Al-Mizan (e-Journal)

Fenomena Aliran Sempalan dalam Islam: Dinamika Sosiologis Eksistensi Ahmadiyah Qadian Indonesia Perspektif Fatwa dan SKB 3 Menteri

Abdurrahman Abubakar Bahmid, Kurniati Kurniati, Misbahuddin Misbahuddin — Sat, 24 Jun 2023 00:00:00 +0000

This research aims to understand the sociological phenomenon of splinter sects in Islam with the dynamics of the existence of the Qadian Ahmadiyah in Indonesia as the object of study. The growth of Islamic sects is part of social interaction and religious teachings that become a treasure of Islamic theological thought, such as Ahmadiyah. As a religious organization, the existence of Ahmadiyah, especially the Qadian sect, raises interesting sociological phenomena to be studied. Considering that each sect has a different social character at the beginning of its birth, so did the Ahmadiyah. sociologically Ahmadiyya is a portrait of the struggle of Islam in India with the theological character that surrounds it. This study is library research that aims to analyze the history of Islamic theological thought using a social approach. The existence of Ahmadiyah continues to generate pros and cons among Indonesian Muslims. The issuance of MUI Fatwa and SKB of 3 Ministers became the legitimization of Ahmadiyah's policy to be heretical and prohibited in Indonesia. The social impact is that the prohibition and misdirection of Ahmadiyah congregations have created a bad stigma in society. Until now, Ahmadiyah congregations and other Muslim communities still have unfavorable relations, often leading to conflict. However, not all regions in Indonesia are negative. Some areas have a positive environment towards the Ahmadiyah Congregation.

Eksistensi Hukuman Mati terhadap Kasus Pembunuhan Perspektif Hukum Pidana Indonesia dan Hukum Islam

Nurul Amalia Syahrullah Yulianto, Nur Mohamad Kasim, Erman I. Kasim — Fri, 30 Jun 2023 00:00:00 +0000

The death penalty is one of the issues that has pro and con views. This paper contains behaviours that cause death penalty sanctions and the application of the death penalty in Indonesia based on Indonesian criminal law and Islamic law. This paper is a normative legal research. The determination of this type of research is based on the consideration that the orientation of this study is more intended to find legal rules, legal principles and legal doctrines in order to answer the legal issues at hand. The results show that the death penalty is not in line with respect for human rights that must be respected and protected, while in Islamic teachings, if it occurs, the term qisas (retaliation in kind) is known, namely if someone kills, then the reply is also murder, but on the other hand the term forgiveness from the victim's family is known, so qisas is not applied.

Political Islam and Constitutional Change in Contemporary Indonesia

Mukrimin Mukrimin — Sat, 24 Jun 2023 00:00:00 +0000

This article examines how Islam and Indonesia's constitution interact. It shows Islam's complicated relationship with politics. It intends to analyze and investigate how religious beliefs and values influence political discourse and decision-making in various circumstances. It is hoped to shed new light on this critical and often controversial topic and help us comprehend the forces that influence our world by exploring Islam in modern political debates and conversations. Therefore, this article discusses the challenges between religious freedom and democracy in Indonesia. It also presents a detailed and analytical examination of the complicated and multi-faceted question of the future of Islam and constitutionalism in Indonesia, a country with a rich history and diverse culture. The finding of this study shows that political Islam and constitutional ideas affect Indonesia's political and social situation. Then this article seeks to illuminate Indonesia's future difficulties, possibilities, and outcomes through critical study.

Kawin Paksa dalam Praktek Rek Serek di Desa Katol Barat Kecamatan Geger Kabupaten Bangkalan

