Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
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Implementasi Euthanasia dalam Perspektif Ulama dan Hak Asasi Manusia
Full text linkEuthanasia is a problematical issue among doctors, legal practitioners, and religious scholars. It has become a topic of discussion in various countries, especially Indonesia and Malaysia when viewed from the perspective of religion and human rights. The scholars agree that an action can only be classified as a Jarimah if the action is strictly prohibited by syara'. Although there is no clarity or certainty in determining whether euthanasia is a crime or not, the concept of euthanasia itself, formulated by experts, is written and is prohibited in the Al-Quran and Hadith. For example in the Al-Qur'an in QS. Al-An'am verse 151: "And do not kill the soul that Allah has haraam (kills it) but with the right cause". Killing here means killing in any way, including killing with the help of others, such as the concept of active euthanasia. Meanwhile, from a human rights perspective, euthanasia is an effort to eliminate the right to life of a human being, because the nature of euthanasia itself eliminates human life because it will harm others
Kerusuhan Massa oleh Supporter Persebaya
Full text linkFootball supporters are the twelfth players who are arguably the most fanatical and enthusiastic in defending the club they love. Unfortunately, when they support their team, sometimes they commit mass riots by committing criminal acts as the destruction of property, ill-treatment, and humiliation. This paper aims to find out (1) how the mass riots transpired by PERSEBAYA Supporters and (2) how the juridical perspective and Islamic criminal law against the mass riots. At the end of the paper, two things were concluded. Firstly, that the mass riots committed by PERSEBAYA's Supporters in Surabaya were triggered by excessive fanaticism. Secondly, according to Islamic criminal law, it is included in the category of criminal acts of injury, torture, and vandalism, whether intentionally or intentionally. The reason for legal responsibility is because the Persebaya Supporter riots producing harm unto others and this must be legally processed either Islamic law or Positive law
Kebijakan Pemerintah Kota Surabaya Terkait Izin Pemakaian Tanah Milik Es Krim PT. Z
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The Surabaya City Government issued Surabaya City Regional Regulation Number 3 of 2016 concerning Land Use Permits (IPT). This Regional Regulation provides certainty regarding green letters which are assets from the Surabaya City Government. The Surabaya City Government can collect retribution or rent money from the tenant, in this case the citizen who owns the green letter. This research uses a qualitative approach, where this research uses a natural setting with the intention of interpreting the phenomena that occur and is carried out by involving existing methods. The result of the writing about this case study is that the right to enjoy the permit over the use of the land is still applies for Ice Cream Z's ownership if the re-submission process is approved, because the Regional Regulation does not explain that the end of contact does not include the end of IPT, beside that the requirements for rejection of an applications issued by the Surabaya City Government do not have an appropriate legal basis
Pengelolaan Dana Zakat Kontemporer: Mengentas Kemiskinan dan Solusi Meningkatkan Perekonomian Bangsa
Full text linkThis research was conducted with the aim to find out the management of zakat in poverty alleviation and to find a model of contemporary zakat management in solutions to improve the nation's economy. The research method used is descriptive qualitative. The results of the study show that the management of zakat can alleviate poverty through the East Java Prosperous Program in the form of productive zakat funds in the form of venture capital assistance, skills training, and provision of business tools. Productive zakat funds are not funds for consumption mustahiq, but to be used mustahiq in business and improve their quality so that the productive zakat funds are not only used up once, but can support the life of mustahiq in the future until he turns into muzakki. The management of zakat in a contemporary perspective in this study is intended that Baznas can work together with sharia cooperatives which together become amil zakat. This model of cooperation in managing zakat can certainly benefit various parties, especially for Baznas, sharia cooperatives, and micro-entrepreneurs
Peran Lembaga Kepolisian dalam Perspektif Fiqh Siyasah
Full text linkLooking at the crime statistic, it shows the continuous increase of crime either in number and quality. Even more varied and creative. Therefore, in order to produce internal security and to maintain the wellbeing of the people, a special institution is needed to handle it, namely the Police Agency. By using normative legal research and combining it with an analytical approach in order to analyze the data descriptively and inductively, this study tries to determine the role of the Police agency based on Fiqh Siyasah. It is concluded that: firstly, in Indonesian, there is a Police Agency that is a state instrument that plays a role in maintaining public order and security, enforcing the law, providing protection and services to the public. Secondly, in Islamic Law, there is the Muhtasib Institution, which has a supervisory and controlling body. Thirdly, that the Police in Islamic and Indonesian Law has almost the same duties that are as law enforcement to maintain security and public order. However, because of the law in Islam covers both mu'amalah and 'ubudiyyah aspects, so the scope of police responsibility in Islam is broader
Posisi Ulama dalam Pemilihan Gubenur Jawa Timur Perspektif Fiqh Siyasah
