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All Journal Islam Futura Jurnal Penelitian Hukum De Jure
Marah Halim
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Religion Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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EKSISTENSI WILAYATUL HISBAH DALAM SISTEM PEMERINTAHAN ISLAM Marah Halim
Islam Futura Vol 10, No 2 (2011): Jurnal Ilmiah Islam Futura
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jiif.v10i2.45

Abstract

This study tries to elaborate existense of Wilayatul Hisbah in Islamic governance system since the Prophet period to date. Description about it obtained from studying the process chrystalization of hisbah by Classic Islam scholars and its institutionalization in Islamic governance system. By using historic-descriptive approach to the existing bibliographical data, obtained a onclusion that hisbah "do not be eliminated" from Islamic governance because it represents the personification of Islamic ethic itself. Along with decrease of Islami influence, the concept also decreased.
Penundukan Diri Non-Muslim dalam Qanun Jinayat Aceh: Penyimpangan atau Pengembangan Asas Hukum Pidana? Mohd. Din; Ali Abubakar; Marah Halim
Jurnal Penelitian Hukum De Jure Vol 23, No 3 (2023): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.313-324

Abstract

This article aims to provide legal logic for the permissibility of choosing criminal law for non-Muslims who commit criminal acts regulated in the Aceh Qanun Jinayat based on one of the legal principles raised (endorsement) as the basis for establishing norms in the qanun in question, namely the principle of submission which is actually not recognized in criminal law. The research data are several decisions of the Syar’iyah Court in Aceh against violations of the Qanun Jinayat committed by non-Muslims. It is assumed that the decisionis a shift in the principles of criminal law. This problem will be analyzed by observing the basic principles of criminal law, including the principles of the application of criminal law and the politics of criminal law. The results of the study showed that from the point of view of the principles of criminal law which is a compelling law, this submission is a deviation, but from a legal-political perspective, because the birth of permissible provisions in qanuns is a political process, where the demand to apply Islamic Sharia which basically only applies to Muslims, then as a softening of the territorial principle non-Muslims are allowed to vote.
Co-Authors Ali Abubakar Mohd. Din