Abstract:The word Maisir in Arabic literally means to obtain something very easily without hard work or to gain profit without working. It is anything that involves gambling, betting or risky games. Another term used in the Quran…
is the word `azlam' which means the practice of gambling. Economic activity plays a vital role in creating a prosperous, just and prosperous society. Islam teaches in the economic system of its ummah, based on the values of justice that must be upheld, and become the main principle for conducting economic activities. Every economic activity must contain elements of benefit and not mistreatment of himself and others, so that economic activity can create community welfare equally. Conducting economic activities is not allowed to be done if it contains elements of gharar, maysir and usury or taking the rights of others by false means. In the Qur'an letter al-Baqarah: 219 and surat al- Ma'idah: 90 and 91, it is known that gambling is an abominable act that is forbidden by Islam. The scholars also said that gambling (maisir) is a game where the winner gets a certain amount of money or goods without reasonable effort and can make people fall into the valley of poverty because it contains three elements, namely games/competitions, there is a bet, luck. Today's modern conventional (non-sharia) businesses generally contain three elements that are prohibited in Islamic economic ideology, namely gharar, maisir and riba. This happens not separated from the reality of conventional business development trends and not widespread awareness and coverage of economic services based on Islamic economics. Bank Muamalat Indonesia (BMI) is the first purely Islamic bank in Indonesia which in principle all of its main products both in the service of Financing Strategy products (deposits funds) and financing products (financing) based on the Islamic system (profit sharing). BMI seeks to implement aspects of Islamic economic ideology that consistently avoids gharar, maisir and usury.
Abstract:The criminal act of gambling in Indonesia is regulated in the Criminal Code (KUHP) Article 303 and the Information and Electronic Transactions Law (UU ITE) Article 27 paragraph (2) which can generally be applied to online…
e gambling players even if the person concerned does not gambling as a livelihood, but in practice law enforcement is more targeted at online gambling organizers and is not yet optimal for ensnaring online gambling players at the individual level so that weak law enforcement against online gambling players has the potential to give rise to legal uncertainty, so this research is a type of normative legal research or literature research that carried out by examining theories, concepts, legal principles and statutory regulations related to the urgency of criminal regulation of online gambling players in fulfilling the principle of legal certainty through a statutory approach and a conceptual approach with primary legal material sources, the Criminal Code and the Law. ITE as well as secondary legal materials in the form of books, scientific journals, articles, literature related to this topic which are collected through literature studies and analyzed deductively so that they can provide prescriptions for criminal regulations for online gambling players who must guarantee the law. certainty in order to protect the public from the increasing dangers of widespread online gambling.
Abstract:The term "khitbah" refers to the rituals involved in proposing marriage between a man and a woman, or between a man and a woman. The words "khitbah" (proposing) and "zawaj" (marrying/getting married) are defined differently…
tly in all hadith volumes. Similarly, conventions distinguish between males who are engaged and those who are married, and the Shari'ah makes a clear distinction between the two. Just as the Qur'an discusses marriage (including proposals), the Prophet's hadith also describes marriage proposals, which is the first step in continuing the practice to the level of marriage, and the author here presents a thematic interpretation study of the hadith pertaining to sermons.
Abstract:The discourse on casino legalization in Indonesia arises as a response to the widespread illegal gambling that remains difficult to eradicate despite being prohibited under the Criminal Code (KUHP), Law No. 7 of 1974, and…
d the Electronic Information and Transactions Law (ITE). The gap between legal norms (das sollen) and social reality (das sein) shows that prohibition alone has not been effective. This research uses a qualitative method with a normative juridical approach based on legislation and a comparative approach, particularly examining Malaysia and Singapore, which have successfully managed casinos through strict regulations. The findings indicate that casino legalization in Indonesia could serve as an alternative fiscal policy, provided that clear regulations are established, ensuring economic benefits such as increased state revenue and effective control over illegal gambling, without undermining national morals and values.
Abstract:The advancement of digital technology has brought significant changes to the legal system, particularly in the use of electronic evidence as a means of proof in court. However, the validity of digital forensic evidence is…
s often questioned due to various technical, procedural, and legal challenges. This study aims to analyze the factors contributing to the failure of digital forensic evidence in legal proceedings and to formulate recommendations for improving its validity. The method used is a Systematic Literature Review (SLR) by examining various academic sources that discuss issues of digital evidence validity, forensic standards, and emerging legal challenges. The results of the study indicate that the failure of digital evidence generally stems from non-compliance in the processes of data collection and preservation with chain of custody standards, insufficient competence of law enforcement officers in digital technical aspects, and conflicts between legal requirements and data privacy regulations, such as the GDPR and CCPA. The case study of online gambling 2020, at the South Jakarta District Court confirms that the absence of forensic verification and chain of custody documentation caused the digital evidence to lose its probative value. Therefore, it is necessary to establish standardized forensic procedures, provide training and certification for law enforcement officials and forensic experts, and develop national guidelines for managing digital evidence aligned with international standards. This research is expected to contribute to strengthening the integrity and validity of digital evidence, thereby enhancing the enforcement of justice in the digital era.