e-Jurnal IAIN Curup
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The Impact of Islamic Law on Human Rights Abuses in Conflict Zones
Get PDFThe article explores the interplay between international law and Islamic jurisprudence in mitigating human rights violations in conflict zones, emphasizing compliance and enforcement challenges. Given the persistent human rights abuses in crisis areas, ranging from torture to extrajudicial killings, this study highlights the role of international conventions and treaties in curtailing such breaches. Employing a mixed-methods approach, the study quantitatively evaluates human rights violations against international treaties and Sharia principles over the past 30 years, alongside qualitative case studies that consider geopolitical contexts and the influence of international organizations. Preliminary findings indicate that while some infractions have declined in nations that actively engage with international bodies and adhere to Sharia principles, others persist, particularly in regions lacking effective international oversight. The article concludes that both international and Islamic legal systems must reassess their frameworks to enhance human rights protections, as the enforcement of treaties and Sharia laws remains challenging in wartime contexts. Strengthening the integration of Islamic jurisprudence within international law may offer additional avenues for safeguarding human rights in these vulnerable areas
Integrating Islamic Criminal Law and International Human Rights Law in Counter-Terrorism Efforts: A Critical Analysis
Get PDFThe article examines the effectiveness of counter-terrorism strategies in aligning with international human rights law (IHRL) and Islamic criminal law (ICL). The rise in global terrorism has led governments to implement stringent counter-terrorism measures, often resulting in conflicts between maintaining national security and upholding human rights and Islamic legal principles. Through a comprehensive review of international legal instruments, Islamic legal texts, case law, and national counter-terrorism policies, a comparative analysis was conducted to assess the extent of conformity between state measures and international human rights standards, alongside the principles of ICL. The findings reveal that while many countries attempt to incorporate human rights protections and Islamic values into their counter-terrorism frameworks, these efforts are often undermined by practices such as prolonged detention without trial, torture, and restrictions on freedom of expression and association. Furthermore, inconsistencies in the interpretation and application of ICL across jurisdictions were observed. The study concludes that states must balance the imperative of ensuring national security with their obligations under international human rights law and Islamic criminal law. Although it is possible to formulate effective counter-terrorism strategies within these frameworks, governments must remain vigilant and committed to upholding both security and human rights
Integration of Genetic Resources and Intellectual Property Rights within Global and Islamic Legal Frameworks
Get PDFThe article evaluates international legal frameworks governing genetic resources and intellectual property rights (IPR), with a focus on their alignment with Islamic legal principles. Given the rapid advancements in biotechnology, genetic resources have become critical assets, raising complex issues related to ownership, use, and equitable allocation, particularly within Islamic contexts. The study conducts a thorough analysis of international agreements, including the Convention on Biological Diversity (CBD), the Nagoya Protocol, and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, alongside core Islamic legal texts. Through examining case law, policy developments, and academic scholarship, the study highlights key tensions, as the CBD and Nagoya Protocol prioritize fair resource distribution and conservation, while TRIPS emphasizes IPR protection, often restricting resource access. Islamic principles such as justice ('Adl'), fairness ('Ihsan'), and stewardship ('Amanah') are explored as foundational ethics that can inform a balanced framework for IPR and resource distribution. Findings indicate that integrating Islamic values with international policies can promote a fairer and more ethical system, ensuring equitable compensation for all stakeholders, especially indigenous and marginalized communities. The study concludes that a unified legal framework rooted in both international and Islamic values is essential to achieve a just balance between IPR protection and the equitable sharing of genetic resource benefits
UNCLOS' Role and Limitations in Resolving Marine Territorial Disputes: Integrating Islamic Jurisprudence for Enhanced Effectiveness
Get PDFThe article critically examines the United Nations Convention on the Law of the Sea (UNCLOS) and its limitations in addressing marine territorial disputes, especially in regions where Islamic jurisprudence holds influence. Given the strategic and resource value of marine territories, international conflicts frequently arise over these areas. While UNCLOS aims to regulate and resolve such disputes, its effectiveness is hindered by geopolitical power dynamics and enforcement challenges. This research utilizes a mixed-methods approach, involving an extensive review of historical conflicts governed by UNCLOS, along with qualitative interviews with diplomats, international law experts, and Islamic legal scholars. Findings reveal that while UNCLOS establishes a formal legal framework for marine claims, its application often falls short in regions where political interests supersede legal protocols. Integrating principles of Islamic jurisprudence, particularly justice, equity, and mutual respect, can offer alternative pathways to enhance UNCLOS's efficacy in dispute resolution. The article concludes that incorporating Islamic legal principles could address UNCLOS’s shortcomings, fostering a more harmonious and cooperative maritime environment in geopolitically sensitive areas
