Garuda - Garba Rujukan Digital

Korporasi Sebagai Subyek Hukum dalam Tindak Pidana Lingkungan Hidup Pratama, T. Andana Harris; Ali, Muhammad; Fadil, Fadil
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2672

This paper aims to see how corporate responsibility in committing environmental crimes as one of the legal subjects. In order to approach this problem, theoretical references are used from their books by Philipus M. Hadjon and Tatiek Sri Djatmiati who argue that in the civil law system, the first approach is the law approach. The data were collected through the applicable laws and regulations in Indonesia and were analyzed qualitatively. This paper concludes that legal responsibility in criminal acts of environmental damage is not only borne by individuals, but also legal entities or corporations as subjects of criminal law. In this case the board and the corporation have the same burden of responsibility in committing an environmental crime.

Religious Moderation and Family Resilience in the City of Malang, Indonesia: The Historical Perspectives of the Islamic Law Fadil, Fadil; Marwinata, Pepy; Jannah, Shofiatul; Siroj, A. Malthuf
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.19821

Religious moderation is a moderate attitude or perspective in religion that is fair and balanced. A moderate mindset and behavior in the family is very significant for married couples to avoid things that can damage the honor and dignity of the family. The research method used is an empirical legal study with an approach to the history of Islamic law. Data was collected through in-depth interviews with a number of informants namely, academics, housewives, teachers and self-employed people. While document studies are carried out by analyzing journal articles, books and various references related to the discussion. The research found that a moderate religious perspective and attitude are critical for family life. Family resilience strategies include belief systems, organizational processes, communication processes, and problem solvers. Among the materials that are very important for strengthening religious moderation in the family are tolerance, leadership in the family, division of roles in the family, equal relations between a husband and a wife, respect for the existence and quality communication of all family members, and cultivating negotiation in decision-making, And no less important is a moderate religious understanding. In terms of the Islamic law history, several families, such as the Prophet Ibrahim’s family, the Imran family (Alu Imran), and the Prophet Muhammad PBUH, can be used as examples of cultivating the true values of monotheism, humanity, social solidarity, and even purity and self-respect. Meanwhile, in Indonesia, the family of Hadaratus Sheikh KH. Hasyim Asyari, the founder of Nahdlatul Ulama can be used as an example who gives birth to children and grandchildren and even families who have a sense of nationalism, religion, humanism, pluralism and social solidarity.

Fulfillment of Women's Rights After Divorce: Dynamics and Transformation in the Legal Journey Fadil, Fadil; Mazidah, Zidna; Mahmudi, Zaenul
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.25713

The Supreme Court has ruled that in contested divorce cases, women are entitled to receive nafkah iddah, mut'ah, and nafkah madhiyah, provided they do not act nusyuz. However, this provision is not being effectively implemented. This study examines the fulfilment of women's rights post-contested divorce in the Malang Regency Religious Court. The goal is to identify shortcomings in implementing these regulations and propose solutions for more effective enforcement. The research employs an empirical-juridical method, using secondary data from interviews and documentation with key personnel at the Malang District Religious Court. The qualitative analysis refers to Soekanto's theory. The Findings indicate that the fulfilment of women's rights in contested divorces at the Malang Regency Religious Court is ineffective. The law is clear and understandable, and officers, judges, and staff are accountable. Furthermore, the Malang District Religious Court provides sufficient infrastructure and support. However, the unmet factors—community awareness and cultural attitudes—pose significant barriers. Low legal awareness and compliance, coupled with cultural tendencies in Malang District to avoid legal processes and seek quick resolutions, hinder effective implementation. Addressing these issues is crucial for the regulations to achieve their intended impact on women's rights post-divorce.

