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Signifikansi Hadis Riwayat Dalam Menangani Konten Negatif Di Media Sosial Azmi Fauziah Suanda; Tajul Arifin
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 4 No. 2 (2024): Juni : Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v4i2.3576

Abstract

In the digital era filled with social media, the spread of negative content has become a phenomenon threatening the integrity and security of the digital environment. This paper outlines the impact and challenges of disseminating negative content and reviews efforts to address it from the perspectives of Islamic law and positive law, emphasizing the importance of the hadith of Prophet Muhammad (peace be upon him) stating, "Verily, among the signs of a person's goodness in Islam is that he leaves what does not concern him" (Narrated by Tirmidhi). From the perspective of Islamic law, Muslims are invited to live their digital lives with integrity, morality, and awareness of their moral responsibilities. Principles such as selectivity in content consumption, guarding the purity of the heart, and spreading goodness serve as the foundation for Muslims in using social media. Meanwhile, positive law provides a framework for regulating the use of social media, including addressing the spread of negative content. Through strict regulations and effective law enforcement, it is hoped that a safe and positive online environment can be created for all users. Thus, addressing the phenomenon of negative content dissemination on social media requires a holistic approach that combines religious values, moral principles, and legal regulations, with the hadith of Prophet Muhammad serving as the main pillar in leading a dignified and beneficial digital life for all individuals.
Analisis Kasus Pencurian Menurut Pasal 362 KUHP Dan Hadist Bukhari No. 6285 Dalva Aulia Apandi; Tajul Arifin
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 4 No. 2 (2024): Juni : Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v4i2.3577

Abstract

This research aims to analyze cases of theft based on Article 362 of the Criminal Code and Hadith Bukhari no. 6285. The research method used is qualitative with case studies. Data was collected through literature studies and analysis of court decisions related to theft cases. The research results show that Article 362 of the Criminal Code and Hadith Bukhari no. 6285 has similarities and differences in defining and regulating the crime of theft. The similarities lie in the elements of theft, namely taking something that does not belong to you with the intention of possessing it. The difference lies in the sanctions given, where the Criminal Code provides for imprisonment, while Hadith Bukhari no. 6285 sanctions caning. It can be concluded from this research that Article 362 of the Criminal Code and Hadith Bukhari no. 6285 are two different sources of law in regulating the crime of theft. Even though they have similarities and differences, these two sources of law have the same goal, namely to protect property rights and uphold justice.
Khulu: Tinjauan Menurut Hadits Bukhori Dan Pasal 148 KHI Faza Pauzia Hermawan; Tajul Arifin
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2024): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v6i1.912

Abstract

Divorce is a social phenomenon that is quite complex and has various negative impacts for the person concerned, both for husband and wife as well as for children and families. Khulu is a method of divorce in Islam, where the party who proposes to dissolve the marriage bond is the wife. This journal discusses how khulu is regulated in Islam as contained in Bukhori's hadith and is reviewed or compared with how khulu is regulated in the Compilation of Islamic Law article 148. This research aims to analyze iwadh khulu according to Bukhori's hadith and Article 148 of the Compilation of Islamic Law (KHI) in Indonesia. Based on the research results, there is a discrepancy in the amount of iwadh based on the perspective of the Bukhari Hadith and the Compilation of Islamic Law Article 148. There needs to be a re-examination regarding this because the khulu' that occurred in the past and now have quite different causes. In contemporary cases, khulu often occurs as a result of poverty, the lack of physical and spiritual support. Iwadh based on the Bukhari Hadith is the return of the dowry received by the wife. Meanwhile, in the Compilation of Islamic Law, the amount of iwadh is the result of an agreement between husband and wife..
Poligami Dalam Perspektif Hadits Bukhari Dan Pasal 3 Ayat (1) UU No. 1 Tahun 1974 Tentang Perkawinan Milda Kurnia Herawati; Tajul Arifin
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2024): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v6i1.913

Abstract

Polygamy is a complex and controversial issue in Islam and law in Indonesia. On the one hand, several Bukhari hadiths touch on polygamy, which some people interpret as a form of divine dispensation. On the other hand, Article 3 paragraph (1) of Law no. 1 of 1974 concerning Marriage firmly adheres to the principle of monogamy. This abstract discusses how polygamy is understood in the Bukhari Hadith and compares it with the principle of monogamy in the Marriage Law. First, this abstract examines Bukhari's hadiths that are relevant to polygamy, taking into account the context and interpretation. Second, this abstract analyzes Article 3 paragraph (1) of the Marriage Law and its relevance to polygamy in the Indonesian social and cultural context. This abstract shows that there are different interpretations of Bukhari's hadiths regarding polygamy. The principle of monogamy in the Marriage Law reflects the values of gender equality and justice in marriage. In-depth and contextual analysis is needed to understand polygamy in Islam and its relevance to law in Indonesia.
Analisis Tindakan Main Hakim Sendiri Menurut Hadits Riwayat Muslim No 2577 Dan Pasal 170 KUHP Faliani Zaliaokta; Tajul Arifin
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 2 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v1i2.910

Abstract

Vigilantism (eigenrichting) occurs because a person or group tries to carry out an act of judgment against someone that is considered guilty without seeing or going through the legal process first. According to criminal law, sanctions for perpetrators of vigilante crimes that result in death are regulated in Article 170 of the Criminal Code with a maximum penalty of 12 years in prison. Meanwhile, in Islamvigilantism is also a despicable thing because Muslims are taught to do tabayyun (seek clarity) first before acting. The act of taking the law into your own hands by committing persecution is an act that is not in accordance with Islamic teachings because persecution is included in unjust actions. Allah Swt said in Hadith No. 2577 from Muslim that acts of injustice, especially against fellow Muslims, are prohibited. The analysis conducted in this journal found that vigilantism is not only prohibited by the state but also by religion. unfortunately, not much attention is given by the community regarding vigilante cases that often occur in Indonesia. Therefore, the main purpose of compiling this journal is none other than as a window to open the minds of the general public who often underestimate vigilantism in Indonesia.
Melukai Orang Karena Membela Diri Dari Kejahatan Menurut Perspektif Hadits Bukhari Dan Pasal 49 KUHP Raenita Aulia Dewi; Tajul Arifin
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 2 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v1i2.911

Abstract

Crime is now rampant and causes fear and worry among the public. Perpetrators of crimes do not know the time and place to carry out their actions. Morning, afternoon, evening and in quiet or busy conditions, crime can occur. As humans, of course we have the instinct to defend ourselves when faced with a condition that puts us at risk. Various efforts are made to defend themselves against crimes, often when victims make resistance efforts to defend their rights or honor, causing the perpetrator to be injured or even killed by the victim. In fact, it is not uncommon for victims to become suspects because they accidentally and are forced to defend themselves, resulting in the loss of the life of the perpetrator of the crime. The purpose of this research is to find out what the perspective of the Bukhari Hadith and Article 49 of the Criminal Code is regarding injuring people because they are defending themselves from crime. This research uses library research methods. The data collection methods used are books, papers or articles, magazines, journals, web (internet) and so on.