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Asep Ubaidillah
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Qonuni: Jurnal Hukum dan Pengkajian Islam
Published by Institut PTIQ Jakarta
ISSN : 2963217X     EISSN : 27980456     DOI : https://doi.org/10.59833/qonuni
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Qonuni: Jurnal Hukum dan Pengkajian Islam focuses on Islamic law and presents developments through the publication of articles and research reports. Scope Qonuni: Jurnal Hukum dan Pengkajian Islam specializes in Islamic law and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. • Islamic Family law • Islamic criminal law • Islamic economy law • Islamic constitutional law • Islamic law and gender • Islamic law and society • Islamic law and politics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Keluarga Sakinah dalam Perspektif Fiqih Sunnah Sayyid Sabiq Andi Iswandi; Fathur Rohman
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 2 No. 02 (2022): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v2i02.1023

Abstract

The concept of Sakinah according to Sayyid Sabiq is that by marrying which is recommended by Islam, for the sake of his survival, humans do what is within them, namely in the form of fitrah. Sakinah family is the hope of every couple after the wedding, it needs to be prepared since the bridal couple wants to carry out the wedding. Apart from that, in marriage, women are protected from men who lust after her. By forming a marriage there is also the love of a father and mother, therefore both parents teach their children well. Allah SWT blesses marriage like this and is dreamed of by every believer so that he can create a sakinah, mawaddah and warahmah family. Things that must be prepared from a small part in marriage to lead to a sakinah family such as, the bridal couple has mature thoughts for marriage, both physically and mentally, understands the rights and obligations between husband and wife, has sufficient economy, and understands the importance of home the sakinah ladder and the problems that will be passed after the wedding. The ways to choose a life partner are: (1) Have a good environment, (2) A wife who can have children, (3) Get peace when looking at her, (4) Virgins are preferred, and (5) marry someone equal to herself. Promoting harmony in the household, namely: rights and obligations between husband and wife and together.
Analisis Pelaksanaan Permenkominfo No. 5/2020 terhadap Pasal 28f/1945 dan Maqashid Syariah Nurul Fadillah; Rusdi Hamka Lubis
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 2 No. 02 (2022): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v2i02.1024

Abstract

This study aims to analyze the implementation of the Regulation of the Minister of Communication and Informatics Number 5 of 2020 concerning Private Electronic System Operators against Article 28F of the 1945 Constitution of the Republic of Indonesia concerning the right to obtain information and how the views of the concept of maslahat in maqashid sharia relate to the implementation of these regulations. This regulation has the main focus of requiring all electronic system operators, both local and foreign, operating in Indonesia to register with the government. If you do not register, the government will terminate access to the electronic system in question. This has been proven a few months ago, where the government has cut off access to several digital platforms that have not registered, such as paypal, yahoo, epic games, steam, DOTA games, CS games, and origin (EA), even though they will be reopened in the future. because it drew a lot of criticism from citizens for the termination of access. So that the implementation of this regulation is still considered less effective. The method used in this study is a literature review and a normative juridical approach to answering problems based on a scientific perspective. The results of this study indicate that there is conformity in the implementation of Minister of Communication and Information Regulation Number 5 of 2020 with the concept of Maqasid Syariah, even though the fulfillment of information rights for citizens has not been fully fulfilled in several aspects.
Perlakuan terhadap Tawanan Perang dalam Hukum Humaniter Internasional dan Hukum Islam Ali Zainal Abidin
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v3i01.1161

Abstract

In war, those who become prisoners of war must act as individuals as referred to in the 1949 Geneva Convention III. Meanwhile, according to Article 5, if there is doubt about the status of someone who is at war and falls into his hands. Enemy, that person must remain in custody until his status is determined by a court of competent jurisdiction. In Islam, the rules of Islamic warfare refer to what the Islamic scholars accept in sharia (Islamic law) and fiqh (Islamic law) as laws in Islam that Muslims must follow when fighting each other. Especially in the treatment of prisoners of war and the process of protecting their rights through law. This study uses the standard legal method in which the author examines the provisions of international law and examines all crimes committed by the military against war prisoners of enemy countries. Outside the Abu Ghraib prison, Iraq, which is currently associated with the rights contained in Islamic law. The data collection method in this study uses survey data. There are similarities and principles in the treatment and protection of prisoners of war according to humanitarian law and Islamic law, namely the provisions regarding prisoners of war in Islamic law are in line with the Geneva Convention III of 1949 and Additional Convention I of 1977 which recognize that respect, security guarantees for prisoners of war, and medical care for prisoners of war. According to the principles of management of prisoners of war in the Qur'an, particularly in sura al-Baqarah verse (190) as three principles of international humanitarian law.
Komparasi Studi Fenomenologi dalam Penyelesaian Sengketa Harta Warisan Ditinjau dari Perspektif Kompilasi Hukum Islam dan Undang-Undang Perkawinan di Indonesia Andi Iswandi
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v3i01.1162

