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All Journal Masalah-Masalah Hukum Journal of Law, Poliitic and Humanities
Anwar, Maulana
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Maximizing Charitable Endowments for Healthcare: Maqasid Shariah Perspectives from Wahbah Zuhaili and Shariah Economic Laws Compilation Anwar, Maulana; Afif Noor
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.383

Abstract

A gift is a voluntary agreement without compensation, either to heirs or other people. However, its implementation will have an impact on conflict when the grantor suffers from illness. Of course, this has different legal implications than for healthy people. This study focuses on the opinions of Wahbah Al-Zuhaili and KHES. This research method uses library research, which is qualitatively analytical through a historical approach and a statute approach. The data analysis method uses the fiqh muqaran approach. The results of the research show that first, the law of giving sick people maqasid Shariah values is found in the following aspects: protecting religion, protecting the soul, protecting the mind, protecting property, and protecting offspring. Second, Wahbah al-Zuhaili classified illness conditions as serious illness and non-severe illness. Conditions of serious illness that cause death before one year has passed, the law applies to people who are seriously ill and cause death. Meanwhile, for illnesses that are not serious or do not cause death, the grantor may commit with the recipient to pay for life until death, as stated in Article 454 paragraph 2. Third, KHES specifically includes grants for seriously ill people in articles 724–727.
INTEGRATING ISLAMIC CRIMINAL LAW INTO INDONESIA’S NEW CRIMINAL CODE: A STUDY OF LEGAL PLURALISM AND NORMATIVE TRANSFORMATION Abdillah, Junaidi; Nurhayati, Tri; Anwar, Maulana
Masalah-Masalah Hukum Vol 55, No 1 (2026): MASALAH-MASALAH HUKUM (in Press)
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.55.1.2026.1-16

Abstract

The enactment of New Criminal Code signifies a pivotal shift in Indonesia's criminal law, aiming to harmonize national identity with religious, customary, and Western legal principles. This study investigates the influences of Islamic law to the New Criminal Code, focusing on criminal acts. Understanding this interaction is essential to explain how Islamic legal principles contribute to shaping contemporary national criminal law reform in Indonesia. This study employs doctrinal legal research, which examines legal principles, statutory provisions, and legal doctrines related to Islamic criminal law and Indonesia’s New Criminal Code. The research relies primarily on legal documents, including legislation, scholarly literature, and authoritative legal texts. The collected data were analyzed qualitatively using the analytical model of Miles and Huberman, which consists of data reduction, data display, and conclusion drawing. The research identifies two key findings: (1) Islamic law significantly influences the provisions of the New Criminal Code, evident in material and formal legality aligning with societal values; and (2) Islamic principles exhibit greater responsiveness in addressing legality standards, the retroactive principle, and crime classification. These findings underscore the progressive and integrative potential of Islamic law in enriching national criminal law reforms. This study offers a novel contribution by mapping the substantive transformation of Islamic criminal law principles into Indonesia’s New Criminal Code, thereby highlighting the role of Islamic legal thought in contemporary national criminal law reform.
Co-Authors Afif Noor Junaidi Abdillah Tri Nurhayati