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All Journal Jurnal Tunas Agraria Journal of Islamic Law Studies Jurnal Hukum dan Pembangunan
Fauzi, Fahrul
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Journal of Islamic Law Studies

 1 
STATUS SOPIR SELAMAT DALAM KECELAKAAN KENDARAAN TUNGGAL YANG MENYEBABKAN KORBAN JIWA (PERSPEKTIF AL- JINAYAH ‘ALA AN-NAFS AL-INSANIYYAH) Maudyna, Maudyna; Fauzi, Fahrul
Journal of Islamic Law Studies Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

Vehicle accidents are one of the causes of the loss of a person's life. Vehicle accidents often occur where the driver as the party driving the vehicle survives while the passenger dies. This condition causes the driver's status to be named as a suspect in accidents that occur. This study analyzes the status of the driver who survived a single-vehicle accident that caused fatalities in the perspective of al-jinayah 'ala an-nafs al-insaniyyah. This study uses normative legal research methods with qualitative data analysis methods. The results of this study are that the crime of murder in Islamic criminal law is divided into three types: intentional murder, semi-intentional murder, and murder by mistake. The driver of a vehicle that has an accident and causes fatalities when viewed in Islamic criminal law has committed a crime of murder by mistake. That is because the element of causing death, occurred by mistake (unintentionally), and the causal relationship between the mistakes and the passenger's death has been fulfilled in the driver who survived the single-vehicle accident.
TINJAUAN KAWIN HAMIL DALAM PERSPEKTIF HUKUM ISLAM Fauzi, Fahrul
Journal of Islamic Law Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

Marriage is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the Almighty. Basically, in the opinion of some scholars from the origin of the law of marriage if connected with al-ahkam al-khamsah is permissibility or ibahah. But marriage as a condition to meet the needs of physical life (biological needs) is often bypassed. The fact that there is currently increasingly widespread premarital sex. One of the effects of premarital sex is pregnant out of wedlock. The practice in Indonesia when the woman is pregnant it will soon be married. Pregnant marriage is marriage to a woman who is pregnant out of wedlock, both married by the man who impregnated her and by a man who did not impregnate her. There are several differences of opinion between the four Imams Mazhab: Imam Syafi'i, Imam Abu Hanifa, Imam Malik bin Anas, Imam Hanbali, and several other imams. The Compilation of Islamic Law (KHI) also regulates marriages with pregnant women. This paper will further discuss the differences of opinion regarding pregnant marriage in the perspective of Islamic law.
Co-Authors Maudyna, Maudyna Suparjo Sujadi