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All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial El-Usrah: Jurnal Hukum Keluarga Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam MAQASIDI El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah AHKAM : Jurnal Hukum Islam dan Humaniora Al-Rasikh : Jurnal Hukum Islam Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan An-nisa: Journal of Islamic Family Law
Amri, Aulil
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Batak Customary Marriage: A Study of the Prohibition of Same-Clan Marriage and Its Relevance in the Contemporary Era Solin, Siti Dian Natasya; Djawas, Mursyid; Amri, Aulil; Sugirman, Andi; Zubair, Asni
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.23309

Abstract

This study discusses Batak customary marriage focusing on the prohibition of same-clan marriage and the practice of same-clan marriage in Batak custom. The main problem studied is the prohibition of intermarriage in Batak society from a fiqh perspective in relation to modern times. This study used a qualitative approach, i.e., a humanistic approach that places humans in research as the main subject in social events. The study was a type of field research, which involves direct observation and examination of facts in the research site, taking the data as primary sources. The findings of this study reveal that the concept of marriage in Batak custom is exogamy, which prohibits marriages between people of the same clan. In Batak custom, people of the same clan are blood relatives or descendants from the father’s line. Batak people who violate this customary law will be subject to customary sanctions. In the current context, the decline in customary values has been influenced by urbanization and higher education, which prioritize modern thinking over traditional one. Education provides certain values for humans, e.g., opening people’s minds, accepting new ideas, and thinking scientifically. Education teaches humans to be able to think objectively, which will give them the ability to assess whether or not their community’s culture can meet the needs of the times. Further, from the perspective of fiqh munakahat, not all family ties are forbidden to marry. Only those related to the provisions of muabbad (permanent prohibition) and ghairul muaabad (temporary prohibition) are prohibited. People from the same clan who have no kinship relationship are still lawful to marry.
PENGELOLAAN DANA MASYARAKAT OLEH BADAN PENYELENGGARAAN JAMINAN SOSIAL (BPJS) KESEHATAN: Tinjauan Konsep Asuransi Islam Terhadap Keberadaan Unsur Ribawi dan Garar Amri, Aulil; Iyasi, Minny
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 2 No. 2 (2021): 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.v2i2.1408

Abstract

This study examines the Management of Public Funds by the Health Social Security Administration (BPJS) (Review of the Concept of Islamic Insurance Against the Existence of Riba and Garar Elements). The problem that will be studied in this research is how is the health management system for public funds (BPJS) and how is the health social fund management system (BPJS) for health, and how is the existence of ribawi and garar elements in the management of public funds at BPJS Kesehatan. In this study, the authors use qualitative research with field research methods by visiting the BPJS Health office and conducting observation and interview techniques, and library research methods by reviewing books, journals and other data that support this research. The conclusions in this study indicate that in the current management of BPJS Health, there are actually many that are in accordance with sharia principles such as the principle of mutual cooperation used by BPJS Health is the same as the ta'awun contract in sharia insurance. In terms of fund management, BPJS has made it clear about public funds by including the registration requirements as suggested by the MUI. Regarding the late penalty which was previously applied by BPJS Kesehatan as much as 2%, this has been abolished since 2016 with the issuance of Presidential Regulation No. 19 of 2016 concerning the Second Amendment to Presidential Regulation No. 12 of 2013. In 2020 President Joko Widodo stipulates Presidential Regulation number 64 of 2020. Article 42 states that BPJS Kesehatan does not apply a penalty system for late payment of contributions. However, regarding investment in public contributions, until now they still use conventional investments and deposit funds also use conventional banks which still contain usury.
PENGEMBANGAN ṢHADAQĀH SEBAGAI SEBUAH KONSEP PEMBERANTASAN PRAKTIK RIBAWI: Studi di Kota Banda Aceh dan Aceh Besar Amri, Aulil; Naylul Muna, Suci
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 1 (2022): 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.v3i1.1776