Full text linkThis paper aims to find out the Ulama's standpoint in the practice of Election of Governors from fiqh siyasah perspective. The results of the study concluded that the election of governor in East Java conducted through direct election by the people. The influence of Ulama in the election of governors and deputy governors of East Java to the people drawn the interest of politicians. It is because the Ulama have the legality, influence, and social capital that are the parameters that can influence the tide of votes in the election of the Governor of East Java that is still heavily associated with Pesantren culture. In Islam, there is no prohibition for Ulama to take part in political life as the Prophet besides being the bearer of the treatise of Allah also become as umara'. At the time of khulafaur Rasidin almost every line of sUlama held the government position. The most important thing is to be able to control the umara/government in carrying out its duties as the people's representative. This kind of indicator will elevate the image of the Ulama as a servant of God among other creatures
Implementasi Asas Good Governance di Indonesia dalam Perspektif Fiqh Siyasah Qadaiyyah
Full text linkThis study purpose to describe the implementation of the principle of good governance in the justice system in Indonesia. It will also be explained in relation to the view of fiqh siyasah qadaiyyah in the application of the principle of good governance in the world of justice. The research method used is normative legal research, through a legislation and conceptual approach that is expected to be able to answer and provide a description of this research. The results of the study say that the application of the principle of good governance in the world of justice can begin by applying transparency and accountability in each court institution. In addition, fiqh siyasah qodloiyah in Islamic justice also strongly recommends that judges always do justice and deliver the mandate as well as possible. Therefore, both in the Islamic court and the judiciary in Indonesia have both applied the principles and principles of good governance
Aplikasi Sains dan Teknologi Untuk Memverifikasi Deviasi Arah Kiblat Masjid-Masjid di Kecamatan Mlarak Kabupaten Ponorogo
Full text linkAbstrak: Penentuan arah kiblat masjid-masjid di Kecamatan Mlarak Kabupaten Ponorogo mayoritas menggunakan metode perkiraan, dimana akan ada deviasi jika diverifikasi dengan ilmu falak dan theodolite. Jenis penelitian ini adalah penelitian lapangan dengan pendekatan kuantitatif dan kualitatif. Teknik analisa datanya menggunakan metode statistik dan dibantu dengan analisa kualitatif. Penelitian ini menghasilkan kesimpulan antara lain: dengan aplikasi sains dan teknologi dalam ilmu falak mampu memverifikasi deviasi arah kiblat masjid-masjid di Kecamatan Mlarak Kabupaten Ponorogo yaitu dengan mencari kiblat baku dikurangi kiblat nyata. Dari verifikasi tersebut, didapatkan deviasi (penyimpangan) rata-rata arah kiblat masjid-masjid di Kecamatan Mlarak Kabupaten Ponorogo sebesar 18o 20' 15.09”. Terjadinya deviasi antara arah kiblat baku dengan arah kiblat nyata masjid-masjid di Kecamatan Mlarak Kabupaten Ponorogo dikarenakan penentuan arah kiblat nyata rata-rata hanya dengan menggunakan metode perkiraan saja, sedangkan arah kiblat baku diukur dengan alat-alat yang akurasinya tinggi yaitu theodolite. Dari hasil pengukuran tersebut ada satu masjid yang arahnya bukan ke barat melainkan ke barat daya (tidak ke barat dan tidak ke arah kiblat).
Kata kunci: Arah, kiblat, masjid, deviasi
Abstract: Determination of the direction of the mosques in Mlarak District, Ponorogo Regency, the majority use the estimation method, where there will be a deviation if verified by astronomy and theodolite. This type of research is field research with quantitative and qualitative approaches. Data analysis techniques using statistical methods and assisted with qualitative analysis. This study produces conclusions, among others: with the application of science and technology in celestial science is able to verify the deviation direction of the mosques in the District of Mlarak, Ponorogo Regency, namely by looking for the standard Qibla minus the real Qibla. From this verification, the average deviation (direction) of the mosques in Mlarak Subdistrict, Ponorogo Regency is obtained 18o 20' 15.09". The deviation between the standard qibla direction and the real qibla direction of mosques in Mlarak Subdistrict, Ponorogo Regency is due to the determination of the real qibla direction only by using the estimation method only, while the standard qibla direction is measured by high accuracy tools, theodolite. From the results of these measurements there is a mosque whose direction is not to the west but to the southwest (not to the west and not to the Qibla).
Keywords: Direction, Qibla, mosque, deviatio
Perjanjian Iklan di Radio Suara Akbar Surabaya menurut Hukum Islam dan Hukum Positif
Full text linkThe data of this research were collected using observation, interview, and literature study techniques. Then analyzed with descriptive techniques in describing the problem of advertising agreements at Radio Suara Akbar Surabaya. After the data obtained were then analyzed using the Islamic Law and Positive Law. The results of this study concluded that the advertising agreement on SAS FM radio Surabaya with the advertiser, namely the Al Falah Social Fund Foundation (YDSF) had no procedural problems, but in practice there was a default by SAS FM radio with the broadcaster's negligence in managing the time. So that, the advertisement cannot be played as agreed, namely at the exact time of the SAS FM radio signal, in addition to an erratic power outage, and an unexpected time transmitter malfunction. The advertising agreement in this case, according to Islamic law, there are conditions that are not fulfilled, so that it is detrimental to the YDSF advertiser whose advertisement is not shown at the right time signal. According to positive law, it also causes losses to the party carrying out the advertisement. So that, the advertiser can claim compensation for both broadcast time and costs. In this case, the aggrieved party is the client by not showing the advertisement as agreed, then SAS FM is required to change the broadcast time outside the existing agreement