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All Journal Demak Universal Journal of Islam and Sharia Solo International Collaboration and Publication of Social Sciences and Humanities Profetika: Jurnal Studi Islam
Mahmoud Saleh Mubarak Bin Humaid
Al-Ahgaff University, Mukalla, Hadhramaut
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Premeditated Murder in the Modern Era Comparative Study of Perspectives on Islamic Law and the Criminal Code Tina Oktatianti; Mahmoud Saleh Mubarak Bin Humaid; Rozi Irfan Rosyadi; Ahmadi Abdul Adzim; Muthoifin
Solo International Collaboration and Publication of Social Sciences and Humanities Vol. 1 No. 01 (2023): Solo International Collaboration and Publication of Social Sciences and Humani
Publisher : Walidem Institute and Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (786.26 KB) | DOI: 10.61455/sicopus.v1i01.28

Abstract

This study tries to 1) identify the elements that lead murderers to plan their crimes, and 2) understand those elements. The judge's factors to consider when determining murder cases with intent to kill, 3). Comparing the Criminal Code with Islamic law's definition of premeditated murder. To gather data for this study, a library research technique known as a normative juridical approach to literature evaluation was used. The Criminal Code, followed by the Koran, Hadith, and translations into Indonesian, as well as relevant scholarly works, books, and articles, served as the source for legal information. The study's findings led to the conclusion that Indonesian law's Criminal Code Articles 338–350 govern the crime of murder. In the Criminal Code, premeditated murder is defined as a purposeful killing, whereas in Islamic criminal law, the victim's life is the first thing that is intended to be taken. According to Article 340 of the Criminal Code, the perpetrator of a premeditated murder may be sentenced to life in prison by a jury of judges. Whereas in Islamic criminal law, as mentioned in QS. Al-Maidah verse 45 and Hadith, the perpetrator's acts might result in a death sentence (Qishash) for committing purposeful murder.
IMPLEMENTATION OF USHUL FIQH AS A LEGAL BASIS FOR SOLVING SHARIA-BASED ECONOMIC PROBLEMS Choiriyah; Saprida; Dwi Noviani; Imamul Arifin; Mahmoud Saleh Mubarak Bin Humaid
Profetika: Jurnal Studi Islam Vol. 25 No. 01 (2024): Profetika Jurnal Studi Islam 2024
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/profetika.v25i01.4127

Abstract

The purpose of this study is how models of the application of Usul Fiqh are used as a basic source for solving Sharia-based economic problems. Where Usul Fiqh has always been considered an essential discipline for Muslims, it lies in its position that it can easily understand modern economic laws that are not covered by other sciences. In addition, the science of Fiqh Ushul is considered to help understand and solve problems surrounding furu'iyah or fiqhiyyah that continue to develop from time to time and from various uncertain situations and conditions. The method used in this study is qualitative, with a normative approach and analytical content. The primary source of this research is text documents related to this theme. The results of the study concluded that Ushul Fiqh is considered to be a solution to legitimize and provide support for the law regarding every economic activity in every field of the transaction (muamalah), as long as it adheres to the basic principles of law, namely not violating the text and maqhasid al-Sharia.
Ethics of Buying and Selling Online Sharia Economic Perspective: Study of the Concept of Iqâlah Nurul Hakim; Barakat Muhammad Ahmad Muhammad Hamad Al-Nil; Mahmoud Saleh Mubarak Bin Humaid
Demak Universal Journal of Islam and Sharia Vol. 1 No. 01 (2023): Demak Universal Journal of Islam and Sharia
Publisher : Walidem Institute and Publishing (WIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.653 KB) | DOI: 10.61455/deujis.v1i01.22

Abstract

This study aims to analyze the hadith regarding Iqâlah or cancellation of trading transactions, especially in online platforms. In addition, this theme is also side by side with the discussion of khiyâr, or the right to choose between buying and selling which is part of the ethics of sharia trading. The other goal is to be able to provide a right understanding of the concept and law of Iqâlah to the performers in economic activity by analyzing related hadiths and the concept of khiyâr, thereby minimizing the occurrence of harm and losses due to the cancellation of trading transactions that are not by the rules and norms of Shari'a. The methodology used in this research is qualitative, in the form of literature research by analyzing related data as reading materials. In this study, the authors found that Iqâlah is permissible and even some scholars say that the law is Sunnah. In addition, there must be an understanding between the seller and the buyer regarding the correct concept of Iqâlah and Khiyâr so that benefit is achieved between the two parties. The results of the study show that Iqâlah is permissible as long as it is based on the normative values ​​of the Koran and Sunnah and can be considered an act of breaking a promise if it is done unilaterally and does not comply with the ethics of shariah trading.
Co-Authors Ahmadi Abdul Adzim Barakat Muhammad Ahmad Muhammad Hamad Al-Nil Choiriyah Dwi Noviani Imamul Arifin Muthoifin Nurul Hakim Rozi Irfan Rosyadi Saprida Tina Oktatianti