Abstract

The practice of usury that occurs among the community can have a negative impact onthe economy, cause injustice and create social in society. This has also been warned in the AlQuran Surah Al-Baqarah verse 276 where Allah SWT guarantees a solution for the eradication ofthe practice of usury because to deal with usury, planned stages and strategies are also neededand the main strategy to eradicate it is to activate ṣhadaqāh. Therefore, the author is interested inexamining how hadaqāh can have an impact on eradicating usury practices that occur in societyor how the implementation of ṣhadaqāh as an instrument for eradicating usury because nowadaysthere are many practices of usury, especially in the markets. In this study, the authors used aqualitative approach and for analysis the authors used descriptive analysis. In obtaining the data,the author uses the method of interview, observation and documentation. The results of this studyare proving that hadaqah has an impact on reducing the practice of usury that occurs in societybecause usury does not occur in obtaining welfare, usury does not meet the requirements as asource of legal ownership in Islam. Therefore, having ṣhadaqāh funds which are then managedand used as interest-free loans provided by the Baitul Misykat to traders in the market really helpsthem in terms of business capital so that they no longer need to make credit to moneylenders orother loans that contain usury elements. . Thus the practice of usury that occurs in the market isreduced. Actions based on the results of usury become unworthy or unblessed, while ṣhadaqāhcan be seen as a stable or consistent instrument in the circulation of wealth that aims to buildwelfare. Ṣhadaqāh can maintain a business balance that is free from the usury system.
ANALYSIS OF THE LEGIBILITY OF MURABAḤAH WAKALAH FINANCING PRACTICES AT PT. ACEH SHARIA BANK KCP DIPONEGORO: A Case Study Based on Fiqh Muamalah and DSN MUI Fatwa Amri, Aulil; Linda, Linda
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2022): 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.v3i2.2354

Abstract

Murabaḥah financing is one of the most popular products in Islamic banking. Murabaḥah is defined as the activity of selling an item by confirming the purchase price to the buyer, the buyer pays a higher price than the previous price to make a profit. It can be seen that the essence of murabaḥah is that the bank provides non-money goods, where the bank should buy the goods needed by the customer and then sell them back to the customer at the selling price plus a profit. However, in practice the bank cannot do its own work, that is, it cannot provide the goods required by the customer; rather, the bank only provides funds for the purchase of the goods required through a wakalah contract with the customer in question. This study aims to find answers to the main issues, namely: how is the Fiqh Muamalah review of the practice of murabaḥah wakalah at PT. Bank Aceh Syariah KCP Diponegoro, what is the legitimacy of the practice of murabaḥah wakalah financing according to the DSN MUI fatwa and what is the mechanism for murabaḥah wakalah financing at PT. Bank Aceh Syariah KCP Diponegoro. The type that the author uses in this study is a descriptive analysis method. The data collection method in this study was data obtained from field research through interviews with the parties involved and taking references from a literature review. The results of this study show that there are still sharia principles, the pillars of murabaḥah which are not in accordance with fiqh muamalah and DSN MUI fatwa rules, where in the application of murabaḥah bil wakalah contracts at Bank Aceh Syariah KCP Diponegoro more often use murabaḥah and wakalah contracts in one contract. whereas in theory, the implementation of the wakalah contract must be carried out before the murabaḥah contract is carried out.
PERHITUNGAN KLAIM JAMINAN HARI TUA PADA BPJS DALAM PERSPEKTIF AKAD KAFALAH: Studi Nilai Manfaat Pada Karyawan PT Ima Meukat Raya Kota Lhokseumawe Amri, Aulil; Yunita, Nurma
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 1 (2023): 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.v4i1.2875

