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All Journal International Journal of Islamic Thought and Humanities Al-Insyiroh: Jurnal Studi Keislaman
Nasiri , Nasiri
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Religion Humanities Economics, Econometrics & Finance Education Social Sciences

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Comparative Study on Criminal Penalties According to The Perspective of Islamic Criminal Law and The Indonesian Criminal Law Code Ulum , Miftahul; Nasiri , Nasiri; Repo , Nora
Al-Insyiroh: Jurnal Studi Keislaman Vol. 9 No. 1 (2023): March 2023
Publisher : LPPPM STAI Darul Hikmah Bangkalan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35309/alinsyiroh.v9i1.231

Abstract

The issue of punishment in Islam is by raising one type of punishment that is often not brought to the surface, namely the fine (diyat) as an alternative type of punishment. Sentencing also costs a lot of money, for example in the costs of court proceedings, imprisonment, parole, consultation centers that must be attended, and collection of fines. The method used in this research is a normative juridical comparison between Islamic Law and the Criminal Code (KUHP). The research specification used is descriptive analysis. The data collected and processed to support this research used library research which was processed qualitatively. All of our data is separated by data that is relevant or irrelevant to this research. The results of the research and data analysis in this study state that: first, in Islamic Criminal Law there is no such thing as a complaint offense, all jarimahs, be it hudud, qishos, diyat, and takzir, are all ordinary offenses. Adultery in Islamic law is not a complaint offense, whereas in the Criminal Code Article 284 the crime of adultery is a complaint offense, and is included in the category of absolute complaint offense. Second, in proving adultery in Islamic criminal law, it is proven by four things: testimony, confession, qarinah (indication), and li'an. However, this is not the case with the Criminal Code, because the criminal act of adultery is included in the category of an absolute complaint offense, there must be a complaint beforehand so that the offense can be processed
Religious Authority and the Qibla Dispute: A Social Fiqh Analysis of the Mosque Conflict Nasiri , Nasiri
International Journal of Islamic Thought and Humanities Vol. 5 No. 1 (2026): International Journal of Islamic Thought and Humanities
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/ijith.v5i1.915

Abstract

Mosques normatively function as centers of worship, education, and community unification. However, in practice, mosques can also become spaces for internal conflict due to differences in religious views and organizational management. This research begins with a conflict phenomenon that occurred at the Al-Zainab Mosque, triggered by differences in interpretation regarding the delivery of religious commentary and differences of opinion regarding the placement of prayer rows. This study aims to analyze the dynamics of this conflict and reconstruct its resolution from the perspective of Islamic jurisprudence. The research used a qualitative case-study approach, employing observation, interviews, and documentation. The results show that the conflict was not solely caused by differences in Islamic jurisprudence of worship, but also by weak organizational communication, a low understanding of the principles of Islamic jurisprudence (ikhtilaf), and the absence of a participatory deliberation mechanism. From the perspective of Islamic jurisprudence, this conflict is categorized as ikhtilaf Tanawwu' (Tanawwu'), which should be managed with the principles of Tasamuh (tasamuh), deliberation, and an orientation towards the welfare of the community. This research contributes conceptually by designing a framework for mosque conflict fiqh based on the principle of Maqasid Al Syari'ah as a model for conflict resolution in contemporary religious institutions, thereby enriching social fiqh in the context of modern mosque management.
Co-Authors Repo , Nora Ulum , Miftahul