Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab

CyberAffair: The Phenomenon of Infidelity in the Digital Age from the Perspective of Fiqh Rules

Al Fakhri Zakirman, Rifky Mei Manda, Siti Rohana, Revi Mariska — Mon, 30 Sep 2024 00:00:00 +0000

The phenomenon of cyberaffair or digital infidelity is one of the negative consequences of technological advancements in the digital era, where emotional and romantic relationships can form through social media, messaging apps, or other online platforms. This article examines the phenomenon from the perspective of Islamic legal principles (fiqh) using a descriptive qualitative method aimed at providing guidance on addressing this issue based on Islamic law. Several relevant principles include al-ashlu fil asyaa’i al-ibahah (the default ruling on things is permissibility), idzajtama’a al-haram wa al-halal ghalaba al-haram (when the lawful and unlawful combine, the unlawful prevails), dar'ul mafasid muqaddam ‘ala jalbil mashalih (preventing harm is prioritized over obtaining benefits), and adh-dharar yuzal (harm must be removed). Through these principles, the article emphasizes the importance of preventing digital infidelity due to its detrimental effects on morality, marital relationships, and social life. In conclusion, Islam provides clear guidance on maintaining boundaries in digital interactions to avoid greater harm in personal and family life.

Thematic Commentary on Human Rights

Hasniati Hasniati, Achmad Abubakar, Muhammad Irham A. Muin — Mon, 30 Sep 2024 00:00:00 +0000

Human rights are unique and universal rights for humans from birth. Human rights in Islam or from the perspective of the Koran mean unique human rights. This is a natural and fundamental obligation given by Allah SWT. From an Islamic perspective, human rights are related to the concept of equality. This is Q.S. Al Hujjarat verse 13. This article uses a research method with a qualitative approach and a literature review by collecting some information related to library research as a data source. Several theoretical studies deal with understanding human rights, human rights and obligations, and equality and legal status from an Islamic perspective. The conclusion of the author's article is that from an Islamic perspective, human rights are born directly from God Almighty and cannot be taken away or taken away, so they existed long before they became basic rights inherent in individuals. Therefore, values Human rights and their universal principles are part of the spirit and values of Sharia law.

Perceptions of Agricultural Zakat Management Among Oil Palm Farmers in Central Mamuju Perfection of Islamic Fiqh and Zakat Law

Nini Karmila, Alimuddin Alimuddin, Helmy Fauzy Ahmad — Mon, 30 Sep 2024 00:00:00 +0000

This research aims to analyze the community's understanding of the management of zakat mal among palm oil farmers in Batuparigi Village, Tobadak Sub-district, Central Mamuju Regency. Using a qualitative approach, this research focuses on an in-depth understanding of the social, cultural, and economic contexts that influence the management of zakat mal among palm oil farmers. This approach was chosen because it provides flexibility in exploring the community's understanding, attitudes and perceptions more comprehensively. Data were collected through two main methods: in-depth interviews and participatory observation. After the data were collected, data processing was conducted through thematic analysis steps. First, interviews were recorded and transcribed to ensure the accuracy of the information. Next, the transcribed data and observation notes were read in depth to identify the main themes that emerged. The researcher then categorized the information based on themes, such as understanding of zakat, challenges in management, and socio-economic impact of zakat. The results show that the majority of oil palm smallholders have a limited understanding of the obligation of zakat mal, especially regarding the mechanism of its calculation and distribution in accordance with sharia. Factors such as education level, access to information, and guidance from local zakat institutions play a significant role in shaping this understanding. Despite the awareness of the importance of zakat, many farmers do not understand how to calculate the nisab and haul of agricultural zakat, especially palm oil zakat. From the perspective of fiqh schools of thought, there are different interpretations of agricultural zakat that affect practices in the field. This contributes to the discrepancy between the theory of zakat in fiqh and its implementation among farmers. Analysis of the Zakat Law No. 23/2011 shows that socialization and education related to mal zakat still need to be improved, so that palm oil farmers better understand their obligations.