Abstract

The Old Age Guarantee Program (JHT) is one of the BPJS programs. JHT has a benefit value that can be claimed by former employees. In practice, the calculation of JHT claims must be in accordance with the BPJS policy. When viewed from Islamic law, the guarantee is called kafalah. However, in the kafalah contract, the calculation of JHT claims and the value of the benefits has gaps that are not in accordance with Islamic law. This thesis is focused on answering three important things, 1) How is the calculation on the BPJS policy regarding JHT for PT IMARA employees. 2) What are the benefits received by former employees of PT IMARA on JHT claims. 3) What is the perspective of the kafalah contract on the calculation of claims and the value of JHT benefits for employees at BPJS PT IMARA. This research is a qualitative research that is descriptive analysis with a sociological normative approach, where the data obtained comes from observations and interviews. The results of the study show that, first, the calculation of old age security claims is a combination of the basic salary and fixed allowances reported by PT IMARA to BPJS Ketenagakerjaan. The amount of JHT contributions for participants receiving wages is 5.7% of income, with details of 3.7% being borne by the company and 2% being borne by the employee himself which is deducted from the salary. Second, the benefits of JHT are in the form of cash, the amount of which is the accumulated value of the contributions plus the results of the development. Third, the calculation of JHT claims and JHT benefits in the perspective of the kafalah contract that is applied to PT IMARA when viewed from the pillars of kafalah is in accordance with the Shari'a. However, under the terms of the kafalah contract, this is contrary to the Shari'a because the contributions of BPJS participants are developed by placing them in several portfolios, including conventional bank deposits or bonds based on interest loans. In the development of claims there is also a 5% interest where the interest follows the BI Rate system.
Determination Of Child Care Rights Between Biological Parents And Adopting Parents (Analysis of Judgments of Pahang Sharia High Court and Selangor High Court): Penetapan Hak Asuh Anak Antara Orang Tua Kandung Dengan Orang Tua Angkat (Analisis Pertimbangan Hakim Mahkamah Tinggi Syariah Pahang Dan Mahkamah Tinggi Selangor) Misran, Misran; Amri, Aulil; Binti Idereh, Nur Fatin Adila
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 3 No. 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.2750

Abstract

Adoption of children is regulated in the Deed of Registration of Appointment 1952 (Deed 253) for Muslims and non-Muslims and the Deed of Adoption 1952 (Deed 257) for non-Muslims. Among the cases involving the struggle for custody is the one that occurred at the Pahang Sharia High Court, in which the judge handed over a child to his biological parents while the child had been registered under the Deed of Registration of Appointment 1952 (Deed 253). Then, in the case at the Selangor High Court, the judge handed over custody rights to the adoptive parents while the adoption registration was invalid. There are two formulations of the problem in this thesis. Firstly, what are the considerations of the Pahang Sharia High Court judges in determining child custody between biological parents and adoptive parents? Second, what are the considerations of the judges of the Selangor High Court in determining child custody between biological parents and adoptive parents? This research uses the juridical-normative method and case studies. Data collection is also done with literature and documentation. The results of the study show that first, the consideration of the judges of the Pahang Sharia High Court in determining child custody of their biological parents is because the judge looks at their efforts to get their child back and they have full rights to the child. Second, the consideration of the judge of the Selangor High Court in determining child custody of the adoptive parents is important because the judge stated that the main thing is what is best for the child, and the child's biological parents also have several obstacles to looking after the child. Custody is closely related to the interests of the child and the guardians, if there is an imbalance in custody, then the rights and interests of the child need to take precedence over the interests of the guardians.
The Legitimacy of Marrying a Pregnant Woman from the Perspectives of Islamic Scholars and Legislation in Indonesia Hanapi, Agustin; Amri, Aulil; Asra, Yusri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7328