Nurul Mahmudah, Ja'far Shodiq, Syamsul Arifin — Sun, 25 Jun 2023 00:00:00 +0000

Forced marriage by the village head has apposed 26^th subsection in Peraturan Daerah (the Regional Regulation) Number 6 of 2014 concerning the Village that the village head has no authority of forcing the marriage and Article 6 paragraph (1) Law Number 1 of 1974 concerning Marriage that forbids marriage forced and must get agreement from brides. But this practice has been done for a long time ago and have supported by the societies of Katol Barat people. This research has been classified into field research. Used data is primary. The process of gathering data use the interview method. The data has been analyzed by descriptive qualitative method. Checking the validity of the data is done by using the technique of triangulation. The result of the research shows: (1) in the perspective of progressive law, marriage forced in the rek serek case is suitable with principles of progressive law, (2) in sadd al-dzari’ah perspective, marriage forced in the rek serek case is as mediation for behavior that has benefit. Because of that, the realization of it must be supported, and (3) a comparison between progressive law and sadd al-dzari’ah (prevent harm) includes the similarities and the differences. Progresif law and sadd al-dzari’ah have an equation to appear the benefit for people and go off the mainstream of laws. The difference between both is placed in the ontology, epistemology, and axiology area

Perlindungan Hak Jurnalis Terkait Ujaran Kebencian Perspektif Hukum Positif Indonesia

Fri, 30 Jun 2023 00:00:00 +0000

This study aims to analyze the protection of journalists' rights regarding hate speech in Law Number 19 of 2016 concerning Information and Transactions and the protection mechanisms regulated in Law Number 40 of 1999 concerning the Press. The research method used is the normative method with the Statute Approach approach and is processed using the legal hermeneutic method. The results of the study show that article 28, paragraph (3) regarding hate speech in the ITE Law is an article that has multiple interpretations and is prone to misuse. The ITE Law can also set aside the Press Law as a lex specialist in protecting journalists. Meanwhile, the Press Law has a mechanism for preserving the journalist profession, such as the right of reply, the right of correction, a Memorandum of Understanding between the Press Council and the Indonesian National Police, and dispute resolution through the Press Council. This research reveals that the ITE Law and the Press Law differ in protecting journalists' rights regarding hate speech.

Pertimbangan Hakim dalam Penetapan Dispensasi Nikah di Pengadilan Agama Bogor: Tinjauan Aspek Filosofis, Yuridis dan Sosiologis

Fitriyani, Sudirman L. — Sun, 25 Jun 2023 00:00:00 +0000

This study aims to find out the description of the case and the judge's considerations in determining the Bogor Religious Court with case Number 54/Pdt.P/2021/PA.Bgr. The research questions namely: 1) how is the case for dispensation of marriage at the Bogor Religious Court? 2) how to analyze the judge's considerations in determining the dispensation of marriage in terms of philosophical, juridical, and sociological aspects. This study uses a qualitative descriptive analysis method. Source of data using primary and secondary. Data collection techniques with interviews, observation, and documentation. This study uses a study of the theory of judges' considerations in the determination of religious courts, which has determined that the determination of judges must consider philosophical, juristic, and sociological aspects, so that the justice to be achieved, realized, and accounted for in the determination of judges. The results of the study show that: First, the judge's consideration in granting a marriage dispensation as per Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage, where the age of a man and a woman must reach the age of 19 (nineteen) years. So to carry out their marriage, the petitioners must obtain a marriage dispensation permit from the court by the provisions of Article 7 paragraph (2) of the Marriage Law; Second, the Bogor Religious Court granted permission for a marriage dispensation because the applicants already had a very close relationship, so things that were prohibited by religion and laws and regulations did not happen.

Perlindungan Hukum Bagi Korban Kekerasan Seksual di Perguruan Tinggi

Ayu Safitri, Abd. Asis, Nur Azisa — Fri, 30 Jun 2023 00:00:00 +0000

This study aims to analyse the form of legal protection for victims of sexual violence in higher education and the factors that become obstacles in providing legal protection for victims of sexual violence in higher education. This research is an empirical research type with data collection techniques through interviews and literature studies. The data obtained is analysed qualitatively and presented descriptively. The results of the study indicate that the form of legal protection for victims of sexual violence that occurs in Higher Education is provided by providing victims' rights which have been regulated in Law Number 12 of 2022; Law Number 13 of 2006; Decree of the Director General of Islamic Education Number 5494 of 2021; and Regulation of the Minister of Education, Culture, Research and Technology Number 30 of 2021. The factors that influence the provision of legal protection for victims of sexual violence, namely legal factors, there are still articles that are still abstract, law enforcement factors that are still ineffective in carrying out their duties, and facilities or facilities have not been fulfilled properly, both offices and funding.

