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All Journal Journal Analytica Islamica Pena Justisia: Media Komunikasi dan Kajian Hukum
Muhammad Syahnan
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Religion Education Law, Crime, Criminology & Criminal Justice

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Approach Restorative In Loss Recovery Caused by Criminal Acts of Corruption Noor Azizah; Muhammad Syahnan; Zulkarnain
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6552

Abstract

The restorative approach to the recovery of losses caused by criminal acts of corruption offers alternatives that focus on restoring relationships and losses compared to retributive approaches that only emphasize punishment. This study uses a normative juridical method with the law approach to analyze the basic principles of restorative approaches, recovery mechanisms, benefits, challenges, and implementation in Indonesia. The restorative approach is based on the principle of restoring losses, active participation of all parties, and reintegration of the perpetrators. The results of the discussion show that the restorative approach has the potential to increase justice and improve social relations, although there are still significant challenges. The application of this approach in Indonesia requires stronger legal and community support. This study concluded that the restorative approach can improve the law enforcement system with a greater focus on recovery and reintegration. Suggestions for further development include legal reform and increasing community participation to optimize the recovery of losses due to criminal acts of corruption, so that further legal reform is carried out to support restorative mechanisms and increase community participation.
THE PROBLEMATICS OF JAD MAAL IKHWAH: PERSPECTIVES OF IBN ABBAS AND ZAID IBN TSABIT Fadlan Harmein Harahap; Muhammad Iqbal Irham; Muhammad Syahnan
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i3.27659

Abstract

Jad maʿal ikhwah refers to an inheritance issue that arose after the death of the Prophet Muhammad, particularly during the caliphate of ʿUmar ibn al-Khaṭṭab. In this case, full siblings and the paternal grandfather are two heirs who claim a share of the inheritance. According to the science of faraʾiḍ, only one of these parties is entitled to inherit, while the other is excluded. Both are considered ʿasabah heirs, meaning they are entitled to the residual estate after the fixed shares have been distributed. Ibn ʿAbbas held the view that only the grandfather is entitled to inherit in such cases, whereas Zayd ibn Thabit argued that both the grandfather and the full siblings are entitled to share the inheritance. This study employs qualitative and normative analysis of legal norms and juristic opinions found in both classical and contemporary fiqh texts. The findings indicate that the view of Zayd ibn Thabit, which grants inheritance rights to both the grandfather and the full siblings simultaneously, has been widely accepted by jurists and remains relevant in contemporary contexts.
SEXUAL VIOLENCE IN MARRIAGE (MARITAL RAPE): A FIQH PERSPECTIVE AND THE SEXUAL VIOLENCE CRIMES LAW (UU TPKS) Ainul Mardhiah; Muhammad Syahnan; Muhammad Iqbal Irham
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i3.27279

Abstract

The phenomenon of forced sexual relations against wives within marriage is an issue that has sparked debate in contemporary Fiqh and the Sexual Violence Crimes Law (UU TPKS). This research aims to explain the opinions of scholars found in contemporary fiqh literature concerning husband-wife relationships and compare them with the sexual violence crimes law. This paper is intended to find the correlation between the perspectives of contemporary scholars and the UU TPKS regarding sexual violence in marriage and the concept of a wife's obedience to her husband in Islam. The research employs a qualitative method with a juridical-normative approach, drawing from contemporary fiqh books, Ahwal Syakhsiyyah, and the sexual violence crimes law. The findings of this research indicate that fiqh law is essentially in alignment with the concept of sexual violence law in marriage as outlined in the UU TPKS. Conversely, the stance of rejection towards the UU TPKS is shown to be a result of misunderstandings of existing religious texts.
Co-Authors Ainul Mardhiah Fadlan Harmein Harahap Muhammad Iqbal Irham Noor Azizah Zulkarnain