The Character Value of Love for the Motherland in Madrasah Digital Books: Analysis of Islamic Religious Subject Cluster Books Class XI Madrasah Aliyah
Get PDFMadrasah Digital Books as teaching materials in the form of electronic textbooks in Madrasah, play a role in shaping the character of students. So the teaching materials need to be studied and examined in terms of content, especially related to the character values of love for the homeland that students urgently have in it. Is there any content of character values of love for the homeland in the Digital Book of Madrasah Clusters of Islamic Religious Subjects Class XI Madrasah Aliyah? The purpose of this study is to describe the content of character values of love for the homeland in the Digital Book of Madrasah Cluster of Islamic Religious Subjects Class XI Madrasah Aliyah. This research uses the method of literature study and content analysis. This method is used to obtain the right target book by searching the textbook completely and accurately. Meanwhile, content analysis is carried out by conducting a study on the content of character values of love for the homeland in the Digital Book of Madrasah Cluster of Islamic Religious Subjects class XI Madrasah Aliyah which includes aspects of: (1) defending the country; (2) tolerance; (3) obey norms and regulations. The findings of this study show that the content of character values of love for the homeland in textbooks has been stated in each subject within the scope of its family (Qur'an-Hadith, Akidak Akhlak, Jurisprudence, and Islamic Cultural History) completely and proportionally
Community Preferences to Perform Marriages at Home After The Issuance of Government Regulation No. 48 Of 2014
Get PDFThe Government Regulation No. 48 of 2014 concerning Tariffs for Non-Tax State Revenues that apply to the Ministry of Religion, among others, stipulates that the cost of registering marriages performed at the religious affairs office (RAO) on working days and hours is zero rupiah (free), whereas if a married is performed at home, it is subject to a fee of IDR 600,000. In fact, many people still perform marriages at home. Against this phenomenon, there are two interesting problems to study. First, how is public knowledge about the Government Regulation No. 48 of 2014? Second, what are the reasons beyond people's preferences for marriages at home instead of at RAO? This study belonged to empirical socio-legal research in the form of field research and applied a qualitative descriptive analysis method. The conclusion of this study fell into two. First, there were still many people who did not know and understood the Government Regulation No. 48 of 2014. The things that underlined people's preferences for marriages at home entailed views and beliefs of the marriage sacredness, tradition or custom, self-respect, avoiding negative images, limited RAO’s facilities, convenience, the distance of RAO, and time efficiency
The Effect of Inflation, Bi Rate, JUB, Exchange Rate, and SBIS on the Jakarta Islamic Index in 2010-2023
Get PDFPurpose: Despite variations in economic indicators such as inflation, central bank interest rates, monetary supply, currency valuations, and Islamic financial products, the Jakarta Islamic Index maintains steady stock trading performance. The study examines how various economic factors influenced the Jakarta Islamic Index (JII) between 2010 and 2023. In particular, it explores how the index's behavior is shaped by inflationary pressures, Bank Indonesia's benchmark rate, money circulation, foreign currency exchange rates, and Islamic-compliant certificates issued by Bank Indonesia.Design/Method/Approach: The study utilizes quantitative methods, analyzing data collected over time from credible institutions such as Bank Indonesia, the Financial Services Authority, the Central Statistics Agency, and other reputable sources. Various analytical approaches are employed, including classical assumption testing, multiple linear regression, individual and collective significance evaluations, and determination coefficient analysis. This research employs various analytical techniques to examine how multiple economic variables (including inflation rates, the Bank Indonesia interest rate, money supply levels, currency exchange rates, and Bank Indonesia Sharia Certificates) potentially influence or correlate with the performance of the Jakarta Islamic Index.Findings:The study's results indicate that among the economic factors analyzed, such as Inflation, BI Rate, Money Supply, and Bank Indonesia Sharia Certificates, most did not show significant individual effects on the Jakarta Islamic Index. The exchange rate, however, emerged as the only factor with a notable individual impact. Collectively, when all these economic variables were considered together, they were found to have a combined influence on the Jakarta Islamic Index.Originality/Values: This study's findings offer valuable information for both investors and policymakers, shedding light on the intricate workings of the Islamic capital market and pinpointing crucial economic factors that shape its performance.ABSTRACTPurpose: Despite variations in economic indicators such as inflation, central bank interest rates, monetary supply, currency valuations, and Islamic financial products, the Jakarta Islamic Index maintains steady