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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Risalah Addariyah : Studi Ilmu-Ilmu Keislaman, Pendidikan dan Sosial Kemasyarakatan
Suharna
STAI DDI Mangkoso
Law, Crime, Criminology & Criminal Justice

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Consequences of a Smoker's Husband in the Dimension of Household Harmony Perspective of Islamic Law Nurchaliq Chaliq Majid; Anna Rahma Syam; Suharna Arna Ismail
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 8, No 2 (2023)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v8i2.4448

Abstract

Smoking habit can also affect the harmony of a family. This paper presents how Islam views the consequences of a smoking husband to the marital harmony. This qualitative research was performed using Phenomenological and No rmative Descriptive approach. The Phenomenological approach allowed for the discovery of facts about social phenomena in society, while the Normative Descriptive approach resulted in legal conclusions regarding the phenomena identified using the previous approach. In this research, wives who participated as samples did not found their marital harmony significantly affected by the cigarette smoke and they were not bothered to end the marriage due to it. Seen from another perspective, only fate can end a marriage, not cigarette smoke. In the context of Islamic Law, while some scholars may permit it, the majority of scholars prohibit smoking based on several verses in the Qur'an 
TANGGUNG JAWAB PERDATA DOKTER DALAM MALPRAKTIK DITINJAU DALAM PERSFEKTIF HUKUM ISLAM Suharna
Jurnal Risalah Addariyah: Studi Ilmu-Ilmu Keislaman, Pendidikan dan Sosial Kemasyarakatan Vol 8 No 1 (2022): Jurnal Risalah Addariyah : Studi Ilmu-Ilmu Keislaman, Pendidikan dan Sosial Kemas
Publisher : IAI DDI Mangkoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56324/jariyah.v8i1.62

Abstract

The purpose of this study is to determine the nature of the doctor's civil responsibility in malpractice and the sociological aspects of legal responsibility in medical malpractice. This research is classified as descriptive qualitative. the researcher uses a sociological and syar'i approach, data is collected by quoting and analyzing using content analysis of literature or books that have relevance to the problems discussed and the opinions of jurists (Islamic jurists) then review and conclude. The results of this study indicate that the nature of the doctor's responsibility in malpractice to his patients is very risky and the medical profession must have high accuracy in its services to its patients. High accuracy in the medical profession indicates that the medical profession is full of risks. So not infrequently a doctor is often considered to have committed a crime or negligence in his actions which is often called medical malpractice, the ignorance of the community in distinguishing between malpractice, accident and negligence in medical action. The doctor-patient relationship is a legal relationship in a legal engagement. Legal engagement is a bond between two or more legal subjects to do something or not to do something or to give something article 1313 in conjunction with article 1234 burgerlijk wetboek in short BW which is called achievement. So based on the provisions of the law, there are three kinds of achievements, namely a legal obligation of one party to the other or vice versa the legal subject who makes the engagement. Reciprocal legal engagements always burden each other with obligations, in addition to giving birth to rights on each party. The obligation to provide achievements for one party (the debtor) becomes the right to receive achievements on the other party (the creditor). And vice versa.
Co-Authors Anna Rahma Syam Nurchaliq Chaliq Majid