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1
Budimansyah, Prija Djatmika, Rachmad Safa’at et Setiawan Noerdajasakti. « COMPARISON OF THE JUDICIAL FORGIVENESS (RECHTERLIJK PARDON) BETWEEN CIVIL LAW SYSTEM AND ISLAMIC LAW SYSTEM (FINDING THE FORMULATION OF THE PRINCIPLE OF RECHTERLIJK PARDON IN INDONESIAN CRIMINAL LAW) ». International Journal of Educational Review, Law And Social Sciences (IJERLAS) 3, no 4 (15 juin 2023) : 1198–210. http://dx.doi.org/10.54443/ijerlas.v3i4.946.
Texte intégralRésumé :
This study falls under the category of normative legal research or doctrinal legal research. Primary legal resources, secondary legal materials, and tertiary legal materials are all used library research techniques for gathering legal materials (library research). In contrast, the descriptive analysis approach is used for data processing. According to the conclusions of this study, various civil law system nations, like the Netherlands, Greece, and Portugal, use the principle of judicial forgiveness (rechterlijk pardon). However, long before these nations implemented the principle of forgiveness (rechterlijk pardon) in their criminal law, Islamic criminal law used principle of forgiveness first in jarimah qadzaf (accusing adultery), jarimah qishas-diyat, and jarimah Ta'zir. Compared to the principle of forgiveness (rechterlijk pardon) in the civil law system, the principle of forgiveness (rechterlijk pardon) in Islamic criminal law offers benefits. The formulation of the principle of judicial forgiveness (rechterlijk pardon) in Indonesian criminal law in the future is to prescribe the principle of judicial forgiveness in Islamic criminal law since it is seen to have advantages. Furthermore, incorporating the notion of judicial forgiveness (rechterlijk pardon) from Islamic criminal law into Indonesian criminal law is sociologically consistent with the legal knowledge of the Indonesian people, the majority of whom are Muslims.
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Sari, Asih Puspo. « Pemberian Grasi dan Maaf dalam Bingkai Kajian Teoritik Tindak Pidana Pembunuhan (Studi Komparatif Hukum Positif dan Hukum Islam) ». Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 5, no 1 (30 septembre 2020) : 73–90. http://dx.doi.org/10.22515/al-ahkam.v5i1.2474.
Texte intégralRésumé :
Abstract In the Criminal Code there are several differences that are the reasons for the review of theories and the application of reasons for clemency or forgiveness. The theories that form the basis of forgiveness will lead to different views. In connection with sources of clemency (Positive Criminal Law) and forgiveness (Islamic Criminal Law) have differences. Where clemency is the prerogative of the president as the temporary head of state, forgiveness can only be given by the heirs of the victim as the party who lost the victim. This study aims to find out where the justice is if the granting of pardon/ apology is given by the president with only consideration from the Supreme Court. Meanwhile, in Islamic Law also regulates the apology for the perpetrators of the crime of murder which is the right of the heirs of the victim. This research is a qualitative research with the type of research used is library research. It is said as library research or document study because this research is mostly conducted on written regulations or other legal materials which are secondary in the library. Keyword: Pardon, Forgiveness, and Crime of Murder
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Kamali, Mohammad Hashim. « Amnesty and Pardon in Islamic Law With Special Reference to Post-Conflict Justice ». ICR Journal 6, no 4 (15 octobre 2015) : 442–67. http://dx.doi.org/10.52282/icr.v6i4.297.
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The subject before us has acquired renewed significance in the aftermath of the September 2001 terrorist attacks, the tumult and violence that has been on the increase ever since, but also what followed the advent of the Arab Spring in many Muslim countries. Conflicts that engulf countries and communities rarely, if ever, end by clean endings. They leave behind a host of issues, including the urge to take revenge by the aggrieved parties - hence a vicious circle of violence follows. Post-conflict justice requires careful management, such that measure - for - measure justice may not be the right option in one’s quest to restore peace. The spirit of peace and willingness to give and take, admission of truth and forgiveness may be among the more effective means of healing and moving forward. What role, if any, is there in the midst of all this for Islam’s guidelines on repentance, amnesty and forgiveness is the main subject I address in the following pages. Amnesty, pardon and forgiveness are the means, in Islamic theology and law, as also in most other world traditions, of relieving someone from punishment, blame, civil liability or religious obligation. The same result is often achievable by recourse to certain other methods such as reconciliation, arbitration, and judicial order. This article focuses on an exposition of Islamic law provisions on amnesty (‘afwa). The fiqh positions explored here derive, for the most part, from the Qur’an (normative teaching), or Sunnah of the Prophet Muhammad, pbuh, and general consensus (ijma’) of scholars across the generations. Yet instances are found where fiqhi interpretations of the relevant scripture are reminiscent of historical settings and conditions of their time, which may, upon reflection, warrant further scrutiny and interpretation more in tune with the contemporary conditions of Muslims.
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Karim, Ridoan, Shah Newaz et Ahmed Imran Kabir. « A COMPARATIVE ANALYSIS OF RETRIBUTIVE JUSTICE AND THE LAW OF QISAS ». Journal of Nusantara Studies (JONUS) 2, no 2 (31 décembre 2017) : 169. http://dx.doi.org/10.24200/jonus.vol2iss2pp169-177.
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Discussion on penology generally revolves around the philosophy behind the ‘punishment’ and its ‘implementation’ in order to maintain a crime-free, harmonious society. To understand the philosophy of the major school of thoughts for punishment, this paper discusses the theory of retributivism as a punishment mechanism and relates it to Qisas - the theory of punishment that hinges on Islamic criminal law jurisprudence. The objective of this paper is to compare the retributive concept of punishment with the Islamic theory of Qisas and to unravel how Islam attempts to establish justice through punishment while implementing forgiveness. It is significant to note that we can find a nexus between the retributive and Qisas school of theory that perpetrators should be punished as a consequence of the crime or an act that is against norms of the community. Nonetheless, this paper concludes that Qisas is quite distinct from the concept of retributivism in the case of punishment. Whereas the core of the retributive justice system is to put the moral blame on the offender for the offence and to provide justice through similar punishment; the law of Qisas is more concerned with the fairness and forgivingness.Keywords: Forgiveness, Islamic criminal law, punishment, retributive justice, QisasCite as: Karim, R., Newaz, S., & Kabir, A.I. (2017). A comparative analysis of retributive justice and the law of qisas. Journal of Nusantara Studies, 2(2), 169-177.
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Samara, Abdallah. « Impediments to the Implementation of Criminal Penalties in Sharia and Law : A comparative study ». Jordan Journal of Islamic Studies 20, no 1 (11 mars 2024) : 161–95. http://dx.doi.org/10.59759/jjis.v20i1.375.
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This research study aimed to identify the obstacles to the implementation of penal sanctions in Islamic Sharia law and Jordanian penal law, by examining these obstacles from the texts of the Quran, the Prophetic Sunnah, and the opinions of jurisprudential schools, in comparison with Jordanian penal law. The study concluded that Islamic Sharia differs from some of the legal impediments stipulated by the Jordanian legislator, although it agrees with most of these impediments, especially regarding the avoidance of punishment based on suspicion, the necessity of verifying the elements of the crime, the suspension of punishment in cases of necessity, self-defense, and forgiveness by the victim.
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Ihsan, Muhammad. « DIYAT SSEBAGAI PENGGANTI QISHAS PADA JARIMAH PEMBUNUHAN SEBAB PEMAAFAN ». Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 1, no 2 (30 octobre 2017) : 79–94. http://dx.doi.org/10.32505/legalite.v1i2.267.
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The punishment for the perpetrator of murder is not always required qishas, but it can be done with the payment of Diyat in exchange for the Qishas punishment, in some provisions even the victims’s heir is given the right to choose between Qishas or aplogize. Giving forgiveness is the closest heir of the victim such as husband / wife, father, mother, and child (male / female), and also brothers (male / female), uncle, aunt. The consideration of forgiveness is the motivation to gain rewards, alms, penance, the way to taqwa, forgiveness is one of God's commands. The Apology is filed by the murderer himself or his family, it is asked to the guardian of the murder victim. If the family’s victim decides to apologize the murderer, the offender must pay Diyat in accordance with Islamic Law provision.
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McDougall, Sara. « Pardoning Infanticide in Late Medieval France ». Law and History Review 39, no 2 (mai 2021) : 229–53. http://dx.doi.org/10.1017/s0738248020000267.
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The handling of infanticide in late medieval France offers modern audiences an underappreciated paradox: on the one hand infant murder was deplored as grave sin and crime, on the other hand, it was a pardonable offence, even the infanticidal singlemother who had killed to conceal her sin could obtain royal grace. This is far more than the usual story of law differing from practice. Christian ideology of mercy and forgiveness for sin played a central role in shaping the regulation of illegitimate births as well as abortions, stillbirths, and infanticide. Church and secular authorities alike sought to prevent as well as punish the death of infants, but they also created and implemented systems of justice with the explicit purpose of providing mercy to the repentant murderer, even an infanticide.
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Kamali, Mohammad Hashim. « Exploring Facets of Islam on Security and Peace : Amnesty and Pardon in Islamic Law ». ICR Journal 3, no 3 (15 avril 2012) : 527–31. http://dx.doi.org/10.52282/icr.v3i3.536.
