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Journal : Jurnal Res Justitia : Jurnal Ilmu Hukum

TINDAK PIDANA PEMBUNUHAN DALAM HUKUM PIDANA ISLAM DAN HUKUM PIDANA POSITIF Hifni, Mohammad; Hibar, Ujang; Agustiawan, M. Nassir
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v3i2.84

Abstract

Islamic law is not prescribed for games and jokes. It is in accordance with the rules of the Shari'ah which fundamentally teach that the world is a place of testing and not eternal, while the Hereafter is a place of vengeance and eternal. Shari'ah also teaches that man is held accountable for his charity in the world and will be avenged in the Hereafter. The one who does good, the good will come back to him. If he does bad deeds, the ugliness will also come back to him. Therefore, punishment in the world will not remove punishment in the hereafter, unless he repents to God. The scholars of fiqh fatten down there are several punishments imposed on the perpetrators of this crime, namely: The original punishment, namely the law of qisas. This law is based on Allah's provisions in the Qur'an Surat Al Baqarah (2): 187) and (Q.S Al Maidah (5): 45) Substitute Punishment. According to fiqh scholars, if the punishment of qisas falls, for example forgiven or because there is peace, then there are two other substitute punishments, namely diyat borne by the murderer himself and the punishment of ta'zir. According to Imam al-Tahbrani, it is narrated from Amr bin Hazm Al-Anshari that the Prophet (peace be upon him) said: "The revenge of a deliberate murderer is qisas." If the heir forgives the murderer, the murderer is obliged to pay the diyat mughalazhah (big diyat) taken from the murderer's property. Supplementary Laws. In addition to the above punishments, in intentional murder there are other punishments, namely hindered inheritance rights, and hindered from obtaining a will from the victim. While in the positive criminal law the criminal sanction of murder in the Criminal Code there are several articles including the following: Article 338 reads: Whoever intentionally deprives another person of his life shall be punished with murder with a maximum imprisonment of fifteen years. Article 339 reads: Murder that is followed, accompanied, or preceded by a criminal act, committed with the intention of preparing or facilitating its execution, or to release oneself or other participants from the crime in the event of being caught, or to ensure the possession of goods obtained unlawfully, shall be punished with imprisonment for life or for a specified time, not more than twenty years. Article 340 reads: Whoever intentionally and premeditatedly deprives another of his life shall be punished with murder with premeditation, with the penalty of death or imprisonment for life or for a specified period of not more than twenty years
KONFLIK RUMAH TANGGA DAN SOLUSINYA MENURUT HUKUM ISLAM DAN PERATURAN PERUNDANG-UNDANGAN Hifni, Mohammad
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i1.105

Abstract

Marriage is not only a union of two human partners, a man and a woman, but a sacred covenant in the name of Allah Almighty. that the bride and groom intend to build a household that is sakinah, peaceful, and filled with love and affection. A marriage is only declared valid if according to the law it has fulfilled its pillars and conditions. Basically, the marriage is carried out for an eternal time until the death of one of the husband and wife. This is exactly what the religion of Islam wants. However, in certain circumstances there are things that require the breakup of the marriage in the sense that if the marital relationship continues, then harm will occur. In this respect Islam justifies the breakup of marriage as the last step of the effort to continue the household. The breakup of a marriage in such a way is a good way out
TINDAKAN KEJAHATAN INTERNASIONAL (GENOSIDA) YANG DILAKUKAN ISRAEL TERHADAP PALESTINA Azzahra, Nisfah; Hibar, Ujang; Hifni, Mohammad; Amelia, Yosi Lutfi
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i2.168

Abstract

Genocide against Palestinians is a highly controversial statement and does not necessarily reflect a consensus in the international community or among legal experts. Genocide is defined by the 1948 UN Genocide Convention as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. Several groups or individuals have claimed that Israel is involved in acts that could be considered genocide against the Palestinian people. Some of the arguments or actions put forward as evidence include the use of military force, construction of settlements, expulsion of residents, restrictions on movement, and military attacks that cause civilian casualties