Jurnal Antologi Hukum

Jual Beli Chip dalam Game Online Higgs Domino Perspektif Ulama di Ponorogo

Victor Alan Gumara — 2024-09-25

Chips in the online game Higgs Domino are games that make money, such as in Kranggan Village, Sukorejo District, Ponorogo Regency, where chips are exchanged for money. This article aims to answer the following focus problems: first, regarding the views of the Ponorogo Ulama on chip transactions in the online game Higgs Domino. Second, regarding the Ponorogo Ulama's views on exchanging chips for money in the Higgs Domino online game. This research includes qualitative research with the type of field study research (filed research). The data collection techniques in this research are observation, interviews and documentation to strengthen this research. Based on the research results, it can be concluded as follows: According to the Ponorogo ulama, both Nahdlatul Ulama, Muhammadiyah and Kyai Pondok Pesantren, according to the Ponorogo ulama, both Nahdlatul Ulama, Muhammadiyah and Kyai Islamic Boarding School, the transaction is considered valid because has fulfilled the buying and selling requirements, but the object (chip) is considered haram because the chip comes from betting results in the game, which leads to gambling (maysir). And regarding exchanging chips for money, the Ponorogo ulama forbid exchanging (chips) into money/rupiah, because it has been explained that the object (chip) contains elements of gambling, which can be detrimental to one party.

Implikasi Politik Identitas dalam Pemilihan Gubernur Jawa Timur Tahun 2018 Perspektif Fiqh Siyasah

Muhammad Fakhrudin — 2024-09-25

Discussing the issue of identity politics, in general, can be interpreted as an effort to use identity in political life based on group equality such as race, ethnicity, religion, culture, and the like, with the aim of influencing the standards of permanent voters. The main focus of this research discusses the implications of identity politics which refers to the influence of the NU Muslim religious organization in winning Khofifah-Emil as Governor of East Java in 2018 from a siyāsah fiqh perspective. More fully, the parameters of this test are based on the basic values of siyāsah fiqh such as the principles of siyāsah syar'iyyah, democracy in Islamic politics, political tolerance in Islam, the ummah and the principles of government in the Medina Charter, with the research method used in the form of qualitative. The conclusion of this research confirms that the entire series carried out by NU Muslims in their participation in supporting candidate pair number one is not contrary to Islamic religious values. Because the activities and strategies carried out by Muslimat NU and Khofifah are actually in line with the basic values of fiqh siyāsah, which espouse the values of tolerance and democracy.

Comparison of Polygamy Regulations in Morocco and Indonesia

Irwan Ramadhani — 2024-10-22

The purpose of this study is to identify a comparison of the polygamy regulations in Morocco and Indonesia with regard to the fulfillment of requirements in the application, sanctions imposed and justice for a wife. and justice for the wife. This research uses comparative legal method based on a previous review of family law in Indonesia and Morocco. applicable in Indonesia and Morocco. By comparing the two countries with the majority of people are Muslim, the applicable laws have similarities and differences even though they use different legal systems. differences despite using different legal systems. Both Morocco and Indonesia allow husbands to practice polygamy with the permission of the court. court, justice is the main prerequisite for polygamy by prioritizing the fulfillment of physical, mental and spiritual needs. prioritizing physical, mental and financial fulfillment. Both countries both countries allow for the annulment of polygamy requests through a prior marriage agreement. previous marriage agreement. The differences are in the requirements that must be submitted through the court and the sanctions imposed on data falsification. Besides In addition, in Indonesia there are special rules governing the permissibility of polygamy by civil servants, while in Morocco it applies generally. civil servants while in Morocco it applies in general.

Tinjauan Fatwa MUI Nomor 03/KF/MUI-SU/IV/2011 terhadap Pelaksanaan Foto Pre Wedding

