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All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial International Journal of Multidisciplinary Reseach
Miko, Setia
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Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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THE CONCEPT OF PROTECTION FOR CRIMINAL ACT OF SEXUAL HARASSMENT AGAINST CHILDREN BASED UPON QANUN ACEH NUMBER 6 OF 2014 AT THE SHARIA COURT TAKENGON FROM FIQH PERSPECTIVE Miko, Setia
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 15 No. 1 (2025): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v15i1.29534

Abstract

The various violation cases of violations frequently occurs, one of which is sexual violence/harassment against children, which frequently appears on television, newspapers and social media as a form of representation that there have been many various types of criminal violations occurred. The misuse of technology, chances and light punishment that is not suitable based on the acts of the perpetrators of criminal acts, especially in the sexual abuse against children are the factors of this phenomenon. This research used a juridical research method with a normative approach in analyzing the judge's decision and linking it to existing facts, law, and Islamic fiqh. The data sources consisted of primary data, which focused on the analysis of judges' decisions regarding sexual abuse against children and secondary data from the introduction of Qanun Jinayah Aceh, Fiqh Jinayah and fiqh books such as Abd al-Qadir `Awdah, al-Tasyri` al-Jina `I al-Islami, Wabhah al-Zuhayli, and al-Fikih al-Islami wa Adillatuh. The results of the research showed that Sharia Court of Takengon is a judicial institution under the Supreme Court implementing justice in Takengon area. The Sharia Court has succeeded in deciding the case in accordance with Qanun No. 6 of 2014, but the decision was found not optimal or not commensurate with what the Defendant has done from a Fiqh perspective. The decision was also found still inappropriate and not commensurate with what the Defendant has done to the child.
FIQH AL-HADITH PERSPECTIVES ON HANDSHAKING BETWEEN GENDERS IN SOCIAL Miko, Setia
International Journal of Multidisciplinary Reseach Vol. 1 No. 4 (2025): Oktober
Publisher : International Journal of Multidisciplinary Reseach

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Abstract

This study examines the phenomenon of handshaking between men and women from the perspective of Fiqh al-Hadith. Handshaking (mushafahah) is widely practiced as a symbol of respect and social harmony, yet Islamic law presents differing views on its permissibility, particularly between individuals who are not mahram. Through a descriptive qualitative method and library research, this study analyzes classical and contemporary Hadith sources to contextualize legal rulings on this matter. The findings reveal that the majority of scholars prohibit such practices, grounding their arguments in Hadith traditions that emphasize safeguarding against temptation (fitnah). However, alternative scholarly opinions allow contextual interpretations, considering handshakes as social necessities in modern settings, including diplomacy and intercultural interaction. The analysis highlights the importance of integrating textual and contextual approaches in Hadith studies to balance religious principles with contemporary social realities. Thus, Fiqh al-Hadith provides not only a normative legal framework but also a methodological basis for reconciling tradition with evolving human interactions in social and state contexts.
DIALECTICS OF ISLAMIC LEFT THEOLOGY: HASAN HANAFI’S THOUGHT ON PALESTINIAN OPPRESSION Firmansyah, Agus; Miko, Setia
International Journal of Multidisciplinary Reseach Vol. 1 No. 4 (2025): Oktober
Publisher : International Journal of Multidisciplinary Reseach

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Abstract

This study examines Hasan Hanafi’s concept of Islamic Left Theology as a framework for social liberation and resistance against global injustice, particularly the oppression of Palestine by Zionist Israel. Employing a qualitative descriptive method through library research, the paper explores Hanafi’s philosophical and theological paradigm that integrates faith with praxis. Hanafi views Islam as a revolutionary force that must liberate humanity from all forms of domination political, economic, and cultural by reinterpreting classical traditions through at-Turats wa at-Tajdid (Heritage and Renewal). His notion of “Islamic Left” emphasizes rational, ethical, and humanistic values to confront Western hegemony and to reconstruct Muslim consciousness toward justice and equality. The findings reveal that Hanafi’s call for Oksidentalisme (Occidentalism) provides an alternative intellectual strategy for Islamic civilization to critically engage the West while affirming its own identity. This theological approach contributes to understanding Islam not merely as a spiritual system but as a transformative ideology for human liberation and social justice.  
Co-Authors Agus Firmansyah