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All Journal Demak Universal Journal of Islam and Sharia Solo International Collaboration and Publication of Social Sciences and Humanities
Mubarak Bin Humaid, Mahmoud Saleh
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Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Premeditated Murder in the Modern Era Comparative Study of Perspectives on Islamic Law and the Criminal Code Oktatianti, Tina; Mubarak Bin Humaid, Mahmoud Saleh; Irfan Rosyadi, Rozi; Abdul Adzim, Ahmadi; Muthoifin
Solo International Collaboration and Publication of Social Sciences and Humanities Vol. 1 No. 01 (2023): Main Theme: Integration of Knowledge Values in the Context of Social Sciences
Publisher : Walidem Institute and Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (786.26 KB) | DOI: 10.61455/sicopus.v1i01.28

Abstract

This study tries to 1) identify the elements that lead murderers to plan their crimes, and 2) understand those elements. The judge's factors to consider when determining murder cases with intent to kill, 3). Comparing the Criminal Code with Islamic law's definition of premeditated murder. To gather data for this study, a library research technique known as a normative juridical approach to literature evaluation was used. The Criminal Code, followed by the Koran, Hadith, and translations into Indonesian, as well as relevant scholarly works, books, and articles, served as the source for legal information. The study's findings led to the conclusion that Indonesian law's Criminal Code Articles 338–350 govern the crime of murder. In the Criminal Code, premeditated murder is defined as a purposeful killing, whereas in Islamic criminal law, the victim's life is the first thing that is intended to be taken. According to Article 340 of the Criminal Code, the perpetrator of a premeditated murder may be sentenced to life in prison by a jury of judges. Whereas in Islamic criminal law, as mentioned in QS. Al-Maidah verse 45 and Hadith, the perpetrator's acts might result in a death sentence (Qishash) for committing purposeful murder.
Ethics of Buying and Selling Online Sharia Economic Perspective: Study of the Concept of Iqâlah Hakim, Nurul; Ahmad Muhammad Hamad Al-Nil, Barakat Muhammad; Mubarak Bin Humaid, Mahmoud Saleh
Demak Universal Journal of Islam and Sharia Vol. 1 No. 01 (2023): Main Theme: Sharia Studies (Islamic Law) and Economic Ethics in Contemporary M
Publisher : Walidem Institute and Publishing (WIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.653 KB) | DOI: 10.61455/deujis.v1i01.22

Abstract

This study aims to analyze the hadith regarding Iqâlah or cancellation of trading transactions, especially in online platforms. In addition, this theme is also side by side with the discussion of khiyâr, or the right to choose between buying and selling which is part of the ethics of sharia trading. The other goal is to be able to provide a right understanding of the concept and law of Iqâlah to the performers in economic activity by analyzing related hadiths and the concept of khiyâr, thereby minimizing the occurrence of harm and losses due to the cancellation of trading transactions that are not by the rules and norms of Shari'a. The methodology used in this research is qualitative, in the form of literature research by analyzing related data as reading materials. In this study, the authors found that Iqâlah is permissible and even some scholars say that the law is Sunnah. In addition, there must be an understanding between the seller and the buyer regarding the correct concept of Iqâlah and Khiyâr so that benefit is achieved between the two parties. The results of the study show that Iqâlah is permissible as long as it is based on the normative values ​​of the Koran and Sunnah and can be considered an act of breaking a promise if it is done unilaterally and does not comply with the ethics of shariah trading.
Co-Authors Abdul Adzim, Ahmadi Ahmad Muhammad Hamad Al-Nil, Barakat Muhammad Irfan Rosyadi, Rozi Muthoifin Nurul Hakim, Nurul Oktatianti, Tina