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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam WAHATUL MUJTAMA: Jurnal Pengabdian Masyarakat AL-BASHIRAH: Journal of Islamic Studies AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Muhammad Taufan Djafri
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Tinjauan Hukum Islam terhadap Rekaman Suara sebagai Alat Bukti Tindak Pidana di Peradilan: Islamic Legal Review of Audio Recordings as Evidence of Criminal Acts in Court Proceedings Muhammad Taufan Djafri; Asri, Asri; Ihsan Muhammad
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 3 No. 3 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v3i3.1451

Abstract

This research aims to identify the types of evidence that can be used in proving criminal acts in court according to Islamic law, as well as to analyze the position and validity of audio recordings as evidence of criminal acts in court from the perspective of Islamic law. This is a library research study employing normative and empirical juridical approaches. Data collection was conducted through documentary studies of relevant literature sources, and data analysis employed deductive techniques. The research findings indicate that in Islamic law, the types of evidence that can be used to prove criminal acts are syahādah (testimony), yamīn (oath), iqrār (confession), and qarīnah (sign or indication). The review of Islamic law regarding audio recordings as evidence of criminal acts states that audio recordings can be accepted if they meet the requirements of being accessible, audible, accountable, integrity-guaranteed, and capable of elucidating the circumstances. Audio recordings can be analogized with the qarīnah (indication) evidence in Islamic law. This research contributes to the discipline of Islamic criminal law by examining the use of audio recordings as evidence of criminal acts from the perspective of Islamic law, enriching the repertoire of Islamic criminal law in responding to technological advancements and evolving modes of crime in the modern era.
Tindak Pidana bagi Orang yang Berkebutuhan Khusus (Penyandang Disabilitas) dalam Perspektif Hukum Islam: Criminal Offenses for People with Special Needs (Person with Disabilities) in the Perspective of Islamic Law Muhammad Taufan Djafri; Ridwan, Ridwan; Mu’adz Hasan
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 1 No. 2 (2022): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v1i2.1584

Abstract

This research aims to find out and understand how punishment according to Islamic law is for people with special needs when committing a crime. This research is a type of qualitative research using library research methods. The legal materials are analyzed using a deductive method, namely a logical approach to determine a conclusion based on an analytical study of writing a Sharia perspective on the context of the problem using a normative juridical approach. The results of this research found that the judge's consideration is one of the most important aspects in determining the realization of the value of a judge's decision which contains justice and contains legal certainty, besides that it also contains benefits for the parties concerned so that the judge's consideration must be addressed carefully, well, and carefully. That the determination of criminal law by people with special needs who do not fulfill the elements previously mentioned means that in Islamic law they are not held responsible for their actions. However, in Islam, people with disabilities are not completely free from punishment. Because other people's property and souls are guaranteed by sharia'. Therefore, criminal perpetrators with disabilities are still held civilly liable. In Islamic law it is called diyat.
Pemerkosaan dalam Perkawinan (Analisis Undang-Undang No. 1 Tahun 2023 pada Pasal 473 KUHP dalam Tinjauan Hukum Islam): Rape within Marriage (Analysis of Law No. 1 of 2023 on Article 473 of the Criminal Code in Islamic Law Review) Muhammad Taufan Djafri; Abdul Munawir; Muzammil, Muzammil
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 3 No. 5 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v3i5.1750

Abstract

The aim of this research is to examine how Indonesian positive law and Islamic law view and handle cases of marital rape. The research methodology used is descriptive qualitative with a normative, philosophical and comparative approach. Data was collected through literature review from relevant primary and secondary sources. The research results found are as follows: first, Indonesian positive law will provide a maximum sentence of 12 (twelve) years for perpetrators of marital rape, if the victim reports it to the authorities. Second, according to Islamic law, this problem is divided into 2 parts as follows: it is not permissible, this has been agreed upon by the ulama when a husband forces his wife to have intercourse through the anus, during menstruation, fasting (fardhu), pilgrimage, not having paid kafarat, due to illness. severe, old age which can endanger the wife and when the husband has not fulfilled the muajjala dowry. Yes, the ulama have also agreed that a husband may force his wife to have sex if her condition is capable of serving him. Third, this analysis shows that there is harmony in several aspects between Islamic law and Indonesian positive law in dealing with marital rape. However, in several cases, Indonesian positive law is considered inadequate in protecting the rights of husbands accused of coercion against their wives. Meanwhile, from the perspective of Islamic law, a husband has the right to force his wife as long as the wife's condition allows her to serve her husband. It is hoped that the implications of this research will become a reference for creating more comprehensive legal adjustments and harmonization to ensure justice and balanced protection for all parties involved.
Tinjauan Empat Mazhab terhadap Penetapan Waktu Ihtiyath pada Jadwal Salat Fardu (Analisis Perbandingan): Review of Four Schools of Determination of Ihtiyath Times in the Fardu Prayer Schedule (Comparative Analysis) Muhammad Taufan Djafri; Putra Alam; Miftahul Jannah
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 4 No. 3 (2025): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v4i3.2304

