Article Per Year (5 Year)
p-Index From 2019 - 2024
1.642
P-Index
This Author published in this journals
All Journal Ahkam: Jurnal Ilmu Syariah LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum MIQOT: Jurnal Ilmu-ilmu Keislaman MAHKAMAH: Jurnal Kajian Hukum Islam Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Indonesian Journal of Shariah and Justice As-Siyadah: Jurnal Politik dan Hukum Tata Negara Kanun: Jurnal Ilmu Hukum
Dedy Sumardi
Universitas Islam Negeri Ar-Raniry, Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 14 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam

 1 
The Implementation of Ta’zīr Punishment as an Educational Reinforcement in Islamic Law Muhammad Mawardi Djalaluddin; Bulqia Mas'ud; Dedy Sumardi; Isnawardatul Bararah; Kamus Kamus
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.15101

Abstract

This article aims to examine the application of ta’zīr punishment as a reinforcement of education in Islamic law. Humans are mulattoes or social beings who are related to one another, they cannot be separated from interactions with others. In order for this relationship to be in the corridor and frame of justice, Allah sent down rules in the form of orders and prohibitions. This study is a normative legal study using ushul fiqh theory and maslāhah theory. This study concludes that all commands and prohibitions contained in Islamic law are based on the Qur'an and the commands and prohibitions of the Prophet. which is formulated in fiqh, it will be seen that everything has a specific purpose, namely the benefit of mankind. If there is a violation of these rules, a penalty will be imposed, whether the punishment is in the form of ḥadd, qiṣaṣ or ta’zīr punishment. In addition to ḥadd, qiṣaṣ, kaffārah punishments, ta’zīr punishments are seen as punishments/sanctions that contain educational values because they aim to create a deterrent effect on the perpetrators and become a lesson for others not to commit similar violations. Therefore, this study argues that the imposition of punishment in Islamic law including ta’zīr contains beneficial values that educate humans and has a deterrent effect for perpetrators and for others.
Legal Pluralism within The Space of Sharia: Interlegality of Criminal Law Traditions in Aceh, Indonesia Dedy Sumardi; Ratno Lukito; Moch Nur Ichwan
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v5i1.9303

Abstract

This article aims to analyze various legal traditions working within the implementation of Islamic law after special autonomy in Aceh. Although Aceh's legal system follows the national legal system derived from civil law, diverse legal traditions still exist. The scope of this study is limited to the interaction of Aceh's legal traditions by taking the construction of juvenile and immoral criminal law and describing the social authorities who also operate the legal tradition to the parties in the case. This study presents the results using a case study model. Data obtained from interviews and documentation, analyzed using an interlegality approach. Based on the results of data analysis, it was found that the dialectic of legal traditions is determined by the role of actors acting as companions for victims to ensure that the rights of victims are not neglected. The traditions of Islamic law, customary law, and laws for protecting women and children are used interchangeably. The effort to combine these three legal traditions was carried out to obtain justice and guarantee the fulfillment of the victim's civil rights, such as the right to continue education, to relieve the trauma caused by the psychological pressure. The amalgamation of legal traditions in Aceh is an effective way to achieve justice for women and children and the construction of new laws to develop a national legal system that favors the interests of victims.
Co-Authors Azmil Umur Bulqia Mas'ud Difa Mutia Dara Firdaus M. Yunus Isnawardatul Bararah Kamus Kamus Lia Sahfitri Saraan Mansari Mansari Maulana Fickry Albaba Moch Nur Ichwan Muhammad Habibi MZ Muhammad Mawardi Djalaluddin Muhammad Yusuf Mukhsin Nyak Umar Rahmatul Akbar Ratno Lukito Rusjdi Ali Muhammad Ruslan Sangaji Sayuthi Sayuthi