Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Tahqiqa: Jurnal Pemikiran Hukum Islam Qiyas : Jurnal Hukum Islam dan Peradilan
Ilyas, Sufyan
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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

Found 2 Documents
Search

 1 
DINAMIKA HUKUM KELUARGA ISLAM DI INDONESIA: ANTARA TRADISI, SYARIAH, DAN HUKUM POSITIF Ilyas, Sufyan
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study adopts a qualitative approach to explore and analyze the dynamics of Islamic family law in Indonesia, focusing on the interaction between tradition, Sharia, and positive law. The qualitative approach allows the researcher to delve deeply into the phenomena occurring on the ground, as well as understand the socio-cultural context that influences the implementation of Islamic family law in Indonesian society. The study aims to uncover the perspectives of society, legal practitioners, and scholars regarding the application of Sharia principles in family law cases such as marriage, divorce, and inheritance, as well as the role of positive law in handling family disputes that intersect with Islamic law. Data collection involves in-depth interviews with Sharia law experts, religious court practitioners, and individuals directly involved in Islamic family law practices. Additionally, participatory observation is conducted to comprehend the interaction between the parties involved in family law cases, as well as how religious courts handle family law matters. Relevant legal documents, such as the Compilation of Islamic Law (KHI), fatwas from the Indonesian Ulema Council (MUI), and court decisions related to family disputes, are also analyzed to understand how positive law in Indonesia reflects Sharia values in handling family law cases and how the integration of both legal systems can be improved to achieve justice in alignment with religious and cultural values.
SANKSI KEBIRI DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM PIDANA INDONESIA Ilyas, Sufyan
QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 3, No 1 (2018)
Publisher : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v3i1.964

Abstract

This research  raises the  problem;  (1). How  is the  determination of the  sanction  of the  law that  is applied  in the Government Regulation  Substitute  Law (PERPPU)  No. 1 of 2016  according  to the  perspective of Islamic Law, (2). How  is the determination of the sanction  of the law that is stipulated  in the Government Regulation  in Lieu of Law (PERPPU)  No. 1 of 2016  according  to the perspective of Indonesian Criminal Law. This research  is a normative legal research  with normative juridical approach to trace the legal basis, be it in Islamic law or Criminal Law of Indonesia especially  related  to sanction  of kebiri, method of collecting data  using library method, after data  collected and  then analyzed  and  interpreted by using deduc- tive method that is to draw general  facts to make  facts or conclusions  gained  previously  into something  special. The results of this study conclude  that; (1). In the perspective of Islamic Law, chemical  punishment is categorized  as a punishment that has a minimum  and  maximum restriction  determined by the judge,  so it can  be classified as a ta’zir punishment. (2). According to the Indonesian Criminal Law perspective, the determination of the sanction  of kebiri aims to safeguard the welfare of the Indonesian people  from the pedophile actors,  to give a deterrent effect and  as a form of responsibility  towards  the law of the perpetrators.
Co-Authors