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M. Ali Rusdi
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INDONESIA
DIKTUM: JURNAL SYARIAH DAN HUKUM
Published by Institut Agama Islam Negeri Parepare
ISSN : 16931777     EISSN : 25488414     DOI : https://doi.org/10.35905/diktum
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic Astronomy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 296 Documents
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Comparative Analysis of the Polygamy Regulations in Indonesia and Morocco Trigiyatno, Ali; Rahmawati, Dewi; Utomo, Purwoko; Mujadid
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i1.4885

Abstract

The purpose of this essay is to compare and comprehend the similarities and differences in the rules governing polygamy in the countries of Indonesia and Morocco. applying a normative strategy while also utilizing comparative research. Using secondary data sources and involving primary, secondary, and tertiary sources of legal information in the research process. Technique of analysis combined with content analysis. In light of this, the law in Morocco goes one step further in providing the wife the ability to create conditions or a marriage agreement, the objective of which is that she is not willing to be co-opted. Despite the fact that both parties subscribe to polygamy, the law in Morocco goes one step further. The court will not grant the spouse permission to remarry even if he expresses a desire to do so. In Indonesia, one does not find an explicit version of the same regulation. Aside from that, the legislation in Morocco seems to further scare men into not practicing polygamy by beginning the sound of various articles with the phrase "polygamy is prohibited if," and so on. This is done to discourage spouses from engaging in the practice. In spite of the fact that the law in Indonesia has a propensity to utilize forceful language, such as mandatory and must, etc. Learning about laws in other countries will broaden legal horizons in the future, especially when revising a law that requires amendments at some time. The benefit of this article is to know and understand the similarities and differences in the regulation of polygamy in Indonesia and Morocco. In addition, learning about laws in other countries will broaden legal horizons in the present.
A Critical Review on The Law of Cina Buta (Chinese Blind) According to Shaykh Abdul Qadir Bin Abdul Muthalib Al Mandili Al Indonesia Al Shafi'i Wardi, Syah; Arif, Zuhri
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i1.4954

Abstract

Through the fiqh ideas of Shaykh Abdul Qadir bin Abdul Muthalib Al Mandili Al Indonesi Al Syafi'i, which are found in his book Al-Asadul Ma'ar Liqatil Taisil Musta'ar: on China Buta Law, this research seeks to understand how the law of marriage with the phrase nikah cina blind works. Additionally, the authors proposed that the difficulty in this study is First, how Shaykh Abdul Qadir Bin Abdul Muthalib Al Mandili Al Indonesi saw China Buta Law from a fiqh perspective. Second, how is the law's application handled when there is a china blind legal issue. This research employed library research as the primary method of investigation. and use a qualitative strategy. This is so because word descriptions serve as both the data source and the research output in the research library. The findings of this study were drawn from a study of the book Al-Asadul Ma'ar Liqatil Taisil Musta'ar: On China Buta Law, which was conducted by Shaykh Abdul Qadir bin Abdul Muthalib Al Mandili Al Indonesi Al Syafi'i. Therefore, it can be stated that Sheikh Abdul Qadir rejected and forbade the practice of Chinese blind marriages by providing a very clear justification in this regard
Stagnation Criminal Law Enforcement Post Determination Change Omnibus Law Act Andini, Orin Gusta; Pradana , Syafa'at Anugrah; Gusreyna, Lisa Aprillia; Eriansyah, Surya
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i1.5067

Abstract

The purpose of this study is to investigate the application of criminal law following the determination of changes to the omnibus law and the influence such changes have on legal certainty. The study method that is being utilized is known as normative legal research, and it involves approaching the topic from legislative perspectives, conceptual perspectives, and case perspectives. According to the findings of the study, the process of criminal law enforcement has slowed down significantly in several areas where the omnibus law has made changes. This is true not only for cases that have recently taken place, but also for cases that are still in the stages of investigation and prosecution, which has led to a number of criminal cases not being resolved in court. This is due to the fact that the Omnibus Law has removed several criminal provisions from the previous law, including changing criminal sanctions to administrative sanctions. Furthermore, the Constitutional Court's decision on the Omnibus Law has never provided clarity on its application, which has caused criminal law enforcement to become stagnant. The word "stagnation" is synonymous with "bottleneck," "congestion," and "deadlock." After the stipulation of revisions to the Omnibus Law, there was a lull in the activity of criminal law enforcement, which resulted in the absence of legal certainty.
Review of the Az zari'ah Concept and Theory of Legal Effectiveness in PPPA Ministerial Regulation No. 5 of 2022 -, Rooby Pangestu Hari Mulyo
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i1.4950