Texte intégralRésumé :
Amnesty, pardon, and forgiveness are the means, in Islamic theology and law, as in most other world traditions, of relieving someone from punishment, blame, civil liability or religious obligation. The same result is often achievable by recourse to certain other methods such as reconciliation, arbitration, and judicial order. The fiqh positions explored here derive from the Quran, normative teaching or Sunnah of the Prophet Muhammad and general consensus (ijma) of scholars for generations.
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Husni, Husni, et N. Hani Herlina. « The Nature of Islamic Ethics and Its Implications for Education ». TAJDID 29, no 1 (20 août 2022) : 29. http://dx.doi.org/10.36667/tajdid.v29i1.1008.
Texte intégralRésumé :
This study seeks to elaborate on the nature of Islamic ethics and its relevance to education. This study is expected to obtain in-depth academic data or information about the nature of Islamic ethics and how it relates to the spirits and values of education. For that purpose, I used the literature review method, which started with identifying, collecting, and grouping relevant articles, to be analyzed and concluded. The results of the study show that the Islamic ethics is relevant to several spirits and values of Islamic education, including sincerity, justice, honesty, feeling the presence of God, obedience to obligations, patience, obedience to the law, forgiveness, commitment to the truth of science, esotericism, and pleasure in giving.
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A'isyah, Siti. « MEMAAFKAN UNTUK PENYELESAIAN KEJAHATAN MASA LALU : ». MAQASHID Jurnal Hukum Islam 4, no 1 (28 mai 2021) : 1–17. http://dx.doi.org/10.35897/maqashid.v4i1.614.
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There are two points by which the theme above becomes necessary, first, the urgency of concerning the topic of holding past crime. Second, concerning the concept of forgiveness in accordance with Islamic doctrine. Forgiveness in Islam is firmly accounted, and even regarded as more honorable than retaliation, in holding past crime. Seeing it through maqsid al-syari’ah (the main goal of Islamic law) or mashlahah, and considering Allah’s right (public’s right) and human’s right (personal right), past crime against humanity is against mashlahah, namely mashlahah dlarury; hifz al-nafs. In fiqh, such a crime is included in qisas in which the perpetrator violates both Allah’s right and human’s right. When the victim forgives him, he is free from the responsibility over the personal right but not the public’s one. To fulfill the latest responsibilty, there are three duties to be done; uncovering the historical truth, confession as well as guarantee of non-recurrence in the future.
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Abdulrazaq Kilani. « Capital Punishment in the Lens of the Shari’ah ». IJUS | International Journal of Umranic Studies 3, no 2 (21 décembre 2022) : 21–30. http://dx.doi.org/10.59202/ijus.v3i2.503.
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Shari’ah as a legal system of law in Islam is greatly misunderstood by a cross section of the intellectuals due to the prescription of capital punishments in the legal system. The paper provides explanation for capital punishment in the Shari’ah using the absolute sources of Islam (Qur’an and Sunnah) and to explain that the Shari’ah and Islamic system provide for reform, forgiveness and pardon. The paper concludes that the revulsion against the Shari’ah and its prescriptions is misplaced as Islamic system is replete with prescriptions of mercy and pardon for offenders.
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Sari, Asih Puspo. « Pemberian Grasi dan Maaf dalam Bingkai Kajian Teoritik Tindak Pidana Pembunuhan (Studi Komparatif Hukum Positif dan Hukum Islam) ». Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 5, no 1 (30 septembre 2020) : 73–90. http://dx.doi.org/10.22515/alahkam.v5i1.2474.
Texte intégralRésumé :
In the Criminal Code there are several differences that are the reasons for the review of theories and the application of reasons for clemency or forgiveness. The theories that form the basis of forgiveness will lead to different views. In connection with sources of clemency (Positive Criminal Law) and forgiveness (Islamic Criminal Law) have differences. Where clemency is the prerogative of the president as the temporary head of state, forgiveness can only be given by the heirs of the victim as the party who lost the victim. This study aims to find out where the justice is if the granting of pardon/ apology is given by the president with only consideration from the Supreme Court. Meanwhile, in Islamic Law also regulates the apology for the perpetrators of the crime of murder which is the right of the heirs of the victim. This research is a qualitative research with the type of research used is library research. It is said as library research or document study because this research is mostly conducted on written regulations or other legal materials which are secondary in the library. Abstrak Dalam KUHP terdapat beberapa perbedaan yang menjadi alasan dari tinjauan teori maupun penerapan alasan Grasi atau pemaaf. Teori-teori yang menjadi dasar tentang alasan pemaaf akan mengakibatkan pandangan yang berbeda. Sehubungan dengan sumber Grasi (Hukum Pidana Positif) dan Maaf (Hukum Pidana Islam) memiliki perbedaan. Dimana Grasi merupakan hak prerogatif presiden sebagai kepala Negara sementara itu, maaf hanya dapat diberikan oleh ahli waris korban selaku pihak yang kehilangan korban. Penelitian ini bertujuan untuk mengetahui dimana kah letak keadilan jika pemberian Grasi/Maaf diberikan oleh presiden dengan hanya pertimbangan dari Mahkamah Agung. Sementara itu, dalam Hukum Islam juga mengatur tentang pemberian maaf bagi pelaku tindak pidana pembunuhan yang merupakan hak dari ahli waris korban. Penelitian ini termasuk penelitian Kualitatif dengan jenis penelitian yang digunakan adalah penelitian pustaka (library reseach). Dikatakan sebagai penelitian pustaka ataupun studi dokumen disebabkan penelitian ini lebih banyak dilakukan terhadap peraturan-peraturan yang tertulis atau bahan-bahan hukum yang lain yang bersifat sekunder yang ada di perpustakaan
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Kuliev, Dzhamali Tofikovich. « Crime under Islamic Law : Definition, Relation with Sins, and Classification ». Islamovedenie 12, no 3 (31 octobre 2021) : 89–101. http://dx.doi.org/10.21779/2077-8155-2021-12-3-89-101.
Texte intégralRésumé :
This article appears to be the result of extensive research dedicated to the question of the correct use of the common language while studying Islamic legal culture, and particularly the con-cepts of sin and crime. Consisting of the Quran and Sunnah of the Prophet Muhammad, Sharia turns out to be the basis for fiqh and Islamic law. The latter is a legal phenomenon implying differ-ent legal concepts such as crimes. As we can see from the legal works analysed, the authors often synonymise the terms ‘sin’ and ‘crime’; at the same time it is strongly recommended to differentiate these terms in the context of Sharia, fiqh and Islamic law. However, in our opinion, it is necessary to distinguish between these two categories, since Sharia that deals only with sins is a set of reli-gious norms not relevant to law and jurisprudence. There is no doubt that Sharia norms can be re-flected in the law, but it is just another evidence of Islamic law to be based on Sharia. Quite the con-trary, crime is a legal concept established by legislation. There are times when Sharia, legislation and legal doctrines coincide, and the same act can be considered both as a sin and as a crime, but it does not mean that they are identified. Thus, the novelty of the study consists in the distinction between the concepts of ‘sin’ and ‘crime’ in Sharia and Islamic Law. Besides, having finished the research in such categories as ‘qisas’, ‘diya’ and ‘tazir’, the author comes to a conclusion that the states which hold themselves out to be ‘Islamic’ ought to include these types in their legislation. Elsewise, such states do not have the right to be called ‘Islamic’.
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Gunaldi Ahmad, M. Atho Mudzhar, Maskur Rosyid et Mhd Rasid Ritonga. « The Death Penalty in Extraordinary Crimes : A Study on Killing Deception (Qatl al-Ghīlah) ». Hikmatuna : Journal for Integrative Islamic Studies 9, no 1 (19 juin 2023) : 14–29. http://dx.doi.org/10.28918/hikmatuna.v9i1.945.
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This study aims to analyze the death penalty against qatl al-ghīlah and its relevance to positive law in Indonesia. Regardless of the debate, the death penalty in Islamic criminal law and positive Indonesian law still recognizes it as a punishment for murder. One of the four types of murder in Islamic criminal law is murder by deception (qatl al-ghīlah). It is similar to premeditated murder but differs in the method and process. This study used the qualitative method in the form of normative juridical research. This study found that, first, qatl al-ghīlah is a type of murder that does not open room for forgiveness, so qiṣāṣ is the only punishment. Second, qatl al-ghīlah differs from premeditated murder, so no specific rules govern it (rechtsvacuum). Third, this study encourages preserving the death penalty in extraordinary crime cases. The principle of justice is the primary basis for this conclusion. This study recommends incorporating elements of Islamic criminal law as one of the elements in national law.
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Powers, Paul. « Offending Heaven and Earth : Sin and Expiation in Islamic Homicide Law ». Islamic Law and Society 14, no 1 (2007) : 42–80. http://dx.doi.org/10.1163/156851907780323825.
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AbstractThe Qur'ān clearly condemns homicide and assigns the freeing of a slave to any who kill accidentally. Classical fiqh manuals, however, display a remarkable range of responses to and disagreements about this dictate. Many jurists hold that freeing a slave here is an instance of kaffāra (expiation), understood as an antidote to sin. Yet accidental homicide is widely deemed non-sinful, so kaffāra is assigned for a non-sin. Further, many say the sin of intentional homicide cannot be expiated. Hanafīs often add the idiosyncratic assertion that freeing a slave is not kaffāra but rather an instance of "thanking the benefactor," an altogether different kind of act. I conclude that freeing a slave in response to homicide is not consistently treated as the expiation of sin. Further, the jurists' treatment of kaffāra forces a reconsideration of the commonplace assertion that Islamic law treats murder as more tort than crime.