Ahmad Musyafi’ Isyfa’ Lana — 2024-10-25

The pre-wedding phenomenon is the implementation of photos taken before a legal marriage bond is established. Pre-wedding has been regulated and legally established based on MUI Fatwa Number 03/KF/MUI-SU/IV/2011 which strictly prohibits taking pre-wedding photos due to elements of ikhtilat and khalwat. However, in practice there is a phenomenon of pre-wedding photos in the Ponorogo area which in practice does not lead to elements of seclusion. So based on this, the legal implementation can be reviewed based on the MUI fatwa which discusses the implementation of pre-wedding photos. The purpose of this research is to find out the rationale for couples carrying out pre-wedding photo processions before carrying out the wedding and what the laws are for carrying out pre-wedding photos using Islamic themes and clothing in terms of MUI Fatwa Number 03/KF/MUI-SU/IV/2011. This research uses qualitative research with the type of field research. Meanwhile, data collection techniques were carried out using interviews and observations in the Ponorogo area. From the research conducted, it can be concluded that the rationale for carrying out pre-wedding photos for the perpetrators is as a social function, namely to introduce the prospective bride and groom who have carried out the marriage and also an economic function as a medium for promoting Islamic fashion models. Carrying out pre-wedding photos in Ponorogo is reviewed based on MUI fatwa Number 03/KF/MUI-SU/IV/2011 and is permissible if it does not contain the elements mentioned in the MUI fatwa, namely ikhtilat and khalwat. However, if it contains elements of ikhtilat and khalwat, then taking pre-wedding photos is not permitted.

Penelantaran Anak: Analisis Berdasarkan Hukum Pidana dan Hukum Pidana Islam

Rahmat Mointi — 2024-10-22

The main problem of this study is to analyze the crime of Child Neglect based on Criminal Law and Islamic Criminal Law. This study discusses the legal analysis of the form of the crime of child neglect, starting from the definition, risk factors, signs, and legal sanctions that regulate the crime of child neglect seen in the analysis of criminal law and Islamic criminal law. Research method: This study uses a qualitative method that examines the relationship between the variables studied and the hypotheses that can be tested. The type of research used in this study is normative law research, which uses normative case studies in the form of legal behavior products, such as reviewing laws. The subject of this study is law, which is conceptualized as a norm or rule. The approach used in this study is library research and the literature, which contains theoretical theories relevant to research problems, and shows that, First, in Indonesia's criminal law, the crime of child neglect is regulated by Child Protection Law Number 35 of 2014, where the perpetrator can be subject to prison sanctions and/or fines. Second, from the perspective of Islamic criminal law, child neglect is also seen as an act that violates Sharia, with sanctions that can include ta'zir punishment adjusted to the seriousness of the violation and the condition of the perpetrator.

Tinjauan Akad Salam terhadap Jual Beli Followers Media Sosial Instagram

Wahyu Adi Pradana — 2024-10-27

This research began with buying and selling Instagram social media followers where there were irregularities in the transaction,whereas in the transaction of buying and selling followers the openness between the seller and the buyer was not completely open and transparent. How is the Greeting Agreement Reviewed on the Object of Buying and Selling Instagram Social Media Followers? This is why this research is essential to research. This type of research is field research, then the approach used is qualitative. Data collection techniques use observation and interviews. The analytical method used in this research is the deductive method. From the research that has been carried out during the thesis, it can be concluded that From the results of this research it can be concluded that the buying and selling of followers is not valid, because in the transaction of buying and selling followers there is a harmony and the conditions stipulated in the greeting contract are not fulfilled, which means that the goods being bought and sold or ma'qud 'alaih must be pure and beneficial and also the goods being bought and sold must be wholly owned by oneself and known to both parties. However, when buying and selling followers, it is unclear whether the item belongs to the seller or someone else.

Pengaturan Marital Rape di Indonesia Perspektif Fiqh Jinayah tentang Keluarga

Fernenda Purdiantika — 2024-10-28

The purpose of this research is to explore the regulation related to the problem of marital rape in Indonesian legislation, especially after the enactment of the new Criminal Code Law by using the perspective of fiqh jinayah on family. This research is a doctrinal study with a conceptual approach and a legislative approach. Based on the research conducted, several conclusions can be formulated: First, marital rape that occurs in the household can be classified as a criminal offence of sexual violence. In addition, the regulation of marital rape in Indonesia is not yet specific and integrated so that it is still scattered in various regulations. Secondly, based on the perspective of fiqh jinayah, marital rape is included in the category of jarimah ta'zir because it is related to human honour. In the perspective of family jinayah fiqh, marital rape is also not justified and is an injustice according to Islam. Some sanctions in jinayah fiqh that can be applied to perpetrators of marital rape include diyat and ta'zir.

