Pub Date : 2023-06-06DOI: 10.30863/aldustur.v6i1.4224
Aysel Sultan, Jurnal Al-Dustur
This research aims to analyze and explain the urgency of registering marriages in the perspective of Indonesian marriage law and Islamic law, as well as the legal consequences of marriages that are not registered according to Indonesian marriage law and Islamic law. This research is a normative legal research or doctrinal legal research (doctrinal approach), namely legal research that uses secondary data sources which are carried out by approaching legal norms or substances, legal principles, legal theory, legal arguments and legal comparisons with data collection techniques, namely through careful observation and tracing of various legal materials, namely tracing primary legal materials, secondary legal materials, and tertiary legal materials. The results of this research show that the urgency of registering the marriage can be seen from various perspectives. Even though there is still ambiguity regarding the provisions for registering marriages in the Marriage Law, the requirement for registration of marriages is intended within the framework of the state's function of providing guarantees of protection and legal certainty. Meanwhile, from the perspective of Islamic law, the registration of marriages has reached a "daruriyah" condition where marriages that are not recorded will cause a lot of loss and harm to the parties in the marriage. So substantially there is no conflict between Indonesian marriage law and Islamic law, both of them are the same in view
{"title":"THE URGENCY OF MARRIAGE REGISTRATION IN THE PERSPECTIVE OF INDONESIAN MARRIAGE LAW AND ISLAMIC LAW","authors":"Aysel Sultan, Jurnal Al-Dustur","doi":"10.30863/aldustur.v6i1.4224","DOIUrl":"https://doi.org/10.30863/aldustur.v6i1.4224","url":null,"abstract":"This research aims to analyze and explain the urgency of registering marriages in the perspective of Indonesian marriage law and Islamic law, as well as the legal consequences of marriages that are not registered according to Indonesian marriage law and Islamic law. This research is a normative legal research or doctrinal legal research (doctrinal approach), namely legal research that uses secondary data sources which are carried out by approaching legal norms or substances, legal principles, legal theory, legal arguments and legal comparisons with data collection techniques, namely through careful observation and tracing of various legal materials, namely tracing primary legal materials, secondary legal materials, and tertiary legal materials. The results of this research show that the urgency of registering the marriage can be seen from various perspectives. Even though there is still ambiguity regarding the provisions for registering marriages in the Marriage Law, the requirement for registration of marriages is intended within the framework of the state's function of providing guarantees of protection and legal certainty. Meanwhile, from the perspective of Islamic law, the registration of marriages has reached a \"daruriyah\" condition where marriages that are not recorded will cause a lot of loss and harm to the parties in the marriage. So substantially there is no conflict between Indonesian marriage law and Islamic law, both of them are the same in view","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133049373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.30863/aldustur.v6i1.4194
Solahuddin Al-Ayyubi, Evania Herindar, Muhammad Nabhan Perdana
A Research related to maqasid sharia in the tabarru’ contract law had to be very seldom. With this research that examines two purposes, including, first, to determine the role of maqasid sharia in Islamic finance. Second, to determine the existence of maqasid sharia in tabarru’ contract laws. By using qualitative approach, the data for this study was obtained from relevant books, journals, and other academic materials and supporting documents. The results of this study show that there are many roles of tabarru’ contract, first, generally tabarru'at contract is reproduced considering that it contains several benefits. Second, tabarru' contract is issued voluntarily without the slightest doubt because this contract is a good deed and generosity. Third, improving the means of organizing tabarru’ contracts according to the wishes of the donors. Fourth that donations should not be used as an excuse to waste other people's money, ranging from the rights of heirs to the debts of people who are in debt. This study will contribute to the literature on maqasid sharia in tabarru’ contract laws and Islamic finance.
