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All Journal PALITA: Journal of Social - Religion Research Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Asy-Syariah Jurnal El-Thawalib Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Jurnal El-Thawalib
Ahmad Sainul
UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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KONSEP PERJANJIAN PERKAWINAN DI INDONESIA Sainul, Ahmad
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 1 (2018)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (681.161 KB) | DOI: 10.24952/el-qonuniy.v4i1.1827

Abstract

Marriage records related to the legal consequences of national law to date still reap a lot of disagreements.The issue of unfinished marriage recording to date is about whether or not marriage is legal if not recorded. According to the conventional Islamic law based on the concepts of the Jurisprudence book that the recording of marriage is not necessary.But different in Law No.1 Year 1974 About Marriage, Government Regulation of Republic Indonesia No. 9 Year 1975 About Implementation of Act No.1 Year 1974 About Marriage Presidential Instruction No. 1 Year 1991 About Compilation of Islamic Law, and Act No.22 Year 1946 expressly Explained that every marriage should be recorded.The marriage agreement rule in Indonesiacontained in the classical jurisprudence, Law number 1 of 1974 concerning marriage (UUP) and Compilation of islamic law (KHI).
ANAK YATIM SEBAGAI MUSTAHIK ZAKAT Sainul, Ahmad
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 1 (2019)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (631.073 KB) | DOI: 10.24952/el-qonuniy.v5i1.1767

Abstract

Mustahik zakat is the people who are entitled to receive the assets of sakat issued by zakat payers. Mustahik zakat it self there are eight groups of indigent people, poor people, administrators of zakat, the Mu'allaf who are persuaded by their hearts, to (liberate) slaves, people who owe for the cause of Allah and for those who are on the journey, as a duty prescribed by Allah, and Allah is Knower, Wise.The law of making orphans as mustahik zakat can be seen from two sides as follows: Poor orphaned children, orphans who live in poor condition, especially fakir, it is permissible to get a share of zakat. If orphans have assets or are rich or have rich families who take care of them, the group of orphans may not be made as recipients of zakat because the orphans have property, while people who have unauthorized assets become mustahik zakat.
Konsep Kedewasaan Subyek Hukum Sainul, Ahmad
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (559.229 KB) | DOI: 10.24952/el-qonuniy.v5i2.2153

Abstract

There is a difference in the concept of the legal maturity limit according to Islamic law and positive law. The legal subject's maturity is fifteen years old or ihtilam for men and menstruation for women. whereas according to positive law there is no legal certainty regarding legal skills in the age of 18 years, 21 years, or after marriage, resulting in confusion in determining one's skills before the law. Then the age difference in the Marriage Law for men and women needs to be equalized and needs to be re-agreed in accordance with physical and mental considerations for all parties who will get married
Pertimbangan Hakim Dalam Menjatuhkan Sanksi Tindak Pidana Pencurian Ringan Perspektif Hukum Pidana Islam Rahman Zulfadli Lubis; Zul Anwar Ajim Harahap; Ahmad Sainul
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6666

Abstract

This article describes the judge's considerations in deciding the sanctions for minor theft from the perspective of Islamic Criminal Law. This type of research is normative. The legal materials of this research consist of primary and secondary legal materials in the form of Decision No: 8/Pid.C/TPR/2019/PN PSP, while secondary legal materials are in the form of books, journals and documents related to Islamic criminal law, data collection techniques with the case study method. In this study, the data analysis technique used is the legal hermeneutic analysis method. The results of this study indicate that in Islamic criminal law, theft can be referred to as ordinary theft when theft consists of four elements, namely the element of property taken secretly, the element of the item taken in the form of property, the element of the property being the property of another person and elements of malicious intent or against the law. While the decision No: 8/Pid.C/TPR/2019/PN PSP only consists of three elements that this crime is referred to as light theft, not ordinary theft. The punishment given is ta'zir punishment. 
KAJIAN UMUM TENTANG TINDAK KEKERASAN DALAM RUMAH TANGGA Ahmad Sainul
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 1 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v7i1.3830

Abstract

From some of the explanations above, several conclusions can be drawn, including: Violence in household is human behavior (a person / group of people) that can cause suffering to others (individuals / groups). Meanwhile, forms of violence in household can be in the form of physical violence or psychological violence. Including physical violence is intercourse with a wife who is menstruating or forcing sexual intercourse.One example of domestic violence in terms of forced sexual intercourse includes: Forcing sexual intercourse when the wife is not ready or in her period. Sexual intercourse accompanied by torture, and Coercion of sexual intercourse in a way that the wife does not wantAllah forbids husband and wife relations when the wife is menstruating, because menstrual blood contains arsenic, iodine, and phosphorus. Menstruation is like a way to cleanse a woman's body and free it from toxins and impurities. Having intercourse with women while they are menstruating brings disease and dangers to both men and women
Judi Leklean di Desa Pudun Jae di Tinjau Hukum Pidana Islam Zulfadly Siregar; Muhammad Arsad Nasution; Ahmad Sainul
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.
ANALISIS KAFA’AH PERSPEKTIF UNDANG-UNDANG DI INDONESIA SYIRIA DAN FIKIH KONVENSIONAL ahmad sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7806

