Articles
Malapraktik Medis dalam Perspektif Hadits Riwayat Abu Dawud dan Pasal 58 UU No 36 tahun 2009: Studi Perbandingan
Savariah, Eva;
Arifin, Tajul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar
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DOI: 10.24252/shautuna.v5i1.37514
Malpractice is basically a social phenomenon so that it attracts a lot of public attention, not only among doctors but also human rights activists. Because malpractice in the world of medicine affects humans, physical losses and victims' property. The legal system in Indonesia does not yet have definite provisions regarding this case, so judges tend to use ordinary procedural law as a guideline. The purpose of the author in writing this article is as follows: 1) To find out how the perspective of hadith on medical malpractice. 2) To find out how the application of criminal law in Indonesia against medical malpractice. The research method that the authors use in this article is a qualitative approach with descriptive analysis techniques. The results of the research show that the hadith HR. Abu Dawud has the same meaning, that is, doctors or medical personnel must be held responsible for the mistakes they have made, because of the patient's losses, both physically, spiritually and psychologically. The government regulates health in the Law of the Republic of Indonesia No. 36 of 2009 concerning Health which was previously Law No. 23 of 1992. So patients who suffer losses can report the doctor or medical personnel through the Doctors Association organization in Indonesia or the existing Medical Discipline Honorary Council. in Indonesia (MKDKI) or the Medical Ethics Honorary Council and can also go through the High Court if it is in the form of a crime by including evidence of being a victim of medical malpractice.
KONSEKUENSI PENYEDIA DAN PENGGUNA JASA JOKI TUGAS DALAM PERSPEKTIF HUKUM ISLAM
Arifin, Ahmad;
Arifin, Tajul
JURNAL HAKAM Vol 7, No 2 (2023)
Publisher : Universitas Nurul Jadid
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DOI: 10.33650/jhi.v7i2.6046
Islam menganjurkan umatnya untuk menuntut ilmu. Serangkaian ilmu didapatkan melalui tahap Pendidikan, namun dalam prosesnya butuh komitmen kuat dalam menjalankan kewajibannya dengan dilandasi sebuah integritas. Fenomena Jasa Joki Tugas menjadi salah satu penyebab hilangnya integritas di kalangan mahasiswa, oleh karena itu penelitian ini dilatarbelakangi oleh maraknya praktik jasa joki tugas akademik yang saat ini banyak tersedia melalui media sosial. Penelitian ini bertujuan untuk menganalisis konsekuensi yang diterima bagi penyedia dan pengguna dari adanya praktik jasa joki tugas, dan mengetahui status akad dari adanya praktik tersebut yang ditinjau melalui hadis Riwayat Bukhari. Penelitian ini menggunakan metode pendekatan kualitatif secara deskriptif analitis dengan studi kepustakaan (Library Research) sebagai jenis penelitianya. Penelitian ini menyimpulkan bahwa akad yang timbul dari praktik jasa joki tugas ini adalah akad ijarah. Namun, penggunaan objek akad dari praktik jasa joki tugas ditujukan dengan memuat unsur kebohongan dan kecurangan akademik yang tentu menyalahi ketentuan sah dari salah satu konsep akad. sehingga dalam hukum Islam tidak dibenarkan. Penyedia dan pengguna jasa joki tugas sama-sama memperoleh hasil yang tidak baik, oleh karena itu sikap tanggung jawab dan kesadaran akan konsekuensi yang akan diterima merupakan solusi dari adanya praktik jasa joki tugas ini.