{"title":"MAQASID SHARIA IN TABARRU’ CONTRACT LAWS","authors":"Solahuddin Al-Ayyubi, Evania Herindar, Muhammad Nabhan Perdana","doi":"10.30863/aldustur.v6i1.4194","DOIUrl":"https://doi.org/10.30863/aldustur.v6i1.4194","url":null,"abstract":"A Research related to maqasid sharia in the tabarru’ contract law had to be very seldom. With this research that examines two purposes, including, first, to determine the role of maqasid sharia in Islamic finance. Second, to determine the existence of maqasid sharia in tabarru’ contract laws. By using qualitative approach, the data for this study was obtained from relevant books, journals, and other academic materials and supporting documents. The results of this study show that there are many roles of tabarru’ contract, first, generally tabarru'at contract is reproduced considering that it contains several benefits. Second, tabarru' contract is issued voluntarily without the slightest doubt because this contract is a good deed and generosity. Third, improving the means of organizing tabarru’ contracts according to the wishes of the donors. Fourth that donations should not be used as an excuse to waste other people's money, ranging from the rights of heirs to the debts of people who are in debt. This study will contribute to the literature on maqasid sharia in tabarru’ contract laws and Islamic finance.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129787860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.30863/aldustur.v6i1.3777
R. Hamid, Husni Idrus, Hasaruddin Hasaruddin
This article aims to examine the differences and similarities between the Sunni-Shia groups that have caused these two major groups to unite. This article uses historical research methods, which analyzing the reality that occurred in the past and then implementing it in today's life. The data collection process is carried out by collecting all relevant sources or data needed, which focuses on scientific literature, historical documents and other writings related to the material on this discussion. As a result, there are differences that do not allow these two large groups to unite in theological matters, but when it comes to muamalah issues or interactions in socio-politics, this still allows for this union to occur.
{"title":"SUNNI AND SHIA: AN APPROACH FROM ISLAMIC THOUGHT","authors":"R. Hamid, Husni Idrus, Hasaruddin Hasaruddin","doi":"10.30863/aldustur.v6i1.3777","DOIUrl":"https://doi.org/10.30863/aldustur.v6i1.3777","url":null,"abstract":"This article aims to examine the differences and similarities between the Sunni-Shia groups that have caused these two major groups to unite. This article uses historical research methods, which analyzing the reality that occurred in the past and then implementing it in today's life. The data collection process is carried out by collecting all relevant sources or data needed, which focuses on scientific literature, historical documents and other writings related to the material on this discussion. As a result, there are differences that do not allow these two large groups to unite in theological matters, but when it comes to muamalah issues or interactions in socio-politics, this still allows for this union to occur.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124204112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-31DOI: 10.30863/aldustur.v6i1.3044
Risti Dwi Ramasari, Gindha Ansori Wayka, M. Adhitya, Ridho Gumilang
ABSTRACTSexual violence that occurs at this time, especially the rape of women and children is increasingly prevalent, making the community very restless. In fact, this also happens to underage teenagers who are still in school, which should focus on education. The purpose of this paper is to determine the responsibility of the perpetrators of committing the crime of Rape on Minors by Deception. This writing uses a normative juridical approach research method and qualitative descriptive research. Criminal liability is based on several elements, namely the presence of each person. This element is intended to further examine who is sitting as a child, whether it is really the culprit or not, this is to avoid an error in persona in punishing someone. In this case, a child has been brought before the trial, namely, the child is in good physical and mental health and is able to answer all questions that are asked to him clearly and responsively, then there is an element of deliberately tricking, a series of lies, or persuading the child to have intercourse with him. or with other people.
{"title":"LIABILITY FOR THE CRIMINAL ACT OF RAPE ON A MINOR BY DECEPTION BASED ON JUDGMENT NO. 11/PID. SUS ANAK/2022/PN TJK","authors":"Risti Dwi Ramasari, Gindha Ansori Wayka, M. Adhitya, Ridho Gumilang","doi":"10.30863/aldustur.v6i1.3044","DOIUrl":"https://doi.org/10.30863/aldustur.v6i1.3044","url":null,"abstract":"ABSTRACTSexual violence that occurs at this time, especially the rape of women and children is increasingly prevalent, making the community very restless. In fact, this also happens to underage teenagers who are still in school, which should focus on education. The purpose of this paper is to determine the responsibility of the perpetrators of committing the crime of Rape on Minors by Deception. This writing uses a normative juridical approach research method and qualitative descriptive research. Criminal liability is based on several elements, namely the presence of each person. This element is intended to further examine who is sitting as a child, whether it is really the culprit or not, this is to avoid an error in persona in punishing someone. In this case, a child has been brought before the trial, namely, the child is in good physical and mental health and is able to answer all questions that are asked to him clearly and responsively, then there is an element of deliberately tricking, a series of lies, or persuading the child to have intercourse with him. or with other people. ","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128938429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-30DOI: 10.30863/aldustur.v6i1.3962
Nirwana Halide
Domestic wastewater is defined as wastewater contains various hazardous chemicals and microbes which causes environmental pollutions especially the source mainly for raw water sources as the drinking water from rivers and lakes, either the ground water. The importance in protecting and preserving environmental functions, thus obliged the regional government in Luwu Regency to manage the domestic wastewater. This study aims to understand the urgency of Establishing a Regional Regulation Concerning Wastewater Management in Luwu Regency. Through empirical juridical research conducted by the researcher to obtain research results i.e. The management of domestic wastewater in Luwu Regency is not yet optimal. Communities need adequate facilities and infrastructure e.g vacuum trucks and IPLT, education on domestic waste management to require the participations of the communities and private sectors can play an active role, and integrated funding and institutional needs. Luwu Regency needs the regulations in the form of Regional Regulations which is technically regulate the management of domestic wastewater in the particular importance for the community to have a better quality and healthy living environment to support the development of the good health and well-being of the communities.