Abstract

Shotgun marriage is a serious issue that has recently become increasingly common in society. Some men who impregnate women take responsibility and are willing to marry them, while others run away and shirk their responsibility. While some men are willing to marry women who are already pregnant, the perception still exists in some parts of society that those couples must remarry after the children are born and that the children cannot be traced back to the fathers who acknowledge it. This present study aims to answer the following question: what is the legitimacy of marrying a pregnant woman according to Islamic scholars and Indonesian law in the maslahah method? The results of the study reveal that according to Abu Hanifah and his student Muhammad, it is permissible to marry a pregnant woman if the one who marries her is the man who impregnated her. However, the marriage of a pregnant woman to a man who did not impregnate her is still a matter of debate. According to Abu Hanifah and Muhammad, it is permissible, but the man should not have intercourse with her until the child is born. According to Abu Yusuf and Zafar, it is not permissible to marry a woman who is pregnant as a result of zina (fornication) with another man because it is likened to pregnancy without zina. Imam Malik does not allow the marriage of a pregnant woman because of zina and considers such a marriage to be invalid, and the woman must undergo the iddah (waiting) period. Imam Shafi'i, on the other hand, considers shotgun marriage to be valid, regardless of whether the man who marries her is the one who impregnated her or not, and it is permissible for him to have intercourse with her even though she is pregnant because the presence of the fetus does not invalidate the marriage contract. According to the Hanbali scholars, marrying a pregnant woman is not valid unless two things have been done: she has repented and she has waited out the iddah period. Article 53 of the KHI (Kompilasi Hukum Islam/The Compilation of Islamic Law) states that a woman who is pregnant outside of marriage can be married to the man who impregnated her, and the marriage can be solemnized without waiting for the child to be born. However, the KHI should also add a phrase about a man who marries a pregnant woman who is not the one who impregnated her. This permissibility does not mean condoning zina but rather accommodating the interests of Indonesian society, which is in line with the opinion of Imam Shafi’i.
PROBLEMATICS OF SETTLEMENT OF INHERITANCE RIGHTS OF DAUGHTER WITH SIBLINGS IN THE MAHKAMAH SYAR’IYAH BANDA ACEH AND ACEH Amri, Aulil
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.16669

Abstract

This research discusses the Polarization of Judges' Decisions in the Settlement of Sibling Inheritance Rights (Case Study of Decision Number: 193/Pdt.G/2020/MS.Bna AND 21/Pdt.G/2021/MS.Aceh). The formulation of the problem studied is: 1. Why is there a disparity in the judge's decision regarding the position of relatives as heirs in an inheritance dispute at the Religious Court in decision number: 193/Pdt.G/2020/MS.Bna vs. 21/Pdt.G/2021/ MS. Aceh? 2. Has the judge's decision in resolving the dispute over the determination of heirs protected the rights of heirs in accordance with faraidh? This research is normative and practical juridical research, namely library research supported by results in the field in the form of interviews with related functional officials of the Banda Aceh Syar'iyah Court and Aceh Syar'iyah Court. This study concludes that: 1. The disparity in the decisions of the Banda Aceh Syar'iyah Court and the Aceh Syar'iyah Court occurred due to an understanding of the Jumhur Ulama's opinion which stated that a daughter cannot be hindered by a daughter in receiving an inheritance. Jumhur Ulama's definition of "kalalah" is the death of someone who does not have a father or son. This is in line with jurisprudence and the opinion of Ibn 'Abbas, which stipulates that girls can wear the hijab to inherit, but girls cannot wear the hijab inherited from their brothers. 2. The judge's decision at the Banda Aceh Syar'iyah Court in resolving the dispute over the determination of heirs has protected the rights of heirs in accordance with faraidh. This is because the opinion of the jumhur of scholars and the opinion of Ibn 'Abbas are in line with the opinion of the panel of judges. Then the daughter in this case is an adult and has a steady job and income, which is different from the case in jurisprudence.
The Law on Granting Joint Assets to Children from Siri Marriage (Analysis of Decision Number 283/Pdt.G/2019/MS. Bna): Hukum Terhadap Hibah Harta Bersama Kepada Anak Hasil Nikah Siri (Analisis Putusan Nomor 283/Pdt. G/2019/MS. Bna) Amri, Aulil; Iflah, Tajul
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1675

