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Analysis of Low Realization For Mudharabah Financing at Muamalat Indonesia Bank, Banda Aceh Arinal Rahmati; Deni Mulyadi; Januddin Januddin
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 1, No 4 (2018): Budapest International Research and Critics Institute December
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v1i4.111

Abstract

This study aims to determine the causes of low realization of mudharabah financing at Muamalat Indonesia Bank, Banda Aceh Branch. This research is expected to be a framework or model for other Islamic banks that have the same problem. Data for this study are collected through in-depth interviews and documentation studies. This research uses descriptive analysis method and the results of the data obtained are analyzed qualitatively. The results of the study show that the minimum factor of realization of mudharabah financing is caused by the bank's difficulty in obtaining the income statement accurately, transparently and routinely. In addition, mudharabah products are very vulnerable to the occurrence of moral hazard from business actors (mudharib) who tend to maximize profits resulting in reduced returns to the bank as shahibul mall. Then other factors are also influenced by the ineffectiveness of the profit-sharing financing model relating to entrepreneurs and the lack of interest in the scheme of profit sharing in business activities.
Juridical Analysis of the Amount of Diyat Toward Armed Conflict Victims in Aceh Munawarsyah Munawarsyah; Januddin Januddin; Muhammad Jafar
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 1, No 4 (2018): Budapest International Research and Critics Institute December
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v1i4.99

Abstract

Islamic criminal law recognizes a kind of punishment called as diyat (compensation) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or damage of victim body. The legal basis for the determination of diyat can be found in Koran, chapter Al-Baqarah verse 178. Apart from that, there is Hadist of Muhammad Prophet written by Abu Dawud (peace be upon him), explaining the amount of diyat based on crime category whether murder or torture.Aceh Governance has implemented this kind of punishment as a solution on criminal offences in realizing and fulfilling justice for armed conflict victims since 2002. In providing the policy of such payment for the victims in Aceh is based on the assumption that they are under the responsibility of state, therefore the government has determined the compensation on them. The amount of the compensation provided for the victims is not equal to the amount ruled by Islamic criminal law. Therefore, it is interesting to explore regarding the concept becoming the basic for determining it by Aceh Government, and compared it to the amount ruled by the law.The research reveals that the sum of money for the compensation of what called diyat based on Islamic criminal law is the standard concept but it can be replaced by sum of money or properties that have equal price. The basic rules for this punishment in Islamic criminal law can be found in Al-Baqarah verse 178 of Koran. Moreover, regarding the sum of payment that should be provided can be found in Hadith of Prophet of Muhammad Peace be upon him which is told by Imam Abu Daud, mercy Allah for him. Practically, in Islamic criminal law the court, responsible persons and a due date for the payment must decide it.  The rule consisting in the Islamic law is really different from the implementation of compensation done by Aceh Government towards the victims in Aceh. It is recommended that the Aceh Government should realize the rules of the sum of compensation that should be received by the victims or the families based on the determination of the Court as a legal basis. In addition, the Central government as the main responsible party in repairing the condition of the society after the conflict should become the priority and absolute. The law enforcement in fulfilling the rights in Aceh should be done by involving some parties especially priest. Hence the society of the victims in Aceh obtains justice and legal certainty to get their rights.
“Fair” Status of Marriage Wali According to Shafi'i Mazhab and Hanafi Mazhab Fadhil Mubarak; Januddin Januddin
Al Mashaadir : Jurnal Ilmu Syariah Vol 3, No 2 (2022)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v3i2.90

