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PERAN ADVOKAT DALAM MENEGAKKAN KEADILAN BERDASARKAN PRINSIP-PRINSIP SYARIAT ISLAM Muhammad Fadil Zuhri; Wahyuni Pohan; Muhammad Rizki Firmansyah; Ayu Hijrani Salamah; Aditya Dwipa Alkanzu
Jurnal Salome : Multidisipliner Keilmuan Vol. 2 No. 6 (2024): November
Publisher : CV. ADIBA AISHA AMIRA

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Abstract

The role of advocates in upholding justice is firmly rooted in the principles of Islamic Sharia, which highly values honesty, trustworthiness, and fairness. Advocates serve as legal representatives tasked with assisting, defending, and representing clients in resolving legal disputes. From the perspective of Islamic Sharia, this practice aligns with the concept of wakalah (representation), which is permissible as long as it is carried out with good intentions, integrity, and adherence to Sharia laws. The principle of justice, which is a cornerstone of Islamic Sharia, demands that advocates perform their duties impartially, ensuring that their clients' rights are protected while avoiding any defense based on falsehood. Advocates also bear a moral responsibility to uphold the truth, as emphasized by the teachings of the Prophet Muhammad (peace be upon him), which stress the importance of providing accurate testimony and not concealing evidence. Thus, the advocates profession in Islam is not only regarded as a worldly occupation but also as a trust imbued with a spiritual dimension, as long as it is conducted with integrity and adheres to the principles of Sharia, namely the Quran and Sunnah.
Perbedaan Pendapat Menurut Jumhur Ulama dan Abu Hanifah Terkait Nafkah Suami Miskin Ali Ad Dhar; Ayu Hijrani Salamah
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1655

Abstract

The husband's obligation to provide for his wife is one of the primary responsibilities in marriage, as regulated by various legal systems and religious values. However, challenges arise when a husband is in a state of economic poverty and unable to meet the family's basic needs. This article aims to explore how the concept of provision (nafkah) is applied in such situations from the perspectives of Islamic law, state law, and social norms. Based on a literature review, it is found that Islam provides flexibility for impoverished husbands to strive within their capacity, while emphasizing the importance of communication, mutual understanding, and cooperation between husband and wife. Furthermore, the responsibility to provide is not solely material but also includes emotional and spiritual aspects. This article also highlights the need for community and state support in creating social protection systems for impoverished families to ensure their welfare. Thus, the husband's responsibility to provide is not only viewed as an individual duty but also within the framework of collective responsibility.
Praktik All You Can Eat Dalam Tinjauan Hukum Islam Muhammad Hafiz Fajar Hidayah; Maulana al-Ghifari Harahap; Mutiara Liza; Rini Fadila Tunnisa Harahap; Ayu Hijrani Salamah
Jurnal Budi Pekerti Agama Islam Vol. 3 No. 1 (2025): February: Jurnal Budi Pekerti Agama Islam
Publisher : Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/jbpai.v3i1.899

Abstract

The practice of “All You Can Eat” (AYCE) is a food serving model where customers pay one fixed price to enjoy various types of all-you-can-eat dishes within a certain time limit. This concept has become a global trend and is widely implemented in Indonesia, especially in Japanese and Korean themed restaurants. As a modern form of muamalah, AYCE raises questions in the perspective of Islamic law because it involves aspects of economic transactions that must fulfill the pillars and conditions of buying and selling according to Islam. This study examines the mechanism of AYCE, starting from the payment system, time policy, and additional rules such as fines for uneaten food. In addition, it discusses the application of the pillars and conditions of buying and selling in Islam, which include clarity of goods, valid contracts, and voluntary consent of the parties involved. The main focus is on the potential element of uncertainty (gharar) in AYCE practices, especially regarding the different portions of food consumed by customers, which forms the basis of the Islamic legal analysis of this concept. This research aims to provide a comprehensive view of the relationship between the AYCE concept in the light of Islamic law.