Pub Date : 2023-12-30DOI: 10.32505/jurisprudensi.v15i2.5693
Royan Bawono, Muhammad Dayyan, F. Faisal
Sharia economic crimes have not been regulated in the form of legal norms that require criminal sanctions. In fact, the crime exists and often causes victims to be in debt, which leads to apostasy. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative legal analysis. The results showed that a sharia economic criminal qanun is needed that regulates criminal sanctions for perpetrators of sharia economic cultivation in Aceh based on three foundations. First, the philosophical principle of economics in Aceh, which is in line with Islamic law, is the Islamic view of life of the Acehnese people, referring to the Qur'an and Hadith. Second, juridically, there is a formal legal basis for making the Aceh Qanun concerning Sharia Economic Crimes, namely Law No. 11 of 2006 concerning the Government of Aceh, Aceh Qanun No. 8 of 2014 concerning the Principles of Islamic Sharia, and Aceh Qanun No. 11 of 2018 concerning Sharia Financial Institutions. Third, sociologically, it is necessary to meet the legal needs of the community with the development of empirical facts that there are still elements of usury, gharar, and others in economic activities that disturb the people of Aceh.
{"title":"Perlukah Sanksi Pidana Ekonomi Syariah di Aceh?","authors":"Royan Bawono, Muhammad Dayyan, F. Faisal","doi":"10.32505/jurisprudensi.v15i2.5693","DOIUrl":"https://doi.org/10.32505/jurisprudensi.v15i2.5693","url":null,"abstract":"Sharia economic crimes have not been regulated in the form of legal norms that require criminal sanctions. In fact, the crime exists and often causes victims to be in debt, which leads to apostasy. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative legal analysis. The results showed that a sharia economic criminal qanun is needed that regulates criminal sanctions for perpetrators of sharia economic cultivation in Aceh based on three foundations. First, the philosophical principle of economics in Aceh, which is in line with Islamic law, is the Islamic view of life of the Acehnese people, referring to the Qur'an and Hadith. Second, juridically, there is a formal legal basis for making the Aceh Qanun concerning Sharia Economic Crimes, namely Law No. 11 of 2006 concerning the Government of Aceh, Aceh Qanun No. 8 of 2014 concerning the Principles of Islamic Sharia, and Aceh Qanun No. 11 of 2018 concerning Sharia Financial Institutions. Third, sociologically, it is necessary to meet the legal needs of the community with the development of empirical facts that there are still elements of usury, gharar, and others in economic activities that disturb the people of Aceh.","PeriodicalId":507894,"journal":{"name":"Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139140476","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 : 2023-12-15DOI: 10.32505/jurisprudensi.v15i2.6710
Agustin Hanapi, Azmi Abubakar, Asmualiadi Lubis
Every marriage requires harmornisan and also permanence, to realize that, harmony between spouses is very important. This harmony in marriage law is called kafaah. The benchmark is not only compatibility in morals, but also related to age, social status and education. Many divorce phenomena occur due to the unfulfillment of the income of wives and children. Further explored this is due to the poverty factor caused by many variables. This study was conducted to answer two questions, first whether poverty is a contributing factor to divorce. Second, what is the reason for the divorce that occurred in the Pidie community. This research is classified as field research with a qualitative approach. The methodology used is the study of phenomena in the maqāṣid review. The results of the study concluded that the peceraian factor is caused by many aspects, poverty is one of them. As for divorces that occur due to poverty dip.
{"title":"Kemiskinan Sebagai Pemicu Perceraian dalam Perspektif Yuridis","authors":"Agustin Hanapi, Azmi Abubakar, Asmualiadi Lubis","doi":"10.32505/jurisprudensi.v15i2.6710","DOIUrl":"https://doi.org/10.32505/jurisprudensi.v15i2.6710","url":null,"abstract":"Every marriage requires harmornisan and also permanence, to realize that, harmony between spouses is very important. This harmony in marriage law is called kafaah. The benchmark is not only compatibility in morals, but also related to age, social status and education. Many divorce phenomena occur due to the unfulfillment of the income of wives and children. Further explored this is due to the poverty factor caused by many variables. This study was conducted to answer two questions, first whether poverty is a contributing factor to divorce. Second, what is the reason for the divorce that occurred in the Pidie community. This research is classified as field research with a qualitative approach. The methodology used is the study of phenomena in the maqāṣid review. The results of the study concluded that the peceraian factor is caused by many aspects, poverty is one of them. As for divorces that occur due to poverty dip.","PeriodicalId":507894,"journal":{"name":"Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139178706","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}