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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Al-Muamalat : Jurnal Ekonomi Syariah
Achmad Yasin
Universitas Islam Negeri Sunan Ampel Surabaya
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Akselerasi Locus Delecti dan Tempus Delicti ‎ dalam Nalar Fikih Jinayah Achmad Yasin
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 11 No 1 Juni (2008): Al-Qanun Vol. 11, No. 1, Juni 2008
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (487.84 KB) | DOI: 10.15642/alqanun.2008.11.1 Juni.231-246

Abstract

The purpose of the application of the principle of locus delicti and tempus delicti in the enactment of criminal law is to safeguard the existence and provide the determinacy of law as well as justice for all citizens before the (criminal) law as the implementation of the equality before the law principle. The enforcement of criminal law embraces the principles of national jurisdiction, personal, legal protection and universal. The four principles have to be proportionally implemented with firmness, swiftness. They also have to comply with human rights and are free for intervention of the regime in power. The acceleration of locus delicti and tempus delicti equipped with the four principles is aimed at ensuring certainty of law (rechiszaherheid). In the perspective of Islamic criminal law (fiqh al- jinayah), the application of locus delicti and tempus delicti is fundamental duty in law enforcement which is an implementation of the purpose of Islamic law (maqasid al-shari’ah), which is to realize public welfare (jalb al-masalih) and preventing from harms (daf’ al-mafasid).  The application of locus  delicti and tempus delicti in Islamic law is meticulous, rigid and efficient because historically the Qur’anic verses and Prophetic Traditions on criminal law were revealed and implemented instantly during the prophet was still alive. It is also in line with the basis of Indonesia as a (rechtsstaats) that implement rule of law so that it considered a nomocracy. Such notion is evidenced with the enforcement of criminal law referring to Criminal Code (KUHPidana), Criminal procedure Code (KUHAPidana) as well as other organic laws.
Blockchain-Based Digital Transaction Security System: Perspective of Imam al-Shāṭibi’s Maqāṣid al-Sharī’ah Concept Achmad Yasin; Arifah Billah
Al-Muamalat: Jurnal Ekonomi Syariah Vol 11, No 2 (2024): July
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v11i2.34379

Abstract

Blockchain is a technological advancement that does not yet have regulatory certainty, especially regarding taxation and its use in certain domains does not fulfill shari’ah provisions. This research is a literature study that explain the benefits of blockchain technology when applied in the Islamic economic sector and analyses it based on maqāṣid al-sharī'ah according to Imam al-Shāṭibi. The method implemented: normative law with a statutory and conceptual approach. Data collection is done through literature research and documentation. This research analyses that the benefits of using blockchain technology in Islamic economics provides various significant advantages for human welfare, so it is considered maṣlahah. Applying this technology to economic activities is a form of jalbu al-maṣālih. Blockchain technology increases the operational ease of digital transactions and provides vigorous wealth protection through tokens generated from digitizing tangible assets. The blockchain application in digital transactions is a form of dar’u al-mafāsid. Analysed from the perspective of Imam al-Shāṭibi’s maqāṣid al-sharī’ah, the blockchain technology efficiency and security for data and information in the digital transaction ledger are included as ḥājiyyah needs. Its use that facilitates cryptocurrency transactions is highlighted as haram because of its destruction of religion due to its prohibition. The protection afforded to real-world asset tokens and their overall usefulness elevates this technology’s status as a ḍarūriyyah min jānibi al-’adam (protection of primary needs from absence).
Co-Authors Arifah Billah