Reconstructing Islamic Inheritance Distribution Through a Gender Justice Approach

Nur Amalia, Patimah Patimah — Sat, 19 Oct 2024 10:08:37 +0000

Equity in the division of inheritance between men and women continues to be a relevant and ongoing topic of discussion. The traditional view held by some classical circles is that the division of inheritance between men and women, as written in Surah An-Nisa' verse 11, is final and cannot be changed. Any change to this provision is considered a deviation from the sharia. On the other hand, contemporary scholars see the division as a rule that must be contextualized in accordance with the times and the existing social dynamics. Progressive thinking in this case is spearheaded by gender activists who consider that fiqh mawaris still has a gender bias. This study aims to analyze the application of the distribution of inheritance property that is fairer and in accordance with the conditions of Indonesian society through a gender theory approach. The methodology used is descriptive analytical, focusing on the issue of the distribution of inheritance that applies 1:2 for men and women. Data analysis was conducted by examining the arguments of inheritance through a socio-historical approach. The results show that the division of inheritance in Islam which refers to the ratio of 1:2 is not final. In the context of a changing society, the division can be adjusted to 1:1 or even 2:1. This research emphasizes the importance of contextual understanding of sharia texts so that the goal of Islamic law can be achieved, namely balanced justice for all parties. With this approach, it is hoped that the inheritance system can adapt to the more progressive values of gender justice in modern society.

Legal Protection against the Transfer of Rights to Ships with Weights Above 7 Gross Tonnage through Underhand Trading

Yudha Syahputra, Yuhelson Yuhelson, Anriz Nazaruddin Halim — Mon, 30 Sep 2024 00:00:00 +0000

In the reality that occurs in society which has become a customary law where it starts from the element of mutual trust and then agrees on the price and object, then the parties continue the sale and purchase agreement by buying and selling under the hand with receipts. So there was a levering of the transfer of ownership of the ship to the buyer. Related to Article 5 letter a of the Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 39 of 2017 concerning Registration and Nationality of Ships requires ships that are registered for ownership in Indonesia, namely ships with size 7 (Gross Tonnage). The method used in this study is normative juridical research, namely normative juridical research is an approach using a set of laws and regulations and other legal materials. The research approach used is to review laws and regulations as the main point of analysis in reviewing and discussing legal issues. From the results of the research, it is obtained that in order to avoid a dichotomy between government regulations that regulate a transfer of rights and notary deeds and the reality in the field, it is necessary that imperative provisions regarding the transfer of rights to ships with a weight of more than 7 gross tonnage are clearly regulated in the provisions that are included in the hierarchy of laws and regulations as per Law of the Republic of Indonesia Number 12 Year 2011 concerning the Formation of Laws and Regulations.

Analysis of Maslahah Mudharat in the Utilization of Promotional Content in the TikTok Affiliate Program on Social Media

Della Andiana, Arif Rahman Ramli, Muhammad Habibie Al Mubarak — Mon, 30 Sep 2024 00:00:00 +0000

This study discusses the analysis of maslahah mudharat in the use of promotional content in the TikTok Affiliate program on social media. The TikTok Affiliate program is gaining popularity among users to generate revenue through promotional content. However, in its implementation, there are various challenges such as lack of understanding in data management, ethics in creating promotional content, misuse of other people's videos, and lack of security protection for TikTok Shop users who make content at risk of being misused by irresponsible parties, including fraudsters. The method used is library research with a normative theological approach through literature analysis related to the use of promotional content in the TikTok Affiliate program, as well as academic sources and journals. The data sources used consist of primary data and secondary data. The results of the study show that the use of promotional content in the TikTok Affiliate program can improve content creation skills, creativity, and critical thinking skills in producing effective content. From the perspective of maslahah, the promoted product must meet halal criteria and not contain haram elements. However, in terms of mudharat, there is often a discrepancy between the goods promoted and the goods delivered, which creates the potential for fraud against consumers. This research provides a deeper understanding of how promotional content can be utilized within the framework of maslahah mudharat. Collaboration between users in the creation of effective promotional content can help expand reach and increase audience engagement. In addition, it is important for users to create content that is interesting and relevant to the target market, in order to achieve the desired commission. Consistency in making sales, increased performance measurement in promotional content, and compliance with applicable regulations and guidelines, including the obligation to disclose cooperation with TikTok Affiliates, are also important factors in the success of this program.