{"title":"THE URGENCY OF ESTABLISHING A LOCAL GOVERNMENT REGULATION CONCERNING WASTEWATER MANAGEMENT IN LUWU REGENCY","authors":"Nirwana Halide","doi":"10.30863/aldustur.v6i1.3962","DOIUrl":"https://doi.org/10.30863/aldustur.v6i1.3962","url":null,"abstract":"Domestic wastewater is defined as wastewater contains various hazardous chemicals and microbes which causes environmental pollutions especially the source mainly for raw water sources as the drinking water from rivers and lakes, either the ground water. The importance in protecting and preserving environmental functions, thus obliged the regional government in Luwu Regency to manage the domestic wastewater. This study aims to understand the urgency of Establishing a Regional Regulation Concerning Wastewater Management in Luwu Regency. Through empirical juridical research conducted by the researcher to obtain research results i.e. The management of domestic wastewater in Luwu Regency is not yet optimal. Communities need adequate facilities and infrastructure e.g vacuum trucks and IPLT, education on domestic waste management to require the participations of the communities and private sectors can play an active role, and integrated funding and institutional needs. Luwu Regency needs the regulations in the form of Regional Regulations which is technically regulate the management of domestic wastewater in the particular importance for the community to have a better quality and healthy living environment to support the development of the good health and well-being of the communities.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129053598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-05DOI: 10.30863/aldustur.v5i2.2430
Dewi Arnita Sari
This study aims to (1) determine legal protection for parties in the practice of buying and selling land without involving PPAT (2) To determine the factors that influence the community not to involve PPAT in land buying and selling activities in Tomilito District, North Gorontalo District. This research is an empirical research, the type of empirical approach is used to study or analyze primary data in the form of field data where the research is conducted, the results of direct interviews are then linked to secondary data in the form of book materials.The results of this study indicate that legal protection for the parties in the sale and purchase of land in Tomilito sub-district is divided into two types, namely preventive protection and repressive, namely the availability of legal rules that guarantee the creation of a buying and selling process that has perfect evidentiary power, whereas in the event of a dispute, the availability of a dispute resolution mechanism. Apart from that there are also factors that affect the community so that not involving PPAT in the sale and purchase of land in Tomilito sub-district in general is related, a long process, drains energy and costs a lot.The recommendation of this research is that it is suggested to increase the cooperation of each related agency and the integration of existing legal instruments, especially those related to land, both by the central and regional governments.
{"title":"LEGAL PROTECTION OF THE PARTIES IN LAND PURCHASE TRANSACTIONS THROUGH UNDERHAND AGREEMENTS","authors":"Dewi Arnita Sari","doi":"10.30863/aldustur.v5i2.2430","DOIUrl":"https://doi.org/10.30863/aldustur.v5i2.2430","url":null,"abstract":"This study aims to (1) determine legal protection for parties in the practice of buying and selling land without involving PPAT (2) To determine the factors that influence the community not to involve PPAT in land buying and selling activities in Tomilito District, North Gorontalo District. This research is an empirical research, the type of empirical approach is used to study or analyze primary data in the form of field data where the research is conducted, the results of direct interviews are then linked to secondary data in the form of book materials.The results of this study indicate that legal protection for the parties in the sale and purchase of land in Tomilito sub-district is divided into two types, namely preventive protection and repressive, namely the availability of legal rules that guarantee the creation of a buying and selling process that has perfect evidentiary power, whereas in the event of a dispute, the availability of a dispute resolution mechanism. Apart from that there are also factors that affect the community so that not involving PPAT in the sale and purchase of land in Tomilito sub-district in general is related, a long process, drains energy and costs a lot.The recommendation of this research is that it is suggested to increase the cooperation of each related agency and the integration of existing legal instruments, especially those related to land, both by the central and regional governments.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126990453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.30863/aldustur.v5i2.2957
Qurratul Uyun, Madah Rahmatan
This paper discusses the influence of scientific socialism ideology on Islamic inheritance law in Somalia which is regulated in The Family Code 1975. This paper begins with a discussion of scientific socialism as a state ideology, then its influence on Islamic family law in Somalia and the application of scientific socialism ideology in inheritance law. The method used is descriptive with a theoretical approach that is explored through information media. The results of this study indicate that the deviation of family law regulations in Somalia from what is described in the Qur'an begins based on the concept of a state of scientific socialism that they apply. The purpose of implementing the ideology of scientific socialism in Somalia was to shift rigid customary rules and as a form of political cooperation with the Soviet Union. As a result, the application of the rules of family law has changed, especially in terms of inheritance. For example, there is no difference in the share of inheritance between husband and wife, sons and daughters, grandfather and grandmother, father and mother, even siblings, and half-siblings.
