Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam

Reconceptualizing Criminal Fault in Abortion Cases: Reforming Indonesian Criminal Law

2025-07-09T10:45:43+08:00

Ideally, the element of fault (mens rea) in abortion crimes should be understood contextually by taking into account the psychological, social, and situational conditions of the perpetrator, particularly in cases involving victims of sexual violence. However, in reality, the criminal law approach in Indonesia remains rigid and formalistic, offering little room for a humane interpretation of culpability. This study aims to offer a new perspective in reconceptualizing the element of fault in abortion crimes by referring to the dynamics of national criminal law reform. The research employs a juridical-normative method with a descriptive-qualitative approach through library research on the 2023 Criminal Code (KUHP), the Health Law, related implementing regulations, and recent legal literature. The findings conclude that the reconceptualization of culpability in abortion crimes should shift toward an understanding of a spectrum of intent rather than a strict dichotomy of intentional or unintentional acts. The reform of Indonesia’s criminal law through the 2023 Criminal Code has opened broader avenues for protecting abortion victims in specific contexts, but further improvements are needed in terms of regulatory harmonization, evidentiary requirements, and legal protection for medical personnel to ensure a fair and victim-responsive justice system.

Islamic Education Insurance to Prevent School Dropout from the Perspective of Maqasid al-Shariah: A Case Study at PT Takaful Keluarga Medan

2025-07-02T16:27:43+08:00

Education is a fundamental right of every child and, ideally, should be fulfilled without being hindered by the family's economic condition. However, in reality, many children are forced to drop out of school due to financial instability, especially when unexpected events occur, such as the death or permanent disability of the family’s breadwinner. This study aims to examine the contribution of Islamic education insurance in preventing school dropouts through the perspective of the objectives of Islamic law (maqasid sharia), and to analyze its implementation in the Fulnadi product offered by PT Asuransi Takaful Keluarga. The research uses a qualitative method with a case study approach, utilizing interviews, observation, and document analysis as the primary data collection techniques. The findings reveal that Islamic education insurance, based on mutual assistance (tabarru') and agency contracts (wakalah), ensures the continuity of children's education despite financial risks faced by the family. In the perspective of maqasid sharia, this insurance supports the protection of intellect, wealth, and progeny by providing long-term financial security.

The Hermeneutical Approach in Understanding Islamic Law: A Philosophical Study

2025-07-20T00:48:32+08:00

Ideally, Islamic law is understood as a dynamic and ethical normative system capable of responding to the changes of the times. However, in reality, traditional approaches to legal texts often fall into literal and formalistic readings, thereby limiting the space for contextual and reflective ijtihad. This study aims to explore the hermeneutical approach as a philosophical foundation for understanding and reconstructing Islamic law in a way that is more adaptive to social and historical dynamics. Using a library research method and a philosophical-interpretive approach, the analysis is conducted through a critical hermeneutic lens on the works of Western hermeneutic thinkers, along with contemporary literature on Islamic legal studies.
The findings reveal that the hermeneutical approach can revitalize ijtihad methodology by ethically and historically bridging the gap between text and context. The integration of hermeneutics into Islamic legal studies offers a significant contribution to the development of a legal system that is not only normatively valid but also contextually meaningful and humane.

Analysis of the DSN-MUI Fatwa on the Rahn Contract: A Case Study at PT Pegadaian Syariah Simpang Lima Banyuwangi

2025-07-20T18:49:06+08:00

Ideally, the implementation of the rahn contract in Islamic financial institutions such as PT Pegadaian Syariah should fully adhere to the principles and provisions of the DSN-MUI fatwa. However, in practice—particularly at PT Pegadaian Syariah Simpang Lima Banyuwangi—there are still discrepancies from these standards, such as a lack of cost transparency, limited customer education, and weak internal oversight. This study aims to analyze the implementation of the rahn contract at PT Pegadaian Syariah Simpang Lima Banyuwangi and assess its compliance with the DSN-MUI fatwa both normatively and technically. This article is categorized as qualitative field research using an empirical legal study approach. The findings show that the implementation of the DSN-MUI fatwa on rahn contracts at PT Pegadaian Syariah Simpang Lima Banyuwangi is generally in accordance with sharia principles, particularly in avoiding riba (usury) and gharar (uncertainty). However, challenges persist, including lack of fee transparency, inconsistent operational standards, and insufficient sharia education for customers. Although the rahn product has proven helpful in supporting the financial needs of the lower-middle-class community, its effectiveness still requires strengthened financial literacy, enhanced internal supervision, and synergy between the institution and the public to ensure that the rahn contract becomes a truly fair and ethical financial instrument.

Identification of Mosque Qibla Azimuth Accuracy Based on Four-Direction Laser System in Seram Utara Timur Kobi

2025-07-22T07:41:43+08:00

Ideally, the Qibla direction is a fundamental element in mosque architecture that must be determined accurately to ensure that Islamic worship practices align with Sharia principles. However, in reality, many mosques in various regions, including the Seram Utara Timur Kobi Subdistrict, Central Maluku Regency, are suspected to have Qibla direction deviations due to inaccurate methods of determining the Qibla azimuth. This study aims to identify the accuracy level of mosque Qibla azimuths in the region using a mapping system based on the Four Direction Laser System (Foudils). The method applied in this research involves two-dimensional mapping through satellite image projection and true north orientation measurement using intersecting laser beam projections, combined with a geological compass and a digital protractor with 0.01° precision. Astronomical data are then analyzed using a simulator based on spherical trigonometric equations to obtain the Qibla Azimuth to Spherical Building (QUTSB) value. The findings indicate a significant angular deviation (SM) between the mosque building azimuth (M) and the QUTSB, with M ranging from 269°36'0" to 310°54'0", while the QUTSB ranges from 291°23'36.80" to 291°26'32.13". These results show that most mosques in the region are oriented too far westward, leading to an inaccurate Qibla direction that requires realignment to precisely face the Kaaba in Mecca.