Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Al-Jinayah: Jurnal Hukum Pidana Islam Al-Istinbath: Jurnal Hukum Islam
Sulthon, M
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Studi Pemikiran Abdullah Ahmed An-Naim tentang Hukum Pidana Islan dan HAM Sulthon, M
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 1 (2021): Juni 2021
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2021.7.1.120-144

Abstract

The preliminary finding of this research acourding An-Naim is the contradiction between Islamic law and human rights caused by philosophy and tendancy of law. Islamic law is based on revelation, meanwhile the human rights on human experience. Islamic law emphasizes to the collective protection aspect, but the human rights concern to oneself interest. Islamic Criminal Law is not only to protrude its sanction aspect, but also to see the positive’s that’s social benefit..The above research found to respond the main problem of law Islamic criminal according An-Naim to the perspective of human rights. Sanction of dead punishment has been applied in Indonesia law sanction, while punishmen sanction of hand cutting and beating is not yet applied. On the other hand, the movement of human rights becomes stronger to refuse the implementation of islamic law sanction which is suppoused not relevance with the standard of human rights.This research position towards the anothers to strengthen the previous research, especially to strengthen the writing found ‘Topo Santoso’ that shows the priority of Islamic criminal law sanction.This research makes up normative and sociology’s. The analysis technique performed as descriptive analysis with the method : doctrine-comparative, analytic-deductive normative and analytic-inductive normative. Hence, the summary of this result study is withdrawn as deductive and inductive based on the data.
Navigating Stigma and Discrimination: Betrothal Challenges Faced by Descendants of Leprosy in Madura, Indonesia Sabri, Fahruddin Ali; Rosyadi, Imron; Isfironi, Mohammad; Hadi, Mukhammad Nur; Sulthon, M; Khazin, A. Mufti
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6905

Abstract

This article aims to uncover stereotypes against lepers and their descendants by impacting difficulties in finding a potential partner and the risk of being abandoned by a potential partner. This clearly cannot be underestimated and is part of the State and non-state actors’ responsibilities in protecting human rights based on Islamic law. This article used ethnography as a methodology of research when dialogue and observation were used as research techniques.  This study’s findings revealed that the descendants of lepers were considered a threat to the survival of their descendants, so they got discriminatory treatment, exclusion, stigmatization, exile, and inequality which in turn could interfere with their dignity. The Dhohiri School had a different view out of the four Schools of Islamic law namely Hanafi, Maliki, Shafi'i, and Hanbali, where this School rejected divorce because of disability in any form. Dhohiri School had shown partiality and respect for the human rights of lepers and their descendants to engage in Betrothal and marriage without any discrimination, exclusion, stigmatization, banishment, or inequality of any kind. The alignment of the Dhohiri School is in line with the State and non-state actors’ efforts to minimize the inhumane and terrible treatments of people with leprosy and their descendants.
Co-Authors Fahruddin Ali Sabri Hadi, Mukhammad Nur Imron Rosyadi Khazin, A. Mufti Mohammad Isfironi