Jual Beli Online Dengan Barang Cacat Ditinjau Dari Hr. Ibnu Majah No. 2246 Dan Ahmad No. 17487 Serta Pasal 65 Ayat 2 UU No. 7 Tahun 2014
Sabila, Kanisa;
Arifin, Tajul
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 3 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar
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DOI: 10.55606/birokrasi.v2i3.1293
This study explores the Islamic legal perspectives on online trading of defective goods, considering hadiths, laws, and comparisons with positive law, in the context of the increasing electronic commerce in the modern world. Findings highlight the seller's obligation to transparency and responsibility for defective goods, as well as the rights of buyers, providing a basis for practical recommendations including enhancing information transparency, forming policy based on Sharia principles, educating business operators and consumers, developing dispute resolution mechanisms in accordance with Islamic law, and implementing technology to improve transparency and compliance. Thus, it is hoped that consumer protection in the context of online trading can be enhanced in line with the moral and ethical principles of Islam, which in turn will support the sustainable development of electronic commerce
Peran Wanita Karir Dalam Pendidikan Anak Menurut Hadits Dan Konstitusi
Ramania, Restu;
Arifin, Tajul
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 3 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar
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DOI: 10.55606/birokrasi.v2i3.1294
This journal aims to understand the role of career women in children's education based on hadith and constitutional perspectives. The method used is literature study, namely data collection by finding sources from various books, reviewing, and processing them. The results showed that the hadith and the constitution have similar views in viewing the role of career women in children's education. The hadith emphasizes the mother's responsibility in caring for and educating children, but does not prohibit women from working. The constitution guarantees women's right to work and education, and ensures that children's rights to education and care are fulfilled. In conclusion, the role of career women in children's education is not contrary to Islamic teachings and positive law in Indonesia. Career women can play an active role in educating children while still paying attention to the needs and rights of children.
Persepsi dan Perilaku Masyarakat terhadap Lembaga Keuangan Syariah: Perspektif Sosiologi dan Antropologi
Lidzikrirrofiqi, Muhammad Rifqi;
Arifin, Tajul;
Abdal, Abdal
Strata Social and Humanities Studies Vol. 1 No. 2 (2023): October
Publisher : CV. Strata Persada Academia
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DOI: 10.59631/sshs.v1i2.120
This research analyzes how society views and behaves towards Islamic financial products from a sociological and anthropological perspective, which is a hot topic. The Sharia Finance Industry is at the core of the global financial map with the characteristics of Islamic moral and ethical principles. The author uses qualitative methods with in-depth interviews, participant observation, and content analysis of narratives of users of Islamic financial products used in this research's qualitative methodology with sociological and anthropological approaches. The results of this research highlight how social, cultural and religious factors shape people's perceptions and behavior towards Islamic financial products. In this context, the findings show that the level of religious understanding influences positive views towards Islamic finance. Apart from that, people's financial decisions are also influenced by economic stability, social influence from family, and recommendations from their social circle. Cultural factors and the social environment are also the main determinants in the adoption of sharia finance. The implications of this research include the importance of appropriate marketing and financial education that encourages a better understanding of sharia financial principles for the community.
Ihtikar In The Social Frame: A Sociological Analysis Of Economic Dynamics And Their Impact In The Contemporary Contex
Islah Siregar, Muhamad;
Arifin, Tajul;
Abdal, Abdal
Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024
Publisher : Yayasan Mentari Madani
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This research deepens sociological studies of the phenomenon of ihtikar, an economic practice in which individuals or groups hoard goods or resources with the intention of increasing value or prices in the market. Using a sociological approach, this study aims to understand the impact of ihtikar on social structure, conflict, and social interaction in society. Analysis of the distribution of resources in the context of ihtikar reveals the dynamics of power and inequality that may arise within society. Class struggle, as a result of ihtikar, takes center stage to understand how this practice can deepen social inequality. The interconnectedness of ihtikar with social interactions and market dynamics provides deeper insight into how this economic behavior affects relationships between individuals and impacts daily life. economics, and culture to understand ihtikar as a phenomenon involving complex dynamics in society. The results of this study are expected to contribute to our understanding of the role of ihtikar in shaping social structure, conflict, and social interaction, as well as provide a foundation for policy debates and social actions that are more effective in addressing their impacts
Sharia Economic Law in the Perspective of Anthropology and Sociology
Nursyamsudin, Pebriyana;
Arifin, Tajul;
Abdal
Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024
Publisher : Yayasan Mentari Madani