Abstract

This research is motivated by the existence of a marriage carried out by a virtuous wali in a society where the majority adhere to the Shafi'i school of thought. The purpose of this research is to find out what the opinion of the Shafi'i and Hanafi schools is about the just status of marriage wali today, and find out how the opinion of the Syafi'i and Hanafi schools compares the status of marriage wali. This research is library research. Data analysis method used comparative method. The object of this study is the comparison of the Syafi'i and Hanafi schools regarding fair wali as a condition for the validity of a marriage contract. In addition, KHI does not require that wali in marriage must be fair. The Syafi'i school of thought explains that the requirements for a wali are fair with six criteria, namely Islam, puberty, sound mind, independence, male and fair. When viewed from the opinion of the Shafi'i school of thought, the implementation of marriage by a virtuous wali, the marriage is void. However, Islamic law is not rigid. Even though according to Islamic law the marriage of a person whose wali is wicked is void, there is still a loophole for his child's marriage to remain valid according to Islamic law. By following the opinion of other scholars such as the Hanafi school of thought, the marriage is still valid with the following reasons; First, namely, someone's Islam is considered sufficient to become a marriage wali, so it doesn't look at whether the person is fair or not. The two wicked wali may become wali, namely looking at the element of benefit for others.
RISIKO DAN MANAJEMEN RISIKO PADA PERBANKAN SYARIAH Januddin Januddin; Muhammad Al Mustafa
SYARIAH: Journal of Islamic Law Vol 4, No 1 (2022)
Publisher : STISNU Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sy.v4i1.524

Abstract

An account officer will definitely face various risks related to disbursed financing. Risk is defined as a deviation from the realization of the plan that has been set as a target that may occur unexpectedly. Therefore, all companies, including Islamic banking, must have management of the risk itself. This study aims to determine the risk and management of risk in Islamic banking. The method used is literature study. The results of the study show that these risks can be classified into 2 groups, namely, first: systematic risk, second: nonsystematic risk. In this case Islamic banks make various efforts in the risk management process by developing written procedures that reflect the overall strategy and ensure its implementation. The procedures made must contain policies to identify, measure, and control risks in all banking activities including. The target of this risk management policy is to monitor and control the course of financing distribution activities with a reasonable level of risk in a directed, integrated and sustainable manner.
The Inclusion of Ulema in the Aplication of Islam Nusantara Law for the Aceh Community Muhammad Yusuf, Januddin; Yuslem, Nawir; Tanjung, Dhiauddin
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1428

Abstract

Islam Nusantara is recognized as an ideology that advocates the application of fiqh law while accommodating cultural and traditional values. In the contemporary evolution of religious comprehension, particularly in Aceh, the local community perceives cultural manifestations in worship as misguided. Therefore, the introduction of Islam Nusantara concept aims to rectify these misconceptions through cultural adjustment with Sharia, commonly referred to as Islamization. Considering these challenges, the role of ulemas should be examined by implementing and practicing fiqh law in the Aceh community. Furthermore, this study adopts qualitative and descriptive normative methods. Data are derived from a comprehensive literature review, interviews, and observations, and subjected to qualitative data analysis methods. The results show that fiqh practices in Aceh are always based on the fatwa of ulemas to provide legality of carrying out these practices. The inclusion of ulemas is indispensable to ensure the conformity of new cultural teachings with the established legal framework.
KEDUDUKAN IMAM DESA SEBAGAI AMIL ZAKAT DALAM PERSPEKTIF HUKUM SYARIAH : The Position of Village Imam as Amil of Zakat in Aceh Perspective Syariah Low Januddin, Januddin
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.27 KB) | DOI: 10.61393/tahqiqa.v17i1.85

Abstract

In the concept of sharia economics, the distribution of zakat that is evenly distributed and on target is one of the efforts in economic equality to minimize the poverty rate in Aceh in particular. This function is integrated into the role played by Amil zakat as zakat manager including the village priest. This study aims to determine the role of village faith as amil zakat from the perspective of Syariah Low then the legal basis for the prohibition of village priests from receiving zakat in a position as a zakat senior. The method used is a case study by collecting data through in-depth interviews which are analyzed using a qualitative approach. The results of the study presume that the village priest ex officio serves as the head of the BMG so that he has the status of an amil in accordance with article 13 paragraph 4 of Qanun Aceh No 10 of 2018. So the delivery of zakat through the village priest is the same as giving it to mustahik. Even though he has the status of an amil, even so the position of village priest is not that of an amil senior. This is because the village priest is considered a wali iqlim, that is, a person in charge of religious affairs in an area, from this position it is determined that the village priest is not entitled to receive zakat but because of his position as amil, he is entitled to receive only ujrah mitsil from his work in managing.
Acehnese Dayah Ulama's Response to the Use of 'Urf in Istinbath of Fiqh Law from Islam Nusantara Yusuf, Januddin Muhammad; Yuslem, Nawir
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5732

