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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Journal of Public Representative and Society Provision AHKAM : Jurnal Hukum Islam dan Humaniora
Marpaung, Arifin
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ELECTORAL INTEGRITY AT STAKE? ISLAMIC LAW AND INDONESIAN LEGISLATION ON VOTE TRADING Harahap, Najwa Khalilah; Marpaung, Arifin; Hafsah, Aulia; Indah, Usna Nur; Nabilah, Siti Luthfiyah
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.48967

Abstract

This study aims to analyse the comparison of buying and selling voting rights in general elections from the perspective of Islamic law and Indonesian national law. The buying and selling of voting rights is an act that involves the exchange of voting rights for a certain reward, which is often considered a form of ethical and legal violation. In the context of Islamic law, this practice is viewed through the principles of sharia that emphasise justice, benefit, and the prohibition against buying and selling that contains elements of usury and gharar. Meanwhile, in the perspective of Indonesian national law, the buying and selling of voting rights is regulated by the law governing general elections, which confirms that the practice is illegal and subject to criminal sanctions. This study uses a qualitative method with a descriptive-analytical approach to outline the views of the two legal systems on the buying and selling of voting rights. The results show that in both Islamic law and Indonesian national law, the buying and selling of voting rights is viewed as illegitimate and violates the principles of justice. This research provides recommendations for increasing public understanding and awareness of the importance of maintaining the integrity of voting rights in general elections as well as stricter law enforcement to prevent the practice of buying and selling voting rights.
Kedudukan Anak Perempuan dalam Warisan Menurut Kompilasi Hukum Islam dan Budaya Batak Toba Studi Kasus di Kecamatan Pangaribuan Kabupaten Tapanuli Utara Siregar, Ermina Oktaviana; Marpaung, Arifin; Hayati, Amal
AHKAM Vol 2 No 4 (2023): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i4.1871

Abstract

The problem of inheritance is a discussion that has been discussed clearly and in detail in the Al-Qur'an and Sunnah on how to resolve it. However, along with developments over time, there are bound to be problems that arise in resolving inheritance issues among society. Not only in this day and age, even during the time of the Prophet SAW there were often disputes between his heirs. This thesis discusses the Position of Girls in Inheritance According to the Compilation of Islamic Law and Toba Batak Culture, where the Toba Batak Culture says that girls are not heirs. The method used is empirical juridical, which uses empirical facts that examine applicable legal provisions and what happens in reality in society. The nature of the research used is descriptive, where research only describes the situation of facts or incident. Based on the research results, the application of Islamic inheritance law in the Toba Batak Community in Pangaribuan sub-district, North Tapanuli district has not used Islamic law as its inheritance law, but still uses customary law. Toba Batak heirs in Pangaribuan sub-district, North Tapanuli regency usually hold deliberations to resolve this either only with their families or with traditional elders.
Touching the Qur'an for Menstruating Women Perspectives of Imam An-Nawawi and Imam Ibn Hazm: a Case Study of the Tahfiz Al-Faiz Islamic Boarding School Zakwani, Rif’ah; Marpaung, Arifin
Journal of Public Representative and Society Provision Vol. 4 No. 3 (2024): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v4i3.474

Abstract

This study aims to examine the views of Imam An-Nawawi and Imam Ibn Hazm regarding the permissibility of touching the Qur'an for women who are menstruating (haid), with a focus on its implementation at Pondok Pesantren (Islamic Boarding School) Tahfiz Al-Faiz in Deliserdang Regency. The study analyzes the differing opinions of these two scholars on the issue. Imam An-Nawawi, in his al-Majmu', holds the view that menstruating women are not allowed to touch the Qur'an directly. In contrast, Imam Ibn Hazm, in al-Muhalla, argues that there is no prohibition against touching the Qur'an during menstruation, as there is no authentic hadith to support such a ban. This research employs a qualitative approach with a case study at Ponpes Tahfiz Al-Faiz, involving interviews with the administrators and students to understand the practices followed in the institution. The findings reveal that the majority of the administrators and students adhere to Imam An-Nawawi's opinion, although some are inclined to follow Imam Ibn Hazm's view, depending on their understanding and the approach practiced in their environment. This study is expected to contribute to the development of a more inclusive and contextually relevant understanding of Islamic jurisprudence in the context of religious education in Islamic boarding schools.
Co-Authors Hafsah, Aulia Harahap, Najwa Khalilah Indah, Usna Nur Jayawarsa, A.A. Ketut Nabilah, Siti Luthfiyah Siregar, Ermina Oktaviana Zakwani, Rif’ah