Realitas Perkawinan Beda Agama Pada Masyarakat Sangalla Selatan Kabupaten Tana Toraja

Buhari Pamilangan, Anita Marwing — Fri, 30 Jun 2023 00:00:00 +0000

This article discusses interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency with the following problems: 1) factors causing of interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency; 2) the implications caused by interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency; and 3) how to minimize interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency. This research is a qualitative study that uses normative theological, juridical, cultural sociological, and historical approaches. Data collection techniques were carried out through observation, interviews, and documentation. Interviews were conducted with religious leaders, community leaders, traditional leaders, the head of the religious affairs office (KUA), and perpetrators of interfaith marriages in South Sangalla District, Tana Toraja Regency. The results showed that: 1) the occurrence of interfaith marriages in South Sangalla Subdistrict, Tana Toraja Regency is due to several factors, namely: women's freedom to choose prospective husbands, legitimization of interfaith marriages by custom, lack of religious knowledge and feelings of like and love; 2) the implications of interfaith marriages, namely: it is difficult to realize the purpose of marriage because of differences in spiritual principles, so that it has the potential to cause disputes and cause problems for children, especially in determining the child's religion and school; and 3) efforts to minimize the occurrence of interfaith marriage can be done internally and externally.

Analisis Inovatif Peraturan Daerah dalam Pengelolaan Zakat Perspektif Prinsip-Prinsip Pemerintahan yang Baik

Nuvazria Achir, Mohamad Hidayat Muhtar — Fri, 30 Jun 2023 00:00:00 +0000

The emergence of various regional legislative products concerning zakat management, such as the Regional Regulation of Pohuwato Regency Number 6 of 2015 on Zakat Management, harbors potential complications. These issues pertain mainly to the implementation of good governance principles and innovation in the regulations and practices of zakat management. The primary aim of this study is to evaluate the effectiveness and accountability of zakat management in Pohuwato Regency, as enforced through the Regional Regulation of Pohuwato Regency Number 6 of 2015 on Zakat Management. Furthermore, this study seeks to identify critical steps that ought to be considered when addressing the challenges of zakat management. The adopted research methodology is empirical legal research, with an analytical and observational approach. The focus of this research is to gather factual data through case studies and interviews, as well as observing and analyzing the practical application and enforcement of the law. The study's findings highlight that coordination, transparency, accountability, empowerment of mustahiq (the poor and needy), and zakat literacy should be considered to establish effective and efficient zakat management in Pohuwato Regency. Vital steps requiring attention include professionalism, accountability, transparency, public participation, effectiveness, and coordination between agencies. By implementing these steps, zakat can optimize its benefits, thereby enhancing the quality of life and overall welfare of the people.

Pemetaan Pendapat Ulama Untuk Pencegahan Praktik Pelukaan dan Pemotongan Genitalia Perempuan (P2GP)

Mufliha Wijayati — Fri, 30 Jun 2023 00:00:00 +0000

Female genital mutilation and mutilation (FGM/C), which is better known in the community as circumcision or female circumcision, has become a global issue and is increasingly coming to the fore as a culturally harmful practice. The diversity of FGM/C practices with different implications gives a negative image to Islam which is considered to legalize or order female circumcision as an obligation for men. This article aims to map the opinions of Islamic scholars about FGM/C, from the opinions of fuqaha to contemporary scholars, both personally and collectively. Based on a review of kinds of literature, this article found a variety of opinions regarding female circumcision from the perspective of Islamic scholars; obligatory, sunnah, or dignity (makrumah). This research also shows the opinion of contemporary scholars who tend to say the weak argumentation of the dalil naqli that makes female circumcision obligatory. Based on maqasid sharia and medical evidence that circumcision does not benefit women and even tends to be harmful, contemporary scholars have issued a fatwa for its prohibition. The significance of this study lies in its usefulness as a basis for advocating the prevention of FGM/C practices in the community.