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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH) Hakamain: Journal of Sharia and Law Studies
Ulfazah, Yernati
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences

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Combating Corruption in Indonesia Through Islamic Criminal Law and Customary Criminal Law Januaris, Fadli; Arwani, M. Khairul; Jumanda, Adi; Utama Yazid, Ilham; Ulfazah, Yernati; Fikri, Rahimatul
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.333

Abstract

Corruption is a big problem for the Indonesian nation that cannot be resolved temporarily. Now the practice of corruption occurs in almost all levels of society. Indonesia has become one of the leading countries in eradicating corruption. Even though the majority of Indonesia's population is Muslim. The purpose of this study is to formulate a definition of corruption in Indonesia from the perspective of Islamic law and how the concept of corruption works in Indonesia from the perspective of Islamic law. Use in this research descriptive-analytic method with a normative approach. The research results show that corruption in Indonesia is from the perspective of Islamic law an attempt to enrich oneself or others by violating the law contrary to the principles of justice (al-'is), accountability (al-amanah) and being in a position of responsibility. Corruption in Indonesia when viewed in terms of jinayat law in Islam is the same as the concept of Ghulul (fraud), and Risywah (bribery), and al-Ghasab (exploitation of other people's rights without permission). corruption so that it is included in the offense of Islam prohibiting corruption, then committing acts that are contrary to the texts, such as for example. However, the perpetrators are people who can be prosecuted according to law.
THE DYNAMICS OF ISLAMIC FAMILY LAW IN THE MODERN ERA: AN ANALYSIS OF TAGHAYYUR AL-FATWĀ AND AL-MUḤĀFAẒAH IN THE CHANGING MARRIAGE AGREEMENT PROVISIONS IN INDONESIA Ulfazah, Yernati; Hafis, Muhammad; Elmiati, Nia; Zakariah, Asril Amirul
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 1 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss1.art5

Abstract

Purpose: This study analyzes the application of the fiqhiyyah rules taghayyur al-fatwā and al-muḥāfaẓah in the context of changing marriage agreement provisions in Indonesia, specifically in the Regulation of the Minister of Religious Affairs Number 19 of 2018 (PMA 19/2018). The taghayyur fatwa rule refers to the flexibility of the fatwas, which can change according to the needs of society. Al-muḥāfaẓah emphasizes the importance of maintaining good old values while adopting new opinions that are more relevant and contextual. These two principles became the primary analytical framework for evaluating the dynamics of changes in marriage agreements in PMA 19/2018. These changes are inseparable from the challenges of the modern era, such as issues of gender equality, the protection of women's rights, and legal certainty in marriage. Methods: The research used a normative juridical method with a legislative approach. Data sources were obtained from libraries through legislation, books, and related articles. Findings- This study shows that the application of the rules of taghayyur fatwa and al-muḥāfaẓah in PMA 19/2018 reflects an effort of ijtihad to balance between maintaining the fundamental values of Islamic law (al-muḥāfaẓah) and accommodating the changes and dynamics of modern society (taghayyur fatwa). This change can be seen in the flexibility of the time needed to make a marriage contract, which could only be done before or during the marriage but can now be done during the marriage. Contribution/Limitations- PMA 19/2018 is a form of legal response to the development of modern society while ensuring that marriage law remains relevant, fair, and follows the principles of justice in Islam. Thus, PMA 19/2018 is proof of the adaptation of Islamic family law to contemporary challenges. The limitations of this study lie in its normative focus, without an empirical field analysis. Originality/Value- This research offers a family law perspective on the dynamics of modern society in dealing with contemporary issues, which can be a reference for academics and legal practitioners.
Re-read Hadith of Prophet Muhammad in the Context of LGBT: Intertextual Study on Dynamics of Islamic Law and Human Right Hi. Abdul Qayum, Abdul Rahman; Miftahuddin, Miftahuddin; Ulfazah, Yernati; S Puyu, Darsul; Ahmad, La Ode Ismail
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/nnz9ve47

Abstract

The study aims to understand the interpretation of relevant Hadith texts in modern contexts, in light of the growing debate over LGBT rights and social acceptance among Muslim communities. The study uses qualitative research methods with the analysis of Hadit texts related to sexual behavior and morality, as well as interviews with scholars. The results of research show that the practice of LGBT people in the Hadith of the Prophet is called a fahisyah because, out of the human fitrah, their respective identities have been embedded. According to fiqh scholars, LGBT practices are unlawful, and the perpetrators must be given strict penalties in accordance with the gravity of the acts committed. In a social and cultural approach, LGBT practices can be accepted on the one hand by considering the human rights aspects and the principles of tolerance and the preservation of peace and well-being, but on the cultural side, people are alien to such practices because they have never been found in the tradition of traditional Muslim society or Indonesian society in general. In Islamic psychology, LGBT practices are mental illnesses caused by the domination of angry impulses, so that the tendency to make mistakes becomes greater and to deny things of a good nature. In health science, LGBT practices are becoming one of the biggest infectious causes of deadly diseases such as HIV/AIDS, gender diseases, and other contagious diseases. Thus, LGBT practices are still becoming a barrier to practice in Indonesian society, which is still traditional and adheres firmly to Islamic principles.
Co-Authors Arwani, M. Khairul Elmiati, Nia Fikri, Rahimatul Hafis, Muhammad Hi. Abdul Qayum, Abdul Rahman Januaris, Fadli Jumanda, Adi La Ode Ismail Ahmad, La Ode Ismail Miftahuddin Miftahuddin S Puyu, Darsul Utama Yazid, Ilham Zakariah, Asril Amirul