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p-Index From 2020 - 2025
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All Journal Journal of Family Law and Islamic Court
Kappaja, Ismail
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Religion Law, Crime, Criminology & Criminal Justice

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Tree Planting before Merriage in Village Regulation No. 2 of 2009 in Bone-Bone Village, Enrekang Regency According to Maslahah Khairiah, Nahdiatul; Salam, Abdul; Jumadil, Jumadil; Kappaja, Ismail; BN, Andi Muh. Taqiyuddin
Journal of Family Law and Islamic Court Vol 3, No 2 (2024): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i2.16543

Abstract

This research was conducted to know (1) the implementation of regulation no. 2 of 2009 Article 3 Bone-Bone Village and (2) the perspective of benefits for the implementation of Bone-Bone Village regulations No. 2 of 2009 Article 5. This research is field research using qualitative methods. The approach used in this study is an empirical juridical approach, with data collection techniques through observation, interviews, and document review. primary and secondary primary data obtained by conducting interviews with village government, religious leaders, and communities involved secondary data from documents related to data analysis techniques in this study starting from the data collected and then analyzed, then classifying the data that has been collected then the data is concluded.The results of this study indicate that (1) Implementation of Regulation No. 2 of 2009 Article 5 Bone-Bone Village, there are two, namely the first introduction to Regulation No. 2 of 2009 Article 5 which introduces the regulation using socialization. Then the second is the stage of implementing regulation No.2 of 2009 Article 5, namely registration, then planting trees and reporting; (2) Rules for planting trees No. 2 of 2009 Article 5 This regulation aims for the benefit and welfare of the community. From the perspective of this benefit, it is maslahat mursalah. Maslahat mursalah is something that brings benefits (profits) and keeps harm (damage) away. 
Castal Punishment in the Perspective of Islamic Law Atika, Nur; Nuh, Ahmad; Salam, Abdul; Kappaja, Ismail
Journal of Family Law and Islamic Court Vol 3, No 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.18032

Abstract

This study aims to examine the application of chemical castration punishment to perpetrators of child sexual violence in Indonesia from the perspective of Islamic law. In Indonesia’s positive law, chemical castration is regulated in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional penalty. The method used is a normative juridical approach with a qualitative research design. This study seeks to analyze the compatibility of chemical castration with the principles of Islamic law, focusing on whether it aligns with the maqashid al-sharia (objectives of Islamic law) and the core values of justice and fairness. The research findings suggest that chemical castration could be categorized as a form of takzir (discretionary punishment) in Islamic law, provided it does not conflict with the fundamental objectives of sharia, and that its implementation must adhere to the principles of proportionality and fairness. The research also critically assesses the broader implications of chemical castration, particularly from ethical, human rights, and legal perspectives. It delves into the ethical concerns of the medical profession regarding its implementation, highlighting the balance between upholding justice and respecting human dignity. Additionally, the study explores the views of contemporary Islamic scholars on the use of chemical castration as a punishment, assessing the debates surrounding its legitimacy in the context of Islamic jurisprudence. Ultimately, the study aims to provide a comprehensive understanding of the legal, ethical, and religious dimensions of chemical castration as a criminal penalty in Indonesia.
Co-Authors Atika, Nur BN, Andi Muh. Taqiyuddin Jumadil, Jumadil Khairiah, Nahdiatul Nuh, Ahmad Sugeng, Santoso