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Articles 10 Documents
Search results for , issue "Vol. 14 No. 1 (2023): June 2023" : 10 Documents clear
Jinayat dalam Kasus Penganiayaan Santri Gontor hingga Meninggal Dunia dalam Lingkup Pendidikan Aisyah Salsabilla; Hanung Wijayanti; Erlina Nur Khasanah
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1303

Abstract

The human soul and blood are one of things that highly guarded in Islamic law. The recent rise in murder cases caused by the lack of strict laws and the lack of society knowledge about how its important for us to take care of our lives. So, by attracting case that highlighted by the public, this research will attract readers to find out more. This research will give more contribution because the case being discussed will encourage readers to learn more about jinayat. This is what the author does because regarding the Jinayat that raised by the author, is a type of jinayat in the form of persecution in the educational scope which ends in mortlity. Then, this jinayat is inseparable from its punishment, namely “qishash,” which has also been agreed by scholars in this case. Or by paying “diyat” and “kaffarat” because this kaffarat is the right of Allah SWT. This research uses library research with journals as primary data sources and also books, newsletters, and other supporting journals as secondary data sources. The results of this study are the need for strict laws in jinayat cases, especially in cases of persecution, especially in the educational sphere. Where is the scope of education that should provide security and comfort for students when studying, bullying or seniority cases seem to be a natural thing. If this is allowed, apart from damaging the image of an educational institution, it will also make this something permissible. If it is considered as a natural thing, many rights will be taken away.
Penggunaan Wasiat Wajibah bagi Ahli Waris Beda Agama Perspektif Hukum Islam Fitriyaningsih Marfuah; Nurul Afifah; Ziadatus Salamah
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1305

Abstract

The purpose of this research is to find out about the law on the distribution of inheritance to heirs of different religions in Islam. This study uses library research methods with a case study approach. The focus of this research is in the form of research in the form of the legal concept of fiqh mawaris regarding the division of inheritance. The results of this study indicate that: the law on the distribution of inheritance to heirs of different religions through the intermediary of the obligatory testament is valid based on the decision of the Supreme Court Number 368K/AG/1995 which has been developed from Islamic Compilation Law.
Konflik dalam Keluarga Modern dan Akar Permasalahannya Maudy Fathia; M. Ibrahim Aziz; Ais Surasa
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1339

Abstract

The family is a group of people who join together as one because of blood ties and kinship. The more members of his family the more opinions will be raised. Families are vessels for shelter, protection, spilling love and sharing all sorrows as well. In the digital age, many families are contaminated by constant change and circumstances. That’s when each opinion of the family members will clash, even tear each other down. It cannot be avoided by anyone because anyone is obliged to resolve it. This research is library research, which is a study that uses literature by studying books, books, and other sources of information that have relevance to the scope of the discussion. The results show that conflicts in modern families occur due to several things, namely childcare patterns, family economy, and unequal domestic burdens. The lack of communication space between family members is also a cause of conflict in the family.
Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb) Febrian Batubara; Hermanto Harun; Ahmad Nazori; Samsul Hadi J; Retno Kusuma Wardani; M. Yusuf
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1348

Abstract

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”
Kelebihan Pembayaran di SPBU dalam Kajian Filsafat Hukum Islam Helmi Yusnita; Busyro Busyro
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1376

Abstract

­Fuel oil (BBM) for vehicles can be obtained at the Public Fuel Filling Station (SPBU) closest to the sale and purchase transaction, filling is done according to the buyer's wishes. Payments are made according to the nominal value shown on the gas station monitor screen, but it often happens that payments are made in excess of what is shown on the gas station monitor. This research aims to explain the philosophical study of Islamic law regarding excess payments at gas stations, which exceed the bills that are monitored at gas stations. This research uses library research with the main data coming from journals, books, and the internet. Data collection was carried out by reading and grouping according to the themes discussed, then analyzed using descriptive, inductive theory and presenting it in writing. The research results show that philosophically in Islamic law, excess payments at gas stations are at the hajiyah level. Because it is done to make transactions easier and less difficult at the gas station.
Jinayat dalam Kasus Penganiayaan Santri Gontor hingga Meninggal Dunia dalam Lingkup Pendidikan Salsabilla, Aisyah; Wijayanti, Hanung; Khasanah, Erlina Nur
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1303