The Influence of Positivism and Empirism in The Enforcement of Islamic Inheritance Law in Indonesia Zaman, Jamrud Qomaruz; Sholeh, Achmad Khudori; Fadil, Fadil; Salam, Nor; Binti Ros Azman, Aina Sofea
Susbtantive Justice International Journal of Law Vol 7 No 1 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i1.267

Positivism and empiricism are modern paradigms become the basic guidelines for the schools of legal philosophy, namely legal positivism and legal realism. However, the current condition in Indonesia is dominated by the paradigm of legal positivism so that everything must be by written law. The practice of inheritance division that is always based on the concept of 2:1 as in the Compilation of Islamic Law is felt to be incompatible with community justice. The purpose of this research is to enrich the study of the positivism and empiricism paradigms as a renewal of Islamic inheritance law in Indonesia. The benefit of this research is to inform that the integration of positivism and empiricism in law will produce competent law enforcement. This research is a normative research with a conceptual approach and data sources in the form of literature and data analysis techniques, namely evaluation. The results of this research are; (1) The factor that causes judges in Indonesia to use the judicial restraint approach excessively as a characteristic of legal positivism is the legal culture of the application of the civil law legal system. (2) The solution to the problem offered is to borrow Fazlur Rahman's double movement theory, namely historical contextualisation by taking universal values from the norm. Therefore, it is time for judges to be free to move to realize moral justice within the limits set by the Constitution and the Law on Judicial Power.

LAW OF MARRYING DAUGHTER OUT OF WEDLOCK BY BIOLOGICAL FATHER IN SHAFI'I AND HAMBALI MADHHABS Fadil, Fadil; Syaifudin, Muh; Aziz, Qiqiya Tantowi
TAWASUT Vol 11, No 1 (2024): JURNAL TAWASUT
Publisher : Pascasarjana Universitas Wahid hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/ta.v11i1.10902

AbstractThis study aims to explore the views of the two main madhhabs in Islam, namely Shafi'i and Hambali Madzhabs, regarding the law of marrying daughters out of wedlock by their biological fathers. This research is done to understand the Islamic legal perspective of such marriages, a complex and challenging issue in Muslim societies.This study used normative and comparative legal methods. The normative method of law is focused on the analysis of Islamic law from the perspective of Shafi'i and Hambali Madhhabs related to the marriage of an extramarital daughter by her biological father. Meanwhile, the comparative method compares the views of the two madhhabs related to the same case. Data sources include primary legal materials, such as the Quran and hadith, and books, as well as secondary legal materials, such as data from the book of 4 madzhab and other books. The data collection techniques used were literature studies and interviews with Islamic jurists from both madhabs.From the research conducted, it was found that, according to Madzhab Shafi'i, the law of marrying a daughter out of wedlock by her biological father is invalid. Imam Shafi'i argued that a child born out of wedlock has no sexual relationship with his biological father, so a marriage between an adulterous daughter and her biological father is considered valid in his view. Meanwhile, according to Imam Hambali, if a woman becomes pregnant out of wedlock and is married by a man who impregnates or does not impregnate her, then the marriage is invalid or void because a pregnant woman, due to adultery, has an iddah period that is until her child gives birth. The child born cannot be sacrificed to his biological father but is still sacrificed to his mother and her family.Keywords: Biological Fathers, Extramarital Children, Marital Guardians

An Analysis of the Criminalization of Forced Marriage from the Perspective of Dzari'ah Theory Sunarto, Muhammad Zainuddin; Fadil, Fadil; Suwandi, Suwandi
JURNAL AT-TURAS Vol 11, No 2 (2024)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v11i2.8803

The practice of forced marriage that is cultured in society has many negative effects, one of which is that women are a group that is vulnerable to various forms of domestic violence, both physically, psychologically, sexually, and economically. Criminal law is expected to overcome the high rate of domestic violence that occurs due to forced marriage. In the case of forced marriage, criminal law is important in anticipation of domestic violence. The focus of this research is how forcing marriage as a criminal act uses the theory of dzari'ah. The factors that affect the occurrence of forced marriage are patriarchal culture and ideology that are socialized in society. In the patrilineal system, marriage is often a tool to strengthen inter-clan or family relationships. The correlation between forced marriage and the right of ijbar wali shows that the practice of forced marriage in the community is also greatly influenced by the right of ijbar wali. The criminalization of forced marriage has been by dzari'ah, in practice there is a certain motivation from the perpetrator of coercion to make the victim forced to carry out marriage on the one hand, and on the other hand, the consequences arising from the marriage on which one of the spouses is forced to carry out the marriage. The TPKS Law has translated the basic values of Grundnorm into daily legal practice. This shows how the implementing norm expresses Grundnorm's values through concrete legal sanctions that are in line with the mandate of the 1945 Constitution to protect citizens.

