Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan

Intimate Cyber Connectivity within Matrimony: A Comparative Jurisprudential Analysis of Electronic Sexual Relations among Spouses

Hossameldeen Khalil Farag Mohammed — 2024-06-30

The profound enjoyment between spouses stands as a paramount objective of marriage, receiving explicit attention and delineation within Sharia law. In the contemporary era marked by a significant information revolution, novel forms of enjoyment, previously unknown, have surfaced, notably the practice of "electronic sex" between spouses. This research delves into the exploration of this topic, elucidating its various forms, types, motivating factors, justifications for its practitioners, and the associated risks. An examination of legal evidence related to electronic sex is undertaken to ascertain its legal ruling, harmonizing with the principles and objectives of Sharia. Utilizing a descriptive, analytical, and deductive approach, the research contends that the practice of electronic sex between spouses is inherently forbidden due to inherent dangers and ethical deviations that run counter to the essential goals of Sharia. Permission for such practices is only granted in cases of necessity and under requisite controls. Failure to adhere to these controls necessitates consideration of alternative solutions proposed in this research.

The Modern Indonesian Experience in Coexistence between Muslims and Others: Presentation and Evaluation

Muntaha Artalim Zaim — 2024-06-30

The purpose of this paper is to explore and evaluate Indonesia's modern experience in promoting peaceful coexistence between Muslims and others. The main issue addressed by the research is how to achieve a balance between preserving the country's Islamic identity and ensuring the rights of non-Muslim minorities, amid contemporary social and political challenges. The research relies on an analytical and descriptive methodology, presenting historical and social facts and events that have contributed to shaping the coexistence model in Indonesia. The findings indicate that the Islamic identity remains preserved, despite intellectual skirmishes. The main contribution of the research lies in its recommendations for future policies that can help enhance this coexistence at the national and international levels. The final results affirm that Indonesia is an inspiring model that can be utilized by other countries seeking to promote peaceful coexistence among their diverse societal components, though some of these experiences require assessment and adjustment.

The Concept Of Islamic Identity And Its Importance For Muslim Youth

Nadzrah Ahmad — 2024-06-30

Muslim youth face a variety of threats in preserving and developing their Islamic identity. The most significant threats include peer pressure, assimilation, materialism, corrupt desires, religious doubt, loss of religion in society, and Islamophobia. This study aims to derive the main components of an Islamic identity from the Qur’ān towards the development and preservation of Muslim youth. An inductive approach was used to analyse the Qur’ān in search of marking the significant characteristics of the Islamic Identity. It was found that the Islamic identity is defined by its salient characteristics of a fundamental belief system, a united link to a global ummah, and an encompassing nature, making it inherently influential in all aspects of a Muslim’s private and public life. These components deal specifically with the major threats faced by Muslim youth in preserving their Islamic identity. It was also found that the Islamic identity serves as an anchor in establishing and preserving the faith of young Muslims. Finally, if this identity is not preserved it may lead to consequences such as the corruption of faith and creed and engagement in oppression and sin. It is through identifying, understanding, and developing the Islamic identity, that Muslim youth can successfully preserve their faith, even during the most challenging of times.

Law Enforcement of Paper Rupiah Mutilation Practice from the Perspective of Law Number 7 of 2011 Concerning Currency and Jarimah Ta’zir

Faishal Agil Al Munawar — 2024-06-30

The practice of mutilating paper currency notes is very dangerous. This practice not only damages the currency, but also attempts to counterfeit it. The emergence of this practice not only shakes economic stability, but also reflects the weakness of law enforcement. Law enforcement against this practice is still relatively weak. This research is an empirical juridical legal research with a legal sociology approach. Data sources consist of primary data and secondary data. The data collection method uses direct interviews, documentation, and literature study. The purpose of the research is to find out the law enforcement on the practice of mutilation of paper rupiah bills carried out by the Representative Office of Bank Indonesia Malang, as well as a review of the Currency Law and Islamic law, namely jarimah ta’zir. The results showed that the Representative Office of Bank Indonesia Malang is always proactive and aggressively conducts education, socialization, appeals, and cooperates with other law enforcement agencies. This practice according to Law Number 7 of 2011 concerning Currency has violated several articles, namely Article 25 Paragraph 1, Article 26 Paragraph 1, Article 35 Paragraph 1, Article 36 Paragraph 1, Article 38 paragraphs 1 and 2, Article 40 Paragraph 1, and Article 41 Paragraph 2 and if according to jarimah ta’zir, the Indonesian government applies ta’zir punishment in the form of imprisonment, fines, and additional punishment of revocation of business licenses or deprivation of certain goods.

