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Journal of Sharia and Legal Science
Published by CV. Doki Course and Training
ISSN : 29887119     EISSN : 2987601X     DOI : https://doi.org/10.61994/jsls
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family law, Islamic economic law, business law, civil law, Islamic constitutional law, constitutional law, international law, environmental law, agrarian law, law state administration, customary law, human rights. It is published three times a year, in April, August and December. There are two version of publication; print out (p) with ISSN: 2988-7119 and electronic (e) with ISSN Online: 2987-601X.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 83 Documents
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Penegakan Hukum terhadap Tindak Pidana Penelantaran Anak di Kepolisian Resor Kota Besar Palembang dalam Perspektif Hukum Pidana Islam Ike Vuspasari; Ema Fathimah; Muhammad Sadi Is
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.2182

Abstract

Child protection is an important indicator of a state based on the rule of law, but child neglect still occurs in various regions, including Palembang City. This study aims to analyze the implementation of law enforcement against child neglect crimes in the Palembang City Police Resort and its compliance with the principles of Islamic criminal law. The method used is empirical juridical with a qualitative approach through interviews with the Women and Children's Service Unit of the Palembang City Police and analysis of legal documents. The results of the study indicate that law enforcement is carried out through two approaches: penal through investigation and inquiry, and non-penal through counseling, education, and cross-sectoral cooperation. Child neglect is understood multidimensionally, encompassing physical, educational, emotional, and health factors influenced by economic factors, family dysfunction, and low parenting capacity. From the perspective of Islamic criminal law, this strategy is in line with the objectives of maqāṣid al-syarī‘ah, especially ḥifẓ al-nafs, ḥifẓ al-‘aql, and ḥifẓ al-nasl. Child neglect is a form of ta'zir crime, the handling of which is not only repressive but also educational and preventive, based on the principle of sadd al-dharī'ah. This research confirms that the effectiveness of law enforcement is not only measured by the number of cases, but also by the legal system's ability to protect children's rights in accordance with public welfare values. Strengthening synergy between the police, local governments, and child protection agencies, as well as the development of sharia-based standard operating procedures (SOPs), is needed.
Pertanggungjawaban Pidana Praktik Kebidanan Tanpa SIP dalam Perspektif Hukum Pidana Islam Nova Safitri; Romziatussa'adah Romziatussa'adah; Sarkowi Sarkowi
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.2188

Abstract

Practicing midwifery without a Practice License (SIP) is not only an administrative violation but can also be a criminal offense if accompanied by medical actions that result in harm to the patient. In such circumstances, the perpetrator can be held criminally liable in accordance with applicable legal provisions. One interesting case to study is Decision Number 1528/Pid.Sus/2024/PN Plg, which sentenced a midwife for practicing without a SIP, resulting in the victim experiencing Stevens-Johnson Syndrome and loss of vision. This study aims to analyze the form of criminal liability in this decision and examine it from the perspective of Islamic criminal law. This research is a normative legal research using a statutory approach, a case approach, and a conceptual approach. Data were obtained through a literature review of laws and regulations, court decisions, scientific literature, and sources of Islamic law, then analyzed qualitatively using prescriptive analysis techniques. The results of the study indicate that criminal liability in Decision Number 1528/Pid.Sus/2024/PN Plg is based on the fulfillment of the elements of an unlawful act, error in the form of negligence (culpa), the ability to be responsible, a causal relationship between the defendant's actions and the losses experienced by the victim, and the absence of justification or excuse. From the perspective of Islamic criminal law, the defendant meets the requirements as a mukallaf and his actions are qualified as jarimah al-khaṭa'. The punishment imposed can be understood as a form of ta'zīr that is in line with the objectives of maqāṣid al-syarī'ah, especially the protection of life (ḥifẓ al-nafs), so that the decision not only guarantees legal certainty, but also supports the protection of patient safety as part of the public interest.
Aplikasi Menara Masjid dan Pengumpulan Zakat pada BAZNAS Kota Palembang: Kajian Hukum Ekonomi Syariah Dea Widya Feranita; Legawan Isa
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.2189

Abstract

Digitalization of zakat management is one of the efforts to increase the effectiveness, efficiency, transparency, and accountability of zakat fund collection. One of the innovations developed by the National Zakat Agency (BAZNAS) is the Menara Masjid Application as a digital-based zakat collection medium. This study aims to analyze the mechanism of using the Menara Masjid Application in zakat fund collection at BAZNAS Palembang City and review it from the perspective of Sharia Economic Law. This study uses an empirical juridical method with a qualitative approach. Data were obtained through observation, interviews, documentation, and literature studies, then analyzed descriptively qualitatively. The results show that the Menara Masjid Application makes it easier for the community to pay zakat and supports more systematic, transparent, and accountable recording. However, its implementation is not optimal due to still being hampered by low digital literacy of the community, limited manager competence, unequal use of the application, and network and system disruptions. From the perspective of Sharia Economic Law, the use of the Menara Masjid Application is in accordance with the principles of justice, trust, maslahah, transparency, and accountability because it provides convenience without conflicting with sharia provisions. This research contributes as a basis for strengthening digital zakat governance that is more effective and in accordance with the principles of Islamic Economic Law.

Page 9 of 9 | Total Record : 83

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