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AN ANALYSIS OF FIQH JINAYAH AND CRIMINAL LAW ON THE LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF OBSCENITY Budiman Budiman; Wirani Aisiyah Anwar; A. Rio Makkulau
Jurnal Al-Dustur Vol 5, No 2 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v5i2.2632

Abstract

The issues raised include the concept of juvenile criminal law from the perspective of fiqh jinayah and positive law, differences in the concept of juvenile crime from the perspective of fiqh jinayah and positive law, the correlation of the concept of juvenile crime to the fiqh perspective and positive law. To study and answer the problem, a multidisciplinary approach is used, namely the normative theological approach (syar'i), juridical/legislative (statue approach), historical (historical approach), sociological (sociological approach), psychology (psychological approach). This research is classified as library research. The results of the study indicate that perpetrators of sexual abuse with child victims, in positive law and fiqh jinayah, sanctions are deterrent so that the perpetrator does not do it again. The laws governing this matter, namely the Republic of Indonesia Law Number 3 of 1997, Law Number 23 of 2002 concerning Child Protection and Law no. 4 of 1979 concerning Child Welfare. In contrast to Islamic law (fiqh), children's perceptions and forms of accountability make criminal acts of children not subject to Uqubah (punishment), but takzir (warning) and ta'dibiyyah (coaching) only. The correlations between the two are: (1) The principle of respect for children. (2) The process of applying punishment for a child who is a criminal act in positive law that is different from a criminal act other than a child. If viewed from the mashlahah rules, giving takzir and ta'dibiyah to children who commit crimes is mashlahah hajiyat (secondary) and mashlahah mulgah.
PEMIKIRAN EKONOMI IBNU QAYYIM TENTANG KONSEP TAS’IR A. Rio Makkulau Wahyu
DIKTUM: Jurnal Syariah dan Hukum Vol 16 No 2 (2018): Diktum: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (583.498 KB) | DOI: 10.35905/diktum.v16i2.620

Abstract

Ibn Qayyim Al-Jauziyyah is an Islamic thinker who examines various issues which are meant in the economic field which are contained in his various works such as; in At-Thuruq Hukmiyah Fi As-Siyasati Asy-Syariyah. This book explains about a guideline of government in set a state policy. Ibnu Qayyim in his book divided pricing policy into 2 kinds those are fair pricing policy and legal and also unfair pricing policy and it is prohibited. This study is conducted by using library research method with the purposes to describe the thoughts of Ibn Qayyim about pricing policy. Analysis result showed that fair pricing policy in market mechanism has been main guidelines in every its transaction. Fair pricing by government is very suggested when the situation in market undergoes disorganisation thus make many bad impacts for trader, this the government’s role as wilayatul hisbah in determining price in market for realising prosperity.
Mediation Guidance In Avoiding Divorce In Parepare City Religious Courts (Islamic Counseling Guidance Perspectives) Nasriah Nasriah; Andi Rio Makkulau; Wirani Aisiyah Anwar
Jurnal Marital: Kajian Hukum Keluarga Islam Vol 1 No 2 (2022): MARITAL: Kajian Hukum Keluarga Islam
Publisher : IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (463.765 KB) | DOI: 10.35905/marital_hki.v1i2.3403

Abstract

The Parepare Religious Court has its own meaning in the Mediation Guide, in the mediation orientation process, the Parepare Religious Court refers to Supreme Court Regulation No.1 2016 regarding mediation procedures. In the mediation orientation process, things are done at the Parepare religious court, such as introduction, explaining the purpose of mediation orientation, calculating the problem, providing advice and finally providing a solution, where the mediator (advisor) provides a solution (management advice) or two parts that provide solution (no management), sometimes also a combination of the two focus techniques. If the success of the mediation guidelines is used as a reference to determine the effectiveness of the mediation orientation program in managing divorce cases, then in the Parepare religious court, mediation is not effective. However, the mediation guidance process has been carried out optimally and maximally. This study uses a qualitative method with a descriptive approach and when collecting data using observations, interviews and documentation methods. The data analysis technique used is inductive analysis technique, which means that the data obtained in the field are specifically explained in general words.
Strategi Pemulihan Omzet UMKM Pasca Pandemi di Kota Parepare A. Rio Makkulau Wahyu; Wirani Aisiyah Anwar; Eliza Andriani; St. Hajar Putri
Jurnal Iqtisaduna Vol 9 No 1 (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/iqtisaduna.v9i1.36976