Examining the Position of Zakat on Bank Savings in the Framework of Islamic Law

Anwar Sadat — 2024-06-30

According to Islamic law, this article examines the concept of zakat on bank savings, focusing on how zakat is applied to savings. The objective is to provide a comprehensive overview of Islamic legal perspectives on zakat for savings and the interest earned from bank deposits. The goal is to clarify the requirements and conditions under which Zakat should be paid and to present a detailed analysis of these financial matters. The study employs the Ushul Fiqh methodology, utilizing comparative techniques through literature reviews and analyzing current societal trends. This approach allows for a thorough examination of both classical Islamic jurisprudence and contemporary interpretations. Data collection involved reviewing existing literature and observing societal phenomena to understand how Islamic law is applied to savings and interest in modern banking. The findings indicate that zakat must be paid on bank savings if they meet the criteria established in zakat regulations. Regarding interest earned on savings, the study notes that zakat should be paid according to the views of scholars who permit accepting interest. This comprehensive analysis provides valuable insights into the obligations of zakat on savings and interest, offering guidance for Muslims seeking to adhere to Islamic law in their financial practices.

Improving Compliance towards International Humanitarian Law: Filling in the Gaps?

Fitry Nabiilah Hamidah — 2024-06-30

International humanitarian law (IHL) aims to regulate the conduct of parties during hostilities to mitigate the horrors of war, providing safeguards for civilians through instruments such as the 1949 Geneva Conventions, 1977 Additional Protocols, customary international humanitarian law, and principles of IHL. Despite its comprehensive framework, applicable to both States and non-state armed groups, non-compliance remains a significant challenge, undermining its credibility and effectiveness. This paper analyzes the current compliance mechanisms, identifies gaps and factors influencing compliance, examines the impacts of these gaps, and proposes strategies to enhance the effective implementation and adherence to IHL in both international and non-international armed conflicts. To address gaps in IHL compliance mechanisms, this paper recommends that States establish permanent platforms for regular IHL discussions and provide institutional support to existing mechanisms. It also emphasizes that considering a multidisciplinary approach towards factors influencing compliance, the enhancement of the roles of national red cross and red crescent societies in the dissemination of IHL and non-governmental organizations and international organizations in humanitarian engagement with all parties to the conflict, as well as fostering cultural sensitivity through open and constructive engagements are essential to develop a holistic IHL compliance system.

Illuminating the Territorial Principle In Islamic Criminal Law: An in-Depth Investigation Into Enforcing Islamic Penalties for Non-Muslims

Islamul Haq — 2024-06-30

This article presents a comprehensive analysis of the Territorial Principle in Islamic Criminal Law, with a focus on the enforcement of Islamic punishments for non-Muslims. The research delves into controversies surrounding the extent to which the jurisdiction of Islamic law is applied in specific regions, particularly concerning the treatment of non-Muslim individuals under the governance of an Islamic state. This research is a literature review that will explore reading materials related to the territorial principle and its application in Islamic criminal law concerning non-Muslims. The findings of this research reveal that the theories presented by Imam Abu Hanifah and Abu Yusuf in the Hanafi school of thought offer distinct perspectives on the territorial application of Islamic criminal law. Imam Abu Hanifah asserts that the full implementation of Islamic criminal law is confined to Muslim territories, with punishments applicable to both Muslim and non-Muslim individuals within these boundaries. However, outside these territories, he argues that Islamic law is not obligatory, emphasizing the role of the imam's authority. Meanwhile, the perspectives of Imam Malik, asy-Syafi'i, and Imam Ahmad propose a universal application of Islamic law, emphasizing the legal subject's responsibility rather than geographical boundaries, thereby prohibiting Muslims from committing legal violations anywhere

Kontekstualisasi Ayat Pidana Pencurian Dalam Hukum Positif Indonesia

M. Ainun Najib — 2024-06-30

Hukum Pidana Islam telah banyak ditinggalkan dalam praktiknya. Hukum pidana Islam diasumsikan sebagai aturan hukum yang sudah tidak sesuai dengan prkembangan zaman. Padahal pada perjalanan pembaruan hukum, para pemikir Islam banyak mempengaruhi perkembangan sistem hukum di dunia, di antaranya terkait tindak pidana pencurian. Untuk menjawab asumsi di atas, diperlukan kontekstualisasi terhadap hukum pidana Islam untuk menjelaskan bahwa hukum Pidana Islam dapat mengikuti perkembangan zaman. Penelitian ini merupakan penelitian hukum normatif dengan pendekatan konseptual dan komparatif yang berusaha membandingkan pidana pencurian dalam hukum pidana Islam, hukum positif Indonesia. Kesimpulan dari penelitian ini adalah dari kedua hukum di atas memiliki substansi yang sama, yakni melemahkan pelaku pencurian, hanya saja bentuk pidananya yang berbeda. Hal ini merupakan keniscayaan karena pesatnya perkembangan zaman.