{"title":"SCIENTIFIC SOCIALISM IN THE INHERITANCE LAW IN SOMALIA","authors":"Qurratul Uyun, Madah Rahmatan","doi":"10.30863/aldustur.v5i2.2957","DOIUrl":"https://doi.org/10.30863/aldustur.v5i2.2957","url":null,"abstract":"This paper discusses the influence of scientific socialism ideology on Islamic inheritance law in Somalia which is regulated in The Family Code 1975. This paper begins with a discussion of scientific socialism as a state ideology, then its influence on Islamic family law in Somalia and the application of scientific socialism ideology in inheritance law. The method used is descriptive with a theoretical approach that is explored through information media. The results of this study indicate that the deviation of family law regulations in Somalia from what is described in the Qur'an begins based on the concept of a state of scientific socialism that they apply. The purpose of implementing the ideology of scientific socialism in Somalia was to shift rigid customary rules and as a form of political cooperation with the Soviet Union. As a result, the application of the rules of family law has changed, especially in terms of inheritance. For example, there is no difference in the share of inheritance between husband and wife, sons and daughters, grandfather and grandmother, father and mother, even siblings, and half-siblings.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115463187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.30863/aldustur.v5i2.2960
H. Yusuf, Muspita Sari
This paper is a study of the practice of Waqf-Al-Nuqud in Malaysia and Indonesia. How is the practice of cash waqf in each of these countries by looking at the results and allocations. This problem is described by comparative research, namely research conducted to compare a variable (object of research), between different subjects and find a causal relationship. The research is directed to find out whether between two or more groups there are differences in the aspects or variables studied. Based on the results of the discussion, the author understands that the waqf practice carried out by Malaysia and Indonesia can be seen the difference. The practice of cash waqf in Malaysia is better known as stock waqf where cash waqf is collected from various circles of society with a stock waqf system by setting a minimum number of share prices that can be purchased by the public which will later be used as a property waqf that is utilized according to the purpose of waqf according to sharia. As for Indonesia, the practice of classical waqf is still very widespread. Regulations have been adequate even with the rules for managing it, but it seems that not many people know about cash waqf which is easier and more affordable. However, the presence of TWI has become a breath of fresh air for the development and socialization of cash waqf in Indonesia. TWI also issued a cash waqf certificate as a form of eternal cash waqf. It can be seen that TWI is still the community's choice for waqf compared to BWI which is a national waqf institution. But in reality, according to TWI regulations, it is not the institution intended to issue cash waqf certificates.
{"title":"CASH WAQF PRACTICES IN MALAYSIA AND INDONESIA","authors":"H. Yusuf, Muspita Sari","doi":"10.30863/aldustur.v5i2.2960","DOIUrl":"https://doi.org/10.30863/aldustur.v5i2.2960","url":null,"abstract":"This paper is a study of the practice of Waqf-Al-Nuqud in Malaysia and Indonesia. How is the practice of cash waqf in each of these countries by looking at the results and allocations. This problem is described by comparative research, namely research conducted to compare a variable (object of research), between different subjects and find a causal relationship. The research is directed to find out whether between two or more groups there are differences in the aspects or variables studied. Based on the results of the discussion, the author understands that the waqf practice carried out by Malaysia and Indonesia can be seen the difference. The practice of cash waqf in Malaysia is better known as stock waqf where cash waqf is collected from various circles of society with a stock waqf system by setting a minimum number of share prices that can be purchased by the public which will later be used as a property waqf that is utilized according to the purpose of waqf according to sharia. As for Indonesia, the practice of classical waqf is still very widespread. Regulations have been adequate even with the rules for managing it, but it seems that not many people know about cash waqf which is easier and more affordable. However, the presence of TWI has become a breath of fresh air for the development and socialization of cash waqf in Indonesia. TWI also issued a cash waqf certificate as a form of eternal cash waqf. It can be seen that TWI is still the community's choice for waqf compared to BWI which is a national waqf institution. But in reality, according to TWI regulations, it is not the institution intended to issue cash waqf certificates.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129096406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.30863/aldustur.v5i2.2632