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Purwono, Heru. « KEBIJAKAN PENGAMPUNAN PAJAK DI INDONESIA : STUDI ANALISIS MASLAHAH MURSALAH ». JURISDICTIE 8, no 2 (26 février 2018) : 193. http://dx.doi.org/10.18860/j.v8i2.4561.
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The State of Indonesia is a State of Law, so in the case of the policy being made it must be based on the law. Fulfillment of the State’s treasury not using the concept of Islamic State such as zakat, but using taxes, whose legal basis is not derived from the Quran or Sunnah but based on the ijtihad scholars related tax law is based on the Qur’an and Sunnah. This journal study aims to find out how the policy of tax amnesty in indeneia is contrary to the constitution or not, and this writing will also describe how the Islamic view of tax forgiveness. This type of research is normative juridical and research approach is approach concept and approach of law. The results of this study indicate that tax forgiveness in Indonesia is not only for tax runners, but also for tax officials who are negligent in carrying out duties in taxes, tax amnesty is very useful to improve the tax system in Indonesia, tax administration and when viewed from the concept of Mashlahah (Islamic law), the forgiveness of taxes including Mashlahah Dharuriyah which can be useful for Hifzh al-Nafs (keeping soul), and Hifzh al-Mal (guarding the treasures) of all Indonesian people.<br />Negara Indonesia adalah Negara Hukum, maka dalam hal kebijakan yang dibuat harus berdasar pada hukum. Pemenuhan uang kas Negara bukan menggunakan konsep Negara Islam seperti zakat, tetapi menggunakan pajak, yang dasar hukumnya bukan berasal dari Quran atau Sunnah akan tetapi berdasarkan ijtihad para ulama terkait hukum pajak tersebut yang didasarkan pada Qur’an dan Sunnah. Penelitian jurnal ini bertujuan untuk mengetahui bagaimana kebijakan pengampunan pajak di indonesia apakah bertentangan dengan konstitusi atau tidak, dan penulisan ini juga akan mengurai bagaimana pandangan Islam terhadap pengampunan pajak. Jenis penelitian ini adalah yuridis normatif dan pendekatan penelitiannya adalah pendekatan konsep (satute approach) dan pendekatan undang-undang (statute approach). Hasil dari penelitian ini menunjukkan bahwa pengampunan pajak di Indonesia bukan hanya untuk para pelari pajak saja, akan tetapi juga untuk petugas pajak yang lalai dalam menjalankan tugas dalam menarik pajak, amnesty pajak sangat bermanfaat untuk memperbaiki system perpajakan di Indonesia, administrasi perpajakan dan jika dilihat dari konsep Mashlahah (hukum Islam), pengampunan pajak termasuk Mashlahah Dharuriyah yang dapat berguna untuk Hifzh al-Nafs (menjaga jiwa), dan Hifzh al-Mal (menjaga harta) seluruh rakyat Indonesia.
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Fatonah, Rini, et Daffa Ladro Kusworo. « Discontinuation of Prosecution Theft Crime Through Humanist Restorative Justice House in Islamic Criminal Law in Lampung ». Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam 8, no 1 (30 juin 2023) : 45–56. http://dx.doi.org/10.25217/jm.v8i1.3214.
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The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, by seeking to settle cases solely outside the court. The implementation of restorative justice-based termination of prosecution can be applied to the crime of theft as the highest number of cases in Indonesia. Meanwhile, there has recently been the establishment of restorative justice houses in each jurisdiction of the prosecutor's office to optimize the resolution of all legal problems by filtering cases that go to court, dissemination of law to residents, and being able to develop local wisdom by involving local traditional leaders to emphasize consensus deliberation. In essence, Islamic law is a modern law because it has recognized the form of restorative justice settlement in jarimah qisas and diyat. The concept of restorative justice in Islamic criminal law is carried out through peace and forgiveness by realizing the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research approach is to use a normative juridical method with reference to laws and regulations sourced from primary data and literature studies originating from criminal law literature in Indonesia, which is then processed into a specific conclusion. The results of the study show that humanist restorative justice houses are an alternative to solving cases of theft. the embodiment of restorative justice in a hybrid way within the prosecutor's office will be achieved as a humane law enforcement agency in Lampung province. Forgiveness given by the victim, or his family can cancel the kisas punishment. Through the concept of diyat, compensation for compensation for the consequences of the crime can be felt directly by the victim or his family
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Muhyidin, Muhyidin, Yuli Prasetyo Adhi et Triyono Triyono. « Contribution of Islamic Law Concerning The Death Penalty to the Renewal of Indonesian Criminal Law ». Indonesian Journal of Advocacy and Legal Services 4, no 1 (18 avril 2022) : 73–90. http://dx.doi.org/10.15294/ijals.v4i1.55226.
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This paper aims to describe and analyze the contribution of Islamic law in the regulation (policy formulation) of the death penalty in the context of reforming the national criminal law. Determining the death penalty as a means to tackle crime is a policy choice because capital punishment is a pro and con issue among legal experts. Because the debate about the death penalty is related to the right to life which in international legal instruments and the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). Islamic law recognizes the death penalty in a crime that has been determined by Allah SWT. in the Al-Qur’an. The death penalty in Islam gives its color with the idea of balance that does not only focus on the perpetrators of the crime but also the victim. Of course, this idea of balance is following the basic values of Pancasila. The death penalty in Islam in the qishahs punishment recognizes the concept of forgiveness from the victim’s family which needs to be developed in the future, especially in the draft Criminal Code which until now has not been ratified as a means for national law reform.
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Afzal, Muhammad, et Muhammad Khubaib. « Flexibility in the Implementation of Islamic Criminal Law in Modern Islamic Society in the Light of Qur’ān and Sunnah ». Journal of Islamic Thought and Civilization 11, no 1 (20 mai 2021) : 396–410. http://dx.doi.org/10.32350/jitc.111.21.
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Islam holds the balance of justice in the right manner and insists on examining all the conditions and circumstances associated with the offence because Islam is the most natural way of life on account of its suitability, sustainability and flexibility towards human nature. No other legal system in the world has been created for the public interest, the way the Islamic law has been created. This paper focuses upon the flexibility in the implementation of Islamic criminal law (Hudood) in modern society. Islam has made laws that aim to eliminate the causes of crime and not to antagonize the criminal. Sharia imposes preventive punishments which may appear cruel or rough if gazed at without proper consideration. But if contemplated closely, Islam does not execute such punishments unless it discovers that the crime was not justifiable or that the criminal was not acting under any obligation or certain circumstances. The Holy Prophet (SAW) was very careful in the establishment of Hudood because not all crimes were of the same nature and therefore, the same punishments could not be enforced for them. Hence, while applying punishments to crimes; the Holy Prophet (SAW) took into consideration the nationality, personal situations, financial stature and status of the criminal. Thus the Hudood of Allah would be established and the criminal would still have a path to correct him/her and seek forgiveness.
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Syafi’ie, M. « Ilustrasi Praktik Diskriminasi Pengampuan Penyandang Disabilitas Mental dan Tinjauan Maslahat dalam Hukum Islam ». Jurnal Hukum Ius Quia Iustum 31, no 1 (1 janvier 2024) : 179–98. http://dx.doi.org/10.20885/iustum.vol31.iss1.art8.
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The discourse on the legal capacity of persons with mental disabilities is currently increasing among the observers of the rights of the disabled, including Islamic law observers. The present situation is driven by the demands of the disabled community who prefers the policy on giving parole to be abolished, and hopes for it to be altered with another newer policy known as ‘supported decision making’. Parole is considered to be discriminatory, as it violates human rights, and eradicates the rights of certain legal subject which such rights are categorized as the non-derogable rights. This article touches upon two issues, first, it illustrates the practice of offering parole in a way that is considered discriminatory for persons with mental disabilities. Second, it reviews the concept of benefit in Islamic law by looking at the practice of forgiveness that has been conducted. The method used in this research is empirical juridical. The research concluded that, firstly, the parole policy has had an impact on discriminatory practices, violating the rights of persons with mental disabilities, and should be abolished and replaced with a newer policy model, namely ‘supported decision making’, which means that persons with mental disabilities are not replaced (substituted) but facilitated by the creation of a system that provides support in the decision making, especially legal decisions. Second, in Islamic legal thoughts, the policy of giving forgiveness is considered not in line with the concept of benefit. Benefit means that the most essential feature in the legal system is the benefit, public interest, and positive outcomes resulting from the said system. An important conclusion in this research confirms that the parole policy has had a negative impact on persons with mental disabilities, thus should be replaced with a policy of ‘supported decision making’ which is considered useful, non-discriminatory, and in line with the rights of persons with disabilities.
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Sucipto, Imam. « PRINSIP-PRINSIP PENYELENGGARAAN PERADILAN MENURUT FIQH QADHA DAN UNDANG-UNDANG DI INDONESIA ». ISLAMICA 6, no 1 (30 décembre 2022) : 1–9. http://dx.doi.org/10.59908/ijiiai.v6i1.3.
