Claim Missing Document
Check
Articles

Found 23 Documents
Search

Konsep Perlindungan Anak dalam Pemenuhan Hak-Hak Anak Perspektif Hukum Positif dan Hukum Perdata Islam Azhar Nur Mawaddah Gulo; Faisar Ananda
Ahlana: Jurnal Hukum dan Hukum Keluarga Islam Vol 3, No 1 (2026): Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v1i1.30461

Abstract

Child protection in Indonesia is increasingly important, along with the increasing cases of domestic violence, exploitation, and post-divorce custody disputes, which often harm children due to conflicting parental interests. Although Indonesia has regulations such as the Child Protection Law, there is still a significant gap between positive legal norms that tend to be oriented towards worldly aspects and Islamic values, which include spiritual dimensions and the afterlife. This study aims to examine in depth the child protection instruments in Islamic civil law as a comprehensive value foundation, and compare them with the provisions of positive Indonesian law. This study uses a qualitative approach with a normative-theoretical literature study approach where data is obtained from authoritative religious texts, state laws and regulations, and secondary legal literature, which are then analyzed using descriptive-analytical analysis methods. The study shows that Islam prioritizes comprehensive child protection from the time of conception until reaching the age of tamyiz through the fulfillment of basic rights, which include the right to life, recognition of lineage, care (hadhanah), maintenance, and livelihood. All these rights are integrated as part of the main objectives of sharia (maqāṣid al-syarī'ah), especially in protecting the soul (ḥifẓ al-nafs) and protecting offspring (ḥifẓ al-nasl). The conclusion of this article emphasizes that child protection in Islamic civil law is a comprehensive instrument because it combines material and spiritual aspects. and positive state law is crucial for strengthening the moral foundation to ensure the overall well-being of children in the future.
Islamic spiritual entrepreneurship-based management and its influence on madrasah management sustainability Muhammad Sadri; Faisar Ananda; Saparuddin Siregar
Jurnal Indovisi Vol. 7 No. 1 (2025): Jurnal Indovisi
Publisher : Indonesian Indovisi Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32698/19071708

Abstract

Madrasahs in Langkat Regency continue to face various institutional management challenges that affect their effectiveness and sustainability. The main problems lie in weak managerial functions and the suboptimal integration of spiritual values into madrasah management practices. This study aims to analyze the influence of Islamic Spiritual Entrepreneurship based management on madrasah governance. The research focuses on examining the contributions of Islamic values, the concept of work as worship, orientation toward the blessings of Allah SWT, honest behavior, and gratitude behavior to madrasah management. The study involved 300 madrasah administrators in Langkat Regency, including principals, teachers, and administrative staff. Data were collected through closed-ended questionnaires and limited interviews and were subsequently analyzed using structural modeling to examine the relationships among variables simultaneously. The findings indicate that honest behavior, the concept of work as worship, and orientation toward the blessings of Allah SWT have a positive and significant effect on madrasah management, whereas normative Islamic values and gratitude behavior do not show a significant influence. These results imply the importance of strengthening operational spiritual values that are internalized in managerial practices to support the sustainability of madrasah management.
Digital Assets in Indonesian Islamic Family Law: The Legal Status of Non-Fungible Tokens (NFTs) and Metaverse Virtual Land as Inheritable Property Wiranto; Faisar Ananda; Heri Firmansyah
SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Vol. 5 No. 4 (2026): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Agustus 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/seikat.v5i4.3825

Abstract

The rapid development of blockchain technology has introduced new forms of digital assets, including Non-Fungible Tokens (NFTs) and metaverse virtual land, creating legal uncertainty regarding their status as inheritable property under Indonesian Islamic Family Law. This study examines the legal status of these digital assets as inheritance objects, analyzes their distribution based on fiqh al-mawārīth and Indonesian positive law, and proposes a legal framework to strengthen legal certainty in digital inheritance. This research employs a normative legal method using statutory, conceptual, and Islamic jurisprudential approaches. Legal materials were analyzed through descriptive and deductive legal reasoning. The findings demonstrate that NFTs and metaverse virtual land satisfy the Islamic legal characteristics of māl because they possess lawful ownership, measurable economic value, legal control, and transferability, thereby qualifying as al-tirkah (inheritance estate). Their distribution should follow the principles of fiqh al-mawārīth while accommodating the technical characteristics of blockchain-based assets, particularly digital wallets and private-key access. The study also identifies a regulatory gap in Indonesian positive law concerning digital asset inheritance. Unlike previous studies that primarily discuss digital assets from commercial or general legal perspectives, this research develops an integrated framework combining Islamic inheritance law, Indonesian positive law, and digital estate planning to strengthen legal certainty, protect heirs' rights, and contribute to the development of Islamic Family Law in the digital era.