Abstract

The human soul and blood are one of things that highly guarded in Islamic law. The recent rise in murder cases caused by the lack of strict laws and the lack of society knowledge about how its important for us to take care of our lives. So, by attracting case that highlighted by the public, this research will attract readers to find out more. This research will give more contribution because the case being discussed will encourage readers to learn more about jinayat. This is what the author does because regarding the Jinayat that raised by the author, is a type of jinayat in the form of persecution in the educational scope which ends in mortlity. Then, this jinayat is inseparable from its punishment, namely “qishash,” which has also been agreed by scholars in this case. Or by paying “diyat” and “kaffarat” because this kaffarat is the right of Allah SWT. This research uses library research with journals as primary data sources and also books, newsletters, and other supporting journals as secondary data sources. The results of this study are the need for strict laws in jinayat cases, especially in cases of persecution, especially in the educational sphere. Where is the scope of education that should provide security and comfort for students when studying, bullying or seniority cases seem to be a natural thing. If this is allowed, apart from damaging the image of an educational institution, it will also make this something permissible. If it is considered as a natural thing, many rights will be taken away.
Penggunaan Wasiat Wajibah bagi Ahli Waris Beda Agama Perspektif Hukum Islam Marfuah, Fitriyaningsih; Afifah, Nurul; Salamah, Ziadatus
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1305

Abstract

The purpose of this research is to find out about the law on the distribution of inheritance to heirs of different religions in Islam. This study uses library research methods with a case study approach. The focus of this research is in the form of research in the form of the legal concept of fiqh mawaris regarding the division of inheritance. The results of this study indicate that: the law on the distribution of inheritance to heirs of different religions through the intermediary of the obligatory testament is valid based on the decision of the Supreme Court Number 368K/AG/1995 which has been developed from Islamic Compilation Law.
Konflik dalam Keluarga Modern dan Akar Permasalahannya Fathia, Maudy; Aziz, M. Ibrahim; Surasa, Ais
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1339

Abstract

The family is a group of people who join together as one because of blood ties and kinship. The more members of his family the more opinions will be raised. Families are vessels for shelter, protection, spilling love and sharing all sorrows as well. In the digital age, many families are contaminated by constant change and circumstances. That’s when each opinion of the family members will clash, even tear each other down. It cannot be avoided by anyone because anyone is obliged to resolve it. This research is library research, which is a study that uses literature by studying books, books, and other sources of information that have relevance to the scope of the discussion. The results show that conflicts in modern families occur due to several things, namely childcare patterns, family economy, and unequal domestic burdens. The lack of communication space between family members is also a cause of conflict in the family.
Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb) Batubara, Febrian; Harun, Hermanto; Nazori, Ahmad; J, Samsul Hadi; Wardani, Retno Kusuma; Yusuf, M.
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1348

Abstract

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”
Kelebihan Pembayaran di SPBU dalam Kajian Filsafat Hukum Islam Yusnita, Helmi; Busyro, Busyro
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1376

Abstract

­Fuel oil (BBM) for vehicles can be obtained at the Public Fuel Filling Station (SPBU) closest to the sale and purchase transaction, filling is done according to the buyer's wishes. Payments are made according to the nominal value shown on the gas station monitor screen, but it often happens that payments are made in excess of what is shown on the gas station monitor. This research aims to explain the philosophical study of Islamic law regarding excess payments at gas stations, which exceed the bills that are monitored at gas stations. This research uses library research with the main data coming from journals, books, and the internet. Data collection was carried out by reading and grouping according to the themes discussed, then analyzed using descriptive, inductive theory and presenting it in writing. The research results show that philosophically in Islamic law, excess payments at gas stations are at the hajiyah level. Because it is done to make transactions easier and less difficult at the gas station.

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