Article Per Year (5 Year)
p-Index From 2020 - 2025
1.182
P-Index
This Author published in this journals
All Journal Asy-Syariah Jurnal El-Thawalib Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Jurnal El-Thawalib
Sainul, Ahmad
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 7 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 7 Documents
Search

 1 
Dispensasi Nikah di Pengadilan Agama: Tinjauan Maqosid Syariah dan Pertimbangan Maslahah-Mafsadah Sainul, Ahmad
Jurnal Mediasas: Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Vol. 7 No. 2 (2024): Jurnal Mediasas: Media Ilmu Syariah dan Ahwal Al-Syakhsiyyah
Publisher : Islamic Family Law Department, STAI Syekh Abdur Rauf Aceh Singkil, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58824/mediasas.v7i2.184

Abstract

Changes to the marriage law regarding the age of marriage no. 1 of 1974 that the minimum age for men and women is 19 years and women are 16 years, so that men and women have a minimum age of marriage of 19 years, in article 7 paragraph 1 number 16 of 2019. However, there is a gap for underage children to be able to carry out marriages at the Religious Affairs Office through permission from the Religious Court, this is called a marriage dispensation. This article examines the urgent reasons for obtaining permission from the Religious Court for marriage dispensations and how Maqosid As-Syariah analyzes marriage dispensations. This paper uses qualitative methods of document study and in-depth descriptive-normative analysis. The research results show that there are several urgent reasons to obtain permission from the Religious Court, such as intimate relations, pre-pregnancy, mutual love and arranged marriage. The judge considers underage marriages which are prohibited in accordance with the applicable regulations according to the circumstances of the case, through maslahah and mafsadat, considering which is less detrimental. [Perubahan undang-undang perkawinan mengenai usia pernikahan no 1 tahun 1974 bahwa pria 19 tahun dan wanita 16 tahun minimal, menjadi pria dan wanita minimal usia perkawinannya menjadi 19 tahun, pada pasal 7 ayat 1 nomor 16 tahun 2019. Meski demikian adanya celah untuk anak yang dibawah umur dapat melaksanakan pernikahan di Kantor Urusan Agama melalui izin Pengadilan Agama, hal tersebut dinamakan dispensasi nikah. Tulisan ini mengkaji apa alasan mendesak untuk mendapatkan izin Pengadilan Agama terhadap dispensasi nikah dan bagaimana analisis Maqosid As-Syariah dalam mengkaji dispensasi nikah. Tulisan ini menggunakan metode kualitatif studi dokumen dan analisis deskriptif-normatif secara mendalam. Hasil penelitian menunjukkan ada beberapa alasan mendesak untuk mendapatkan izin di Pengadilan Agama seperti hubungan intim, hamil duluan, saling mencintai dan perjodohan. Hakim mempertimbangkan pernikahan dibawah umur yang dilarang sesuai aturan yang berlaku dengan keadaan kasus yang terjadi, melalui maslahah dan mafsadatnya yang mepertimbangkan mana yang lebih sedikit mudhoratnya].
Judi Leklean di Desa Pudun Jae di Tinjau Hukum Pidana Islam Siregar, Zulfadly; Nasution, Muhammad Arsad; Sainul, Ahmad
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7992

Abstract

This study examines Leklean gambling in Pudun Jae Village in Review according to Islamic Criminal Law. The type of this research is qualitative or field research and the primary data source is data or information obtained directly through interviews with the people of Pudun Jae Village who carry out Leklean activities including statements from various parties, namely, Village Heads, Traditional Leaders, Ulama, Community, Card Player and Host. The secondary data sources are books, journals and documents that are considered related to this paper, while the data collection techniques are by means of observation, interviews and documentation and then the data analysis technique is qualitative descriptive. The results of this study explain that the implementation of Leklean is a community activity that is present on the night before the celebration event is carried out with many various activities such as preparing for tomorrow's needs, telling stories, keeping the location and playing cards. The factor that makes Leklean activities still exist today is that Leklean activities are very helpful to people who are doing events because if there is a Leklean then the location of the event will be safe from thieves and people who want to interfere with the event. The review of Islamic Criminal Law regarding Leklean is to explain that in Leklean Activities at the Sukur event, there is a card game that uses money as a bet so that the game feels enthusiastic. There are elements of gambling, elements of gambling in Islamic Criminal Law, namely the existence of games and bets, which causes a party to win and a party to lose. Islam forbids its people to seek and collect wealth in a vanity way such as gambling. Because the harm that exists in playing gambling is greater than the benefits.
Penghapusan Pembantu Pegawai Pencatat Nikah (P3N) Terhadap Pelayanan Pernikahan Siregar, Adelina; Nasution, Muhammad Arsad; Sainul, Ahmad
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.10858

