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SEKULARISME DAN ISU-ISU GERAKAN UMAT ISLAM Dian Indriyani; Andriyani Andriyani
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 17 No 2 (2017): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v17i2.1848

In its history, politically, liberalism of Islam accepts deep momentum during Sultanate-Autonomy in Turkey, where Islamic countries, especially Turkey and Egypt, which had got in touch with western world, had big influences toward Islamic societies’ attitude. This influence made the Turkish and the Egyptian understands rigid. Islamic scholars of law seem confused to see new thing in Islamic societies. A case will directly be instructed “illegal” or haram if the case itself cannot be found in the school of Hanafi’s classical books. Then, this paper is intended to contribute some points of view of this school by means of answering some main questions about the truth of Islamic liberal considered as a secular movement under the guise of Moslem, the truth of the discourse of Islamic liberalism presents the past for the sake of modernization and the truth of Islamic liberalism that is irrelevant to the Indonesian culture.

TOLERANSI BERMAZHAB DI FAKULTAS SYARIAH DAN HUKUM UNIVERSITAS ISLAM (UIN) RADEN FATAH PALEMBANG Eti Yusnita; Andriyani Andriyani
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 18 No 2 (2018): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v18i2.1882

This research is about Toleransi Bermazhab Di Fakultas Syariah Dan Hukum Universitas Islam (UIN) Raden Fatah Palembang, motivated by the urgency of educational institutions as a starting point to make changes need to be targeted as an agent of change (agents of change) to tolerance. Islamic universities as one model of educational institutions in Indonesia have a great opportunity to contribute to accelerate the planting of values of tolerance. So no matter how simple, steps or stages of a college institution should be appreciated for the easier change and development done.The main problem in this research is about the understanding of the students of Sharia Faculty and Law UIN Raden Fatah Palembang against tolerance bermazhab and implementation of tolerance among schools of students of the Faculty of Sharia and Fatah Law of UIN Radah Palembang. This research belongs to the type of research This research is a field research where the data collected by observing and distributing questionnaires to students of Faculty of Shari'ah and Law of UIN Raden Fatah Palembang. The results of this study indicate that in the educational environment especially in universities, in this case the students of the Faculty of Shari'ah and Law of the State Islamic University (UIN) Raden Fatah palembang, as well as the community environment, also have a lot of diversity, especially with regard to life and activity college student. Students tend to have an understanding of religious values that are influenced by the family environment in various forms of habit and environment of society with cultural background. All of which will certainly be reflected in their daily attitudes and behaviors.

MAQASHID AL-SYARI’AH CONCEPT OF KAFA’AH IN MARRIAGE Qodariyah Barkah; Andriyani Andriyani
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 1 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.5651

Basically, kafa'ah in a marriage is equality, compatibility or proportionality between the prospective bridegroom and bride. Kafa'ah in terms of religion is a necessity for a Muslim who is going to get married. One of the important things that must be done before marriage is considering several things such as nasab, religion, belief, profession, freedom, and property. However, nowadays, many couples do not heed the Kafa'ah criteria,and even many marriages happen between men and women with significant age difference. For example, a marriage between an old woman and a very young man, or vice versa. Considering these phenomena in the society, then the concept of maqasid al-shari'ah or the purpose of Islamic law is an important discussion to look at the marriage practices in the society. This is very much related to the protection of religion, soul, mind, descendant and wealth. This study analyzedlarge age disparity marriage practicesin Karang Endah village, by using the concept of ushul fiqh. The type of qualitative research used was ethnography. Research data were obtained through the use of some references such as books, journals, articles relating to the object under study. The results of this study indicated that a large age gap marriageoccurred in Karang Endah village wasbased on emotional factors of the couple. In Islam, this kind of marriage does not contradict the syari'ah rules, because Islam does not explicitly explain the age limit to be categorized as an adult. Therefore, referring to the concept of maqashid al-syari'ah, it could be concluded that large age disparity marriage occurred in Karang Endah village was carried out to protect religion, lives, and offspring of the couples. Keywords: Marriage, Kafa'ah, Age Disparity, Maqasid al-Syari'ah

REHABILITATION SANCTIONS AGAINST THE NARCOTICS USER ACCORDING TO THE PERSPECTIVE OF MAQASHID SHARIAH Andriyani Andriyani; Rusmala Dewi
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.6926

The government through the law makes a policy to aggressively seek rehabilitation for the drug users. This is done in the context of tackling the abuse of narcotics in Indonesia. Thus, it is necessary to study the policy objectives based on the perspective of maqashid sharia by conducting qualitative research using secondary data. From the results of the research, the Indonesian Government has implemented rehabilitation sanctions for the narcotics user because the users are victims of other people's crimes, namely illegal narcotics dealers. If a narcotics user is given a sanction of imprisonment / imprisonment, it will have a worse impact and cannot eliminate his dependence on narcotics. Seen from the perspective of maqashid sharia, this government policy does not conflict with the objectives contained in the maqashid sharia concept, as the goal of rehabilitation which requires the users to be aware of their mistakes, so that they will become better humans both towards their God and those around him.

