Article Per Year (5 Year)
p-Index From 2021 - 2026
0
P-Index
This Author published in this journals
All Journal AT-TAFAHUM: Journal of Islamic Law
Misdin Arifin HM
University Malaya Of Malaysia
Arts Humanities

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Legal Protection Against Cases of Blasphemy: An Analysis of Legal, Ethical, and Social Impact Aspects In the Context of Freedom Speech Misdin Arifin HM; Anwar Musaddat
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29063

Abstract

The purpose of this study is to analyze the regulation and implementation of Criminal Law regarding the crime of blasphemy. The research method used in this study is a normative research method, namely. legal research, which is carried out to study the laws and regulations that apply to a particular legal problem. The results of this study indicate that Indonesia is a country that recognizes the existence of religion and divinity, therefore the first principle of Pancasila and the preamble to the 1945 Constitution of the Republic of Indonesia expressly state the recognition of divinity in different religions and beliefs. Therefore, everyone must adhere to a certain religious and belief system that is believed to be true. However, every religious community is obliged to maintain harmony between religious communities both in carrying out their religious worship and in implementing the laws they believe in. One of the actions that often causes conflict between religious communities is blasphemy. With the development of information and communication technology (informatics), satire against religion in various virtual media is widely spread both on social media and news media. In order to maintain harmony among religious communities, the government strictly implements the anti-blasphemy law based on various laws and regulations such as the Criminal Code and Law Number 11 of 2016 concerning amendments to Law Number 19 of 2008. Therefore, perpetrators of blasphemy who commit religious acts face the legal consequences of their actions.
The Law of Obeying A Leader According to the Views of Abu Muhammad Al-Maqdisi Reviewed from Fiqh Siyasah Misdin Arifin HM; Dirja Hasugian
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (711.497 KB) | DOI: 10.7006/attafahum.v2i2.5175

Abstract

It has become an agreement among Sunni scholars that obeying the leader of the state is an obligation. The obligation to obey this applies to every Muslim leader whether he is cautious or not while not yet falling into real kufr. No one sneaks in this principle except the Khawarij and Mu'tazilah. But there is a figure named Abu Muhammad Al-Maqdisi who in principle has the same understanding as the Sunni scholars in the matter of the obligation to obey the leader even though they are acting arbitrarily against the people. The problem is that there is a statement from al-Maqdisi that shows the fall of the obligation to obey the leaders now, as if Muslim leaders have now apostatized from Islam so that they must not be obeyed or be loyal to them and are even obliged to fight. The formulation of the problem is: (1) how al-Maqdisi's views on obedience to the leader, (2) how the ulama's response to al-Maqdisi's views, (3) What is al-Maqdisi's view according to siyasah fiqh. This study aims to describe and describe the ai-Maqdisi thinking systematically. From this study it can be concluded that al-Maqdisi saw no adherence to the leaders of the Islamic world now because they had apostatized due to abandoning Islamic laws, therefore obliged to fight them according to their respective abilities. Many scholars opposed Al-Maqdisi's ideas but many supported them. However, if viewed from the perspective of the Siyasah fiqh, al-Maqdisi's thinking is incorrect, even very dangerous because it will cause a war between the government and the people so that the country will be chaotic.
Co-Authors Anwar Musaddat Dirja Hasugian