Texte intégralRésumé :
This study aims to analyze the legal system adopted in Indonesia. Mix Law System is one of the applicable legal systems, in addition to the enactment of the national legal system applies also Islamic law. The existence of Islamic Law is manifested in the constitution of the State of Indonesia which is commonly known as the 1945 Constitution of the Republic of Indonesia. Where the 1945 Constitution is a basic law that regulates the life of the nation and state in order to realize a just government and a prosperous people. This research uses an empirical sociological approach method that is descriptive analysis with the use of qualitative data as the type of research and library research as one of the data collection techniques. This research concludes that, first: The principles of Islamic Law that are used as the ideal foundation of fiqh are the principle of tauhidullah, the principle of insaniyah, the principle of tasamuh, the principle of ta'awun, the principle of silaturahim bain annas, the principle of justice, and the principle of benefit. As for knowing the theories of Islamic law enforcement in the apostolic period of Muhammad SAW are the theory of confession, the theory of accession, the theory of proof, the theory of verdicts, the theory of oaths, the theory of forgiveness. Second: Dispute resolution based on classical Islamic law namely, Al Sulh (Peace), Tahkim (Arbitration), Wilayat al Qadha (Judicial power). Third: The principles of judicial administration according to fiqh qadha and Indonesian law there is a strong correlation between the state and Islam, including Islamic law which has become a living law in the life of the nation and state. Fourth: The principles in the constitution also have relevance to the principles in Islamic Law which are regulated in the Quran and the Al-Hadith including the principles of justice, equality, and welfare. Based on this, Indonesia, which is based on Pancasila and the 1945 Constitution, can be reviewed from the perspective of Islamic law as an effort to realize the laws regulated in the Quran and Al-Hadith.
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Reid, Duncan. « Some Theological Issues around Child Protection ». Journal of Anglican Studies 4, no 1 (juin 2006) : 107–12. http://dx.doi.org/10.1177/1740355306064519.
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ABSTRACTThis short piece seeks to offer a theological framing to the issues raised by Garth Blake in his very fine article ‘Child Protection and the Anglican Church of Australia’. What are some of the theological issues behind the current state of affairs with regard to child protection, and the church's attempts to remedy past failures to protect the children in its care? Very briefly I want to mention several clusters of theological issues: responsibility, or the duty of care; forgiveness and betrayal of trust; sin and scapegoating; gospel and law; and the problem of meaning.
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Yulianto, Nurul Amalia Syahrullah, Nur Mohamad Kasim et Erman I. Kasim. « Eksistensi Hukuman Mati terhadap Kasus Pembunuhan Perspektif Hukum Pidana Indonesia dan Hukum Islam ». Al-Mizan 19, no 1 (30 juin 2023) : 21–38. http://dx.doi.org/10.30603/am.v19i1.3500.
Texte intégralRésumé :
The death penalty is one of the issues that has pro and con views. This paper contains behaviours that cause death penalty sanctions and the application of the death penalty in Indonesia based on Indonesian criminal law and Islamic law. This paper is a normative legal research. The determination of this type of research is based on the consideration that the orientation of this study is more intended to find legal rules, legal principles and legal doctrines in order to answer the legal issues at hand. The results show that the death penalty is not in line with respect for human rights that must be respected and protected, while in Islamic teachings, if it occurs, the term qisas (retaliation in kind) is known, namely if someone kills, then the reply is also murder, but on the other hand the term forgiveness from the victim's family is known, so qisas is not applied.
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AL- Karboly, Muheneid Hamad Ahmed. « Scientific Trips Between Iraq and The Islamic East and Its Strategic Dimensions ». Journal of AlMaarif University College, no 32(1) (27 janvier 2021) : 365–415. http://dx.doi.org/10.51345/.v32i1.255.g199.
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The Islamic state between its regions and cities, there had to be a way to communicate among the people, and to know what was between them was acceptable and accepted and rejected. Centers for attracting scholars in Baghdad, Basra, Kufa, and Wasit, an important role in attracting and embracing scholars, especially Baghdad. The scholars of the Islamic East came to learn from Baghdad, Basra, Kufa, and Mosul. He was educated at the hands of Iraqi scholars, so a portion of these people went to their countries to spread their knowledge that they had learned after that great world permitted them and gave them their confidence, and some of them settled in Iraq. There are scholars who came from the Islamic East. They learned from Iraq’s scholars, and then they went on to spread their knowledge, and they have great merit in bringing all mental sciences and other useful sciences into the country for people to know and thus the nations will be known. There were also trips to the Levant, Egypt, and Andalusia. I thank the scholars for the good they have given us, and if they sin, I ask God Almighty to pass away from them and satisfy them with the consent of Heaven and Forgiveness, without them they would not have known. I can say that the Mashreq scholars who led to Iraq represented more than twice, who went from Iraq to the Islamic Mashreq, and this is what helped the Islamic Mashreq to thrive and God knows best.
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Wahyuningsih, Sri Endah, et Jawade Hafidz. « THE DEVELOPMENT OF THE INDONESIAN CRIMINAL CODE DERIVED FROM THE YUDICIAL PARDON VALUE IN ISLAMIC LAW ». ADDIN 11, no 2 (1 août 2017) : 295. http://dx.doi.org/10.21043/addin.v11i2.2475.
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This paper aims to make efforts to develop the Criminal Code derived from the yudicial pardon value in Islamic law as a law that lives and thrives in society. The Criminal Code as the basis of criminal law enforcement is a legacy of the Dutch era which do not know peace to end up the case. It is not in accordance to Pancasila as the basis for legal development in Indonesia. Research method used socio legal and qualitative data analysis. The result of the research claims that Islamic law is a legal source in the development of the justice Criminal Code, forgiveness is possible in the <em>jarimah</em><em>-hudud</em> and <em>qisas-diyat</em> in solving the criminal case. Implementation in the development of the Criminal Code needs to be added to the reason for the abolition of criminal prosecution if between the perpetrator and the victim is already forgiven, further, in the case of a crime with a slight loss the judge may decide to be forgiven even if the defendant is found guilty.
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Neimarlija, Muamer. « Religious pedagogical conceptualization of the qur'anic description of slander ». Zbornik radova Islamskog pedagoškog fakulteta u Zenici (Online), no 21 (15 décembre 2023) : 307–30. http://dx.doi.org/10.51728/issn.2637-1480.2023.307.
Texte intégralRésumé :
From the perspective of Islamic theological thought, every sin, in addition to otherworldly consequences, produces some damage in this world. Sins the effect of which is limited to an individual have the potential to affect negatively one’s spiritual and physical constitution, while sins in the sphere of interpersonal relationships destroy the social fabric. Considering the consequences for the vitality of social structures, a particularly destructive sin is the sin of slander. In the theological sources of Islam, the most well-known case of slander is the Hadisetu-l-Ifk or the slander against Aisha, RA. The honorable Qur'an and hadith sources give a detailed description of this event. Based on the Qur'anic and hadith sources, this paper aims at conceptualizing categories and processes essential for the revitalization of interpersonal relationships after the state of disturbed social dynamics due to slander. In addition to the aforementioned sources, the aim was achieved by relevant insights into certain disciplinary areas of contemporary science. A discourse analysis and case study methods were applied in the paper (Popadić, Pavlović & Žeželj, 2018) as well as the methodological approach of combining traditional and rational interpretation, as the best approach for analyzing the Holy Qur'an (Halilović, 2015). The obtained results contribute to the revitalization and development of healthy interpersonal relationships and positive dynamics of interpersonal relationships. Keywords: Qur'an, family, interpersonal relations, social ties, forgiveness, religious pedagogy
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Hapsin, Abu, et Nazar Nurdin. « Diat and Peace Money in the Crime of Culpable Homicide ». Al-Ahkam 32, no 2 (30 octobre 2022) : 189–210. http://dx.doi.org/10.21580/ahkam.2022.32.2.12413.
Texte intégralRésumé :
Islamic Law and Indonesian Criminal Law place compensation as an essential part of criminal liability. The fundamental difference is that compensation is primary in Islamic law, while positive law is an alternative. This paper examines and compares the application of the theory of diat and compensation in the crime of culpable homicide. The writing is framed with a normative-empirical approach, with data sources from books and court decisions. The results of the study show three things: First, diat and peace are different conceptions. Diat refers to property given in exchange for a slain soul, while peace is given as a compensation fee and as an effort to forgive. Second, the amount of compensation in the diat is regulated in detail with a certain nominal. At the same time, positive law is an agreement considering the perpetrator's ability. Third, compensation in the diat is an inspiration for developing legal theories such as restitutive justice, which emphasizes the importance of forgiveness and reconciliation between two parties. Research suggestions so that the diat theory can be developed into modern law so that it can be an inspiration for lawmakers so that in its application, the diat theory can be a reason for the abolition of crimes, not limited to leniency.
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Kurniawan, Kukuh Dwi. « Porn videos as evidence of adultery : a comparative study of Indonesian criminal law and Islamic law ». Legality : Jurnal Ilmiah Hukum 30, no 2 (11 septembre 2022) : 166–81. http://dx.doi.org/10.22219/ljih.v30i2.20808.
Texte intégralRésumé :
Adultery is one of the categories of crimes that are prohibited under Indonesian law and is also categorized as a major sin according to Islamic law. With so many porn videos circulating through social media or the internet, the question of what if porn videos are used as evidence in court so that they can prosecute adulterers is raised. The purpose of this study is to find video criteria that can be used as legal evidence according to Islamic law and Indonesian Criminal Law. This study aims to find video criteria presented as legal evidence according to Indonesian criminal law and Islamic law so that it can be used as a reference for reforming Indonesian criminal law. This research was conducted by comparing Indonesian criminal law and Islamic law regarding video criteria as evidence of adultery. The results of this study found that according to Indonesian criminal law, because of the Constitutional Court's Decision No. 20/PUU-XIV/2016 there are limitations on videos that can be used as evidence in court, namely the method of acquisition must be in accordance with applicable legal rules. Meanwhile, according to Islamic criminal law, videos can be used as evidence of qorinah or instructions, but materially the content of the video contains the entry of almurd into the mikhalah. Based on these findings, the adultery video can be used as legal evidence, it can be referred to base on Islamic law by positioning it as evidence of guidance, and although qoth'i there must be four men as witnesses on charges of adultery.
