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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Misbahuddin Misbahuddin
Universitas Islam Negeri (UIN) Alauddin Makassar
Religion

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Pertimbangan Sosiologis Hukum Islam terhadap Penolakan Pornografi di Indonesia Luthfi Bakence; Kurniati Kurniati; Misbahuddin Misbahuddin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v3i3.660

Abstract

This study aims to determine the sociological considerations of Islamic law against the rejection of pornography in Indonesia. The method and type of research used is descriptive-qualitative research. The results of this study indicate that showing pornography on social media that is easily accessed and watched continuously by someone will have an impact on the rise of adultery, rape, and even murder, as well as various other negative effects. According to Islamic law, pornography is expressly prohibited and is an unlawful act. This can be seen in the Al-Qur'an surah al-Nur/24: 30-31, namely the command to guard the genitals or honor. Likewise in the Al-Qur'an surah al-Isra'/17: 32 regarding the prohibition of approaching adultery and the punishment for adultery in the Al-Qur'an surah al-Nur/24: 2. In Islam, pornography is equated with adultery or serious adultery . Pornographic crimes are not regulated directly by law. Therefore, law is adopted from classical law by adopting law based on existing texts and laws.
Pertimbangan Sosiologis Penegakan dan Pengamalan Hukum Islam di Indonesia Muhammad Taufan Djafri; Kurniati Kurniati; Misbahuddin Misbahuddin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v3i3.666

Abstract

This study aims to analyze the sociological considerations of enforcement and application of Islamic law in Indonesia. This research is a library research that is qualitative in nature. The results of the study show that the sociology of Islamic law is a reciprocal relationship between Islamic law (Syarī'ah, Fiqh, al-Ḥukm, Qānūn, etc.) and patterns of societal behavior in which Sociology is one approach in understanding it. In essence, Islamic law in Indonesia is legal norms originating from Islamic law that grew and developed in people's lives throughout the history of Indonesia. Theories of thought regarding the application of Islamic law in Indonesia are formalistic-legalistic thought theory, structuralistic thought theory, culturalistic thinking theory and substanialistic-applicative thinking theory. It turns out that the enforcement and application of Islamic law has many obstacles so that Islamic law seems very slow, especially in the field of jinayat (Islamic crime).
Co-Authors Kurniati Kurniati Luthfi Bakence Muhammad Taufan Djafri