Abstract

This article is motivated by the case at the Syar'iyah Court of Banda Aceh in Decision Number 283/Pdt.G/2019/Ms.Bna regarding grants originating from joint assets given to children from unregistered marriages. Even though the property is a joint property between a legal husband and wife obtained during the marriage period with a legal wife, in the property there is still part of the rights of the legal wife or first wife. However, the husband and wife donate the property to the child of the siri marriage without having the permission of the first wife. Therefore, researchers are interested in examining how the fiqh provisions relate to grants of joint property to children resulting from unregistered marriages, why the Panel of Judges of the Banda Aceh Syar'iyah Court rejected the plaintiff's lawsuit against the cancellation of joint property grants to children resulting from unregistered marriages, and what is the basis for the legal considerations. The research methods used are field research and library research. The results of the study state that the provisions in fiqh on the grant of joint property to children resulting from unregistered marriages are valid if there is permission from both parties who own the joint property. If a joint property grant is given to a child resulting from an unregistered marriage without permission from one of the donors, then the grant is invalid, because the condition for the property to be donated must be mil kultam, that is own property may not donate other people's property. The panel of judges at the Banda Aceh Syar'iyah Court rejected the plaintiff's claim against the cancellation of the joint property grant to a child resulting from an unregistered marriage in decision number 283/Pdt.G/2019/Ms.Bna because the case contained a formal defect in which the plaintiff occupied a minor. In Defendant III, minors do not have legal standing as litigants, that is, they do not have legal standing. Therefore, the judge could not accept the case. The plaintiff may re-file a lawsuit for the cancellation of the joint property grant (a new lawsuit) by not placing a minor as defendant III, only then can the judge process the case again.
PEMBATALAN PERKAWINAN AKIBAT WALI NIKAH TIDAK SAH: Analisis Putusan Mahkamah Syar’iyah Banda Aceh Nomor 24/Pdt.G/2020/Ms.Bna Raihan, Meuthia; Hanapi, Agustin; Amri, Aulil
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 2 (2024): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i2.1944

Abstract

The legal considerations in Decision Number 24/Pdt.G/2020/Ms.Bna do not contain Islamic legal considerations, only referring to the regulations for granting the contents of the posita. This research aims to analyze Decision Number 24/Pdt.G/2020/Ms.Bna in terms of Islamic law which has a verstek decision which grants marriage annulment because the marriage carried out is considered invalid. The research method used is qualitative, namely decision research and literature research using a case approach. After analyzing the decision Number 24/Pdt.G/2020/Ms.Bna, it is relevant to Islamic law. If standard operational procedures at the KUA Baiturrahman District, Banda Aceh City are implemented properly, of course there will be no dispute in this case. The litigants and the community must also be honest and know their lineage well so that no marriage occurs unless it is a marriage approved by Allah Swt.
Co-Authors Abdullah, Suarni Agustin Hanapi Andi Sugirman, Andi Arifin Abdullah asni zubair Asra, Yusri Athira, Asla Azizah, Putri Bimawan, Henri Binti Idereh, Nur Fatin Adila Edi Darmawijaya Edi Yuhermansyah Fadli, Ricki Fahri, Said Fanisa, Hilda Fithria, Nurul Fitri, Inayatul Israr Hirdayadi Iyasi, Minny Jamhuri, Jamhuri Linda Linda M Yunus, Fakhrurrazi MALA HAYATI, MALA Misran Misran Muhadi Khalidi Muhammad Maulana Mursyid Djawas Nadia, Varatun Naylul Muna, Suci Neli Maryam Sanjung Nurma Yunita, Nurma Qanita Raihan, Meuthia Riski, Afdhala Solin, Siti Dian Natasya Syafitri, Anesia Tajul Iflah, Tajul Trisna, Albirra Ulkhuluq, Nisa Utami, Muna Wati, Khairina Yati, Rahma Zulkhairi