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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam MAQASIDI Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah
Mawar, Sitti
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Arabic Language Contribution to The Istinbāṭ in Islamic Law of Acehnese Scholars Muslim, Buhori; Wildan, T.; M. Saman, Syarifuddin; Sufyan, Nurchalis; Mawar, Sitti
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i1.11732

Abstract

This article discusses the contribution of the Arabic language to the istinbāṭ in Islamic law of Acehnese scholars. The purpose of this journal is to identify the contribution of the Arabic language to the practice of Islamic law. This research is qualitative research using the descriptive analysis method by describing and identifying the influence and contribution of the Arabic language on Islamic legal istinbāṭ among Acehnese scholars. The results of the findings of this study indicate that the primary sources for performing Islamic legal istinbāṭ are the Qur’an, hadīṡ, ijmā‘, and qiyās, all of which are written in the Arabic language. Importantly, the Arabic language greatly contributes to legal istinbāṭ among Acehnese scholars, the more a cleric understands the Arabic language, the easier it is to practice law, and it is important for scholars to master the Arabic language and its literature, such as balaghah, ma‘āni, badi‘, bayān, majāz, nahwu, and sharf because to understand the Arabic language is the inseparable and correlated understanding between sciences which is an integral unit, so that if a scholar performs Islamic law istinbāṭ but does not understand the Arabic language sciences, the legal fatwa he issued will be doubted.
THE RESPONSIBILITY OF PT. PEGADAIAN SYARIAH BANDA ACEH FOR THE LOSS OF COLLATERAL OBJECT : Study of the Financial Services Authority Regulation No. 31 of 2016 on Pawnshop Business Marwah Adi Halim, Zahratun; Mawar, Sitti; Ramli, Misran
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 5 No. 2 (2024): Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/iqtishadiah.v5i2.6014

Abstract

PT. Pegadaian Syariah is an alternative financing institution that provides loans based on the law of pawn, which requires the submission of movable goods as collateral from customers to PT. Pegadaian Syariah. The focus of this study is on the form of responsibility and the explanation of how PT. Pegadaian Syariah Banda Aceh resolves compensation for the loss of the pawned objects. To answer this research question, the method used is a normative juridical approach. Normative juridical is a system for selecting legal regulations, doctrines applied to provide answers to legal cases, and using a statute-based approach. The findings of this study conclude that if a case of damage or loss of collateral occurs during the pawn process, PT. Pegadaian Syariah is responsible for the damaged or lost collateral. In providing compensation, PT. Pegadaian Syariah must adhere to the provisions set out in the Pawnshop Work Procedures Handbook, which governs how compensation should be provided if the collateral is lost
Multicultural Dispute Resolution System in Aceh Before and After the Issuance of the Customary Institution Qanun Mawar, Sitti; Iqbal, Muhammad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v9i1.19767

Abstract

The existence of customary institutions in Aceh has contributed significantly to the resolution of disputes in society. The existence of customary institutions has experienced ups and downs in accordance with the legal rules and regulations set by the government. This study is a normative legal study through a study based on the theory of legal pluralism, utilizing historical, conceptual, and comparative legal research techniques. The use of the theory of legal pluralism has recently been widely carried out through historical, conceptual, comparative, sociological and anthropological research on law. This study focuses on the multicultural settlement system in customary institutions before and after the enactment of Qanun Number 10 of 2008 in resolving household cases. The results of the study obtained by customary justice institutions in Aceh before and after the enactment of Qanun Customary institutions are the same, they still use local wisdom in resolving household disputes by prioritizing the customs of the community that have been established since the Indatu era, the difference with the issuance of qanun makes the function of the figure institution in its role in the customary institution clearer. The customary apparatus of Tuha peut Gampông is the party that plays a responsible role so that the resolution of the dispute/case does not cause losses to the parties, but makes maximum efforts to achieve peace. The leaders of customary institutions have the main responsibility of implementing the settlement process, deciding fairly, protecting the rights of the parties, recording the process and decisions and documenting documents. From the perspective of legal pluralism, dispute resolution through customary institutions is part of the recognition of the diversity of legal systems and the existence of customs in Aceh.
The Distribution of Zakat Funds by Bayt al-Māl for Disaster Relief: A Review Based on the Principle Taṣarruf al-Imām ‘alā ar-Ra‘iyyah Manūṭun bi al-Maṣlaḥah Riski, Niara; Mawar, Sitti; Jalil, Husni A
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 1 (Juni 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i1.4624

Abstract

Disaster management is a key responsibility of the government, which must be carried out in a structured, coordinated, and professional manner to achieve public welfare. In Islam, zakat functions not only as an act of worship but also as a socio-economic instrument. It aims to reduce poverty and economic inequality, which, if left unaddressed, can undermine human dignity, security, and social well-being. Zakat promotes values such as equality, cooperation, and compassion, and its distribution is managed by authorized institutions, including Baitul Maal. This study examines the legal basis for the distribution of zakat funds for disaster relief, grounded in the Islamic legal principle Taṣarruf al-Imām ‘alā ar-Ra‘iyyah Manūṭun bi al-Maṣlaḥah, which means that a leader’s policies must prioritize the public interest (maṣlaḥah). Employing a normative legal method with a conceptual and literature-based approach, this research utilizes Islamic legal analysis grounded in the principles of fiqh and the maqāṣid al-sharī‘ah. The findings reveal that while the allocation of zakat for disaster response is not explicitly mentioned in Islamic scripture (naṣṣ shar‘ī), it is permissible under specific conditions. In times of disaster, it becomes the duty of the ruler to protect the people, both in their worldly and spiritual affairs. Based on this principle, allocating zakat for disaster relief is considered lawful in Islam, particularly when it serves the public good. Therefore, Baitul Maal’s role in channeling zakat for disaster management is consistent with Islamic law and reflects the broader objective of promoting societal welfare.
Co-Authors Buhori Muslim Jalil, Husni A M. Saman, Syarifuddin Marwah Adi Halim, Zahratun Muhammad Iqbal Ramli, Misran Riski, Niara Sufyan, Nurchalis Wildan, T.