Fenomena Celebrity Worship dan Penundaan Pernikahan di Kalangan Penggemar K-Pop

Velicha Sekar Fitriana — 2024-10-30

This study aims to analyze the behavior of celebrity worship and the behavior of delaying the age of marriage in K-pop fans in Ponorogo Regency according to Islamic law. This study used qualitative research methods with the type of Field Research with observation, questionnaires, interviews, and documentation. The study's results proved that all informants were at the celebrity worship level of intense personal feelings. All informants said that they felt empathy for their idol's life journey which gave rise to fantasies about their idol. Five informants said that it also had an impact on love relationships and they even wanted to postpone the age of marriage because the standard of the desired partner was similar to that of A K-pop idol, comparing the men around him with K-pop idols, wanting to realize his dream of meeting an idol, and trust issues. In Islamic law, such behavior should be avoided because it is inappropriate. Marriage can also avoid harm such as zina Al-laman or zina with five senses.

Studi Komparasi Konsep Kalender Hijriyah Global Tunggal (KHGT) Muhammadiyah dan Kriteria Neo Mabims di Indonesia

Ilham Majid — 2024-10-30

Differences in the determination of the beginning of the Hijri month is still a phenomenon that often occurs in Indonesia. This situation is increasingly complex with Muhammadiyah's decision to switch from the Wujudul Hilal method to the Single Global Hijri Calendar (KHGT) system at the beginning of 1446 AH. This research examines the comparison between KHGT and the Neo MABIMS criteria used by the Indonesian Ministry of Religious Affairs, in terms of fiqh and astronomical perspectives. This research attempts to answer two main questions: (1) How is the comparison of KHGT and Neo MABIMS criteria in terms of fiqh and astronomy? (2) What are the implications of the application of these two methods for the determination of the beginning of the Hijri month in Indonesia? Through a qualitative approach with comparative analysis, this research integrates data from ephemeris calculations, KHGT Muhammadiyah, and fiqh studies based on the book Fiqhul Islami wa Adillatuhu. The results reveal fundamental differences in the parameters used: KHGT applies global matlak with a requirement of 8° elongation and 5° hilal height, while Neo MABIMS uses matlak wilayatul hukmi with a parameter of 3° height and 6.4° elongation. This difference has implications for KHGT's tendency to set the beginning of the month earlier, which has the potential to affect the determination of Islamic holidays. However, the fiqh analysis shows that both methods have a foundation that can be accounted for in the perspective of Islamic law. This study recommends the importance of continuous dialogue between various parties to reach a broader agreement in the determination of the Hijri calendar in Indonesia, by comprehensively considering fiqh and astronomical aspects.

Analisis Hukum terhadap Putusan tentang Perkara Wanprestasi dalam Sengketa Ekonomi Syariah

Haifa Laila Asy’fa — 2024-11-05

Settlement of Sharia economic disputes, Sharia banking, and default in the field of Sharia is the absolute authority of the Religious Courts, as explained in Article 49 of Law No. 30 of 2006 on Amendments to Law No. 7 of 1989 on Religious Courts. In resolving disputes, the panel of judges must apply a clear legal basis and use legal reasoning when considering the case to be decided. The case that the authors of this study started with the existence of a Sharia economic case, namely default in a default case between PT Bank Muamalat Indonesia, TBK as the plaintiff with PT Hasta Mulya Putra as the defendant. This problem arises because PT Hasta Mulya Putra has committed a breach of promise in fulfilling its obligation to transfer the name of the financing object. The purpose of this study is to find out and explain the analysis of considerations by judges in deciding cases, as well as to explain related to the judge's consideration process in deciding cases No. 129/Pdt.G/2023/PA.Mn. The type of research conducted is field research using a qualitative approach and empirical legal research. Meanwhile, the data collection technique carried out by the author uses interviews. The analysisused used an inductive method. From this study, it can be concluded that before deciding that someone is in default, the judge looks at the fact. Things that can strengthen the judge's belief in deciding a case that someone has committed an act of default or breach of promise is that the person has neglected his obligations or has not paid off the principal of the financing, the proof can be seen from the evidence in the form of letters submitted by the plaintiff, all of which have been acknowledged or confirmed by the defendant, so there is no need to prove it. The role of legal reasoning is to help judges reach a conclusion that must be rational and supported by rational premises to avoid misleading errors.