A Operating The Trend of Feminism Research from Perspective of Islam: A Literature Review Prasetiyo, Handoko Budi; Fadil, Fadil
Eduvest - Journal of Universal Studies Vol. 5 No. 5 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i5.49985

Feminism is an ideology that advocates for gender equality, emphasizing that men and women are entitled to equal rights across all aspects of life. While Islam also upholds women's rights, equating it directly with feminism can be misleading. Both frameworks share a common emphasis on equality, yet they operate within distinct philosophical and cultural contexts. Islam emphasizes equality before God, particularly in worship and moral responsibility, whereas feminism broadly addresses systemic gender disparities in societal and political realms. This research examines the intersection and divergence between feminist ideology and Islamic principles concerning women's rights. Using a qualitative method with a literature review approach, the study analyzes scholarly works from the Scopus database, published between 2020 and 2024. Findings indicate that recent research tends to focus on women's societal roles, such as maternity, abortion, and marriage, within the scope of either feminism or Islam, but rarely in direct comparison. Moreover, feminist discourse often extends beyond traditional gender roles, demanding broader rights that are not always framed in Islamic discourse. This research contributes to a clearer understanding of where feminism and Islam converge and diverge, offering insights for future interdisciplinary studies on gender, religion, and rights. Further research is recommended to expand the scope beyond Asia and include diverse cultural perspectives.

Evaluation of Input, Process, and Outputs of Ma’had Ali Program in Islamic Boarding School Fadil, Fadil
Ta'allum: Jurnal Pendidikan Islam Vol 8 No 1 (2020)
Publisher : Fakultas Tarbiyah dan Ilmu Keguruan (FTIK) UIN Sayyid Ali Rahmatullah Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/taalum.2020.8.1.119-138

Evaluation research aimed at determining the condition of input, process, and output. evaluation of Input is evaluation of conditions before the Ma'had Ali program was carried out. Process, evaluation of the program management process. Output of the Ma’had Ali Program, at this stage evaluation will be carried out on graduates. Its evaluation model was a countenance stake. The methods were used such as interviews, observation, questionnaires and assessment sheets that are structured for managers, students, lecturers, and alumni. The conclusions of this study were the evaluation of whole input components was in a bad category because the respondents who answered very good and good category were only 50.9% of 100%. Whereas, the evaluation of process components was in a good category because the frequency of very good and good category was 77.17% of 100%, While, the evaluation of the overall output component is in bad category because the frequency of very good and good category was 73.6% of 34 graduates who answered the questionnaire. This shows that the overall output of the Ma’had Ali program has not reached the standard of a successful program.

Korporasi Sebagai Subyek Hukum dalam Tindak Pidana Lingkungan Hidup Pratama, T. Andana Harris; Ali, Muhammad; Fadil, Fadil
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2672

This paper aims to see how corporate responsibility in committing environmental crimes as one of the legal subjects. In order to approach this problem, theoretical references are used from their books by Philipus M. Hadjon and Tatiek Sri Djatmiati who argue that in the civil law system, the first approach is the law approach. The data were collected through the applicable laws and regulations in Indonesia and were analyzed qualitatively. This paper concludes that legal responsibility in criminal acts of environmental damage is not only borne by individuals, but also legal entities or corporations as subjects of criminal law. In this case the board and the corporation have the same burden of responsibility in committing an environmental crime.

Title

Found 9 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 9 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 9 Documents
Search