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Rejjabbaevich, Rakhmanov Abdumukhtor. « Some Specific Aspects And Forms Of Islamic Civil Law. » Psychology and Education Journal 58, no 2 (1 février 2021) : 1462–69. http://dx.doi.org/10.17762/pae.v58i2.2296.
Texte intégralRésumé :
The article deals with the issues connected withthe oath,debtand guaranteein Islamic law. The oath can be admitted only by adult and sane person. The Islamic law rules on oaths, debts and suretyship are unique.It is forbidden to swear by anything other than the name of Allah. If he swears in the name of Allah, he should have to keep his oath. If he forswears, he atones for his sin – kaffarat. According to Islamic studies, no matter what hardships a person faces, Muslims should extend a helping hand to him. When a person is in a difficult financial situation, when he feels the need for money to meet his basic needs for food, shelter, treatment, etc., he should rush to help him with debt and help him as much as possible without usury, fraud and deception.
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Leuna, Juan Veron, et Jemmy C. Najoan. « Dosa yang Mendatangkan Maut dan Dosa yang Tidak Mendatangkan Maut : Analisa berdasarkan konteks Dosa dalam buku 1 Yohanes ». Journal on Education 5, no 4 (26 avril 2023) : 16437–46. http://dx.doi.org/10.31004/joe.v5i4.2799.
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The understanding of sin that leads to death and sin that does not lead to death in 1 John. 5:16, 17 is still a topic of debate among Bible scholars. Various opinions, both based on theological interpretations and biblical studies, have emerged to find out the definitions of these two types of sins. Further discussion to understand this verse is needed to gain more thorough understanding. By using several aspects of the exegesis method, the author tries to find out the meaning of sin that leads to death and sin that does not lead to death. The emphasis of this study is on the analysis of sin in the book of 1 John specifically in 2:1 and 3:8 and then compares it with the contents of 5:16, 17. The results of the discussion prove that a sin that leads to death is a condition in which a person commits a sin but does not come by faith in Jesus who is the Mediator and in a situation where a person knowingly commits a sin or acts in violation of God's law continuously. These two conditions will lead to death. while sin that does not bring death is a condition in which a believer who, in his life's journey, could have committed a sin but then came and confessed it before God. That person will get forgiveness from Allah and he will not experience eternal death.
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Sulastri, S., S. Suharto, Z. Zuhraini et Siti Nurjanah. « LEGAL PROTECTION OF CHILD VICTIMS OF SEXUAL VIOLENCE AS A CONTINUOUS PROTECTION MEANS (Islamic Law Studies and Psychoanalytic Psychological Theories) ». SMART : Journal of Sharia, Traditon, and Modernity 1, no 2 (31 décembre 2021) : 128. http://dx.doi.org/10.24042/smart.v1i2.10976.
Texte intégralRésumé :
Child protection is a right that must be obtained by children as it has become their rights as stated in the law. Child protection is a guarantee for its part to be upheld because in the constitution there is a guarantee of human rights, especially if you have been a victim of sexual violence. This article aims to find out how legal protection is for Child Victims of Sexual Violence and from the point of view of Islamic law and psychoanalytic psychology theory, which in the end can become sustainable protection. As a country that has various religions, there is Islam which plays a role in providing enlightenment, which is described in Islamic law with various theories. In addition, psychological impacts occur for children, will affect development so it is necessary to know how efforts must be made in terms of Psychoanalytic Psychology theory for this is an ongoing protection given to children as victims of sexual violence. This study uses a qualitative method with subjects AM (14 years) and MT (12 years) who are victims of sexual violence and stepfather perpetrators. The results of the research are: Legal protection must still be obtained, even though there has been a statement of forgiveness by the child as a victim inasmuch as this is clearly influenced by the psychological energy of anxiety caused by him getting wrong treatment from people who must provide protection to him. Islamic law exists so that children get their rights, including protection, education rights, custody rights, housing rights, the right to make choices, the rights of opinion and rights as children who are the hope of the nation.Keywords: Legal Protection, Child Victims Of Sexual Violence, Continuous Protection Means, Islamic Law, Psychoanalytic Psychological Theories
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Rustam, Suhartina, Muhammad Sabir et Abdul Rahman Qayyum. « BULIMIA NERVOSA BETWEEN ISLAMIC LAW AND HEALTH PERSPECTIVE ». Al-Risalah Jurnal Ilmu Syariah dan Hukum 20, no 2 (15 novembre 2020) : 136. http://dx.doi.org/10.24252/al-risalah.v20i2.19970.
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The purpose of this research is to 1) determine the factors that influence the employees of Bank Axa Mandiri Makassar City to carry out Bulimia Nervosa. 2) To formulate the prevention and treatment of bulimia nervosa. 3) To indetify the harm of bulimia nervosa behavior in terms of health and Islamic law aspects. Answering these problems, the author uses the health and syar'i approach. The health approach is used because it refers to the scope of Islamic law. This type of research is qualitative research (field research), then a sociological (community) approach technique by examining the field's facts. This study's results indicate the factors that cause the employees of the Makassar City Axa Mandiri Bank to commit Bulimia nervosa, namely because of the demands of their work and wanting to satisfy their appetite. In terms of health aspects, the harmful behavior of bulimia nervosa can cause various diseases. As for the behavior of bulimia nervosa in terms of Islamic law, it is an act that is prohibited and makes the perpetrator will get a sin. Bulimia nervosa prevention can be done with gratitude, increased self-confidence, being realistic, adjusting eating patterns, and socializing. Several steps can be taken to take action to treat bulimia nervosa with psychologist therapy.
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Hatta, Muhammad. « Penyelesaian Perkara Pidana Melalui Mekanisme Mediasi ». Al-Jinayah Jurnal Hukum Pidana Islam 4, no 2 (9 décembre 2018) : 220–46. http://dx.doi.org/10.15642/aj.2018.4.2.220-246.
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In the Indonesian legal aspect, mediation can be applied to all civil cases, even before the judge checks the lawsuit in court, the judge must direct the disputing parties to take part in the mediation session. On the contrary, mediation cannot be applied to criminal cases because it is not regulated in criminal procedural law. In Islamic criminal law, cases that can be resolved through mediation are qisas, diyat and ta`zir. Qisas and diyat known as penalties that have been determined by the nash which violate human rights (individuals) so that victims or their heirs can forgive the perpetrators. To get forgiveness from the victim's heirs, the perpetrator can ask someone, organization or government as a mediator to consult so that the victim's heirs will forgive the perpetrator's mistake. Furthermore, ta’zir is fully handed over to government policy (ulil amri), including the material law and procedural law. The government can make regulations that adopt mediation mechanisms to resolve conflicts that occur in the community.
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Melhem, Basem, Hitham Haloosh et Qais Ali Mahafzah. « The Perspective of Moral and Financial Rights of Intellectual Property in Islam ». Arab Law Quarterly 23, no 4 (2009) : 457–68. http://dx.doi.org/10.1163/157302509x467399.
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AbstractDuring the Islamic era, Muslims were pioneers in preserving intellectual property rights. Nowadays, however, according to Halāl and Harām, Islamic scholars view intellectual property rights differently, depending on the perspective taken during consideration. As a consequence, one may question whether there is any basis for the concept 'intellectual property rights' in Islamic rules, values, or thoughts, and whether violation of such rights would constitute a sin, similar to violation of any other tangible property. This study on intellectual property rights presents diverging opinions encountered in Islam and concludes that issuing a verdict of Harām or Halāl would be unsuitable for the violation of intellectual property rights, which is a secular issue. The concept 'Intellectual Property' existed in Islam centuries ago in the dress of moral rights. While financial rights, on the other hand, are an arguable issue, intellectual property rights shall be protected and affected as well.
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Rejjabbaevich, Rakhmanov Abdumukhtor. « Rules And Forms Of Making Oath And Debt In Islamic Law ». American Journal of Political Science Law and Criminology 03, no 02 (28 février 2021) : 87–95. http://dx.doi.org/10.37547/tajpslc/volume03issue02-12.
Texte intégralRésumé :
The article deals with the issues connected with the oath and debt in Islamic law. The oath can be admitted only by adult and sane person. The Islamic law rules on oaths, debts and suretyship are unique. It is forbidden to swear by anything other than the name of Allah. If he swears in the name of Allah, he should have to keep his oath. If he forswears, he atones for his sin named kaffarat. According to Islamic studies, no matter what hardships a person faces, Muslims should extend a helping hand to him. When a person is in a difficult financial situation, when he feels the need for money to meet his basic needs for food, shelter, treatment, etc., he should rush to help him as much as possible not intending to usury, fraud and deception.
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Andriyani, Andriyani, et Rusmala Dewi. « Local Wisdom Becomes the Commander in Criminal Resolution ». Nurani : Jurnal Kajian Syari'ah dan Masyarakat 23, no 2 (29 décembre 2023) : 313–26. http://dx.doi.org/10.19109/nurani.v23i2.19935.
