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Nur Lailatul Musyafa'ah
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Ma'mal: Jurnal Laboratorium Syariah dan Hukum
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 27751333     EISSN : 27746127     DOI : 10.15642/mal
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Mamal Jurnal Laboratorium Syariah dan Hukum covers various issues on interdisciplinary Syariah and Law from Islamic history, thought, law, politics, economics, education, to social and cultural practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 6 No. 1 (2025): February" : 5 Documents clear
Impact of Online Gambling on Domestic Violence from the Perspective of Islamic Criminal Law Nadha, Amina Qotrotun; Syafaq, Hammis
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 1 (2025): February
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v7i1.426

Abstract

The phenomenon of online gambling is increasing in Indonesia and has a serious impact on household stability, one of which is domestic violence (KDRT). This study aims to analyze the criminal acts of online gambling that cause domestic violence from the perspective of Islamic criminal law. This research employs a normative conceptual approach. Data is collected through literary studies, specifically by gathering information from laws and regulations, books, and journal articles. The results of the survey show that online gambling can cause economic dysfunction and emotional stress in the family, which has a direct impact on increasing domestic conflicts, even physical and psychological violence. From the perspective of Islamic criminal law, the practice of gambling is jarīmah māliyah that damages the family maintenance structure, while domestic violence is classified as jarīmah nafsiyyah. The treatment of the perpetrator can be through the sanction of ta‘zīr, and in the case of physical injury, diyah can be used as a form of compensation and recovery of the victim. This research offers an integrative approach between sharia norms and social policies in responding to domestic violence due to online gambling, as well as encouraging synergy between the state, society, and religious institutions in family protection.
Utilizing Blockchain Technology to Prevent Corruption in Indonesia: Between Opportunities and Challenges Jadida, Hayyina; Shavia, Andina Najma; Izza, Shofi Robiatul
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 1 (2025): February
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v7i1.429

Abstract

Abstract: Corruption is a criminal act that hurts economic, political, and public service development. Corruption remains a challenging issue to eradicate, despite various efforts, due to its complex and systemic nature. Blockchain technology is an innovation that offers transparency, decentralization, and resistance to manipulation, with the potential to serve as a solution in preventing corruption. This research investigates the application of blockchain technology in combating corruption in Indonesia. The research is juridical-normative research with a legislative approach. The collected data was analyzed descriptively. The study results indicate that blockchain technology can enhance accountability and mitigate loopholes for corrupt practices by providing a transparent and decentralized system for recording transactions. However, blockchain implementation still faces challenges, such as limited infrastructure, immature regulations, and a lack of understanding of this technology. Therefore, supportive policies, investment in digital infrastructure, and increased technological literacy are needed to ensure optimal use of blockchain in preventing corruption crimes.
Fatwa of Dar al-Ifta’ al-Mishry and Dairah al-Ifta’ al-’Am al-Urduniyyah on Childfree in Marriage Farah Abida, Rossana; Rohadatul Aisyah, Nabilah; Tussa'banniya, Nabila; Lailatul Musyafa’ah, Nur
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 1 (2025): February
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v7i1.435

Abstract

Among the purposes of marriage in Islam is to have offspring. However, currently, many married couples do not want to have children in their marriage, which is called childfree. This has sparked debate among scholars, including those from Egypt and Jordan. This article examines the fatwa of the scholars of Egypt’s Dar al-Ifta’ and Jordan’s Da’irah al-Ifta’ al-’Am on the law of childfree. This research employs a normative law approach with a conceptual orientation. Data was collected through a library search of fatwas, books, and journal articles that discuss the childfree. The collected data was analyzed using comparative analysis. The study found that Egypt’s Dar al-Ifta’ states that married couples are allowed to choose not to have children if there are valid syar’i reasons, such as health risks or inability to care for children properly. This decision must be mutually agreed upon by both spouses and serve the best interests of the family, drawing an analogy with the decision on ‘azl (coitus interruptus). In contrast, Jordan’s Da’irah al-Ifta’ al-’Am expressly prohibits child-free decisions, as it is contrary to the purpose of marriage in Islam, especially hifz al-nasl. It is based on the hadith and the Jordanian Personal Status Law, which states that childbearing is one of the primary purposes of marriage. The study recommends raising awareness of this childfree issue through in-depth studies and broader discussions among scholars and the public.
Constitutionality of Regional Head Election Campaigns on Campus Based on Constitutional Court Decision Number 69/PUU-XXII/2024 Rohmah, Elva Imeldatur
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 1 (2025): February
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v7i1.438

Abstract

The Constitutional Court Decision Number 69/PUU-XXII/2024 marks a significant shift in Indonesia's electoral democracy landscape by allowing regional election campaigns to be conducted on university campuses, provided certain conditions are met. This decision has sparked new discourse concerning academic freedom, students' political rights, and the principle of institutional neutrality in higher education. This study aims to examine the constitutionality of regional election campaigns on campus based on the Constitutional Court Decision Number 69/PUU-XXII/2024, while also analyzing the practical challenges of its implementation. Using a normative juridical method with statutory and conceptual approaches, the study finds that the Court acknowledges the constitutional rights of the academic community to access political education and actively participate in democratic processes. However, the potential for unequal campaign access, concerns over campus neutrality, and the absence of detailed technical regulations pose serious implementation challenges. Furthermore, the principle of academic neutrality must be upheld to ensure that higher education institutions remain spaces for scholarly dialogue, not arenas for political contestation. Therefore, it is recommended that the General Elections Commission (KPU) and higher education institutions promptly formulate technical guidelines for on-campus campaigning to safeguard equality, neutrality, and academic integrity. Additionally, the role of students as agents of deliberative democracy should be strengthened through political literacy and open dialogue grounded in academic values
Implementation of the Principle of Res Judicata Pro Varitate Habetur in the Constitutional Court Decision Number 90/PUU-XXI/2023 Riyah, Barokatun Nuris Syah
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 1 (2025): February
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v7i1.442

Abstract

The principle of res judicata pro varitate habitur is a principle that explains that the judge's decision must be considered correct before there is a higher judge's decision to annul it. However, this principle is difficult to apply to the Constitutional Court's ruling, whose decision is considered final and binding, without a mechanism for correction. This condition raises concerns, particularly in the Constitutional Court's decision, which is regarded as flawed; therefore, this study is essential for formulating the limits of applying this principle in Constitutional Court Decision No. 90/PUU-XXI/2023. This research employs a normative legal approach, incorporating legislative, conceptual, and case studies. Research data was obtained from literature studies in the form of laws, rulings, books, research, and journal articles. The collected data is analyzed deductively. The results of the study explain that the principle of Res judicata pro varitate habitur cannot be applied if it is proven that there is an excess of authority between state institutions in Indonesia. The Constitutional Court's decision Number 90/PUU-XXI/2023 regarding the age limit for presidential and vice presidential candidates is considered problematic because it is formally considered flawed, one of its judges is proven to have violated the code of ethics, and is substantially considered to exceed the authority of the Constitutional Court as a negative legislator by creating a new norm that should be the realm of open legal policy House of Representatives. Because the reconstruction of legislation in Indonesia is necessary to regulate in a clear and measurable way extraordinary conditions that allow exceptions to the principle of Res judicata in the decisions of the Constitutional Court in order to maintain a balance between legal certainty.

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