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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Muqaranah Indonesian Journal of Multidisciplinary Sciences
Purnomo, Bitoh
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pemanfaatan Sawah Warisan Secara Bergilir Menurut Hukum Islam dan Hukum Adat Endry, Endry; Torik, Muhammad; Purnomo, Bitoh
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.19581

Abstract

The use of inherited rice fields in rotation is in accordance with customary inheritance law and article 189 KHI, namely using collective principles. This is not in accordance with the individual principle in Islamic inheritance law. One reason is that in the collective system there is a delay in the distribution of inherited assets. This has the potential to cause conflict. The formulation of the problem in this research is how to implement the use of heritage rice fields in rotation among the Mayapati Village community. The aim of the research is to examine through Islamic law and customary law the rotational use of inherited rice fields in the Mayapati Village community. The type of research is field research with data collection through interviews, observation and documentation. This research is also normative legal research with a qualitative approach, namely data obtained through library materials such as books, documents or statutory regulations related to the problems that occur. Descriptive in nature, that is, the problem is formulated according to the facts that occurred. According to customary law, inherited rice fields are used in rotation according to a collective system. According to the view of Islamic law, inheritance should be divided based on the parts regulated in the text. Referring to the Compilation of Islamic Law, the rotational use of inherited rice fields which is in accordance with Islamic Law is only inherited collectively, in accordance with property rights in Islamic law, namely ownership for the benefit only or haqqul intifa', while the rotational use of rice fields is not in accordance with work regulations. with muzara'ah.
MAQÂSHID AL-SYARÎʻAH AND HUMAN RIGHTS PROBLEMS Purnomo, Bitoh
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.5631

Abstract

Islam is a religion with a welfare orientation not only for Muslimsbut also for all humanity. Thus, a guide in Islam must certainly aim for goodand benefit, and vice versa. However, several guidelines in Islam haveclashed with various things including clashing with Human Rights, such asthe application of Jizyah in an Islamic government is considered contrary tohuman rights, this is because Jizyah is only required for non-Muslims (kafirDzimi) and not obliged by the Muslim community itself. Based on thebackground, this research aims to know, review, and explain how ShariaMaqashid as a method of Instinbath law such a response to human rightsproblems? This research used normative law research with the descriptiveanalytical specification. The law materials used primary, secondary, andtertiary substances. The collection of law materials in this research pursuedby conducting literature research and document studies. The main approachwas taken by doctrinal. Based on the results of this study it can be concludedthat between the Maqsidan and the realization of human rights (HAM) thereis a close and inseparable relationship. The obligation of Jizyah for nonMuslims (kafir Dzimi) in an Islamic government is precisely a form of justicethat does not contrary toward human rights, this because the obligation ofJizyah is a form of non-Muslim contributions (kafir Dzimi) as the obligationof zakat for Muslim communities towards an Islamic government. It can beconcluded that both Muslims and non-Muslims (kafir Dzimi) should not bediscriminated against in the government. Thus, this affirms that theguidance of Islam and human rights does not contradictory to one another ifcomprehensively studied with the Maqashid sharia approach. Keyword: Maqosid, fitrah, attitude
Tinjauan Hukum Positif dan Hukum Islam terhadap Orang Yang Menyamar sebagai TNI Gadungan dengan Motif Penipuan M. Khris Aditya Fajari; Erniwati; Purnomo, Bitoh
Indonesian Journal of Multidisciplinary Sciences (IJoMS) Vol. 3 No. 2 (2024): Indonesian Journal of Multidisciplinary Sciences (IJoMS)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/ijoms.v3i2.986

Abstract

With the advancement of technology, there are more and more frauds using technology, such as fraud using SMS, telephone and even internet fraud. There are many ways in which fraudsters can carry out their actions. The type of research used in this research uses library research. The results of this research, according to positive law, are explained in article 378 of the Criminal Code, imposing a sentence on the defendant with imprisonment for 3 (three) years and 6 (six) months. According to Islamic law, fraud is subject to Ta'zir punishment, namely in the form of legal bond and exile, legal differences positively subject to article 378 of the Criminal Code, namely a prison sentence of 3 years and 6 months, whereas in Islamic law, Jarimah ta'zir is imposed, namely the law of binding and exile. The same applies to providing sanctions to perpetrators who are proven guilty, namely perpetrators of people posing as fake TNI with fraudulent motives and the sanctions given are aimed at providing a deterrent effect for acts carried out by force as determined by written regulations.
Co-Authors Endry, Endry Erniwati M. Khris Aditya Fajari Torik, Muhammad