Abstract

The presence of PPPA Regulation No. 5 of 2022 concerning Coordination Procedures for Monitoring the Implementation of Children is expected to help solve problems regarding violence against children that often still occur. However, in this Regulation there is a problematic Article, namely Article 30 which states that the Governor is appointed by the PPPA minister to be the head of the provincial child protection coordination team. Of course this will cause some problems that are most likely to occur. This paper tries to find out how adz-dzari’ah views Article 30 in PPPA Regulation No. 5 of 2022 and how effective PPPA Regulation No. 5 of 2022 is in an effort to provide protection for children. The results of this study are: first, in terms of adz-dzari’ah, article 30 should be abolished because it will cause mafsadah and must be avoided. Secondly, this candy has not been effective. The advice that can be given is: The government should be wiser in expressing word for word in a regulation. Furthermore, there is a discrepancy between several Articles, therefore it is important that this issue be studied in depth.
Breach of Contract in the View of Islamic law: A Case Study on the Partnership Agreements of Mini BRI-link Wamafma, Filep; Martha Sasea, Enni
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i1.5106

Abstract

As a banking industry, BRI has several financial services and products whose role is to satisfy the community's needs. Services and products provided by BRI include EDC Merchant machines, ATMs, E-Bangking, sales of third party products, such as Telkom products, PLN, credit cards and EDC mini BRI ATMs or BRILink Mobile. It is undeniable that sometimes there are some problems in the field such as defaults. Default is a form of negligence committed by one party that results in losses to the other party. This will be reviewed from Islamic Law using qualitative research methods with the research location located in Manokwari Regency, namely at the Manokwari Branch of the BRI Bank office (BRILink Section). In Indonesia itself, DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000 states that fines for consumers who are competent but unwilling to pay their debts are contained in the category of ta'zir that is allowed. As long as the status of the property is in the Yad Trust, the debtor is not obliged to compensate it for foreign causes
Legal Compliance of Islamic Philanthropic Institutions in Fulfilment of Children's Needs Abdullah, Muh Ruslan; Osman, Zaiton; Fasiha, Fasiha; Ridwan, Muhammad Saleh
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 2 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i2.6490

Abstract

The management of the Orphanage that does not obey the law results in the Orphanage being unable to meet the needs of food, drink, education, health and Safety. Meanwhile, the Orphanage is an action-oriented charity that doesn't just collect orphans and abandoned children. The problem of managing the Orphanage has become a worldwide concern because many research results have found that the Orphanage does not carry out child development activities and that the orphanage children experience criminal acts. This study aims to reveal orphanage managers' legal compliance in meeting the foster children's needs. This study uses a descriptive legal analysis method, field data sourced from empirical studies at a philanthropic institution, namely the Orphanage in Palopo, totalling eight institutions. Data analysis was carried out with a legal approach. Data were collected through observation and in-depth interviews. The study found legal compliance in meeting the needs of facilities, food, education and health; security looks very good at orphanages managed by religious, community or boarding school-based organisations, while the lack of legal compliance in meeting the needs of orphanages that are managed at home or individually because only meet the needs of housing and food. The lack of legal compliance that occurs in home-based orphanages is due to a lack of management resources, including funds, lack of government participation in coaching and supervision.
State of Nature in the Perspective of Fiqh Siyasah (A Comparison Study between the Thoughts of Al-Mawardi and Thomas Hoobes) Arake, Lukman
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i1.6772

Abstract

The concept of State of Nature is important in political theory because it helps us understand the origin of political authority and the role of government in society. The State of Nature refers to the hypothetical condition of human beings before or without political association. The analysis is about the comparison of Islamic and western views by using two figures, Al-Mawardi and Thomas Hobbes. This research aims to compare their opinion regarding the State of Nature from the perspective of Siyasah Syar’iyyah. This research uses a comparative approach and content analysis. This study discusses the critical analysis of Thomas Hobbes and Al-Mawardi's views on the concept of a state of nature. Thomas Hobbes conducted that the state of nature is the basic nature of humans who are suspicious of each other at war to find happiness or Hobbes calls it Homo humini lupus, which mean the state of the werewolf for other humans, in contrast to Al-Mawardi's view that humans are deliberately created as weak creatures so that they need interaction to help each other, humans are social creatures who need other people to survive. The research results show that Al-Mawardi and Thomas Hobbes have different views about the State of Nature. According to Al-Mawardi, humans are born in a good natural state, whereas according to Thomas Hobbes, humans are born in a bad natural state. Apart from that, Al-Mawardi argued that humans have rights that must be respected by the state, while Thomas Hobbes argued that humans must surrender their rights to the state for the sake of security and peace.
Dekonstruksi Pemaknaan Mualaf Sebagai Penerima Zakat di Indonesia Akmal Bashori; Sugitanata, Arif; Karimullah, Suud Sarim
DIKTUM: Jurnal Syariah dan Hukum Vol 22 No 1 (2024): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v22i1.5027