Abstract

This study aims to determine the views of four schools of thought on the determination of iḥtiyāth time in the obligatory prayer schedule. This study uses a library research type that focuses on collecting data and information with the help of all materials available in the library and outside the library using a normative and comparative approach. The results of the study are as follows; First, the addition of iḥtiyāth time to the obligatory prayer schedule is necessary so that a person can perform prayers on time, also as a form of standardization of prayer times in a city. In addition, iḥtiyāth time is necessary because there are roundings in data collection and simplification of calculation results to the minute unit. Second, astronomers established this iḥtiyāth method based on the hadith about the recitation of 50 verses of the Qur'an between sahur and dawn, also in the hadith prohibiting performing prayers at sunrise, sunset, and istiwâ (culminating above) and the generality of the hadith about leaving doubtful matters. Third, the views of the 4 schools of thought on the time of iḥtiyāth are that they practice and argue with the time of iḥtiyāth in determining prayer times. However, what differentiates the concept of iḥtiyāth in the obligatory prayer schedule is the difference in adding and subtracting prayer times and the factors or causes for determining the time of iḥtiyāth. The polemic regarding determining prayer times is an issue that needs to be studied more deeply because current developments greatly influence various aspects of people's lives, including the implementation of prayer. So we need to refer back and study the correct method in determining prayer times so that we remain within the corridor and direction of religious law.
Pengabdian Masyarakat Berbasis Revitalisasi Syiar Islam: Meningkatkan Kualitas Keagamaan melalui Program Pembinaan Terpadu di Desa Kurusumange: Community Service Based on the Revitalization of Islamic Propagation: Improving Religious Quality through an Integrated Development Program in Kurusumange Village Muhammad Taufan Djafri; Ahmad Syaripudin
WAHATUL MUJTAMA': Jurnal Pengabdian Masyarakat Vol. 5 No. 1 (2024): WAHATUL MUJTAMA': Jurnal Pengabdian Masyarakat
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/wahatul.v5i1.1527

Abstract

The Community Service Program (KKN) is a form of community service that constitutes one of the main pillars of the Tri Dharma of Higher Education. The 7th batch of STIBA Makassar carried out the KKN program in Kurusumange Village, Tanralili District, Maros Regency, recognizing the lack of religious guidance within the community. This study aimed to examine the extent to which students' roles through the KKN program provided religious guidance for the community. The implementation method for the community service program commenced with mapping the community's problems and needs using the SOAR (Strengths, Opportunities, Aspirations, Results) analysis. Based on the analysis results, the work program was formulated according to the community's needs. The programs implemented included serving as the prayer imam and preacher for Tarawih prayers, leading congregational night prayers, delivering Friday sermons, giving dawn spiritual talks, teaching at TKA/TPA (Qur'anic study groups for children), providing DIROSA (reading and writing Arabic) and Tahsīn al-Qur'an (Qur'anic recitation improvement) instruction, organizing short Islamic courses, teaching at schools, hosting a pious children's festival, conducting social activities, providing training for funeral arrangements, and serving as the prayer imam and preacher for Eid al-Fitr prayers. All these programs were successfully implemented and have shown initial results aligning with the established KKN objective of providing religious guidance for the community.
Zakat Obligasi dalam Perspektif Hukum Islam: Zakat Bond in the Perspective of Islamic Law Muhammad Taufan Djafri; Hendra Wijaya; Syamsul Rijal
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 4 No. 3 (2023): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v4i3.1156

Abstract

This research aims to determine the status of bonds in Islamic law, understand the Islamic law review of zakat on bonds, and find out how to calculate zakat on bonds in Islam. This research is library research using descriptive analysis techniques. The results of this research show that: (1) The status of bonds in Islam is halal and zakat is mandatory; (2) In reviewing Islamic law, scholars have different opinions regarding the issuance of zakat on bonds, the first opinion states that bonds are not subject to zakat because they contain elements of usury, while the second opinion states that zakat is required for bonds along with the interest. The second opinion is a strong opinion because conventional bonds require zakat to be issued on the nominal value of the bond itself at 2.5%. Meanwhile, the zakat that must be paid on sharia bonds, namely from the bond itself, both the bond and its profits, must pay 2.5% zakat; (3) How to calculate zakat on bonds in Islam, namely bonds at PT Bank Mandiri, zakat is calculated based on their nominal value, namely 1000 bonds times IDR 25,000 equals IDR 25,000,000 then 25,000,000 times the zakat rate (2.5%) the result is the same as IDR 625,000.
Co-Authors Abdul Munawir Ade Syamna Maryam Ahmad Syaripudin Anugrah Askar Patahuddin Asri asri Asri Asri Aswar Aswar Hendra Wijaya Hendra Wijaya Ihsan Muhammad Ihsan Muhammad Ihwan Wahid Minu Islahuddin Ramadhan Mubarak Khaerul Aqbar MIFTAHUL JANNAH Muhammad Ridha Muzammil, Muzammil Mu’adz Hasan Mu’adz Hasan Putra Alam Ridwan Ridwan Ridwan, Ridwan Sayyid Tasdiq Syamsul Rijal Syamsul Rijal Syandri, Syandri Syarifuddin, Chaeril Vaizki M. Rusli Zulkarnain Alim Said