Legal Review of the Death Penalty in the Perspective of Human Rights

Airlangga Putera, Miftahul Jannah, Hanry Setiawan Nasution — Mon, 30 Sep 2024 00:00:00 +0000

This study aims to determine the regulation of the death penalty in Indonesia and its impact on human rights. The research uses library research and documentation to collect data. The regulation of the death penalty in Indonesia is contained in the Criminal Code legislation and outside it. Statistical data and criminology experts' hypothesis suggest that the death penalty in Indonesia does not provide a deterrent effect to reduce crime rates. Furthermore, the death penalty violates the convict's right to life. The right to life is guaranteed in several human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Convention on Human Rights, Law No. 39 of 1999 on Human Rights, and the Charter of Fundamental Rights of the European Union. The right to life is also guaranteed in the Supreme Constitution of Indonesia, specifically Article 28i of the 1945 Constitution. In Islamic law, the death penalty (qishash) is a legal practice that existed pre-Islamic and was modified during Islamic times.

Evidence and Qualification of Criminal Elements for Synthetic Tobacco Narcotics Crimes in Indonesia

Andika Prawira Buana, Muhammad Fauzi Ramadhan, Andi Amalia Suhra, Kaisar Kaisar — Mon, 30 Sep 2024 00:00:00 +0000

This study aims to analyze the process of evidence against the crime of narcotics synthetic Tobacco species regulated in Article 114 and Article 112 of law no. 35 Of 2009 On Narcotics. The research method used is normative legal research, which examines and interprets relevant legal regulations, legal documents, and legal doctrines in the context of evidence against synthetic tobacco narcotics crimes. This research is the latest research because there is no scientific work such as dissertation, thesis, thesis, national or International Journal that specifically discusses the evidence against synthetic Tobacco narcotics crimes under Article 114 and Article 112 of law no. 35 Of 2009 On Narcotics. The results showed that the legal qualification against synthetic Tobacco narcotics offense, as stipulated in Article 112 paragraph (2) and Article 114 paragraph (2) of law no. 35 of 2009 on narcotics, found a legal vacuum because synthetic tobacco is not clearly included in the classification of Narcotics Group I both derived from plants and non-plants, due to differences in sources, manufacturing processes, chemical composition, and effects on users. Regulations such as Kepmenkes No. 246 / Menkes/SK / 2017 on narcotics, ago guidelines No. 18 of 2021, and Perkap No. 6 of 2019 concerning the investigation of criminal offenses does not provide clarity regarding the classification of synthetic tobacco as Class I narcotics. In the aspect of criminal evidence against synthetic Tobacco narcotics, the evidence is carried out in a similar way to natural marijuana, which is a narcotic plant type i, where the entirety of synthetic tobacco is weighed, causing ambiguity in law enforcement.

Comparative Analysis of Judges' Decisions on Debts and Credits as Reasons for Divorce in the Class 1A Religious Court of Makassar

Muh. Mudassir, Azman Arsyad — Mon, 30 Sep 2024 00:00:00 +0000

The main problem in this research is related to the Comparative Analysis of Judges' Decisions on Debts and Receivables as a Reason for Divorce that occurred in the Makassar Class 1A Religious Court which aims to find out why Indonesian law does not make debts and receivables a basis for divorce, and to find out what factors are taken into consideration. the judge in granting a divorce case because of debts and receivables. The research method used by the author is qualitative research, which was carried out at the Class 1A Makassar Religious Court. Data sourced from cases 1) 2855/Pdt.G/2020/PA.Mks, 2) 1847/Pdt.G/2021/PA.Mks, and 2) 2847/Pdt.G/2021/PA.Mks, Judges, Figures Religion, Posbakum and Society. Field research techniques are research that is directly related to the research object being studied as well as Library Research, interviews and documentation. The data analysis processing is through deductive, inductive analysis and comparative methods. The results of this research are that the basis for the judge's consideration in deciding the Class 1A Makassar Religious Court decision case is by referring to the arguments of the lawsuit, evidence, and the statements of witnesses. The judge's considerations in granting the divorce petition filed by the husband against his wife were because they had debts for which no solution could be found for peace and harmony in their household. Meanwhile, according to Islamic law regarding the talak divorce case which the applicant submitted to the Makasar Religious Court on the grounds that the wife had a lot of debt, Islam views this divorce case as basically having no reason regarding debts and receivables, but because debts and receivables are the main reason husband and wife often experience problems. disputes and quarrels which cause there to be no longer a harmonious relationship and cannot be maintained, with that Islam views that this is a case of shiqaq (a sharp and continuous dispute between husband and wife) regarding responsibility for debts at the time of divorce, then debts arising from wrongdoing. one husband or wife cannot be transferred to that party without the knowledge or consent of the other party. In the absence of prior agreement from both parties, personal debts cannot be settled with the couple's personal assets or joint assets. So, in a situation like this, the party concerned will bear responsibility for the loan.