Abstract

One of the orders for people who want to get married in Islam is to pay attention to the equality of positions between husband and wife (kafaah). Equality is also called balance, which means complementing one another, so as to create harmony between husband and wife. This equality includes education, material, and religion. If this is lame, then there is a fear of being arbitrary and assuming the partner is one-sided. For this reason, some Muslim countries are very concerned about kafa'ah, including Indonesia and Syria. Indonesia, for example, in the Compilation of Islamic Law, kafa'ah is regulated in Chapter X concerning the prevention of marriage. The article states that not being in confederation cannot be used as a reason to prevent marriage, except for not being confederation because of religion or ikhtilafud din. This means that laws in Indonesia do not strictly regulate kafa'ah for physical or material matters. Kafa'ah becomes a big problem and can even be canceled when one partner has a different religion. As for Kafa'ah in Syria, it is regulated in a separate sub-chapter in The Syrian Code of Personal Status in 1953. Kafa'ah is regulated in the 4th part of the 2nd chapter, articles 26-32. The rules regarding kafa'ah read: Kafa'ah between husband and wife is a must in the Syrian state. Kafaa'ah is again regulated in Law No. 34 of 1975 which is a renewal of the previous Law. In this law kafa'ah is regulated in a certain chapter as well, namely part 4 of chapter 2, Articles 52-56. This law says that: in marriage, it is required that there be kafa'ah between the bride and groom, if it is not fulfilled then one of the parties can apply for an annulment of the marriage. Conventional fiqh as a legal reference says that, for example Hanafiah's opinion, the criteria for kafa'ah are lineage, Islam, profession, self-independence and wealth. The criteria for kafa'ah according to Hanafiah tend to be the same as those of Hanbali, except that independence is added. The wealth referred to by the Hanafi school is the ability to pay a dowry and maintenance. Besides the concept of wealth, there is also the concept of character which is the object of kafa'ah. The Hanafi school of thought only considers that character is not an absolute object of kafa'ah. If the prospective husband really shows wickedness, then this becomes a benchmark for kafa'ah in marriage. ¬Asy-Syafi'i¬ argues that the criteria for kafa'ah are nationality or lineage, quality of religion, self-independence and business or profession. ¬Asy-Syafi'i¬ added the criteria for a prospective husband, namely not having a disability.
KONSEP KELUARGA HARMONIS DALAM ISLAM Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 1 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i1.1421

Abstract

Islam is the most perfect religion because it regulates all the lines of life including the harmonious family. Nick Stinnet and John Defrein says six steps to build a harmonious family as dictated by Ida Rosyidah and Siti Nafsiah: preserving religious life in the family, spend enough time with family, interaction among fellow family members so as to create rapport, mutual respect, union in the family, patienly facing crisis in the household.
KONSEP HAK MILIK DALAM ISLAM Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3433

Abstract

The definition of property rights is the same, namely that property or ownership is a relationship of ownership between humans and assets or objects applied by syara ', which provides powers that allow us to take advantage of or carry out tasarruf over these assets or objects in ways that are justifiably stipulated. By syara '. The system of ownership has been described much by jurisdictorials as that property rights are divided both it is perfect and impective.In addition to ownership types of individual, public ownership, and state ownership with various conditions in it. Present The causes and ways of Obtaining ownership between other because of work, inheritance, Giving state assets to the people, Assets acquired without compensation for assets or personnel, and individual gain.Wisdom and Property Rights between other: Humans may not own property carelessly, without knowing the applicable rules that have been revealed by Islam. Humans will have the principle that looking for wealth must be in ways that are good, correct and lawful. Owning property is not an absolute right for humans, but is a mandate (entrusted) from Allah SWT. What must be used and utilized as much as possible for the benefit of human life and channeled in the way of Allah to obtain His approval. Last of islam banks Taking Other People Ownership in Wrong Ways
MAQASHID ASY-SYARIAH TINJAUAN FILSAFAT HUKUM ISLAM Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 1 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i1.2509

Abstract

None of the laws of Allah SWT do not have a purpose for the benefit of the Ummah, but some people who leave the provisions of Allah SWT because they are considered not advanced in the community. So the focus of the problem in this paper is about what is the purpose of applying all the things that are ordered by Allah SWT. This issue will be seen by the writer from the perspective of Islamic legal philosophy with the method of literature through Islamic legal philosophy literature or other books relating to the topics discussed.The findings in this investigation unraveled clearly that all that were ordered by Allah SWT both Sunnah worship especially obligatory worship all had the purpose of Allah SWT starting from the prayer to prevent people from the heinous and unjust nature and so forth all the commands of Allah SWT oriented to the benefit of human beings human.
Co-Authors Hasibuan, Nur Habibah Hasibuan, zulfan Efendi Muhammad Arsad, Nasution Rahman Zulfadli Lubis Siregar, Adelina Siregar, Zulfadly Zul Anwar Ajim Harahap Zulfadly Siregar