THE CRIMINAL ACTION OF EXHIBITIONISM ACCORDING TO ISLAMIC CRIMINAL LAW Erindia Erindia; Rusmala Dewi; Andriyani Andriyani
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 2 (2021): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v21i2.9950

The result of this research is that exhibitionism actors can be caused by two factors, namely the first (internalinternal) factor, which is anfactor that comes from the actor's self which is seen from the psychological and biological side, the two (externalexternal) factors, namely thefactor. actors who can be influenced by the environment, there are no special factors that cause an exhibitionist because the causative factors depend on the condition of the actor and his environment. In Islamic Criminal Law exhibitionism is snared withpunishment, Ta'zir namely in accordance with the ijtihad judge's, the judge determines whether the perpetrator is guilty or not according to the conditions mentioned, in the Nash al-Qur'an and Hadith the punishment for exhibitionism has not been clearly regulated, because exhibitionist this is an issue that recently appeared or happened today and not yet known in ancient times because that sanctions exhibitionist according to the laws of this research includesresearch, empiricalwhereas the specification of this research is qualitative descriptiveanalysis,pedekatan main pursued is obtained through approaches with the law and approach to cases that occur in some areas. Keywords: Exhibitionist, Law Number 44 Year 2008 Pornography, Ta'zir

Settlement of Non-Litigation Rape Crime Cases in the Perspective of Islamic Law Atika Atika; Andriyani Andriyani; Adelia Salsabila Putri
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.14831

This study aims to study Islamic law resolving non-litigation rape cases in Beringin Makmur Dua Village, Rawas Ilir District, Musi Rawas Regency, South Sumatra Province. This research is based on the existence of rape cases resolved peacefully, even though the case should have been more appropriate if it had been resolved according to the law in force in Indonesia. This research is a field research or empirical research type. The approach method used is a qualitative approach. Data sources are primary and secondary, collected using interviews and documentation techniques. The analysis was carried out in a qualitative descriptive. This study concluded that resolving rape cases through non-litigation in Beringin Makmur Dua Village, Rawas Ilir District, was not following Islamic law. Even though Islamic law strongly recommends solving problems peacefully, not all cases, such as the hudud jarimah, can be resolved peacefully. One of the hudud jarimah is adultery or rape. According to Islamic law, the perpetrator of the rape must be subject to adultery sanctions, namely stoning or flogging. It is intended to provide a deterrent effect on perpetrators and society in general.

Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective Qodariah Barkah; Arne Huzaimah; Siti Rochmiyatun; Andriyani; Zulmi Ramdani
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v17i2.6725

The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community’s legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband’s reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.

PERAN JUSTICE COLLABORATOR DALAM TINDAK PIDANA HUMAN TRAFFICKING PERSPEKTIF HUKUM PIDANA ISLAM Agung Dwi Prasetya; Andriyani Andriyani
Tazir Vol 4 No 2 (2020): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

The explanation of the Republic of Indonesia Law No. 21 of 2007 states that human trafficking is an extraordinary crime so that its eradication requires extraordinary efforts, one of which is through a legal breakthrough using the justice collaborator instrument. Therefore, this study will discuss the role of justice collaborators in cases of human trafficking, and will be analyzed from the perspective of Islamic criminal law. The type of research used is juridical normative and uses qualitative data with primary, secondary and tertiary data sources. In this study, the role of justice collaborator is as a criminal act, but not as the main actor who is then used or becomes a witness in an effort to uncover a human trafficking crime. In Islamic law the existence of justice collaborator is allowed because human trafficking is a serious crime. This ability is based on emergency needs. Keywords: justice collaborator, human trafficking, human trafficking

PERAN KANTOR IMIGRASI PALEMBANG DALAM MENCEGAH MASUKNYA TENAGA KERJA ASING ILEGAL DITINJAU DARI HUKUM PIDANA ISLAM Siska Vidyawati; Siti Rochmiatun; Andriyani Andriyani
Tazir Vol 5 No 1 (2021): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

ABSTRAK Beberapa kasus kejahatan TKA ilegal sering dilakukan dalam waktu tertentu, sehingga sangat meresahkan dan menimbulkan kerugian bagi individu dan masyarakat maupun pemerintah. Sehingga sedikit peluang kerja bagi tenaga kerja palembang dengan adanya TKA ilegal. Penelitian ini dilaksanakan di kantor imigrasi palembang dengan mewawancai pihak pegawai kantor imigrasi, dan melakukan penelitian dengan menggunakan metode penelitian yuridis empiris dengan cara memadukan bahan bahan hukum ( data sekunder ) dengan data primer yang diperoleh dari lapangan. Hasil dari penelitian peranan kantor imigrasi palembang dalam mencegah masuknya TKA ilegal dikota palembang adalah memiliki peran yang sangat penting yaitu 1. Melaksanakan kewajiban kantor imigrasi dan melakukan penolakan apabila tidak memenuhi peraturan imigrasi, 2. Melaksanakan proses wawancara terhadap tenaga kerja asing guna untuk menyaring tenaga kerja apabila tidak memenuhi persyaratan sesuai dengan peraturan kantor imigrasi. Selain itu, kantor imigrasi juga berperan dalam proses keberangkatan dan kedatangan bagi setiap tenaga kerja yang akan pergi keluar negeri maupun ke Indonesia sehingga tidak terjadi pemalsuan data (visa) dalam dokumen. Tinjauan hukum pidana Islam terhadap tindak pidana TKA ilegal di kota palembang,di.anggap sudah dilaksanakan bila dilihat dari segi hukum Islam, karena mendapatkan hukuman yang sesuai dengan perbuatanya dan merasakan efek jera terhadap apa yang telah dilakukannya sehingga masyarakat kota Palembang merasa terlindungi dalam kesejahteraan dan keamanan bagi individu, pemerintah dan masyarakat. Kata Kunci: Pemalsuan, pencegahan pidana TKA illegal ,pidana Islam

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