Texte intégralRésumé :
Settlement of criminal cases through peaceful means is highly recommended, especially in minor criminal cases. This is important so that cases do not accumulate. This method is widely applied in customary law which prioritizes restorative justice. However, not all customs that exist in society can be accepted by Islamic law. Therefore, this research conducted a study of the "tepung tawar" custom that exists in the Ibul Village community. The research uses a qualitative type with a field research model. The data processed consists of primary, secondary and tertiary data. The research was conducted in Ibul Village, Belida Darat subdistrict. The results of the research reveal that in the tepung tawar tradition there is a very high element of forgiveness. This aims to ensure that there are no grudges between the disputing parties, so that they can continue to live peacefully side by side in society. In the Ibul village community, it is customary for "tepung tawar" to be the commander-in-chief in resolving criminal cases of abuse. There are no elements that conflict with Islamic law in this customary practice, so the "tepung tawar" custom is included in the al-‘urf al-shahihah category so it can be accepted as a legal basis.
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Behniafar, Ahmad Reza, et Mahmood Poyan. « Corporal Punishment of Children in Iranian Law and International Instruments ». Journal of Politics and Law 9, no 3 (28 avril 2016) : 16. http://dx.doi.org/10.5539/jpl.v9n3p16.
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Corporal punishment of children in their education are important issues that historically have been accepted and Yankvhsh Unfortunately in today's society has neglected the rights of children and adults of these rights by violated. Islamic jurisprudence is recommended to right what ways? As well as laws have been codified in law what is? In the verses of Quran and Hadith from the infallible Imams come from (PBUH) emphasizes the reverence, love, forgiveness, compassion and Rfq and productive than children. On Islamic law, as is early in the punishment of child esteem and under certain conditions as a measure to maintain the system for training and behavior modification, family and children, voided, and to protect the interests, sanctions such as liability and responsibility, provided is. In this regard, in particular understanding of Islam and Shiite jurisprudence that laws in our country is the source and the directive could be an important step for appropriate legislation B for children. The law tries years of punishment and corporal punishment of children to prevent and eliminate this phenomenon in human society and in recent years a comprehensive international instrument to assert the rights of children and the prohibition of corporal punishment for exercising their raised have. Thus, at the outset, and seemingly contradictory approaches is formed. Therefore, in this study, explain and evaluate the real subject of two approaches have been tried according to the interests, rights, education, interests and protect the interests of children, the ways to close the two approaches together will be offered.
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Royani, Yayan Muhammad. « Relevance of the Position of the Victims in Indonesian Positive Law and Islamic Criminal Law ». Walisongo Law Review (Walrev) 4, no 2 (31 octobre 2022) : 193–220. http://dx.doi.org/10.21580/walrev.2022.4.2.13244.
Texte intégralRésumé :
The position of the victim in the criminal justice system is not considered as a subject or object. These problems are inseparable from the understanding that criminal law only regulates the relationship between the state and individuals. Positive laws governing the position of victims are contained in the Criminal Code and Criminal Procedure Code as well as regulations outside the criminal justice system. The regulation is very limited to the victim as a legal object, not a determinant. In the perspective of Islamic law, the position of the victim is regulated in the crime of qisas and takzir. Victims get the right to determine punishment for criminals by implementing qisas, forgiveness or diyat. In the takzir crime, the ruler or judge can determine to compensate the victim as a forgiving or reducing crime. This research is a normative juridical research with a comparative approach. The results of the study indicate that there are similarities and differences in the regulation regarding the position of victims in positive law and Islamic law. Equality lies in the types of rights received by victims in the form of material compensation, compensation, restitution and rehabilitation except in takzir in the form of a decision to marry a rape victim. The difference lies in the position of the victim in positive law which does not include the victim as part of the criminal justice system, while in Islamic law as in qisas, the victim is an inseparable part of the criminal justice system.Kedudukan korban dalam sistem peradilan pidana tidak dianggap sebagai subjek ataupun objek. Permasalahan tersebut tidak terlepas dari pemahaman bahwa hukum pidana hanya mengatur hubungan antara negara dan individu. Hukum positif yang mengatur tentang kedudukan korban terdapat dalam KUHP dan KUHAP serta regulasi di luar sistem peradilan pidana. Pengaturannya sangat terbatas kepada korban sebagai objek hukum bukan penentu. Dalam perspektif hukum Islam kedudukan korban diatur dalam tindak pidana qisas dan takzir. Korban mendapatkan hak sebagai penentu hukuman bagi pelaku tindak pidana dengan pelaksanaan qisas, pemaafan atau diyat. Pada tindak pidana takzir penguasa atau hakim dapat menentukan mengganti kerugian korban sebagai pemaaf atau pengurang tindak pidana. Penelitian merupakan penelitian yuridis normatif dengan pendekatan perbandingan. Hasil penelitian menunjukkan bahwa terdapat persamaan dan perbedaan pengaturan tentang kedudukan korban dalam hukum positif maupun hukum Islam. Persamaan terletak pada jenis hak yang diterima korban berupa pengganti kerugian materi, konpensasi, restitusi dan rehabilitasi kecuali dalam takzir berupa putusan untuk menikahi seorang korban perkosaan. Perbedaan terletak pada kedudukan korban dalam hukum positif yang tidak memasukan korban bagian dalam sistem peradilan pidana, sedangkan dalam hukum Islam sebagaimana qisas, korban merupakan bagian yang tidak terpisahkan dari sistem peradilan pidana
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Muhammad Taufan Djafri, Syandri Syandri, Aswar Aswar et Zulkarnain Alim Said. « Tinjauan Hukum Islam tentang Adat Istiadat Ma’rate’ dalam Acara Pernikahan (Studi Kasus Kelurahan Pantai Bahari Lambupeo’ Bangkala, Kabupaten Jeneponto) ». BUSTANUL FUQAHA : Jurnal Bidang Hukum Islam 2, no 2 (20 août 2021) : 287–300. http://dx.doi.org/10.36701/bustanul.v2i2.363.
Texte intégralRésumé :
The purpose of this study was to discover the Ma'rate customary law in marriage according to the perspective of Islamic law. This research uses a qualitative approach with the type of field research (field research) and uses a normative and socioanthropological approach. The results of the study show that Ma'rate customs are never separated from the combination of culture and Islamic law. Ma'rate in the Islamic perspective has three elements of value, namely; 1) Moral values (in Ma'rate custom the host is obliged to honor guests such as providing food); 2) Cultural values (Ma'rate custom is no longer by its implementation as in the beginning, and this change is seen from the equipment that must be provided, where Ma'rate custom is now only an effort to preserve tradition); and 3) The value of worship (in the Ma'rate custom there are activities to pray for the bride and groom and humans in general). If the community can maintain Islamic values and not fall into sin, then Islamic law shows that the Ma'rate custom can be carried out on the condition that it does not conflict with the Qur'an, the sunnah of the prophet, and the rules of ushul fiqh.
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Azisi, Ali Mursyid, Najah Nadiah Amran, Eva Putriya Hasanah et Mevy Eka Nurhalizah. « Initiating Interfaith Fiqh in the Modern Era : An Effort to Contextualize Rahmah and Humanist Islam in Digital Space ». Religió Jurnal Studi Agama-agama 13, no 2 (1 septembre 2023) : 188–208. http://dx.doi.org/10.15642/religio.v13i2.2403.
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Abstract: The article reveals the crucial role of contextualizing fiqh as the foundation of Islamic law in addressing contemporary human challenges, with a particular focus on interfaith fiqh. In the modern era when societies are increasingly diverse and interconnected, it is imperative to adapt and advance Islamic legal principles to effectively address current issues and promote harmonious coexistence. This article uses library research as a data collection technique and theory of maslahah to discuss the subject. It argues that fiqh has the capacity to adjust to the demands of the contemporary era. Interreligious fiqh in Indonesia needs to get more attention, which will be a social landmark in the midst of social diversity. In essence, in sharia, Islamic principles promote mutual respect social control, deliberation, peace, pluralism, brotherhood, loving-kindness, equality, fairness, freedom, responsibility and honesty. Efforts that can be taken are: (1) practicing mutual forgiveness, (2) respecting human dignity, (3) being fair and creative in solving problems, and (4) formulating a peaceful civilization with a loving-kindness approach. Because digital space is the second place of socialization and has been a primary need for modern humans, by utilizing such social medias as Instagram, WhatsApp, websites, Facebook and other platforms, this article supports the socialization process of fiqh products which are inclusive, humanist and pluralist.
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Alwy, Muhammad Rijaldy. « THE ‘AFW PRINCIPLE AND THE INDONESIAN RESTORATIVE JUSTICE SYSTEM : A RESTORATIVE JUSTICE OBJECTIVE ». JURNAL HUKUM ISLAM 19, no 2 (29 novembre 2021) : 313–28. http://dx.doi.org/10.28918/jhi.v19i2.5021.
