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Siti Hadijah
Universitas Islam Negeri Sumatera Utara
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Implementation of the Concept of Islamic Criminal Responsibility in Indonesian Positive Law Humairaharahap; Diana Sri Utami; Siti Hadijah; Cintami Grece NR; M. Rahman Rizki
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i3.501

Abstract

The positive legal system of Indonesia is not in line with the idea of ​​accountability from Jinayah. Criminal responsibility according to Islamic criminal law is based on the awareness and intention of the perpetrator (mens rea) and proof of the unlawful act (actus reus), which is in line with the principles of sharia. The purpose of this study is to study how the concept of Islamic criminal responsibility can be applied to Indonesian law by considering the principles of justice, humanity, and uniformity in accordance with the country's constitution. The research method used is normative, by looking at various laws in Indonesia and reading literature on Islamic criminal law and its implementation in countries with Islamic law. The results of the study indicate that, although there are fundamental differences between Islamic law and Indonesian positive law, some elements of the concept of Islamic criminal responsibility can be exploited, especially in cases containing certain crimes such as qisas, diyat, and ta'zir. By considering Pancasila as the philosophical foundation of the state, these elements can be exploited. It is hoped that this implementation will help strengthen the national legal system by providing space for the religious values ​​that live in it.
Principles and Practices of Dowry in Law Islamic Marriage: Between Tradition and Modernity Siti Hadijah; Riza Aulia; Ilham Maulana; Prawira Putra Amanda
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 2 (2025): ISNU Nine Star September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i2.799

Abstract

This study examines the dynamics of dowry in Islamic marriage law, considering both traditional and modern aspects that influence its practice in contemporary society. Dowry, as a mandatory gift from a prospective husband to his prospective wife, has undergone various interpretations and adaptations over time. This study analyzes the legal basis of dowry in Islamic law, including the provisions of the Quran, Hadith, and the opinions of scholars, and explores how dowry practices have evolved in different socio-cultural contexts. The discussion covers the various forms of dowry, from traditional property to modern assets, and their implications for women's rights and gender equality in Islamic marriage. The results demonstrate flexibility in determining dowry, allowing for adaptation to contemporary socio-economic conditions while maintaining its spiritual essence as a symbol of commitment and respect for women. This study also identifies challenges in balancing traditional values with the demands of modernity and provides recommendations for harmonizing dowry practices in accordance with Sharia principles and the contemporary context.
Co-Authors Cintami Grece NR Diana Sri Utami Humairaharahap Ilham Maulana M. Rahman Rizki Prawira Putra Amanda Riza Aulia