Abstract

This study compares the phenomenological approach in resolving inheritance disputes, with a focus on the views of the Compilation of Islamic Law and the Marriage Law in Indonesia. This study uses the phenomenological method to explore the experiences and meanings given by individuals or groups regarding the settlement of inheritance disputes. The results showed that the majority of participants had a strong understanding of the provisions of Islamic law and marriage laws in the context of inheritance distribution. They tend to believe that resolving inheritance disputes based on Islamic law is fairer than civil law. The role of the mediator is considered very crucial, and participants feel it is important to make settlement procedures more accessible and understandable to the community. The conclusion of this study shows that a strong understanding of Islamic law and marriage laws can affect the outcome of inheritance dispute resolution. Furthermore, giving the role of mediator and efforts to increase accessibility and public understanding of settlement procedures can increase the effectiveness of resolving inheritance disputes in Indonesia. This research provides additional insight into the dynamics of resolving inheritance disputes in the context of Islamic law and civil law in Indonesia.
Konsekuensi Hukum Kekerasan dalam Rumah Tangga terhadap Tingkat Perceraian: Perspektif Hukum Islam dan Positif Asep Ubaidillah
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v3i01.1163

Abstract

This research discusses "The Legal Consequences of Domestic Violence on Divorce Rates" by considering Islamic and positive legal perspectives in the Tangerang City Religious Courts. Qualitative research methods with a case study approach are used to understand the complex phenomenon of domestic violence and divorce in more depth and contextually. Data was collected through interviews with the parties involved, including divorce applicants, domestic violence victims, Religious Court judges, and lawyers. Data was also obtained from legal documents related to domestic violence and divorce cases. The research results reveal the main conclusions. First, factors causing domestic violence include weak mental quality, lack of religious values, low education, an unsupportive family environment, and lack of moral values. Second, the role of the family environment in shaping a person's behavior, especially children, is in the spotlight. An abusive and aggressive family environment can contribute to similar behavior in domestic relationships as an adult. This research provides a deeper understanding of the impact of domestic violence on divorce and illustrates the complexity of this issue in the context of Islamic and positive law.
Pembatalan Pernikahan Akibat Penipuan Identitas Poligami Helmi Yusuf
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v3i01.1164

Abstract

This research examines cases of marriage annulment due to polygamous identity fraud in the Religious Court of Bandung. The study aims to analyze the considerations and legal basis of the Bandung Religious Court in deciding first-instance, appellate, and cassation cases related to the annulment of marriages due to polygamous identity fraud. The research method used is document analysis based on court decisions related to such cases. The data analyzed include the judges' considerations, legal foundations, and factors influencing the court's decisions. The findings reveal that the Bandung Religious Court considers aspects such as the validity of the marriage, the domicile of the parties involved, witness testimonies, and the timing of the annulment request. The legal basis referred to includes Article 73 letter d of the Compilation of Islamic Law and Article 27 paragraph 3 of Law No. 1 of 1974. On the other hand, the appellate and Supreme Courts consider the presence of mediators and the social implications of marriage annulment.
Persepsi Dosen Universitas PTIQ Jakarta Dzulfatah Yasin
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v3i01.1165

Abstract

This research aims to analyze the views of students from the College of Quranic Sciences (PTIQ) in Jakarta regarding polygamy in the context of religion and culture in Indonesia. The study adopts a qualitative approach by conducting a literature review and interviews with students from the mentioned college. The analysis reveals two dominant perspectives, those who support and those who reject polygamy. Some students perceive polygamy as a legitimate option within the teachings of Islam and specific contexts, while others reject it on the grounds of gender equality and the protection of women's rights. Moreover, the understanding of polygamy is also influenced by cultural factors, social environments, and personal experiences of the students. This research contributes to the existing literature on the views towards polygamy in Indonesia and aligns with previous studies that show how social, cultural, and religious factors influence perspectives on polygamy. In conclusion, students from the College of Quranic Sciences (PTIQ) in Jakarta hold complex views on polygamy within the framework of religion and culture in Indonesia. In addressing such a sensitive issue, a holistic approach is necessary to comprehend the factors influencing attitudes and perspectives towards polygamy. The findings of this research are expected to provide new insights and a deeper understanding of the dynamics of views on polygamy, serving as a foundation for further discussions within the realms of religion, culture, and society in Indonesia.
Uang Panai di Maros: Perspektif Hukum Adat dan Fiqih Muhammad Sholeh
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 01 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v3i01.1166

