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KEDUDUKAN KORBAN PENYERANGAN PERKELAHIAN MASSAL MENURUT PASAL 358 KUHP Abd. Manab; Taufik; Achmad Toifur
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.42

Abstract

Crime is part of human problems in everyday life. Therefore, it is necessary to provide limits on what is meant by the crime itself, only then can other elements related to the crime be discussed, for example who did it, the causes and so on. Juvenile delinquency is a symptom of delinquency in the form of fights between masses or between groups and between schools that have occurred in recent years.The purpose of writing this journal is to find out how the position of victims of mass brawl assaults according to Article 358 of the Criminal Code and to find out what factors cause mass fights to occur and preventive actions that can be taken to anticipate this.Victims Involved in Mass Fights Become Criminal Actors According to Article 358 of the Criminal Code, this article in the case of a fight or attack carried out by several people (more than 2), where there is a result of people being seriously injured or dead, but it can be known who from the crowd that had seriously injured or killed the person. If the fight does not result in serious injury or death, the person cannot be subject to this article. If in a fight or attack it can be proven (known) who the people are besides being prosecuted according to this article, provisions regarding the persecution or murder that he committed and the people are forced to take part in the fight or attack to separate or protect Weak groups cannot be said to "participate in fights or attacks" and are not subject to this article.
HAK DAN KEWAJIBAN SUAMI ISTRI DALAM AL-QUR’AN Taufik; Ubaidillah Al-Jazili; Fini Krisanti
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.47

Abstract

Discrimination against women from the beginning of the first millennium until entering the third millennium era is still happening, especially against wives in the household. The teaching of Islam brought by the Prophet Muhammad SAW in the 7th century has had a major impact on women for the elevation of their status and dignity, where before the arrival of Islam, the Arab Jahiliyah society treated women like animals. In the 20th century, precisely after the second world war, international attention began to be focused on acts of discrimination against women which were considered inhumane. Islam also pays great attention to the survival of women's lives, with marriage between men and women being prescribed. So that later women can be protected and guarded so that later a harmonious life is created. One way to build and maintain life as referred to in the first paragraph is to fulfill the rights and obligations between each member in the household. Household harmony is impossible to achieve without awareness and concern in carrying out obligations to realize the rights of their partners. If there is an imbalance where rights are emphasized or wider than obligations, or vice versa, it will undoubtedly create injustice. This type of research is Library Research which requires qualitative data and is processed descriptively - analytically with the content analysis method. The results showed that the obligations of husbands as well as the rights of wives according to the Qur'an are first, providing nafkah, nafkah must indeed be adjusted to the standards prevailing in a society, not minimal and not excessive in accordance with the husband's ability and nafkah should be given according to needs. Second, a proper place to live or home for the right of the wife, which is the responsibility of the husband. Third, a husband is obliged to treat and associate with his wife in a good way. Fourth, the husband is obliged to give dowry to his wife voluntarily accompanied by love and affection without expecting anything in return.
PERNIKAHAN MELANGGAR MASA IDDAH DI TINJAU DARI PERSEPEKTIF HUKUM ISLAM DAN HUKUM POSITIf Muhammad Heru Hresnawanza; Taufik
ASA Vol 5 No 2 (2023): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i2.73

Abstract

Marriage is a sunnah of the prophet that even if it is not recommended, humans in their nature will do marriage themselves. However, keep in mind that every time there is a meeting there must be a separation as well as marriage. So that if there has been a divorce then a woman carries out the iddah time but there are many incidents that do not do that rule so that it needs to be discussed by researchers. This research is a type of field research (field reseach) using qualitative methods. The types and sources of data used are primary data and secondary data, data collection techniques using observation, interviews and documentation. The results of this study are that a woman who has divorced her husband and carried out the iddah period, there are rules that must be avoided by the woman, including not being allowed to remarry, using perfume, and wearing clothes that can cause fitnah.