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This article explains the implementation of the 'afw principle, a forgiveness principle known in Islamic criminal law, as an objective of Restorative Justice. Although the restorative justice has not been regulated in specific and comprehensive legislation in Indonesia, the restorative justice is currently regulated in at least three different institutional regulations, including the Circular Letter of the Chief of the Indonesian Police Number SE/8/VII/2018 (SE Kapolri), the Regulation of Indonesian Attorney Number 15 of 2020 (Perja), and the Decree of the Director General of the General Judiciary Body Number 1691/DJU/SK/PS.00/12/2020 (SK Dirjen Badilum). The three regulations provide a broad and slightly different explanation of how restorative justice objective is, which is likely to be interpreted in different means. However, the three institutional regulations have a similar approach to reconcile the victim and the perpetrator. The reconciliation seems to be a predominant restorative justice objective to enforce a criminal offence in Indonesia. The reconciliation is also deemed a final process of restorative justice, so the victims are perceived to have no further interest in charging the perpetrator with the criminal case. This article believes that the ‘afw principle can be implemented as a complement objective of restorative justice. Apologising for what the perpetrator committed to the victim and the forgiveness from the victim on what the perpetrator committed are essential bases of the ‘afw principle to realise the expected reconciliation. This research uses a doctrinal methodology by analysing primary data sources, such as Indonesian legislation and Islamic sources of law, and secondary sources from relevant literature. The result indicates that there has not been comprehensive Indonesian legislation on restorative justice, particularly in terms of the objective. Incorporating the 'afw principle as a restorative justice objective will provide more sense of justice for the victim and the alleged offender. Therefore, as a part of Indonesian criminal law reform, alongside the reconciliation approach as the final phase of the restorative justice process, the 'afw principle can be established as one of the objectives of restorative justice enforcement in Indonesia.
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Putri, Evhy Sekarwangi, Muh Yusril Faudzi et Kurniati Kurniati. « Peran Pemimpin dalam Menangani Konflik Keamanan Nasional : Perspektif Etika Politik Islam ». Ethics and Law Journal : Business and Notary 2, no 2 (30 juin 2024) : 202–17. http://dx.doi.org/10.61292/eljbn.204.
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This research discusses the role of leaders in resolving state security conflicts based on the perspective of Islamic political ethics. Leaders play an important role in achieving peace and prosperity in a country, so that in resolving a state security conflict, leaders participate fairly in maintaining the security of the people and the state. The purpose of this study theoretically is to provide an academic contribution on how the role of leaders in resolving state security conflicts based on the concept of Islamic political ethics. Practically, this research reveals how the methods and contributions of leaders in resolving national security conflicts based on the concept of Islamic political ethics. The results of this study reveal that in Islamic political ethics, the role and methods of leaders in dealing with national security conflicts rely heavily on the principles of justice (Al-Adl), wisdom (Hikmah), protection and security (Maslahah), consultation (Shura), forgiveness and reconciliation (Afw and Sulh), and law enforcement (Qisas and Ta'zir). Research shows that leaders who apply these principles are able to create a just, safe, and harmonious environment, which in turn increases community trust and well-being. Leaders are required to act impartially, use discretion in decision-making, protect individual rights and community safety, involve the community in the decision-making process, and encourage forgiveness and reconciliation. Shariah-compliant law enforcement is also emphasized to maintain justice and prevent further crimes. AbstrakPenelitian ini membahas mengenai peran pemimpin dalam menyelesaikan konflik keamanan nasional berdasarkan perspektif etika politik islam. Pemimpin berperan penting terhadap tercapainya perdamaian dan kesejateraan dalam sebuah negara, sehingga dalam menyelesaikan sebuah konflik keamanan negara, pemimpin ikut adil dalam menjaga keamanan rakyat dan negaranya. Tujuan penelitian ini secara teoritis adalah untuk memberikan kontribusi akademis bagaimana peran pemimpin dalam menyelesaikan konflik keamanan nasional berdasarkan konsep etika politik islam. Secara praktis penelitian ini mengungkap bagaimana metode dan kontibusi pemimpin terhadap penyelesaian konflik keamanan nasional yang di dasarkan pada konsep etika politik islam. Hasil penelitian ini mengungkapkan bahwa dalam etika politik Islam, peran dan metode pemimpin dalam menangani konflik keamanan nasional sangat bergantung pada prinsip-prinsip keadilan (Al-Adl), kebijaksanaan (Hikmah), perlindungan dan keamanan (Maslahah), konsultasi (Shura), pengampunan dan rekonsiliasi (Afw dan Sulh), serta penegakan hukum (Qisas dan Ta’zir). Penelitian ini menunjukkan bahwa pemimpin yang menerapkan prinsip-prinsip ini mampu menciptakan lingkungan yang adil, aman, dan harmonis, yang pada akhirnya meningkatkan kepercayaan dan kesejahteraan masyarakat. Pemimpin dituntut untuk bertindak adil tanpa memihak, menggunakan kebijaksanaan dalam pengambilan keputusan, melindungi hak-hak individu dan keamanan masyarakat, melibatkan masyarakat dalam proses pengambilan keputusan, serta mendorong pengampunan dan rekonsiliasi. Penegakan hukum yang sesuai dengan syariah juga ditekankan untuk menjaga keadilan dan mencegah kejahatan lebih lanjut.
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Kamali, Mohamad Hashim. « Tas'ir (Price Control) in Islamic Law ». American Journal of Islam and Society 11, no 1 (1 avril 1994) : 25–37. http://dx.doi.org/10.35632/ajis.v11i1.2453.
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The market (suq or Bazar)has a distinctive place in the history ofIslamic civilization. Makkah and MadInah were major trade centers at thetime of the advent of Islam, and the prophet was himself an active marketparticipant and reformer. There were famous markets-'Ukkaz, Majannah,and Dhu al Majaz- in pre-Islamic Arabia that commonly held fairsduring the pilgrimage season. This practice was conhued after the appearanceof Islam, for when the new Muslims felt that it might be sinfulfor them to trade in such places (al Zubayli 1984), the following versewas revealed: "There is no sin if you seek the bounty of your Lotd(during the pilgrimage)" (Qur'an 2:198).The main theme here is religious: allaying the fear of indulging insin. However, it is Significant that this potentially sinful activity was refe d to in such dignified term as "seeking the bounty of your Lotd."Elsewhere in the Qur'an, we find passages dealing withthe market's culturalElspects, such as the verse that asks whether it is proper for the Prophetto mingle with the common people in the market place. The answerreceived was that prophets, just like everybody else, ate free to interactand engage in commercial tnmsactions in the mark& "And they say:What sort of a messenger is this, who eats food and walk- through thestreets? Why has not an angel been sent down to him to be a Warner withhim?" (Qur'an 257) and "And the Messengers whom We sent before youwere all (men) who ate food and walked through the streets" (Quran25:20). The second citation refers to market activity in a mainly econofnicand historical context, one that highlights the market's role in providingfoodstuffs and the fact that all prophets mixed with their people on thebasis of equality. In other words, they were ordinary men whose spiritualvalue was not compromised by engaging in market activities.These verses characterize Islam’s worldview in gened and its viewof the market’s diverse nature in particular. Islam reaffirms its holistic approachto life and informs us that the market is an arena for the combinedinterplay of culture, religion, economics, and history. This was partly due,perhaps, to the Prophet’s own commercial experience and acumen, whichhe put to good use as his future wife’s (Khadijah) trusted agent and thatled eventually to the reform of Arabian commercial practices. These reformssought to purify the market of practices that differed from Islamicideals of fair play, honesty, and justice. In many ways, a market is likean open theater, for it displays the unfolding of a portion of a civilization’sbest achievements as well as its worst weaknesses and pitfalls.One frequent issue is the need to recognize the free market principle:the goveming of trade solely by the natural interplay of the economicforces of supply and demand. Only in such a market, it is argued, is oneurged to strive and compete with his/her peers in pursuit of betterproducts or services. No market can exist without a profit motive, and theright to make a profit must never be eliminated. Thus a market regulatormust be concerned with asceltaining that legitimate profit does not exceedthe limits of fair gain and that an individual’s greed and desire for profitare controlled. The intention is to ensure that skilled market operators donot take advantage of an unsuspecting customer’s ignorance and naivety.Broadly speaking, one may say that this was the main goal of thenew Islamic rules introduced into the Arabian market’s economic life. Nolaw dealing with the quantitative limits of profit was promulgated, forprofit is the result of supply and demand and so is not a concern of thelaw. The law’s role is limited to ensuring the market’s morality, as wellas the propriety and fairness of its participants and their activities (i.e.,prohibiting fraud and misrepresentation), and implementing precautionarymeasures to prevent or rectify unfair trading practices ...
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Rahmiati, Rahmi, et Zulkhairi Sofyan. « العلاج النفسي في " أنا متأسف " لسميح القاسم ». An-Nahdah Al-'Arabiyah 2, no 1 (9 février 2022) : 13–29. http://dx.doi.org/10.22373/nahdah.v2i1.1493.
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Abstract : This articel aims to examine the Psychotherapy Aspect of a servant in his prayer on Qasidah Samih Al- Qaseem “’Ana muta’assif". In the beginning of Qasidah he starts by calling his God and then complains about his suffering. The poet describes that he really needs help and forgiveness from his God so that the suffering he experiences disappears. And he considers his sin to be the cause of the suffering. This is a new study in literature by looking at the psychological aspects of a servant which is studied with Islamic Psychotherapy Theory which is divided into four sides, namely morals, mental, spiritual, and physical.
Abstrak : Makalah ini bertujuan untuk mengkaji Aspek Psikoterapi seorang hamba dalam munajatnya pada Qasidah Samih Al-Qaseem “’Ana Muta’assif” . Dalam permulaan Qasidah ia memulai dengan memanggil Tuhannya dan kemudian mengadu tentang penderitaannya. Penyair menggambarkan bahwa ia sangat membutuhkan pertolongan dan ampunan dari Tuhannya supaya derita yang dialaminya sirna. Dan ia mengganggap bahwa dosanyalah penyebab dari datangnya derita itu. Hal ini menjadi telaah baru dalam sastra dengan melihat aspek psikologi seorang hamba yang dikaji dengan Teori Psikoterapi Islam yang terbagi pada empat sisi yaitu akhlak, mental, spiritual, dan fisik.