Abstract

This study examines the impact of removing P3N on marriage services at the Padang Sidempuan city Office of Religious Affairs after the fall of the instruction of the Directorate General of Islamic Community Guidance number Dj.II/113 of 2009 regarding the use PNBP funds for marital reconciliation and P3N management, as well as the instruction of the Director General of Islamic Community Guidance number Dj.II/1 0f 2015 about the P3N designation for regions D1 and D2. The research method used is field research with a qualitative approach.The primary data from the instruction of the Directorate General of Islamic Community Guidance number Dj.II/113 of 2009, instruction of the Director General of Islamic Community Guidance number Dj.II/1 0f 2015,  Head of KUA Padangsidimpuan Selatan district, Padangsidimpuan Tenggara district, the Padangsidimpuan Angkola Julu district, P3N who was dismissed and the community. And the secondary data in this study are books, journals, theses and other supporting sources.Data collection techniques with observation, interviews, and documentation, with qualitative descriftive data analysis techniques. As for the reserach results obtained in this study P3N removal is carried out in two stages, namely 1) all P3N in the working area of KUA Padangsidimpuan city were officially abolished since the fall of intruction of the Director General of Islamic Community Guidance number Dj.II/113 of 2009 and 2) was not reappointed after an instruction from the Director General of Islamic Community Guidance number Dj.II/I of 2015 because the entire area of KUA Padangsidimpuan city is classified as typology C. 1) The impact of removing P3N is that it has an impact on KUA which has one who doubles as the head of KUA. 2)There was a time conflict between someone who wanted to consult with the time of registration of marriage outside the KUA. 3) Information that is slow to reach the public. 4) Wedding schedule shift. 5)P3N is still used by the public.
Penghapusan Pembantu Pegawai Pencatat Nikah (P3N) Terhadap Pelayanan Pernikahan Siregar, Adelina; Nasution, Muhammad Arsad; Sainul, Ahmad
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.10858

Abstract

This study examines the impact of removing P3N on marriage services at the Padang Sidempuan city Office of Religious Affairs after the fall of the instruction of the Directorate General of Islamic Community Guidance number Dj.II/113 of 2009 regarding the use PNBP funds for marital reconciliation and P3N management, as well as the instruction of the Director General of Islamic Community Guidance number Dj.II/1 0f 2015 about the P3N designation for regions D1 and D2. The research method used is field research with a qualitative approach.The primary data from the instruction of the Directorate General of Islamic Community Guidance number Dj.II/113 of 2009, instruction of the Director General of Islamic Community Guidance number Dj.II/1 0f 2015,  Head of KUA Padangsidimpuan Selatan district, Padangsidimpuan Tenggara district, the Padangsidimpuan Angkola Julu district, P3N who was dismissed and the community. And the secondary data in this study are books, journals, theses and other supporting sources.Data collection techniques with observation, interviews, and documentation, with qualitative descriftive data analysis techniques. As for the reserach results obtained in this study P3N removal is carried out in two stages, namely 1) all P3N in the working area of KUA Padangsidimpuan city were officially abolished since the fall of intruction of the Director General of Islamic Community Guidance number Dj.II/113 of 2009 and 2) was not reappointed after an instruction from the Director General of Islamic Community Guidance number Dj.II/I of 2015 because the entire area of KUA Padangsidimpuan city is classified as typology C. 1) The impact of removing P3N is that it has an impact on KUA which has one who doubles as the head of KUA. 2)There was a time conflict between someone who wanted to consult with the time of registration of marriage outside the KUA. 3) Information that is slow to reach the public. 4) Wedding schedule shift. 5)P3N is still used by the public.
Tinjauan Hukum Pidana Islam Terhadap Implementasi Restorative Justice Pada Tindak Pidana Pencurian Buah Kelapa Sawit Hasibuan, Nur Habibah; Hasibuan, Zulfan Efendi; Sainul, Ahmad
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13371

