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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal Sahabat ISNU SU
Chifa Azyana Adly Meknesya
Sidi Mohamed Ben Abdellah Fes Morocco
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Analysis Of The Islamic Legal Paradigm In Studying Monogamy, Polygamy And Divorce Chifa Azyana Adly Meknesya; Muhammad Hidayat
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29056

Abstract

This article examines contemporary Islamic legal perspectives on monogamous and polygamous marriages, as well as the processes and underlying reasons for divorce within the framework of modern Islamic jurisprudence. In everyday life, marital relationships frequently encounter various social, economic, and emotional challenges, prompting individuals to navigate between monogamy as the ideal normative model and polygamy as a conditionally permissible practice under sharia. At the same time, divorce emerges as a complex phenomenon influenced by multiple factors, including incompatibility, economic hardship, and moral considerations. The study aims to explore the views, arguments, and proposed solutions of contemporary Islamic scholars in addressing these issues. Employing a qualitative bibliographic approach, this research draws upon classical fiqh literature alongside the interpretations and analyses of modern scholars, thereby bridging traditional doctrines with current socio-cultural realities. This method allows for a comprehensive understanding of how Islamic legal thought evolves in response to changing contexts. The findings reveal that contemporary Islamic law promotes a balanced, just, and context-sensitive approach to marital issues. Monogamy is strongly encouraged as the ideal form of marriage due to its alignment with principles of fairness and stability. Polygamy, while permitted, is strictly regulated and only justified under compelling circumstances, with the absolute requirement of justice among spouses. Furthermore, divorce is regarded as a last resort, permissible only after all efforts toward reconciliation, mediation, and mutual understanding have been thoroughly exhausted.
Overcoming Heretical Sects Through Fatwa of the Ulama Consultative Council and Qanun Chifa Azyana Adly Meknesya; Ansari Yamamah
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (376.417 KB) | DOI: 10.47006/attafahum.v2i1.5100

Abstract

One of the social phenomena in the midst of religious life in Aceh is the emergence and development of deviant sect, This phenomenon is considered alarming because remembering Aceh is a region that is trying to implement Islamic law in every part of its life and is known as an area that has a strong Islamic culture in Acehnese society from ancient times, seeing this incident, the stakeholders in Aceh took steps to overcome it, one of them was by issuing qanun and fatwa, the efforts to deal with the two legal products were preventive, repressive, and curative. The purpose of this research is to find out the role of qanun set by the government in overcoming the criminal offenses of cults so that they can become social controllers on the issue of cults that developed in Aceh Province, Knowing the role of the fatwa stipulated by the Ulama Consultative Assembly in overcoming the crime of heretical sects so that they can become a social controller on the issue of cults which developed in Aceh Province. To find out the process carried out by the government in acting or punishing deviant sect. The method used in this study is qualitative, this study at the Islamic Syariat office of the city of Banda Aceh, the time of this research was carried out from march to December 2018.The results of this study state that efforts that synergize between qanun and fatwa in tackling cases of cults still need to be improved, so as to anticipate the growth and spread of cults, the forms of mitigation carried out are preventive, repressive and curative, but even so the handling process is in practice not yet maximal, still impressed incidental and running as a minimum, so that the potential for the same case to occur again.
The Exemption of Punishment and Criminal Responsibility According to Islamic Criminal Law Chifa Azyana Adly meknesya; Viennalia Rizti Putri; Sarah Rubina Ilham
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

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Abstract

The abolition of punishment and criminal liability in Islamic criminal law is a concept that demonstrates the flexibility of sharia in realizing justice and public welfare. This issue is important because in practice, Islamic criminal law is often perceived as a rigid and repressive system, even though normative mechanisms exist that allow for the abolition of punishment and criminal liability under certain conditions. This study aims to analyze the legal basis for the abolition of punishment, examine the various factors causing the abolition of punishment, and explain the concepts and factors that influence the abolition of criminal liability in Islamic criminal law. This study uses a qualitative method with a normative library research approach by reviewing the literature and various related scientific references. The results show that the abolition of punishment has a normative basis in Islamic law, which includes forgiveness, repentance, lack of evidence, coercion, and other legal conditions recognized by sharia. However, the abolition of punishment does not always mean the loss of criminal liability, because in certain conditions there are still forms of legal consequences such as diyat. Meanwhile, criminal responsibility in Islamic law depends on the fulfillment of the elements of reason, awareness, and freedom of will, so that factors such as mental disorders, not yet reaching puberty, coercion, and unintentional acts can cause criminal responsibility to be dropped or reduced.
Co-Authors Ansari Yamamah Muhammad Hidayat Sarah Rubina Ilham Viennalia Rizti Putri