Abstract

Reduced community activity and mobility due to the policy for handling the Covid-19 pandemic, has hampered the pace of MSME business activities in the city of Parepare. This has had an impact on a drastic decrease in the income turnover of these MSME business actors. This study uses a qualitative approach with the aim of producing some findings on the MSME turnover recovery strategy in the city of Parepare by using data sources obtained from informants from MSME actors and the Parepare city government, in this case the Parepare City Trade Office, as well as analyzing several scientific literature studies that discuss same problem. The results of this study indicate that there has been a decrease in MSME turnover in the city of Parepare by 73.50%, therefore a turnover recovery strategy is needed that can be implemented immediately, including through employment strategies, production strategies, financial strategies, and marketing strategies. This is an alternative strategy that can be applied to MSME players in the city of Parepare in recovering turnover after the Covid-19 pandemic has passed.
JALANGE COMMUNITY RESPONSE TO BAZNAS ZAKAT MANAGEMENT (A CASE STUDY AT BAZNAS IN BARRU) arvina arvina; Muh. Yasin Soumena; Firman; Andi Rio Makkulau Wahyu
Indonesia Journal Of Zakat And Waqf Vol 1 No 1 (2022): Indonesia Journal Of Zakat And Waqf
Publisher : Department Of Management Zakat and Waqf

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

BAZNAS Barru Regency is one of the best Amil Zakat Boards in South Sulawesi with achievements as the largest collection of zakat, infaq, and alms. BAZNAS Barru Regency is a zakat institution that assists in the collection, distribution and utilization of zakat in Barru Regency. Muzakki in Jalange pay zakat at BAZNAS in Barru Regency through UPZ because Muzakki understands that BAZNAS's task is to manage zakat, but in terms of collection, distribution and utilization of muzakki, they do not know the system used by BAZNAS. This study aims to determine the response of the Jalange community to the management of BAZNAS zakat in Barru Regency. This study uses qualitative research with a phenomenological approach and in collecting data using field research methods. The results showed that the BAZNAS zakat collection system in Barru Regency was: through salary deductions, UPZ, via transfer and direct collection. The Jalange community said the system made it easier for muzakki to pay zakat. The zakat distribution system for BAZNAS in Barru Regency is: distribution for zakat asnaf and the BAZNAS program. The Jalange community said the system was in accordance with Islamic law. The zakat utilization system of BAZNAS Barru Regency is: productive economic utilization and Community Development (ZCD) zakat. The Jalange community said that the utilization could help the mustahik economy in the long term.
Shariah Murabahah Financing in Islamic Banks ario makkulau
BANCO: Jurnal Manajemen dan Perbankan Syariah Vol 5 No 1 (2023): Banco: Jurnal Manajemen dan Perbankan Syariah
Publisher : Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/banco.v5i1.5157

Abstract

Murabahah is the practice of purchasing and selling items while adding a margin for the bank to benefit from. The majority of Indonesian Islamic Banking's overall financing, or about 60%, is currently provided by financing under Murabahah contracts. The research method used in this article is literature analysis which originates from the scientific articles studied. The results of the study show that the application of sharia murabaha financing to Islamic banks is in accordance with the Sharia Banking Act and the DSN-MUI Fatwa, where financing is based on Islamic principles, namely not containing elements of usury, maisir, garar, haram, unjust, and there is contract supervision by the DPS.
Judicial Institution and Judicial Power: How Judicial Authority Existence in Administering Judicial Power in the Islamic View Sudirman L; Anwar, Wirani Aisiyah; Sunuwati, Sunuwati; Wahyu, A. Rio Makkulau
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 2 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (528.636 KB) | DOI: 10.35905/diktum.v20i2.3544

Abstract

The judiciary is very important thing to be paid attention, due to its effects on the integrity of the nation as well as state, even in the pre-Islam era up to current days. This study aims to expose the existence of the judicial institution`s authority in administering a judicial power. This research applied library method. The data collected form literature, and the analysis technique used the descriptive analysis based on the evidence of judicial institutions. The court is authority institutions which conduct a justice, trough examining and deciding cases of legal disputes or violations of laws. Wilayatul Hisbah whose main authority is to settle minor criminal acts which are do not require a judicial process in their settlement. In supporting this authority, there is such fatwa council, tahkim or arbitration institution that was held as an institution for implementing judicial power in Islam
A Perkawinan Dini di Era Modern: Analisis Relevansi, Tantangan Penetapan dan Implementasi Batas Minimal Usia Nikah Anwar, Wirani Aisiyah; Wahyu Sururie, Ramdani; Fautanu , Idzam; Makkulau Wahyu, Andi Rio; Yaekaji, Aisyah
DIKTUM: Jurnal Syariah dan Hukum Vol 22 No 1 (2024): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v22i1.10362

