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Journal : Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences

Implementation of the Legal Istinbath Method of LBM Mudi Mesra Samalanga Yasir Nasution; Pagar Pagar; Abdullah Abdullah
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 3 (2020): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v3i3.1173

Abstract

Istinbath of law which is able to abstract the thoughts of previous scholars and place them according to portions and proposals. On the other hand, various fatwa institutions have also emerged, but the results are very irrelevant and not adaptive to the environment, the ilhaq al-masail bi nadhairiha method was born as one of the methods of legal istinbath carried out by LBM MUDI Mesjid Raya Samalanga. The ilhaq al-masail bi nadhairiha method is not just the result of the thoughts of the LBM board and expert council, but this method is reconstructed from a solid foundation. The basic argumentation of applying istinbath with the ilhaq al-masail bi nadhairiha method is also caused by the opening of the door to interrupt some of the arguments and evidence which are used as a legal basis in the past. The opening of the door can be seen from the existence of several rules which have very universal meanings and are able to adapt according to the development of the times.
Polyandry Marriage in Criminal Law Studies in Indonesia Asmuni Asmuni; Pagar Pagar; Maswandi Maswandi
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 4 (2020): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v3i4.1423

Abstract

This study discusses polyandry marriage in criminal law studies in Indonesia. In terms of marriage, there are still some Muslim women who violate Islamic law, either secretly who will carry out further marriages even though they are still married to other men (polyandry marriage), even though both are in the Qu’ran and Hadith which prohibits this act because it is an act of adultery with the threat of positive punishment as regulated in the Criminal Law Number 1 of 1946 and the Islamic Criminal Law. Because this polyandry marriage does not only involve the perpetrator but also other parties so that the marriage is carried out, the criminal arrangements in the Criminal Code related to polyandry marriage can be punishable with a sentence ranging from 9 months to 7 years in prison. In fact, polyandry marriage according to the Qoran and Hadith can be subject to death penalty, death penalty 100 times or imprisonment for 1 year.