B. Budiman, W. Anwar, A. R. Makkulau
The issues raised include the concept of juvenile criminal law from the perspective of fiqh jinayah and positive law, differences in the concept of juvenile crime from the perspective of fiqh jinayah and positive law, the correlation of the concept of juvenile crime to the fiqh perspective and positive law. To study and answer the problem, a multidisciplinary approach is used, namely the normative theological approach (syar'i), juridical/legislative (statue approach), historical (historical approach), sociological (sociological approach), psychology (psychological approach). This research is classified as library research. The results of the study indicate that perpetrators of sexual abuse with child victims, in positive law and fiqh jinayah, sanctions are deterrent so that the perpetrator does not do it again. The laws governing this matter, namely the Republic of Indonesia Law Number 3 of 1997, Law Number 23 of 2002 concerning Child Protection and Law no. 4 of 1979 concerning Child Welfare. In contrast to Islamic law (fiqh), children's perceptions and forms of accountability make criminal acts of children not subject to Uqubah (punishment), but takzir (warning) and
{"title":"AN ANALYSIS OF FIQH JINAYAH AND CRIMINAL LAW ON THE LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF OBSCENITY","authors":"B. Budiman, W. Anwar, A. R. Makkulau","doi":"10.30863/aldustur.v5i2.2632","DOIUrl":"https://doi.org/10.30863/aldustur.v5i2.2632","url":null,"abstract":"The issues raised include the concept of juvenile criminal law from the perspective of fiqh jinayah and positive law, differences in the concept of juvenile crime from the perspective of fiqh jinayah and positive law, the correlation of the concept of juvenile crime to the fiqh perspective and positive law. To study and answer the problem, a multidisciplinary approach is used, namely the normative theological approach (syar'i), juridical/legislative (statue approach), historical (historical approach), sociological (sociological approach), psychology (psychological approach). This research is classified as library research. The results of the study indicate that perpetrators of sexual abuse with child victims, in positive law and fiqh jinayah, sanctions are deterrent so that the perpetrator does not do it again. The laws governing this matter, namely the Republic of Indonesia Law Number 3 of 1997, Law Number 23 of 2002 concerning Child Protection and Law no. 4 of 1979 concerning Child Welfare. In contrast to Islamic law (fiqh), children's perceptions and forms of accountability make criminal acts of children not subject to Uqubah (punishment), but takzir (warning) and","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133547260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.30863/aldustur.v5i2.3139
Jumardi J
Fiqh An-nisaa has an influence in increasing the religious value of students who are just with the goals of the national education system and the goals of Islamic education. Which in substance is the ability to shape students into better individuals and avoid acts that are prohibited by religion (deviant). Therefore, there is a significant influence of the fiqh an-nisaa’s learning process on the prevention of deviant behavior of students at Athirah Islamic High School Bone which shows a probability value of 0.005 which is smaller than = 0.05 which can be accepted as an influential one. This means learning Fiqh An-Nisaa able to increase religious values and be able to minimize the occurrence of deviant behavior.
Fiqh an -nisaa在提高学生的宗教价值方面有影响，这些学生只是为了国家教育系统的目标和伊斯兰教育的目标。实质上是将学生塑造成更好的个体，避免宗教所禁止的行为(越轨行为)的能力。因此，在Athirah Islamic High School Bone, fiqh an-nisaa的学习过程对学生偏差行为的预防有显著的影响，概率值为0.005，小于= 0.05，可以认为是有影响的。这意味着学习伊斯兰教能够增加宗教价值，并能够最大限度地减少越轨行为的发生。
{"title":"THE EFFECT OF FIQH AN-NISAA ON THE PREVENTION OF STUDENTS’ DEVIANT BEHAVIOR AT ATHIRAH ISLAMIC HIGH SCHOOL BONE","authors":"Jumardi J","doi":"10.30863/aldustur.v5i2.3139","DOIUrl":"https://doi.org/10.30863/aldustur.v5i2.3139","url":null,"abstract":"Fiqh An-nisaa has an influence in increasing the religious value of students who are just with the goals of the national education system and the goals of Islamic education. Which in substance is the ability to shape students into better individuals and avoid acts that are prohibited by religion (deviant). Therefore, there is a significant influence of the fiqh an-nisaa’s learning process on the prevention of deviant behavior of students at Athirah Islamic High School Bone which shows a probability value of 0.005 which is smaller than = 0.05 which can be accepted as an influential one. This means learning Fiqh An-Nisaa able to increase religious values and be able to minimize the occurrence of deviant behavior.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127509244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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