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Komparasi Hukuman Pidana Masyarakat Pinggiran dalam Perspektif Hukum Positif dan Hukum Islam Sapri Ali
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 5 No 1 (2019): EL-FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (813.284 KB) | DOI: 10.29062/faqih.v5i1.7

Abstract

Abstract Islamic law strongly holds the principles of fairness in deciding a case. As the author described above that the person who stole because of compulsion or for fulfilling his life there is no punishment for him. Because the above cases are small cases that befall the people whose notables are not economically capable. Then what should be done to those fringe peoples? In the context of Islam, if they can not meet the daily needs (needs to eat or continue to live) then they will be dependent on the Baitul Maal or other languages that are responsible for themselves by following article 34 UUD 45 is poor and the displaced children are maintained by the state. This article will present a point of view on some criminal cases above from two different laws, namely Islamic law and the law in Indonesia.
PENGABAIAN ORANG TUA DALAM DUNIA DIGITAL ANAK: IMPLIKASI TERHADAP HAK ASUH MENURUT HUKUM ISLAM Sapri Ali; Nalita Hajar Aswad
Salimiya: Jurnal Studi Ilmu Keagamaan Islam Vol. 6 No. 4 (2025): Salimiya
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian kepada Masyarakat (LP3M) IAIFA Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Digitalization brings changes in childcare, especially media and technology sources, as more and more parents allow their children to be stimulated by the presence of a shared position with the adopted position of children at various moral, social, and spiritual levels. This is a form of legal neglect of the executive parent and in the perspective of Islamic law is defined in terms of the mandate of care (ḥaḍānah). The purpose of this study is to express and detail the same problem, as well as convey information and scientific issues and opinions regarding the position of the digital world on children in this study using various library research methods and theological-normative, psychological, and sociological approaches and the rules of the Qur'an, hadith, classical books (yellow books) and Law No. 35 of 2014 concerning Child Protection, issued. This is assessed internally and externally. Digital consumption without parental supervision can influence the emergence of deviant behavior leading to vulgarity, online game addiction and disrespect towards parents. From an Islamic perspective, parents not only "own" their children physically, but also their faith, morals, and character. Therefore, minimal parental supervision of children's digital sites and applications can be considered a serious violation of legal custody. Furthermore, this study aims to raise parents' awareness of their potential educational and preventive role in the digital world, based on Islamic values, as a solution. This study is not intended to blame parents, but to reawaken collective awareness that raising children is not only about providing food and shelter, but also about guiding their minds, protecting their morals, and accompanying their souls, even in the virtual world. The digital world can be a blessing, but it can also be a disaster. Everything depends on the extent to which parents are present as teachers, protectors, and role models, both in real life and online. If neglect continues, not only will children's futures be threatened, but also the divine trust entrusted to them. Therefore, this journal invites all readers, especially parents, educators, and policymakers, to collectively return to the essence of Islamic parenting: parenting that is full of values, based on sharia law, and filled with responsible love. Because in this digital age, love alone is not enough; it requires direction, control, and meaningful presence.