style. This has inspired the scholars who lived afterward, such as al-Nawawī (d. 676 H) to initiate the unification of these styles of thought. Therefore, al-Nawawī is seen as the most representative of the Shafi'iyyah scholars in developing the Shafi'i school.
This study discusses the practice of wearing hijab among students of the Islamic Institute of Al-Aziziyah Bireuen. This research is an empirical legal study that employs an Islamic legal approach, specifically the maṣlaḥah theory and legal politics. Utilized data collection methods include literature reviews, interviews, and observations. The findings of this study indicate that there are divergent opinions among fiqh scholars concerning the issue of niqāb. Guarantees of protection and comfort in interacting with the general public encourage the use of niqāb. The practice of wearing niqāb by Al-Aziziyah students is carried out on an essential awareness and upholds the values of adherence to the recommendations of Shari'a and regulations set by the educational institution where they study. Al-Aziziyah Islamic institute students use the niqāb, without judging it as a compulsion, let alone rebelling against the requirements for wearing the niqāb. They even feel the benefits of using the niqāb as part of the identity of a Muslim woman. This study also concludes that, from a legal standpoint, the Aceh Qanun regarding Muslim attire and tawṣiyah from the Ulama Consultative Council is a government policy intended to protect and advance the community. It is especially to be better and more dignified, as the primary objective of Islamic law is to improve humanity.
The position of children as legal subjects will certainly become a problem that needs to be studied in more depth. Children who physically and psychologically still need care and guidance in order to achieve perfect growth, precisely when dealing with the law will certainly experience psychological and even physical changes in a bad direction. In the case of children as legal subjects, there is a difference between Islamic law and positive law in Indonesia because of the different objectives of establishing and enforcing the law itself. To examine this problem, qualitative research methods are used with a normative juridical approach. The data collection technique was carried out using the documentation method, in which data was collected from fiqh literature and laws related to juvenile crimes, then analyzed using the content analysis method. The results of the study show that children according to Islamic law are not subject to criminal punishment because punishment in Islam is imposed on people who are mature (adults), have good sense and criminal acts are not carried out by force. However, in Islam if a child performs jarimah, a ta'zir punishment will be imposed as guidance and teaching for the child. Meanwhile, according to positive laws in Indonesia, the punishment system is different from adults.
Genital replacement is an interesting issue to be studied today. Especially with regard to the impact on civil rights after sex surgery is carried out. This study aims to comprehensively analyze the practice of sex change in the perspective of legislation and Islamic law and the juridical consequences of this sex change. The research method used is a normative juridical research method using data from library literature. In addition, researchers also use primary legal materials contained in the Civil Code and the Marriage Law. Data analysis was carried out qualitatively. The results of the study indicate that normatively the practice of sex change is allowed for reasons of benefit, whereas if the motivation is for other interests, Islamic teachings forbid it. The juridical consequences after sex change can occur in the aspect of marriage and the distribution of inheritance, because the Marriage Law only recognizes marriage between a man and a woman. The distribution of inheritance for people who change their genitals must be done carefully by taking into account their gender, both male and female.
Kekerasan seksual seperti pemerkosaan merupak salah satu bentuk kejaharan seksual yang harus dilakukan upaya pencegahannya dengan memberlakukan sanksi yang dapat memberikan efek jera terhadap pelaku dan mencegah terjadinya hal serupa pada orang yang lain. KUHP Pasal 285 merupakan salah satu peraturan yang mengatur secara khusus berkaitan dengan kekerasan seksual, namun hal tersebut belum bisa memberikan dampak yang siknifikan terhadap pencegahan kejahatan pemerkosaan. Berdasarkan realitas tersebut harus dilakukan upaya perancangan perubahan terhadap KUHP dengan mengakomodir hukum Islam (fiqh) dan Qanun Jinayat Aceh. Secara fiqh kejahatan pemerkosaan dalam satu sisi dikategorikan ke dalam zina sehingga dikenakan hukuman hudud, namun disisi lain bisa dikategorikan ke dalam hirabah sehingga bisa dikenakan hukuman yang lebih berat lagi dari hudud. Sementara Qanun Jinayat Aceh menerapkan hukuman ta’zir berupa cambuk atau denda dalam bentuk emas murni. Secara fiqh atau qanun sangat memberikan efek jera terhadap pelaku dan dapat mencegah untuk terulang kembali kejahatan serupa tersebut.
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