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All Journal Mazahibuna: Jurnal Perbandingan Mazhab Journal of Sharia Economics Muqaranah
Fikri, Ikhwan
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Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Muqaranah

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Tinjauan Hukum Pidana Islam dan Pasal 44 Kitab Undang-undang Hukum Pidana Terhadap Pelaku Pencurian Pengidap Kleptomania (Studi Putusan Nomor : 32/Pid.B/2018/PN.Kpg) Fikri, Ikhwan; Fathimah, Ema; Tiara, Bunga Putri
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.v7i2.19553

Abstract

One of the cases that needs to be anticipated and followed up in criminal cases is theft, which often disturbs the public. An example is the case of a criminal act of theft committed by a kleptomania sufferer by a housewife who lives in Kupang City in 2017. This research discusses the analysis of jinayah fiqh or Islamic criminal law and positive law on the application of criminal sanctions for theft based on KUPANG District Court Decision Number 32/Pid.B/2018/PN Kpg. The research method used by researchers is a normative research method which is carried out by examining laws and regulations that are directly related to the crime of theft. The results of the research that have been studied by researchers are that according to article 44 paragraph of the Criminal Code concerning the responsibility of perpetrators of criminal acts of theft who experience mental disabilities such as sufferers of kleptomania, the judge has the authority to decide on an order and send the perpetrator of the crime to a mental hospital for the longest possible time. one year, while the crime of theft by a person suffering from kleptomania according to Islamic law is not subject to a had sentence but rather a ta'zir punishment as ta'dib or teaching in the form of a rehabilitation sentence and a fine which is accountable to the victim.
DETERMINING CHILDHOOD THROUGH DNA TESTING ACCORDING TO NAHDLATUL ULAMA AND FATWA DARUL IFTA EGYPT Lukito, Bagas; Hadi, Sutrisno; Fikri, Ikhwan
Muqaranah Vol 9 No 2 (2025): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v9i2.30423

Abstract

Nasab is one of the most important things in Islam, as it relates to one's rights and obligations in life. With the development of increasingly modern technology, DNA (Deoxyribo Nucleic Acid) tests can now be used as a tool to scientifically determine a child's nasab. The research method used is library research with a qualitative approach. Primary data was obtained from the decision of the XXXI Nahdlatul Ulama Congress and the fatwa of Darul Ifta Egypt, while secondary data was obtained from other sources relevant to the topic of this research, such as books, journals, and articles. The results showed that Nahdlatul Ulama through its decision; can deny ilhaq al-Nasab, but not necessarily be able to determine ilhaq al-Nasab, Meanwhile, Darul Ifta Egypt in its fatwa stated that the use of DNA tests allows for the determination of the child's lineage to be accepted in Islam in certain situations where there is no other way to establish lineage with sufficient confidence. DNA testing should be used as an objective and scientific tool to confirm family relationships with prudence, in establishing lineage as a solution when it is impossible or difficult to establish lineage by traditional or conventional means. This research is expected to contribute to understanding the views of Nahdlatul Ulama and Darul Ifta Egypt regarding the determination of children's nasab through DNA testing, and can be a reference for further research related to this topic. Keywords: Nasab; DNA; NU; Fatwa Darul Ifta.
Co-Authors Fathimah, Ema Holijah Lukito, Bagas Makhfud Syawaludin Subroto, Muhammad Al Kautsar Sutrisno Hadi, Sutrisno Tiara, Bunga Putri