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Anthropology and sociology of Islamic economic law complement each other in understanding this legal phenomenon. Anthropology helps in understanding cultural contexts and traditions, while sociology helps identify the social and structural factors that influence them. The method used in this article is qualitative method, using literature studies whose sources are from books and journals related to the discussion of anthropology and sociology of Islamic economic law. This study opens opportunities to explore the practice, understanding, and social and cultural implications of Islamic economic law, thus enriching moral and ethical insights in Islamic economics more comprehensively. Therefore, this article tries to provide an overview of the Anthropology and Sociology of Islamic Economic Law
Sharia Pawnshops As An Alternative To Meeting Social Needs Sociological Review
Ulya Adila, Hafidah;
Arifin, Tajul;
Abdal, Abdal
Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024
Publisher : Yayasan Mentari Madani
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This research aims to find out how Sharia Pawnshops can be an alternative to meeting social needs, a sociological review. This research uses an empirical approach with descriptive qualitative methods. With the type of research study literature (Library Research). The result of this research is that Pegadaian is a form of non-bank financial institution intended for the wider community with middle to lower income who need funds immediately. These funds are used to finance certain needs. The use of Pegadaian Syariah as an alternative to meeting the needs of the community has a broad impact on various aspects of economic and social life. It assists the community in the fulfillment of their financial needs while adhering to Islamic sharia financial principles. The use of Islamic Pawnshops as an alternative to meeting the needs of the community has a number of significant impacts, including: the use of Islamic pawnshops helps individuals and families in the fulfillment of their financial needs. For SMEs that can use loans and financing, it creates jobs, and contributes to local economic growth. The use of Pegadaian Syariah can have social impacts such as reducing poverty levels, reducing economic inequality, and supporting social stability within communities
Sociology And Anthropology Of Sharia Economic Law Towards Cooperatives
Ridwan, Ahmad;
Arifin, Tajul;
Abdal, Abdal
Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024
Publisher : Yayasan Mentari Madani
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Currently, there are many fields of science that have correlations related to views that can be displayed as a reference. Like sociology, we often know that sociology is concerned with society as a whole. But we can see from the other side such as the sociology of law that the symptoms that occur in society by referring to the rules of law that apply in a region. Sociology is often juxtaposed with anthropology. This type of research uses literature research that takes data through information by obtaining library materials, data techniques that have been obtained by reviewing and analyzing both in the form of books, journals, research results. As well as by using descriptive analysis techniques. Cooperative is a step given by fellow cooperative members to other cooperative members in the context of the welfare of their members. In addition, it is clear that the function of cooperatives is to realize community welfare in order to improve the national economy in accordance with Pancasila and the 1945 constitution. Cooperatives can be seen as a tremendous benefit for their recipients, because cooperatives can touch the lowest layers of society, help, mutual assistance taken by cooperative members indicates that the community cares about each other. When the tremendous blow experienced by cooperatives during Covid-19 made the turnover rate stagnant What is often a problem is the perception that occurs in the community related to cooperatives, often the sociology of anthropology that occurs in the community that in the article Antaranews.com, states that there are still people who are misguided in looking at cooperatives Some people consider cooperatives to be the same as loan sharking businesses that smell of usury. The sociological view of anthropology sees that something that happens in society is caused by a lack of information related to contracts, if the rights and obligations of the parties are fully fulfilled and worked out then the negative related perspective of cooperatives can be eliminated.
Keluarga Berencana Dalam Perspektif Hadis
Sari, Dina Novita;
Arifin, Tajul
El-Ghiroh : Jurnal Studi Keislaman Vol 21 No 1 (2023): Maret 2023
Publisher : Sekolah Tinggi Agama Islam (STAI) Bumi Silampari
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DOI: 10.37092/el-ghiroh.v21i1.396
This research is motivated by the large population in the world which can cause an imbalance because a rapidly growing population can result in a population with poor quality and result in the Earth or the State not providing maximum facilities. However, this program has attracted a lot of controversy in Indonesia because the majority are Muslim and consider this program a refusal of the sustenance given by Allah SWT. The purpose of this study is to find out this program from the perspective of Hadith, where Hadith is used as a source of law in Islam but the purpose of Family Planning is to plan for a sufficient number of children and ensure their survival in a family. This research uses descriptive analytical method and applies a qualitative approach, as well as various relevant references as data sources. Data were collected using literature study techniques and then analyzed using content analysis techniques. The results of this study indicate that family planning in the perspective of hadith is allowed but with clear and strong reasons, some hadith scholars also allow it, some do not allow it for various reasons. Further discussion will be presented in this journal.