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All Journal Jambe Law Journal Uti Possidetis: Journal of International Law Jurnal Hukum Islam dan Hukum Keluarga
Ishaq, Fadhli Muhaimin
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Religion Humanities Law, Crime, Criminology & Criminal Justice Other

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Forced Displacement and Blockade Reviewed From International Humanitarian Law: A Case Study of the Humanitarian Attacks in Rafah Ishaq, Fadhli Muhaimin
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.36281

Abstract

This paper discusses the forced displacement regulated by the Geneva Conventions of 1949 and the use of blockades as a wartime strategy under international humanitarian law. The purpose of this paper is to analyze how forced displacement and the use of blockades as wartime strategies have been applied in the humanitarian incident in Rafah. This study employs normative research methods with case and legislative approaches. The paper finds that forced displacement can also be categorized as genocide if accompanied by the intent to destroy a particular group. The case in Rafah illustrates a clear violation of humanitarian law, where Israel forced Palestinians to flee, violating Article 49 of the Geneva Convention and potentially prosecutable by the ICC. A blockade is a wartime strategy that restricts access to an area, weakening defenses by cutting off supplies of food and medicine. Although permitted by international law, the implementation of a blockade must be declared, effective, impartial, and respect the rights of neutral states. However, blockades are often misused and result in human rights violations
LARANGAN MENIKAH PADA HARI GEBLAK ORANG TUA PERSPEKTIF HUKUM ISLAM: (Studi Kasus Kelurahan Parit Culum II Kecamatan Muara Sabak Barat, Kabupaten Tanjung Jabung Timur Provinsi Jambi Ishaq, Fadhli Muhaimin; Parwati, Dwi Yuni
Al-Usroh Vol. 3 No. 2 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.2006

Abstract

This article examines the Prohibition of Marriage on the Day of Geblak Parents from the Perspective of Islamic Law in Parit Culum II Village, West Muara Sabak District, East Tanjung Jabung Regency, Jambi Province. The purpose of this research is to find out: 1) the prohibition of marriage on geblak day in Parit Culum Village; 2) The reason for the prohibition of marriage on geblak day; 3) the prohibition of geblak marriage from the perspective of Islamic law. This article uses empirical legal research methods and legal anthropology approaches. The data sources used in this research are; field observations and interviews with several informants related to this issue such as interviews with community leaders, traditional leaders, religious leaders, and village officials of Parit Culum II village while secondary data is obtained through several books related to the theory of marriage and customary law. The data obtained is then analyzed by conducting descriptive data analysis. The result of this research is still the belief in an unfavorable day for conducting a wedding ceremony, which is referred to as the day of the parents' geblak. This tradition has been believed by the people of Parit Culum II Village for generations and is still practiced until now. Second, the provisions of the tradition of the prohibition of marriage on the day of the parents' geblak are not found in a clear or definite text in Islam, even though the practice of this marriage prohibition is not punished as haram.
Reconstructing Rape Sanctions in Indonesia: Towards an Integrated Value Framework Ishaq, Ishaq; Ishaq, Fadhli Muhaimin; bin Ahmad Nadzri, Amirulhakim
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/h61j7k90

Abstract

The research examines the criminal sanctions against rape offences in Indonesia and evaluates their consistency with the principles of justice within the framework of Indonesian values. The research revealed that the Indonesian criminal laws have not provided maximum protection to rape victims and have not reflected the value of substantive justice due to the relatively lenient criminal sanctions and the absence of moral and religious aspects in their formulation. As a result, the protection of the victims is normatively abandoned. While previous studies have failed in formulating a unified model of justice for rape victims, the present research addresses this gap by synthesizing Indonesia’s fundamental normative frameworks, representing the living law in Indonesia. Arguing that living laws can operate more effectively and foster compliance within society, this research proposes an integrative and equitable model of punishment that combines modern penal principles with Islamic legal values that serve as the philosophical, moral, and sociological foundations for reforming national criminal law, particularly in efforts to address such sexual punishment as rape. The theoretical contribution of this research is to provide a new perspective regarding the penalization of rape by encouraging the principles of Maqāṣid al-Sharī’ah as an alternative normative approach, combined with Pancasila, modern perspective. Moreover, it provides practical recommendations for revising the formulation of rape sanctions in the Indonesian Criminal Code to better reflect justice for victims and to have a strong deterrent effect on perpetrators, while granting rights for the victims.
Co-Authors bin Ahmad Nadzri, Amirulhakim Ishaq Ishaq Parwati, Dwi Yuni