Behind the pro-contra polemic of imposing castration legal sanctions for criminals of pedophilia in Indonesia, doctors have a dilemma as a profession that is considered to have medical competence and is worthy of being executors. It is due to the principle of maintaining the safety of human souls and the prohibition of taking action that endangers the lives of others in the code of ethics for the medical profession. The research seeks to present the perspective of Islamic legal philosophy in analyzing the arguments in the Indonesian Doctors Association (IDI) rejection as the executor of the punishment for castration. This research is qualitative in the form of a literature review. This type of legal research is included in the category of philosophical normative Islamic law research using Islamic law principles (qawaid fiqhiyah). This research concludes that the principle of not endangering the safety of others in the medical profession is parallel to the rules of Islamic law (fiqh) which reads al-ḍararu yuzālu (fade must be eliminated). However, the provisions of the fiqh rule are not absolute. It means that under certain conditions, the act of harming someone is allowed in order to create public benefit (al-maslahat al-ammah). Therefore, a doctor who serves as executor in applying the caste penalty for pedophile offenders does not contradict the philosophy of Islamic law.
This study aims to describe indicators of the formation of a sakinah family according to K.H. Hasyim Asy'ari and its relevance to the Compilation of Islamic Law (KHI). This qualitative research in the form of literature study uses philosophical normative. The main data source, namely the book Dhau' al-Mishbah fi Bayani Ahkam an-Nikah by K.H. Hasyim Asy'ari. Several articles in the KHI as the theory of analysis of this research. The results of the study show that there is a relevance between indicators for the formation of a sakinah family according to K.H. Hasyim Asy'ari with the construction of legal provisions in the Kompilasi Huukum Islam (KHI). First, the indicators of complying with the legal principles, requirements, and pillars of marriage that are relevant to KHI articles 4, 16, 20, and 27. It's just that the view of K.H. Hasyim in this first indicator tends to be textual. In contrast to KHI which is more contextual. Second, the recommendation indicator in choosing a life partner that is relevant to KHI Articles Articles 15, 16, 17, and 61. In this case, the criteria for the recommendation to choose a partner by K.H. Hasyim is more detailed covering various aspects, including religion, physical, lineage, economy, psychological and social status. Third, the indicator understands the principles of the purpose and benefits of marriage that are relevant to Articles 2 and 3. Third, the indicator is to build a good partnership in carrying out the rights and obligations of husband and wife that are relevant to the KHI Article 80. However, regarding the duties or obligations of the wife, K.H. Hasyim is more detailed than KHI. The theoretical implications of this research show indicators of the formation of a sakinah family in the view of K.H. Hasyim Asy'ari has relevance as well as can be the basis for formulas in the development and renewal of Islamic marriage law in Indonesia. The limitation of this research is that it has not studied in depth the heurmenetic aspects of the construction of the views of K.H. Hasyim is related to four indicators of the formation of a sakinah family.
Discriminatory treatment and gender stereotypes often adversely affect the accessibility of legal justice for women. This study aims to identify the dimensions of gender equality in the principle of judges' decisions contained in Supreme Court Regulation Number 3 of 2017 in the perspective of the Convention the Elimination of all Forms of Discrimination againt Women (CEDAW). This normative legal research uses a philosophical approach. The results of this study show that in terms of the CEDAW perspective, there is a mainstreaming of gender equality in various principles of judges' decisions on women's cases in Indonesia. First, the substantive dimension of equality in the principle of gender equality and equality before the law. Second, the dimension of non-discrimination in the principle of humanity and expediency. Third, the dimensions of state obligations in the principles of justice, non-discrimination and legal certainty.The theoretical implications of the findings of this study show various CEDAW principles have actually been manifested in various principles of judges' decisions on women's cases in Indonesia.
This study aims to present a contemporary maqasid shariah perspective on the pros and cons of the polemic of the implementation of castration law for perpetrators of pedophilia crimes. This research is a qualitative research in the form of literature review. This type of Islamic law research is included in the category of philosophical normative Islamic law research with a maqasid shariah approach developed by a contemporary Islamic law expert, namely Jasser Auda. The results of the study conclude that the application of legal sanctions of castration for perpetrators of pedophilia crimes does not contradict the perspective of contemporary maqasid sharia. Such a conclusion can be seen from the following three aspects. First, the implementation of the legal sanction of kebir is parallel to the orientation of Islamic law (maqasid shariah) regarding the components contained in the development of the scope of the hifz din concept, including shari'a (law), aqidah (theology) and akhlak (moral ethics). Second, the implementation of legal sanctions for castration for perpetrators of pedophilic crimes does not conflict with the maqasid perspective in the form of mental protection (hifz al-nafs), intellectual protection (hifz al-Aql) and protection of offspring (hifz al-nasl)which are closely related to the physical and psychological conditions experienced by victims. pedophilia is in line with efforts to protect the economy (hifz mal) for victims who have suffered material losses in the recovery process.
This study aims to identify patterns of social interaction among the inter-religious communities in Jayawijaya, Papua, through the tradition of Bakar Batu. This study employs a qualitative approach by interpreting data from observation and interviews. Associative and dissociative social interaction patterns are also used as analytical theories. This study revealed that the associative interaction pattern is evident in the social interaction between the Dani Muslim community and the Christian community in the Bakar Batu tradition through accommodation and acculturation. The accommodation process is reflected in the form of tolerance; both respect each other despite their different religious teachings. Meanwhile, the acculturation process is found in reconstructing the essential elements in the practice of the Bakar Batu tradition by substituting pork with halal meat. The theoretical implication of this study reveals that associative patterns of social interaction can be the basis for paradigms and approaches to harmonizing relations among distinct religious communities and between religion and culture. However, this study has not discussed the role of Islamic socio-religious institutions or organizations in the practice of the Bakar Batu tradition.
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