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All Journal Madani: Multidisciplinary Scientific Journal Media Hukum Indonesia (MHI)
Adelia, Nona
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Perbandingan Kaidah Jual Beli Berdasarkan Jaminan Dengan Berdasarkan Kesucian Barang Syahrani, Fiarinda Putri; Adelia, Nona; Puspita, Ajeng Dian; Prayoga, Sandi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14292368

Abstract

This journal analyzes and compares the principles of Islamic law of sale, particularly the differences in approach between the Hanafi and Shafi'i schools of thought regarding transactions based on guarantees versus transactions based on the purity of goods. The study explores the meaning of "guarantee" and "purity of goods" in terms of language and general meaning, as well as examining the arguments that form the basis of both schools in establishing the principles of sale. This journal also presents concrete examples of the application of the principles and their exceptions in the practice of buying and selling. The aim is to provide a more comprehensive understanding of the diversity of scholarly opinions in understanding the law of sale and its contribution to the development of contextual Islamic economic law.
Moralitas Hukum dan Tindak Pidana Tanpa Korban: Kasus Prostitusi Harahap, Maulana Alghifari; Batubara, Wahyudi; Harahap, Rindur Rodiah; Adelia, Nona; Lubis, Maysa Putri Khairana
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14583776

Abstract

Prostitution is one of the controversial issues that raises debates between morality and legality. In the context of victimless crimes, prostitution is often seen as an act that does not directly harm others, but is still considered illegal in many countries, including Indonesia. This study aims to analyze how legal morality influences policies on prostitution as a victimless crime. With a normative legal approach and analysis of laws and regulations, this study found that law enforcement against prostitution is based more on moral considerations than on factual impacts on society. This study also highlights the need for legal reform that takes into account human rights and social realities. The problem of prostitution is indeed a classic problem that has long been a polemic, regarding this problem can give rise to pros and cons. If we look at it from the pros, it can be said that prostitution is an economic right carried out by a prostitution business actor, while if we look at it from the cons, prostitution is seen as a form of legalization of an illegal business that is contrary to an aspect of community morality, but on the other hand, a PSK herself can also be said to be a victim of the crime of prostitution made by the pimps, where the pimp has traded a human being where the human trafficking contains pornographic content carried out through the internet media. 
Apakah Kesaksian Saksi Syarat Nikah Lubis, Maysa Putri Hairana; Adelia, Nona
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 12 (2025): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14583766

Abstract

The status of witness testimony in Islamic marriage remains a subject of debate among scholars.This article comprehensively examines whether witness testimony is an absolute requirement or simply a supplementary element for the validity of the marriage contract. This jurisprudential analysis explores various scholarly opinions, their supporting arguments, and the practical legal implications. First, the article defines the concept of a witness in the context of Islamic marriage, drawing upon the Quran, Hadith, and prominent scholarly interpretations.  The analysis includes the capacity of witnesses, the requirements they must meet, and the distinctions between witnesses in marriage contracts and other legal contexts within Islamic law. Next, the article presents the prevailing scholarly view (jumhur) which stipulates the necessity of two male witnesses for a valid marriage. Their arguments are systematically outlined, based on Quranic verses and Hadith. Conversely, the article also explores the dissenting opinion of Abu Tsaur, who argues against the absolute necessity of witness testimony. Abu Tsaur's arguments are presented objectively, considering his interpretations of relevant religious texts. The article then analyzes the root causes of this scholarly disagreement, considering differing interpretations of Quranic verses and Hadith, variations in fiqh methodology, and socio-cultural contexts. Based on this comprehensive analysis, the article examines the legal implications of the various opinions, including their impact on the validity of marriage, court proceedings, and marriage practices within society.
Co-Authors Batubara, Wahyudi Harahap, Maulana Alghifari Harahap, Rindur Rodiah Lubis, Maysa Putri Hairana Lubis, Maysa Putri Khairana Prayoga, Sandi Puspita, Ajeng Dian Syahrani, Fiarinda Putri