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AL-Daulah
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 2303050x     EISSN : 25805797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan (Al-Daulah : Journal of Criminal Law and Constitution) focuses on areas in Islamic Criminal and Constitution Law.
Arjuna Subject : -
Articles 12 Documents
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Search results for , issue "Vol 12 No 1 (2023): (June)" : 12 Documents clear
POSSIBILITY OF CONDUCTING IJMA'I CONSENSUS IN MODERN TIMES Mawardi, Muhammad Mawardi DJ.
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 12 No 1 (2023): (June)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.vi.38452

Abstract

Classical Muslim jurists unanimously had provided rulings for many pre-modern religious and mundane issues of Muslims in the past. However, many other classical issues have not been soved this way. Rather, different opinions of different schools of law regarding them have been continuing until today. On the other hand, different type of new human problems and issues have been emerging everyday from the onset of modern time. Since Islam is considered to be a complete and continuing code of life, it should be able to provide solutions and rulings for these new issues. Likewise, in order to maintain harmony and unity of the society, there should be some continuous ways to reduce differences among Muslim jurists. Among others, ijma'ic consensus is deemed to be a source of law and way to remove such disagreements and to deduct new rulings for the issues mentioned above. The purpose of this paper is to investigate whether ijma'i consensus is possible to be conducted at present, in order to reach this objective, the researcher would critically discuss the arguments of both opponents and supporters of this possibility using classical and modern sources. This paper would be divided into five sections: definition of ijma', arguments of the opponents of conducting ijma' at present, arguments of the supporters of this idea, critical analysis of the arguments of both groups and preferring one opinion over the other, suggestions for how to conduct an ijma 'i consensus and implement its ruling at present.
Violation of The Law in The Case of Divorce Verstek Muzakir, Muzakir; Yazid, Imam; Nurcahaya, Nurcahaya
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 12 No 1 (2023): (June)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.vi.38982

Abstract

The research aims to answer the problem of legal violations in verstek divorce cases. This research is an empirical legal research with a qualitative approach, and data collection in this research uses observation, interview, and data analysis techniques. This research found that in verstek divorce cases, violations of the law can occur if there are violations of procedures or rights guaranteed by law in the divorce process. The following are some examples of legal violations that may occur in verstek divorce cases, namely violation of the rights of absent parties, non-compliance with procedural requirements, violation of the rights of absent parties in the decision, fraud or manipulation in the divorce process. Forms of violation of taklik talak which are used as reasons for filing for divorce, among others, leaving the wife for 2 consecutive years, not providing mandatory maintenance for 3 months, hurting the wife's body / body or, neglecting or not caring for the wife for 6 months or more. Keywords: Violations Law; Divorce; Verstek

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