Abstract

This article addresses the underexplored issue of the neglect faced by Mualaf as zakat recipients post-prophethood, necessitating a contemporary deconstruction of the concept. The objective is to ensure that, despite editorial disparities, the essence of Mualaf aligns with fiqh mainstream. The method involves applying Jaques Derrida's deconstruction theory in a qualitative research framework. The results reveal that the deconstruction of contemporary Mualaf primarily intersects with praxis, emphasizing the awakening of individuals' hearts to rediscover their inherent human nature inclined towards goodness. The implications point to a reconstructed understanding of Mualaf, manifested in practical initiatives such as efforts to revive those ensnared in immoral activities, support mental rehabilitation for individuals affected by addiction, and contribute to the development of isolated communities or tribes in remote areas. This study sheds light on the transformative potential of reevaluating Mualaf in addressing societal challenges and advocates for a nuanced understanding in the discourse surrounding zakat recipients
Distinction of Inheritance of Parusah Land Rights in West Seram Regency, Province of Maluku Pikahulan, Rustam
DIKTUM: Jurnal Syariah dan Hukum Vol 22 No 1 (2024): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v22i1.5075

Abstract

According to some indigenous peoples in Maluku, the existence of Parusah land is not as a usufructuary but as their land given to them by the king or customary leaders. Inheritance of parosah land in West Seram Regency mostly uses a collective inheritance system, namely by being enjoyed together. This type of research is empirical juridical research, namely legal research related to the enactment or implementation of normative legal provisions in social life (law in action). This study aims to see how customary law works in society through the customs of indigenous peoples in the West Seram Regency, especially in the Parusah land inheritance system. Based on the results of the analysis, the researcher concluded that the inheritance of parosah land carried out by the people of West Seram Regency was customary inheritance law. The inheritance system of parosah land in Seram Part District depends on the family agreement after the parents have died or the will of the parents during their lifetime, so that the inheritance in the form of company land can be inherited by way of sharing, collectively, or by using the mayoral system.
Navigating Legal Boundaries: A Cross-Jurisdictional Comparison of Qanun Jinayat on Non-Muslims in Aceh and Brunei Darussalam Trini Hastuti, Luthfiyah
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 2 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i2.5339

Abstract

Qanun Jinayah, being a legal framework based on Islamic principles, must prioritize justice and be focused on safeguarding the rights of all citizens, especially the minority non-Muslims in Aceh. The objective of the essay was to conduct a comparative analysis of the criminal laws applicable to non-Muslims in Aceh Province and Brunei Darussalam. This paper's research employs the perspective of doctrinal law, which means that the law is formulated. The author employs legal hermeneutics through the application of grammatical interpretation, which involves analyzing the words in a law in accordance with the principles of language and grammar. The research indicates that application of criminal law is more extensive for non-Muslims in Aceh compared to Brunei. Non-Muslims in Brunei are subject to only two criminal statutes, namely adultery and khalwat. Meanwhile, in Aceh, crimes committed by non-Muslims encompass seven specific offenses, namely khamar (consumption of alcohol), maisir (gambling), khalwat (close proximity between unmarried individuals of opposite genders), ikhtilat (mixing of genders in public spaces), liwath (homosexual acts), musahaqoh (lesbian acts), and qadzaf (false accusation of illicit sexual relations). It is important to note that these seven offenses are not governed by the Criminal Code. However, the procedural legislation of Aceh Qonun Jinayat still requires more regulation to establish a process. The procedural law of Qanun Jinayat does not impose any limitations on the means by which non-Muslims might express their voluntary submission, nor does it specify the stage at which such a statement must be made. For non-Muslims, this criterion becomes a question of legal certainty.

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