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الفاتح طه, سامية. « دورالعقوبة الإسلامية في مكافحة الجريمة ». Omdurman Islamic University Journal 15, no 1 (19 septembre 2019) : 149–86. http://dx.doi.org/10.52981/oiuj.v15i1.1347.
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The Role of Islamic Punishment in Combating Crime This research will define the role of Islamic punishment in combating crime. It contains three topics. The first topic has two requirements: First: Defining the punishment in the Islamic Shari'aLanguage and terminology, so that the reader understands the concepts first before entering into the details of the subject. In it: the characteristics of the punishment in the Islamic Sharia, I mention just five. The second topic is the general purposes of punishment in the Islamic Sharia and its sections, and there are two demands: The first requirement: the sections of punishment in Islamic law, and there are two divisions: the first of which is a division in terms of the crimes that have been decided upon. The second division: considering the type of right that is affected by the punishment, and also includes four types in detail. The third and last topic was the purposes of the punishment of crimes, and the means of dealing with the crime after committing it. It includes three demands. The first is the purposes of the sanctions of borders and it contains seven borders with its purposes. The second requirement is the purposes of punishment in Qisas and Diyyah. And the second section: the purposes of punishment in the blood, and the third requirement: the means to deal with the crime after committing, and contains two parts: Section 1: controls treatment of the crime in a reformed manner, section 2: punitive means to eliminate the crime. God's forgiveness and success in that I have formed an integrated picture on the subject.
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Reid, Charles J. « SAME-SEX RELATIONS AND THE CATHOLIC CHURCH : HOW LAW AND DOCTRINE HAVE EVOLVED, 1820–2020 ». Journal of Law and Religion 34, no 2 (août 2019) : 210–44. http://dx.doi.org/10.1017/jlr.2019.32.
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AbstractThis article surveys the evolution of the Catholic Church's official response to same-sex relations over the last two centuries. While the church has not altered its condemnation of same-sex relations, the justifications it offers for this negative judgment have shifted substantially, and they have moved, especially recently, in a direction that makes possible the acceptance of same-sex relations at some future—and perhaps not too-distant—date. This article explores the manualist tradition of the nineteenth and early to mid-twentieth centuries; twentieth-century developments in canon law; and the period of retrenchment and reaction under popes John Paul II and Benedict XVI. Its final section looks at developments under Pope Francis. It closes by considering the way the church's teaching shifted over the course of its history—penance and the forgiveness of sins; anti-Semitism; and the sin against natural-law of taking interest on a loan (usury). It proposes that we might witness the church undergo a similar shift on same-sex relations.
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Safitri, Cahya, Zul Akli, Nuibadah Nuribadah et Hidaya Hidayat. « TRAFFIC ACCIDENTS THAT CAUSE DEATH AT LHOKSEUMAWE POLICE STATION ISLAMIC CRIMINAL LAW PERSPECTIVE ». Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 3 (30 décembre 2023) : 004. http://dx.doi.org/10.29103/micolls.v3i-.319.
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Traffic accidents, a problem that is rife in various developed countries and developing countries, especially such as in Indonesia, can be said to be frequent and even many traffic violations. Many people consider that problems and safety when traffic is a trivial matter without thinking about the impact of the actions they doTraffic accidents, is a problem that is rife in various developed and developing countries, especially such as in Indonesia, it can be said that there are often even many traffic violations. Throughout 2022, the number of traffic accidents in the Lhokseumawe Police Station area increased more than the previous year, which was 110 cases. An increase of approximately 143 cases remains a large number with 77 deaths, 6 serious injuries and 268 minor injuries. So that alternative solutions in Lakalantas cases are often resolved using alternative Mediation outside the court (Restorative Justice) through a peace process carried out by both parties, this is in accordance with Islamic Law which prioritizes the best solution, namely the peace agreement of both parties to resolve disputes with peace efforts. The results of the research conducted are known that the application of restorative justice to traffic accidents that cause death at the Lhokseumawe Police Station Islamic Criminal Law Perspective is guided by Law No.22 of 2009 concerning Road Traffic and Transportation, and also Police Regulation No.8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. Where the two agreed to settle disputes with the Restorative Justice system through mediation. Because in the case of the accident, there is no intentional element so that the settlement of the case can be resolved in a familial manner. Islamic Penal Law holds that the Restorative Justice system is related to the concept of forgiveness or the concept of Al-Afwu. By going through the process of Islah or Al-Shulhu which is the process of solving things by familial means. In accordance with the meaning of Islah which means "to fix" in this case the case, and aims to achieve peace. In accordance with the concept of Al-Shulhu.
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Leba, Katarina, Yohanes Endi, Balthasar Watunglawar et Fransesco Agnes Ranubaya. « The Death Penalty In Indonesia : A Theological Perspective of Law ». International Journal of Indonesian Philosophy & ; Theology 4, no 1 (27 juin 2023) : 1–15. http://dx.doi.org/10.47043/ijipth.v4i1.40.
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This study aims to explore, analyze and describe the theological perspective on the death penalty and God's way of eradicating evil to answer whether the death penalty can be justified theologically. This research used a descriptive qualitative method. Through this literature review, data are collected and analyzed theologically. The study results found that crime and the death penalty are human products. Evil is the output or impact of human sin. God's works are always related to goodness and the best judgment of God's creations. Evil, including the death penalty, could not be justified because God did not want evil for His creation. Therefore, when humans fell into sin, God ceaselessly saved and converted humans as he sent His only begotten son, willing to die to atone for human sins or save them. In addition to the sacrifice of Jesus, God's way of eradicating evil is also: willingness to suffer, application of sank and rules, forgiveness, radical love, and following Jesus. Theologically, the death penalty is evil, so it cannot be accepted because, for Thomas Aquinas, all forms of the law might be placed in the context of the bonum commune, with the principle of “bonum est faciendum et prosequendum et malum vitandum.” God’s sincerity to suffering must be how humans convert and save fellow humans. Likewise, legal products must align with the goals of the common good and welfare. This research uses a qualitative method. The problem limitation in this article is regarding the legal theological perspective on the death penalty in Indonesia. The findings of this study show that the death penalty is undoubtedly contrary to Thomas Aquinas' moral-theological principle in which God seeks to save humanity, not destroy it.
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Rasyidin, Rasyidin. « PEMAKSAAN SEKSUAL DALAM RUMAH TANGGA DILIHAT DARI KEMASLAHATAN DAN KEMUDHARATAN MENURUT HUKUM PIDANA ISLAM ». Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 6, no 1 (12 juin 2021) : 24–44. http://dx.doi.org/10.32505/legalite.v6i1.2919.
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This article focuses on sexual coercion in the household in terms of benefit and harm according to Islamic Penal Law, in Islam in a legal marriage we need to realize that sex is not an erroneous thing in Islamic law but a recommended routine. However, when you want to have a relationship, don't take paths that are not pleased by Allah, meaning by force, violence but in a gentle and wise way that was encouraged by the Prophet Muhammad SAW. For the sake of the procreation of the creation of the children of Adam, it is tracing the activity of sexual relations and there is no concept of sin placed on it that sexual relations are considered as interests or desires between husband and wife. In Law No. 23 of 2004, it is wisely accommodated for perpetrators of forced sexual relations as well as those regulated by imprisonment and civil penalties as stipulated in Article 8 for perpetrators of forcing sexual relations while in Islamic criminal law, coercion of sex in the household punishment for the perpetrator of the finger of ta'zir
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B. Mutmainnah Sudarmin, Andi, Monika Monika, Maman Supardi et Yusrial Yusrial. « Restorative Justice in Islamic Law : Solutions to Improve Social Justice Towards a Golden Indonesia 2045 ». El-Rusyd 8, no 2 (28 décembre 2023) : 97–104. http://dx.doi.org/10.58485/elrusyd.v8i2.203.
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Restorative Justice present as legal reform in Indonesia. Discourse Restorative justice as a legal practice, it is seen as a concept that is more just, has legal certainty, is beneficial and is based on human rights. However, in its application it still experiences many argumentative obstacles so that its use and concept are not yet mature. To this day there is no standard version regarding the concept of restorative justice itself. If examined more deeply, this concept is more similar to the idea of al-'Adalah al-Islahiyah which has existed since the Qur'an was revealed. The type of research used is library research (library research) by using a normative juridical approach regarding regulations and instruments in implementing the concept restorative justice in Indonesia, case study (case approach) related to effectiveness restorative justice in improving justice as well as comparative studies related to the concept a quo based on the view of Islamic law. The data used comes from literature and studies of related verses and hadiths as well as related laws and other regulations of restorative justice. The results of this analysis show that the concept of restorative justice In Islamic law is known asal-adalah al-islahiyah and char. This concept as a whole prioritizes the resolution of matters by emphasizing on reconciliation, forgiveness, restoration and improving the relationship as it is now. This concept is considered more relevant and guarantees rights and justice for the parties so it is considered necessary to be integrated in the system of restorative justice in Indonesia in an effort to realize a golden Indonesia 2045. The implication of this article is that there are standard rules regarding the mechanism for implementing restorative justice in Indonesia by presenting special institutions to accommodate the implementation of restorative justice.