Abstract

This study aims to find the reaction or response of Acehnese dayah scholars (ulama) to the use of ‘urf in istinbath of Fiqh Law from Islam Nusantara. This study departs from the fact that Islam is a religion of rahmatan lil’alamin as a universal religion, and the development of society in Indonesia has a growing variety of cultures, thus requiring a special fiqh methodology in adapting culture to religion. This research is a field research with a descriptive qualitative research type. Data collection techniques using documentation, observation and interview techniques. The interviewees came from several dayah clerics who are members of several Islamic organizations such as the NU organization, the MPU organization, the HUDA organization, and the Tastafi Aceh organization. The results of the study show that the response of Islamic religious scholars in Aceh to the use of ‘urf in istinbath fiqh law of Islam Nusantara, some accepted and some refused. Those who refused reasoned that the use of ‘urf fashid is not in accordance with the Shari'a and leads to shirk as is customary of peulheuh alen, rabu abeh in Acehnese society. While the use of ‘urf shahih, Islamic religious scholars in Aceh accept it because it does not conflict with the Shari'a like khanduri blang because it is included in the generality of the argument for charity. Thus, it can be concluded that the istinbath method of Islam Nusantara fiqh law can be accepted and has its legality according to Acehnese Islamic scholars when using ‘urf shahih. The findings of this study contribute to the fact that customary practices need to be preserved if they do not conflict with Shari'a.
Husband's Obligation to Provide Financial Maintenance for Career Wives in the Modern Context: Perspectives of Dayah Scholars in Pidie Jaya Januddin Januddin; Munawiah Abdullah; Nurlinda Yani
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 8 No 1 (2026): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v8i1.14848

Abstract

This study aims to analyze a husband's obligation to provide financial maintenance (nafaqah) to a career wife from the perspective of Dayah Ulama (traditional Islamic scholars) in Pidie Jaya Regency. Amidst social transformation and digitalization, the phenomenon of wives serving as the primary breadwinners has become increasingly prevalent across several sub-districts, namely Meureudu, Meurah Dua, Bandar Baru, and Trienggadeng. Sociological realities indicate a degradation of marital responsibility among husbands, who tend to be negligent and spend excessive time in informal spaces such as coffee shops, thereby shifting both domestic and financial burdens onto the wives. Data gathered through in-depth interviews with key Dayah Ulama figures demonstrate that providing financial maintenance remains the absolute responsibility of the husband as an individual obligation (fardhu 'ayn), irrespective of the wife's economic status. A wife’s status as a career woman does not annul her right to maintenance, as it constitutes a legal consequence ('iwadh) of the marriage contract. The Dayah Ulama perceive the wife's financial contribution not as a mandatory obligation, but as a form of voluntary assistance (tabarru') that holds spiritual merit ('ibadah). Conversely, pursuing a career does not grant an automatic dispensation for a wife to neglect her domestic duties and childcare. The scholars emphasize the urgency of revitalizing the concepts of mu'asharah bil ma'ruf (kind companionship) and ta'awun (mutual assistance) within the household. As a theological solution, this study proposes a relational model wherein the husband maintains his role as the primary protector, while the wife functions as an honorable domestic manager. This model serves to preserve family stability in the modern era in accordance with the principles of Maqasid al-Shari'ah.
Pluralism of Inheritance Law: Gender Justice in Islamic and Acehnese Customary Perspectives Januddin Januddin; Muhammad Jafar; Nurlinda Yani
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i1.14120

Abstract

Ideally, the inheritance law system in Indonesia is expected to realize inclusive justice for all parties, including in terms of gender. However, in reality, the pluralism of law consisting of Islamic law, customary law, and civil law reveals fundamental differences in inheritance distribution, which often lead to inequality, particularly for women. This study aims to analyze how gender justice is understood and implemented within a plural inheritance law system, as well as how local practices in Aceh reflect the interaction between Islamic law and customary law. This article is categorized as a library research with a qualitative approach. The methodology used is normative legal study and comparative study. The results conclude that the pluralism of inheritance law in Indonesia provides flexibility in legal application but also has the potential to create legal uncertainty and gender injustice. From an Islamic perspective, inheritance distribution is based on distributive justice, while customary law shows variations depending on kinship systems. Local practices in Aceh demonstrate an integration of Islamic law and customary law through deliberation, although they do not yet fully reflect contextual gender justice.