legal systems to develop a national criminal law that aligns with Islamic law in the enforcement of adultery laws.

Implementasi Fatwa DSN-MUI No. 85/ DSN-MUI/XII/2012 Tentang Waad pada Akad Ijarah Muntahiya Bittamlik di BMI Makassar

2024-08-30T08:47:32+00:00

Banking functions primarily as an intermediation institution that collects and channels funds as credit. Sharia Banks guarantee Sharia compliance in every transaction. Among their activities is ijarah financing and its derivative, Ijarah Muntahiya Bittamlik (IMBT). This research aims to: (1) Understand the concept of waad in the MUI Fatwa and the IMBT contract at Bank Muamalat; (2) Assess the suitability of the MUI fatwa regarding waad on IMBT at Bank Muamalat; (3) Identify challenges and obstacles to implementing the fatwa. This field research, conducted at Bank Muamalat Indonesia's Makassar Branch, employs normative and qualitative methods. Findings reveal that the waad concept in the MUI fatwa is binding and must be implemented if conditions are met, and this applies to IMBT contracts at Bank Muamalat. The IMBT implementation aligns with MUI Fatwa principles and the Financial Services Authority. Challenges include limited public knowledge, fluctuating costs, and customer apathy. The research provides insights and implications for Islamic banking and its customers, serving as a reference for practitioners, policymakers, and researchers. It encourages future research to explore alternative methodologies, enhancing the body of knowledge and yielding more robust outcomes.

Euthanasia Pasien Sekarat dalam Perspektif Hukum Islam

2024-08-30T09:05:01+00:00

This research aims to find out the law committing an act of euthanasia for a dying patient. The type of research used is library research that is qualitative descriptive with methods of normative jurisprudence approach. The results of the study found that in the review of Islamic law active euthanasia in which a physician makes an active effort helps to accelerate the death of a patient, who is presumed and estimated to be unable to survive (death) even if at the request and consent of the patient or his family is explicitly prohibited, because such an act belongs to intentional murder. Nevertheless, there must be some other way of healing, for the purpose and purpose of a person's healing and life and death is ultimately in God's hand.

Sengketa Hak Kepemilikan terhadap Tanah yang Bergeser Pasca Bencana dalam Tinjauan Hukum Islam

2024-08-30T08:47:38+00:00

This research aims to determine the process of resolving disputes over land that has shifted after a natural disaster and the law on ownership rights. This research uses a type of library research. This research is included in the qualitative research category with data collection techniques by conducting a review study of books, literature, notes and reports that are related to the problem. From the results of this research, if a land dispute occurs among the community, the dispute resolution process is carried out with two options, carried out through the courts or carried out outside the courts. Settlement through court takes quite a long time to complete. Settlement carried out outside of court is carried out by making peace between the parties to the dispute. Methods outside of court are much more effective in resolving disputes without leaving wounds in the opponent's heart. Islam shows that dispute resolution should be done outside of court. Ownership rights to land that is shifted after a disaster remain the property of the community. It will not be transferred to the government or other communities because after the disaster the government tries to review the land ownership rights of each affected family and re-measure the land directly in the field. But several natural disasters caused property rights to be returned to the government. One of them is abrasion, the cause of abrasion is causing land to be destroyed due to natural factors for which the State is not held responsible.