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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal Sahabat ISNU SU
Yovani Zela
State Islamic University of North Sumatra
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Changes in Malay Traditional Law From A Sociological and Legal Anthropological Perspective Nur Hidayah; Yovani Zela
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i2.29164

Abstract

This study aims to analyze changes in Malay customary law from the perspectives of legal sociology and legal anthropology, and to identify the factors influencing these changes. Malay customary law, as living law, is a system of norms that grows and develops within society, regulating various aspects of life such as marriage, inheritance, and social relations. Over time, customary law has undergone transformation due to the influence of Islam, colonialism, modernization, and globalization. This study uses a deductive method with a normative approach based on a review of relevant literature and legal materials. The research results show that Malay customary law has undergone both normative and socio-cultural shifts. From a legal sociology perspective, these changes are influenced by the dynamics of social structures and the dominance of state law, often resulting in customary law being subordinate to positive law. Meanwhile, from a legal anthropology perspective, these changes occur due to transformations in values, lifestyles, and cultural interactions within the community. Nevertheless, Malay customary law remains a cultural identity that continues to adapt to the needs of modern society. Thus, changes in Malay customary law represent a form of adaptation to changing times, but also pose challenges in maintaining the continuity of traditional values. Therefore, synergistic efforts between the community, government, and customary institutions are needed to preserve the existence of customary law in national legal life.
The Crime of Theft by Workers in the Workplace: A Review of the Concept of Ghulul in Islamic Criminal Law David Nwanna Dumbiri; Yovani Zela; Jihan Aulia; Yunanta M. Hafiz; Ivan Vaizal
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

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Abstract

This study analyzes theft by workers in the workplace not merely as a crime against property (larceny), but as a form of betrayal of trust (fiduciary duty) in the context of Islamic criminal law. Using a normative approach based on literature studies, this journal examines the concept of Ghulul from the perspective of the Qur'an, Hadith and fiqh jinayah literature (Islamic criminal law), then compares it with the construction of theft in the Indonesian Criminal Code. The employment relationship is analyzed through the framework of the ijarah contract, where the worker acts as an amin (trusted party) who has special obligations. This study shows that criminal liability from the perspective of ta'zir (discretionary punishment) provides more comprehensive justice, going beyond mere punishment, including recovery of losses and social sanctions. In addition, the value of trust in the Islamic perspective can strengthen the company's internal control system. In conclusion, Ghulul is a relevant legal instrument to criminalize and prosecute acts of betrayal of trust in modern employment relationships, while also offering an alternative criminal liability that is more in line with substantive justice.
Co-Authors David Nwanna Dumbiri Ivan Vaizal Jihan Aulia Nur Hidayah Yunanta M. Hafiz