stock trading performance. The study examines how various economic factors influenced the Jakarta Islamic Index (JII) between 2010 and 2023. In particular, it explores how the index's behavior is shaped by inflationary pressures, Bank Indonesia's benchmark rate, money circulation, foreign currency exchange rates, and Islamic-compliant certificates issued by Bank Indonesia.Design/Method/Approach: The study utilizes quantitative methods, analyzing data collected over time from credible institutions such as Bank Indonesia, the Financial Services Authority, the Central Statistics Agency, and other reputable sources. Various analytical approaches are employed, including classical assumption testing, multiple linear regression, individual and collective significance evaluations, and determination coefficient analysis. This research employs various analytical techniques to examine how multiple economic variables (including inflation rates, the Bank Indonesia interest rate, money supply levels, currency exchange rates, and Bank Indonesia Sharia Certificates) potentially influence or correlate with the performance of the Jakarta Islamic Index.Findings:The study's results indicate that among the economic factors analyzed, such as Inflation, BI Rate, Money Supply, and Bank Indonesia Sharia Certificates, most did not show significant individual effects on the Jakarta Islamic Index. The exchange rate, however, emerged as the only factor with a notable individual impact. Collectively, when all these economic variables were considered together, they were found to have a combined influence on the Jakarta Islamic Index.Originality/Values: This study's findings offer valuable information for both investors and policymakers, shedding light on the intricate workings of the Islamic capital market and pinpointing crucial economic factors that shape its performance
Implementation of Fatwa on Hajj Bailout Fund in Islamic Financial Institutions: A Systematic Literature Review Using PRISMA Approach
Get PDFPurpose: This study aimed to examine the implementation of fatwa no.29 regarding to hajj Bailout.Design/Method/Approach: The data retrieved used PoP software from Google Scholar on 1/26/2024. To determine the data, this study used the PRISMA framework approach. Then the final data will analyzed using a systematic literature review (SLR). The total documents are 78 documents, and the final document analyzed is 23 documents.Findings: The result showed that the first article appeared in 2011. Most of the research is in the form of article journals and thesis of undergraduate. The case study areas of existing research are quite diverse, which can be grouped into three categories, namely case studies on Islamic Banks, Islamic Rural Banks, and KPPS or BMT. This study found that only a third of the research comply with the Fatwa, while two third do not comply with the Fatwa. Interestingly, most of the main cause of the practice does not comply with Shariah is violating provision no. 4 which is in determining the fee or Ujrah. Hopefully, the Shariah Supervisory Board (SSB) will pay more attention to the practice of Islamic Financial Institutions (IFI) in the industrial world. For future research, perhaps researchers can study in more depth and examine the implementation of remaining fatwas.Originality/Values: This study concern on mapping the practice of implementation of fatwa no.29 in Islamic financial industries in Indonesia
The Word Formation of Blending in Humor Language: A Study of a Twitter Account “9GAG”
Get PDFThe purposes of this study were to analyze the blended words found in 9GAG posts on Twitter in conveying humor and discover their meanings. This study applied a qualitative descriptive approach. The data were collected from 9GAG posts containing blended words in conveying humor through observation and documentation analysis. The study's findings indicated that there were 15 blended words found in 9GAG posts in conveying humor. Furthermore, the meanings obtained by the researchers differ as well. Many words were semantically similar to those listed in dictionaries, while others had an unconventional meaning, which can be used and interpreted only in certain contexts. Additionally, these findings were useful as language updates by listing new words discovered in the dictionary. It can rapidly enhance people’s linguistic understanding, especially EFL teachers and students who teach and learn English using this account. So, the misinterpretations and ambiguities that occurred this time could be minimized
The Impact Explorative Study of Teachers’ Perception on Online Learning Based on Technology Accepted Model
Get PDFThis study aims to offer teachers' perspectives on the effects of integrating online learning, utilizing technology accepted models (TAM) by Davis, during the spread of the Corona virus. This study employed an exploratory case study to dig up further about English teachers’ perception toward online learning based on TAM. The participants consisted of 20 SMPN teachers to respond the questioner and 5 SMPN teachers to answer the interview in Jombang region, East java, Indonesia. The data were obtained from questionnaires and interviews developed based on TAM. All participants completed online research questionnaires with Google Form application. And was followed by interviews to support the finding from questionnaire. The results indicated that participants held a favorable opinion about the perceived utility, convenience of use, and behavioral intention of online learning systems.  The majority of teachers agreed on online learning. Although the teachers faced multiple challenges when conducting online classes, they remained optimistic about utilizing technology for remote instruction.Â