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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Jurnal Kajian Hukum dan Sosial
Seva Maya Sari
UIN Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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RELASI AGAMA DAN NEGARA PERSPEKTIF AL-MAWARDI RELEVANSINYA DI INDONESIA Toguan Rambe; Seva Maya Sari
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 1 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v7i1.3834

Abstract

Discourses on issues of religion and state have attracted the attention of many Muslim scholars and are always interesting to study. This is because in Islam it is not explicitly explained. One of the highlights of this problem is Al Mawardi. Al Mawardi's political theories are considered to be relevant and provide sub-sanctions to regulate obedience. Indonesia, which involved religion in its establishment, is certainly very interesting when viewed from the theory put forward by Al Mawardi regarding the relationship between religion and state. The purpose of this study is to see the relevance of Al Mawardi's theory regarding the relationship between religion and state in Indonesia. The method used in this research is descriptive analytical with a non-interactive qualitative approach, namely the main data source is the book Al Ahkam Sulthaniyyah by Al Mawardi by looking at the relationship between religion and the state of Indonesia. The results of this study indicate that the relationship between religion and state as stated by Al Mawardi has relevance to the situation in Indonesia, although it is not entirely the same as that stated by Al Mawardi, at least with the accommodative attitude of the Indonesian government towards religion. Of course this can show the goodwill of the state in relation to religion. This finding can certainly add to the wealth of Islam in the state, so as to create a hearmonization of good relations between religion and state.
Penindakan terhadap Pengemis Perspektif Yusuf Al Qaradhawi (Analisis Pasal 504 KUHP tentang Perbuatan Mengemis di Muka Umum) Seva Maya Sari
Justicia Islamica Vol 13 No 2 (2016)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v13i2.586

Abstract

This study aims to analyze and examine in depth the prosecution of beggars from the perspective of Yusuf Al Qaradhawi (analysis of article 504 of the Criminal Code on begging in public). This study is directed at library research with the primary data sources of the Criminal Code and Yusuf Al Qaradhawi's Musykilah al Faqr wa kaifa alajaha al Islam along with secondary data sources through literature review relevant to the problem under study. After the data has been collected and analyzed. Then the research results are obtained as follows: First, the activity of begging is qualified as a criminal offense in the field of public order as clearly regulated in Article 504 of the Criminal Code. This provision emphasizes that begging that can be subject to criminal sanctions is only begging carried out in public places. Second, Al Qaradhawi has a different view from the Criminal Code in taking action against beggars. The action is based on distinguishing the types of beggars, some are allowed and some are forbidden to beg. And he also suggests each way of overcoming it, for beggars who are forbidden, the authorities may give ta'zir, and for beggars who are allowed, the ways that can be taken include empowering zakat, infaq and alms properly and helping them get a job. Third, Al Qaradhawi's concept in taking action against beggars is in accordance with the complex needs of Indonesian society, so that the prospect of the future this concept can be made a reference in the reform of criminal law regarding action against beggars, because the problem of begging is increasingly complex and poverty is still a dominant factor that encourages begging.
Co-Authors Rambe, Toguan