Photographing People Without Permission in the Practice of Street Photography in Makassar City

Muhammad Wildhan Hidayat, Darsul S Puyu — Mon, 30 Sep 2024 00:00:00 +0000

This journal discusses Photographing People Without Permission in Street Photography Practices in Makassar City (Comparative Study of Positive Law and the School of Jurisprudence) which aims to provide deeper insight into controversial issues in street photography, explore the underlying ethical and legal values, and consider the social and cultural implications of this practice. The results of this research can also be useful for photographers, legal practitioners and the general public in respecting individual privacy and understanding the ethical boundaries of photographing people in public spaces. This type of research is qualitative research. This research was carried out in Makassar City. The population in this research are photographers, the general public, legal experts and jurisprudence experts. The sample in this research was 10 people using field research methods, where researchers collected data through interviews with street photographers, legal practitioners and Islamic jurisprudence scholars. The results of this research show that there are still many photographers who don't realize that permission is very important, they think that as long as it doesn't disturb or harm other people, it doesn't matter if they don't ask for permission, even though permission is important to create a sense of security for street photography practitioners because they can do it safely. utilize the results of their work as described in the provisions of article 12 paragraph (1) of Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright) and the person who is the object of street photography feels safe because their privacy is protected. The implications of this research are to increase information and awareness for fellow photographers regarding the ethics of taking pictures of someone in the practice of street photography.

Domestic Violence in Contemporary Society

Satriani Satriani, Abd. Rahman R, Rahmatiah HL — Mon, 30 Sep 2024 00:00:00 +0000

The main problem in this research is domestic violence in the contemporary era and the legal consequences it causes. In law enforcement, the implementation of investigations basically does not differentiate between the victim and whether the victim must be a wife or husband because in the law it is not called a wife, it is clearly someone who is in the household, be it wife, children, parents, servants or other people. which is under supervision. The availability of sufficient evidence for proof is something that makes things difficult for victims. Forms of domestic violence are not only physical violence, but also sexual and mental violence such as verbal abuse, insults and mental terror if the victim leaves or reports the incident, as well as threats of being killed. As a result, domestic violence victims not only suffer physical injuries but also mental injuries. In this research, normative legal research or library research methods are used. In this normative legal research, library materials are basic data which in research science is classified as secondary data. Secondary data has a very broad scope, including personal letters, legal materials, legal journals, theses, dissertations, views of legal experts or fikhi (doctrine) scholars, diaries, legal books, legal dictionaries, jurisprudence down to official documents issued by the government. The results of this research are that domestic violence occurs due to several factors including economic factors, jealousy, gender inequality, differences in principles, alcohol, promiscuity, lack of good communication, but according to researchers, domestic violence occurs mainly due to lack of education. morals and weak faith in related parties resulting in a lack of implementation of religious values in married life and are easily propagated.

Enhancing Accessibility Through Mobile Marriage Validation Services in Polewali Mandar Regency

Sherina Mutiara Puteri Aziz, Alif Akbar — Mon, 30 Sep 2024 00:00:00 +0000

The phenomenon that occurs in the people of Tinambung District, Polewali Mandar Regency is that people do not have marriage books because they are still underage so their marriages cannot be registered. If marriage registration is not carried out, it will lead to irregularities in people's lives which will lead to legal smuggling. To get a marriage book, the couple must attend the marriage isbat at the Polewali Mandar Religious Court Office. However, the people of Tinambung District find it difficult to apply for marriage isbat because the distance to the Polewali Mandar Religious Court is quite far, transportation costs are expensive, and they are old. Starting from this problem, the Polewali Mandar Religious Court, in collaboration with the Polewali Religious Office, held a mobile marriage isbat program so that people could get marriage certificates. This research is included in field research (qualitative) which uses the Normative Syar'i Approach which refers to approaching problems from the perspective of Islamic law. From the results of research conducted by researchers regarding mobile marriage isbat, it was concluded that mobile marriage isbat in Tinambung District is very effective in increasing accessibility and if viewed from a maslahah perspective, mobile marriage isbat can be categorized as maslahah murlah. Because marriage isbat has many benefits compared to its harms, one of which is in terms of protecting offspring. With the marriage isbat, children born out of wedlock will receive a birth certificate which can be used to register for school. Not only will the couple benefit, but the offspring born from the marriage will also benefit if both parents follow the marriage isbat.