Sa’adal Jannah
Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia

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Pemutusan Hubungan Kerja oleh Pihak Perusahaan dalam Pandangan Majelis Ulama Indonesia (Studi Analisis Fatwa MUI No. 149/DSN/VI/2022) Lisa Dwina Fitri; Fauziah Ramdani; Sa’adal Jannah
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 4 (2023): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v2i4.1042

Abstract

This study aims to find out the considerations and decisions of the Indonesian Ulema Council (MUI) in legal matters regarding the provision of insurance to employees who have been laid off due to a bankrupt company. This research uses descriptive-qualitative research that focuses on manuscript and text studies. The results of the research found are as follows: first, the law of layoff insurance products due to bankruptcy companies is permissible as long as the insurance provided follows the provisions set by the MUI and does not violate the principles of sharia insurance. Second, the Indonesian Ulema Council (MUI) in compiling and establishing fatwa number 149 of 2022 uses the istiṣlāh or maslahah al-mursalah method. This determination is in accordance with the objectives of maqāṣid al-syarῑ'ah. In insurance, the maqāṣid al-syarῑ'ah of the permissibility of an insurance contract include maintaining religion where the implementation of sharia insurance must be in accordance with sharia principles, protecting the life of the insurance participant taking care of himself and his family if one day he is laid off and unable to meet his needs, insurance the sharia that he does is part of guarding the soul, guarding the mind, which can be seen from sharia insurance helping insurance participants in controlling their desires from carrying out insurance contracts that are not in accordance with Islamic law, protecting assets, namely by the existence of the principle of sharia insurance by prohibiting usury in This insurance is part of protecting assets, protecting offspring, namely by maintaining religion, soul, mind, and assets, the insurance that applies can be ensured that it is halal for him to give to his family.
Analisis Hukum Islam terhadap Rancangan Undang-Undang Kitab Undang-Undang Hukum Pidana Pasal 479 Tentang Pemerkosaan dalam Pernikahan Sitti Qadryani; Qadriani Arifuddin; Sa’adal Jannah; Risdayani Idris
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 5 (2023): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v2i5.1117

Abstract

This research aims to find out rape in marriage based on the draft criminal law code article 479, Islamic law analysis of article 479 of the draft criminal code law on rape in marriage. The type of research used in this research is descriptive qualitative, while the data collection method used is library research. The data analysis technique used is a normative conceptual and juridical approach. The results of the research show that marital rape is based on the draft Criminal Code Article 479, namely anyone who, by force or threat of violence, forces someone to have sexual intercourse with them. Islamic law analysis of article 479 of the draft law on criminal law regarding rape in marriage is contrary to Islamic law, this is referred to in nushūz, namely abandoning obligations as husband or wife, if there is no sharia reason, and husband and wife should behave well. each other, and do not commit acts that could threaten the soul. Islamic criminal law states that perpetrators can receive kisas or diat. The implication of this research is that, with the existence of the Draft Criminal Code Article 479, it is hoped that society, especially married couples, will be more careful in their actions, should respect each other and understand each other's conditions, so that there are no problems that can cause mental or physical violence, because apart from This is not in accordance with Islamic law, this has also become the government's concern so that the perpetrators can be sentenced to 12 years in prison.