Abstract

This study examines the implementation of restorative justice in the crime of theft of palm fruit in Handio village under Islamic criminal law. This type of research is qualitative or field research and the primary data source is data or information obtained directly through interviews with the people of Handio Village, Village Heads/Village Officials, Traditional Leaders, Religious Leaders, Alim Ulama, Hatobangon, Theft perpetrators and Victims. The secondary data sources are books, journals, and documents that are considered related to this paper, while the collection technique is by means of observation, interviews and documentation then the data analysis technique is descriptive qualitative. The results of this study explain that the implementation of Restorative Justice in the crime of theft is a transfer of the formal legal process to non-formal settlement channels to resolve cases peacefully, deliberation, consensus by presenting the parties concerned. Cases peacefully, because the Village Apparatus considers that formally resolving cases will cause problems such as disputes, hostilities and slow down settlement of cases. In this case, it is still categorized as light theft in positive law and Islamic criminal law, if it has not reached the minimum stolen limit, the sanction is Takzir. Resolving cases peacefully can increase solidarity among human beings for a safe and peaceful life. The sanctions imposed on the perpetrators of the crime of theft applied in Handio Village are in the form of fines and making a letter of agreement, if they repeat it they will be processed legally
Tinjauan Hukum Pidana Islam Terhadap Implementasi Restorative Justice Pada Tindak Pidana Pencurian Buah Kelapa Sawit Hasibuan, Nur Habibah; Hasibuan, Zulfan Efendi; Sainul, Ahmad
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13371

Abstract

This study examines the implementation of restorative justice in the crime of theft of palm fruit in Handio village under Islamic criminal law. This type of research is qualitative or field research and the primary data source is data or information obtained directly through interviews with the people of Handio Village, Village Heads/Village Officials, Traditional Leaders, Religious Leaders, Alim Ulama, Hatobangon, Theft perpetrators and Victims. The secondary data sources are books, journals, and documents that are considered related to this paper, while the collection technique is by means of observation, interviews and documentation then the data analysis technique is descriptive qualitative. The results of this study explain that the implementation of Restorative Justice in the crime of theft is a transfer of the formal legal process to non-formal settlement channels to resolve cases peacefully, deliberation, consensus by presenting the parties concerned. Cases peacefully, because the Village Apparatus considers that formally resolving cases will cause problems such as disputes, hostilities and slow down settlement of cases. In this case, it is still categorized as light theft in positive law and Islamic criminal law, if it has not reached the minimum stolen limit, the sanction is Takzir. Resolving cases peacefully can increase solidarity among human beings for a safe and peaceful life. The sanctions imposed on the perpetrators of the crime of theft applied in Handio Village are in the form of fines and making a letter of agreement, if they repeat it they will be processed legally
Islam and customary law: Iddah for husbands after divorce in South Tapanuli Regency Sainul, Ahmad
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 1 (2025): Asy-Syari'ah: Jurnal Hukum Islam, Januari 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i1.1931

Abstract

This article aims to describe the phenomenon of the implementation of iddah for husbands after divorce in South Tapanuli Regency. Field studies using juridical-sociological as the approach. The primary data source of this study is the results of interviews with traditional leaders, religious leaders and husbands who carry out iddah after divorce. Secondary data sources are in the form of the Compilation of Islamic Law, books, journals, and other materials relevant to this study. This study was analyzed using a descriptive approach. The results of the study show that the phenomenon of iddah for husbands after divorce in South Tapanuli Regency only regulates the time when husbands are allowed to remarry. During the iddah period, there is no prohibition on dressing up, using perfume, and leaving the house. The length of the husband's iddah a ccording to South Tapanuli Custom is adjusted to the iddah of his ex-wife. However, the majority of the time required for the iddah period is longer because permission must be obtained from the wife's family or in-laws.
Co-Authors Hasibuan, Nur Habibah Hasibuan, zulfan Efendi Nasution, Muhammad Arsad Siregar, Adelina Siregar, Zulfadly