Abstract

This research aims to analyze the views of students from the College of Quranic Sciences (PTIQ) in Jakarta regarding polygamy in the context of religion and culture in Indonesia. The study adopts a qualitative approach by conducting a literature review and interviews with students from the mentioned college. The analysis reveals two dominant perspectives, those who support and those who reject polygamy. Some students perceive polygamy as a legitimate option within the teachings of Islam and specific contexts, while others reject it on the grounds of gender equality and the protection of women's rights. Moreover, the understanding of polygamy is also influenced by cultural factors, social environments, and personal experiences of the students. This research contributes to the existing literature on the views towards polygamy in Indonesia and aligns with previous studies that show how social, cultural, and religious factors influence perspectives on polygamy. In conclusion, students from the College of Quranic Sciences (PTIQ) in Jakarta hold complex views on polygamy within the framework of religion and culture in Indonesia. In addressing such a sensitive issue, a holistic approach is necessary to comprehend the factors influencing attitudes and perspectives towards polygamy. The findings of this research are expected to provide new insights and a deeper understanding of the dynamics of views on polygamy, serving as a foundation for further discussions within the realms of religion, culture, and society in Indonesia.
Partisipasi Perempuan dalam Pemilu 2024: Komparasi Perspektif Hukum Keluarga Islam dan Feminisme Helmi Yusuf
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 2 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v3i2.1658

Abstract

This research examines women's participation in the 2024 General Election by comparing the perspectives of Islamic family law and feminist theory. In the context of the 2024 General Election, women still face various obstacles hindering their participation in the political process. This study utilizes library research methods to gather and analyze relevant literature from various sources. Findings from previous research indicate that women's representation in parliament remains low, with cultural factors, religious stigma, and political structures being major barriers. However, affirmative action policies have successfully increased the number of women in parliament. The research also reveals that Islamic family law plays a significant role in shaping women's participation through aspects such as marriage, inheritance, and roles within the family. On the other hand, feminist theory provides insights into the importance of gender equality in political participation and critiques gender bias in social, cultural, and legal structures. By integrating perspectives from Islamic family law and feminist theory, this research aims to identify gaps in understanding related to women's participation in the 2024 General Election and design holistic solutions to enhance women's participation in the political process in Indonesia.
Resolusi Konflik Keluarga Perspektif Teori Murray Bowen dan Jay Halley: Studi Kasus Masyarakat Sumatera Utara dengan adat “Dalian Na Tolu” Muhammad Sholeh
Qonuni: Jurnal Hukum dan Pengkajian Islam Vol. 3 No. 2 (2023): Qonuni: Jurnal Hukum dan Pengkajian Islam
Publisher : Prodi Ahwal Syakhsiyah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/qonuni.v3i2.1659

Abstract

This study investigates the understanding of Islamic family law in urban communities in North Sumatra, focusing on the areas of Medan and its surroundings, Mandailing Natal, Padangsidimpuan, Sibolga, and Tarutung. A qualitative approach was used to gain an in-depth understanding of how factors such as education level, local culture, access to information, and religious influence affect this understanding. The results show variations in the understanding of Islamic family law in these areas, with a stronger understanding observed in Mandailing Natal, followed by Padangsidimpuan, Sibolga, and Tarutung. Factors such as active religious institutions and strong local cultures play a significant role in shaping people's understanding of Islamic family law. Case studies highlight several family conflict issues that often arise. The study also relates findings to the theories of Murray Bowen and Jay Halley, illustrating how the concept of "Dalian Na Tolu" in Batak Toba and Mandailing cultures can be an important instrument in resolving family conflicts. The implications and recommendations of this study emphasize the importance of education, access to information, the role of religious leaders, and government policies in improving understanding and resolving family conflicts based on Islamic law in urban communities in North Sumatra.

Page 3 of 8 | Total Record : 72

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