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Defamation of Family Reputation on Social Media According to Positive Law and Islamic Law: A Case Study at Ternate Police Department Fara, Yudi; Abbas, Abdul Haris; Husein, Muhammad AR.
Majapahit Journal of Islamic Finance and Management Vol. 5 No. 2 (2025): Islamic Finance and Management
Publisher : Department of Sharia Economics Institut Pesantren KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/mjifm.v5i2.450

Abstract

This study aims to analyze the handling of family defamation cases on social media from the perspectives of positive law and Islamic law, using a case study at the Ternate Police Department. The increasing number of cases over the past five years indicates that social media has become a new arena for conflict, significantly affecting family reputation. This research employs a qualitative approach with a juridical-empirical method. Data collection techniques include observation, in-depth interviews, documentation, and literature review. The findings reveal that the Ternate Police adopt a combination of litigative approaches based on the Electronic Information and Transactions Law (ITE Law) and the Indonesian Penal Code (KUHP), alongside non-litigative approaches through restorative justice mechanisms. From the Islamic law perspective, defamation is seen as a violation of ḥifẓ al-ʿirḍ (protection of dignity), which can be resolved through principles such as iṣlāḥ (reconciliation) and social repentance. The application of criminological theories—strain, differential association, broken windows, and deterrence—strengthens the understanding of offender motives and patterns of deviance in digital spaces. In conclusion, addressing family defamation requires an integrative approach that combines legal enforcement, Islamic ethical principles, and adaptive social responses to digital-era challenges.
Defamation of Family Reputation on Social Media According to Positive Law and Islamic Law: A Case Study at Ternate Police Department Fara, Yudi; Abbas, Abdul Haris; Husein, Muhammad AR.
Majapahit Journal of Islamic Finance and Management Vol. 5 No. 2 (2025): Islamic Finance and Management
Publisher : Department of Sharia Economics Institut Pesantren KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/mjifm.v5i2.450

Abstract

This study aims to analyze the handling of family defamation cases on social media from the perspectives of positive law and Islamic law, using a case study at the Ternate Police Department. The increasing number of cases over the past five years indicates that social media has become a new arena for conflict, significantly affecting family reputation. This research employs a qualitative approach with a juridical-empirical method. Data collection techniques include observation, in-depth interviews, documentation, and literature review. The findings reveal that the Ternate Police adopt a combination of litigative approaches based on the Electronic Information and Transactions Law (ITE Law) and the Indonesian Penal Code (KUHP), alongside non-litigative approaches through restorative justice mechanisms. From the Islamic law perspective, defamation is seen as a violation of ḥifẓ al-ʿirḍ (protection of dignity), which can be resolved through principles such as iṣlāḥ (reconciliation) and social repentance. The application of criminological theories—strain, differential association, broken windows, and deterrence—strengthens the understanding of offender motives and patterns of deviance in digital spaces. In conclusion, addressing family defamation requires an integrative approach that combines legal enforcement, Islamic ethical principles, and adaptive social responses to digital-era challenges.
IMPLEMENTATION OF THE PROSPECTIVE BRIDE AND GROOM COURSE: A STUDY AT THE OFFICE OF RELIGIOUS AFFAIRS OF NORTH TIDORE DISTRICT Abu, Asnawi; Abubakar, Fatum; Husein, Muhammad Ar.
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 2 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i2.1033

Abstract

The Prospective Bride and Groom Course Program (SUSCATIN) for prospective husbands and wives by the government through the Ministry of Religion which is implemented by the KUA with the belief that the implementation of this program will create a harmonious family, Sakinah, Mawaddah and Warahmah.The method used in this study is a qualitative method. The purpose is to implement the Prospective Bride and Groom Course at the KUA of North Tidore District, Tidore Islands City. The formulation of the problem is How is the Implementation of SUSCATIN at the KUA of North Tidore? What are the opportunities and obstacles to the Implementation of the Prospective Bride and Groom Course at the KUA of North Tidore District, Tidore Islands City?. The results obtained are: 1) SUSCATIN at the KUA of North Tidore District has been implemented, but its implementation has not been optimal, due to several factors: a) there is no strong commitment from the Head of KUA and related staff, b) lack of resource persons, c) lack of supporting facilities, d) no budget/implementation costs prepared by the institution, and e) community tradition that does not allow prospective brides and grooms to leave the house several days before the implementation. 2) A number of opportunities and obstacles in the implementation of SUSCATIN at the KUA of North Tidore District, namely the weakness in the regulatory aspects that govern its implementation, including the absence of legal sanctions against prospective brides and grooms who do not participate in SUSCATIN and officers at the KUA who do not organize it, and SUSCATIN has not been made an absolute requirement in the marriage process, meaning it has not been placed as part of a basic requirement for the marriage process, so it does not have legal binding force