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The Racial Justice Dilemma: Examining the Enforcement of Capital Punishment in Contemporary Legal Systems Nurhabibi, Nurhabibi; Pinem, Serimin; Musta'ana, Musta'ana; A. Rahman, Maimun
Journal of Mujaddid Nusantara Vol. 1 No. 1 (2024): Journal of Mujaddid Nusantara March, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i1.111

Abstract

This research aims to discuss the dilemma of racial justice that arises in the enforcement of capital punishment in various contemporary legal systems. Although legal principles mandate justice and equality before the law, the enforcement of capital punishment often reflects glaring racial imbalance. This study analyzes the factors causing racial disparities in the application of capital punishment, as well as its impact on public trust in the legal system. The research also investigates various reform efforts that have been proposed or implemented to address the issue of racial justice in the enforcement of capital punishment. Referring to various reports, studies, and official sources from Indonesia, it can be concluded that urgent reforms are needed to address this dilemma. Measures such as racial awareness training for legal professionals, increased access to legal aid, and a review of law enforcement policies are key to improving racial justice and rebuilding public trust in the justice system. Thus, this analysis not only provides a deeper understanding of racial justice issues in the context of capital punishment in Indonesia but also highlights the efforts needed to create a fairer, more inclusive legal system respected by all members of society.
Keabsahan Pernikahan Perempuan Hamil di Luar Nikah Menurut Hukum Islam dan Legislasi di Indonesia A. Rahman, Maimun; Lawang, Karimuddin Abdullah
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i1.112

Abstract

Marriage is a sacred bond to build an everlasting household. Regarding the marriage of a woman who is pregnant out of wedlock is a disgrace that some families must cover, so they are looking for a solution by marrying the pregnant woman. However, the problem is the legality of marriage for pregnant women out of wedlock according to Islamic law and Indonesian laws and regulations. This study uses a qualitative research method with a normative juridical approach because it relates to the validity of a law. The results of the study concluded that the marriage of a woman who is pregnant with the man who impregnated her is valid according to Islamic law, even though there are differences of opinion among the Maliki and Hanbali schools of thought that declare it invalid. According to the rules and regulations, it is also stated that it is legal based on KHI article 53, which explains that a woman pregnant out of wedlock can marry the man who made her pregnant.
Korelasi Antara ASI dengan Sperma Sebagai Faktor Penyebab Mahramiyah Susuan Lawang, Karimuddin Abdullah; A. Rahman, Maimun; Nur, Syamsiah; Azhar, Muh. Zaim; Suage, Ali
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5253

Abstract

This paper aims to answer the question of why breast milk can cause mahramiyah of breastfeeding in the same way as sperm can cause mahramiyah of nasab. Breast milk is food for babies that serves to grow flesh and strengthen bones. On the other hand, breast milk is a liquid that comes out of the human body, similar to blood. However, breastfeeding a baby who has not reached the age of two years can cause mahramiyah, which is the same as mahramiyah caused by sperm. This is different from blood transfusions, which do not have any legal consequences. The research method used is a descriptive qualitative research method. The data collection technique is documentation review sourced from classical literature and scientific journals. After the data is collected, it is analyzed using content analysis techniques. The results show that breast milk has a correlation with sperm so that it can cause a mahramiyah relationship to be established. This is because breast milk contains genes as found in sperm, so that the genes owned by the mother will be inherited to the child when she is breastfed. The similarity of the inherited genes is what causes a negative impact on offspring in the event of marriage, so Islam states that there is a mahramiyah relationship from breastfeeding.