Abstract

This article explores the relevance and challenges in implementing marriage age limits to address early marriage issues in the modern era, as stipulated in Article 7 of Law No. 16 of 2019 concerning Marriage in Indonesia. The research aims to reduce the incidence of early marriage and identify obstacles in applying marriage age limits within the Indonesian legal context. The study employs a qualitative method supported by literature review, focusing on normative law through statutory, analytical, and conceptual approaches. The findings indicate that early marriage persists due to societal support and the regulation of marriage age limits under Article 7 of Law No. 16 of 2019, which sets the minimum age for marriage at 19 years for both males and females. In contrast, Thailand sets the minimum age at 17 years for both sexes, reflecting a more egalitarian approach. Despite the age differences, both countries share similarities in technical-administrative procedures. Marriages below the specified age require written permission from the authorities, aimed at providing legal protection and ensuring the readiness of those marrying. These minimum age variations reflect cultural, social, and legal factors in each country, while procedural similarities demonstrate collaborative efforts in regulating early marriages.
Zakat Empowerment Model in Islamic Boarding School Wahyu, A. Rio Makkulau; Anwar, Wirani Aisiyah; Alamsyah; Syarifuddin; Muslimin, Supriadi; Nuringsih
Balanca : Jurnal Ekonomi dan Bisnis Islam Vol 5 No 2 (2023): Balanca: Jurnal Ekonomi dan Bisnis Islam
Publisher : Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/balanca.v5i2.5112

Abstract

There are three great potentials possessed by Islamic boarding schools in their role of making the people's economy independent: This potential exists within the students, The role of Islamic boarding schools as a liaison for the surrounding community Islamic boarding schools as a resource for the surrounding community may play a role in collecting zakat and waqf. This type of research entails library research with data collection techniques beginning with the reading of references and concluding with their classification so that conclusions can be drawn regarding the concept of relevance raised regarding the model of zakat empowerment in Islamic boarding schools in Indonesia. Zakat empowerment approach at Islamic boarding schools is founded on the Quran and Hadith's teaching of doing the best for everyone, everywhere, including the local community. Islamic boarding school has implemented empowerment in education, society, culture, the environment, da'wah, health, and the economy. Consequently, via the development of the Amil zakat institution or zakat collection unit based on an Islamic boarding school, it is feasible to achieve the role and function of an Islamic boarding school, which is not just a cadre of religious thinkers/center of excellence. An institution that produces human resources for students and the local community, as well as an institution with the capacity to empower the community/agent of development.
Penetapan Harga Menurut Ibnu Taimiyah St. Fatima; Soumena, Moh. Yasin; St. Nurhayati; Ikhsan Gasali; A. Rio Makkulau
Al Rikaz: Jurnal Ekonomi Syariah Vol 1 No 2 (2023): Al Rikaz: Jurnal Ekonomi Syariah
Publisher : Program Studi Ekonomi Syariah IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/rikaz.v2i1.6698

Abstract

Pricing is an important phenomenon that needs to be studied in more depth. Prices always change from time to time depending on what is influencing them at that time. Changes in demand and supply are things that greatly influence price increases or decreases. Prices in Islamic economics are influenced by market conditions in the sense that they depend on the level of demand and supply. Ibn Taimiyah expressed the view that if prices flow naturally according to market conditions, fair prices will emerge so that the government is not allowed to interfere in setting them. The type of research used in this research is library research. This research was carried out based on library data, by analyzing the thoughts of the figure Ibn Taymiyah regarding the basis of price setting, as well as books, journals and scientific works related to the research focus. This research is expected to develop the study of Sharia Economic theory, especially Ibn Taymiyah's perspective price theory. It is also hoped that this research will facilitate people's understanding of Ibn Taimiyah's perspective price theory and can provide them with considerations in the economic decision-making process. The results of the research show that in setting prices there are several indicators used by Ibn Taymiyah, as follows: There is a standard price, Products being traded can be accepted for the same thing, Specific time, There is no element of fraud.