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PROFIL KELUARGA SAKINAH MAWADDAH WARAHMAH DI LINGKUNGAN MASYARAKAT ANGKOLA SANGKUNUR KABUPATEN TAPANULI SELATAN Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i2.4733

Abstract

The family is an important primary group in society. The family is a group formed from the long-standing relationship of men and women to create and raise children. So the family in its pure form is a social unit consisting of husband and wife and immature children. This unit has certain characteristics that are the same everywhere in the community unit. The sakinah mawaddah warahmah family referred to here is a family that carries out the rights and obligations in the household.Regarding household obligations according to fiqh, it cannot be separated from material and immaterial obligations. This means that something that is visible can be seen and felt like a dowry and a living. And something that cannot be felt like educating his wife and children and getting along well.The obligations themselves vary according to fiqh, which are explained as follows: Obligations of dowry/dowry. Living. The obligation to have a good relationship with the wife. Give love and affection to the wife. While the wife's obligations to her husband or a husband's right over his wife are, among others: Obedient to her husband. Take care of yourself when your husband is not around and Protecting husband's property
REVITALISASI PENGELOLAAN ZAKAT: KONSEP YANG DIGUNAKAN MASYARAKAT DALAM MENGENTASKAN KEMISKINAN PERSPEKTIF HUKUM ISLAM Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i2.9378

Abstract

This study aims to determine the revitalization of zakat management used by the community in alleviating poverty from an Islamic legal perspective. Uniquely, the method of collecting zakat from year to year has not developed, despite the increase in the type of community business in this modern era. Zakat is known as a potential source of funds as an effort to develop the economy of the ummah, meaning that if managed properly, it can certainly help people get out of poverty conditions so that the wealth does not only dwell on the rich. This research is included in the category of normative legal research, namely legal research that aims to examine library materials, analyzed using descriptive techniques. Aims to provide conclusions or interpretations of law that are objective. The findings of this study show that one of the lessons of zakat is to improve the economy of the ummah in alleviating poverty. Not only that, the existence of zakat can have a positive influence on economic improvement in the community. This can happen, if zakat management is done well. As in the form of productive zakat, zakat funds should be given for the development of small businesses such as clone traders, cake sellers, chicken livestock, fish livestock and fried food sellers. One of the goals is that the community gets the benefits directly, so that in the use of zakat funds can be constructed, which initially as mustahik turned into muzakki.
Pembagian Harta Warisan Berdasarkan Pertimbangan Ekonomi Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v8i1.5551

Abstract

Islamic inheritance law is one of the sources of legal inheritance which regulates the affairs of a person who has left his property because he has died and that property will fall to the person who has rights.Soepomo said that the inheritance law makes regulations that regulate the process of directly transmitting and obtaining property and intangible goods from a generation of people to their descendants. This process has started while the parents are still alive. The process does not become acute due to the death of a parent. Indeed, the death of a father or mother is an important event for that process, but in fact it does not radically affect the process of succession and transfer of property and immovable property.A person has been designated as an heir because between the heir and the heir have a relationship of marriage, kinship and liberate slaves. Basically, most of the people prefer to solve inheritance problems by conducting family deliberation even though there have been stipulated rules in the Qur'an and al-Hadith. Basically, this family deliberation system is also allowed in Islamic law. However, there are exceptions in it if a dispute occurs during deliberation which results in an inheritance dispute
PROFIL KELUARGA SAKINAH MAWADDAH WARAHMAH DI LINGKUNGAN MASYARAKAT ANGKOLA SANGKUNUR KABUPATEN TAPANULI SELATAN Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i2.4733

Abstract

The family is an important primary group in society. The family is a group formed from the long-standing relationship of men and women to create and raise children. So the family in its pure form is a social unit consisting of husband and wife and immature children. This unit has certain characteristics that are the same everywhere in the community unit. The sakinah mawaddah warahmah family referred to here is a family that carries out the rights and obligations in the household.Regarding household obligations according to fiqh, it cannot be separated from material and immaterial obligations. This means that something that is visible can be seen and felt like a dowry and a living. And something that cannot be felt like educating his wife and children and getting along well.The obligations themselves vary according to fiqh, which are explained as follows: Obligations of dowry/dowry. Living. The obligation to have a good relationship with the wife. Give love and affection to the wife. While the wife's obligations to her husband or a husband's right over his wife are, among others: Obedient to her husband. Take care of yourself when your husband is not around and Protecting husband's property
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.
REVITALISASI PENGELOLAAN ZAKAT: KONSEP YANG DIGUNAKAN MASYARAKAT DALAM MENGENTASKAN KEMISKINAN PERSPEKTIF HUKUM ISLAM Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i2.9378

Abstract

This study aims to determine the revitalization of zakat management used by the community in alleviating poverty from an Islamic legal perspective. Uniquely, the method of collecting zakat from year to year has not developed, despite the increase in the type of community business in this modern era. Zakat is known as a potential source of funds as an effort to develop the economy of the ummah, meaning that if managed properly, it can certainly help people get out of poverty conditions so that the wealth does not only dwell on the rich. This research is included in the category of normative legal research, namely legal research that aims to examine library materials, analyzed using descriptive techniques. Aims to provide conclusions or interpretations of law that are objective. The findings of this study show that one of the lessons of zakat is to improve the economy of the ummah in alleviating poverty. Not only that, the existence of zakat can have a positive influence on economic improvement in the community. This can happen, if zakat management is done well. As in the form of productive zakat, zakat funds should be given for the development of small businesses such as clone traders, cake sellers, chicken livestock, fish livestock and fried food sellers. One of the goals is that the community gets the benefits directly, so that in the use of zakat funds can be constructed, which initially as mustahik turned into muzakki.
Pembagian Harta Warisan Berdasarkan Pertimbangan Ekonomi Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v8i1.5551

Abstract

Islamic inheritance law is one of the sources of legal inheritance which regulates the affairs of a person who has left his property because he has died and that property will fall to the person who has rights.Soepomo said that the inheritance law makes regulations that regulate the process of directly transmitting and obtaining property and intangible goods from a generation of people to their descendants. This process has started while the parents are still alive. The process does not become acute due to the death of a parent. Indeed, the death of a father or mother is an important event for that process, but in fact it does not radically affect the process of succession and transfer of property and immovable property.A person has been designated as an heir because between the heir and the heir have a relationship of marriage, kinship and liberate slaves. Basically, most of the people prefer to solve inheritance problems by conducting family deliberation even though there have been stipulated rules in the Qur'an and al-Hadith. Basically, this family deliberation system is also allowed in Islamic law. However, there are exceptions in it if a dispute occurs during deliberation which results in an inheritance dispute
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.
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].
Penguasaan Bapak Terhadap Hak Asuh Anak di Bawah Umur Setelah Perceraian di Kabupaten Padang Lawas Sainul, Ahmad Sainul
Palita: Journal of Social Religion Research Vol. 10 No. 1 (2025): Palita : Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v10i1.6203

Abstract

This article is intended to examine the control of child custody rights by fathers after divorce in Padang Lawas Regency. Field studies using juridical-empirical as the approach. The primary data source of this study is the results of interviews with husbands and wives who exercise child custody rights after divorce and traditional leaders of Padang Lawas Regency. Secondary data sources are in the form of the Compilation of Islamic Law, Law Number 1 of 1974 concerning Marriage, books, journals, and other materials relevant to this study. This study was analyzed using a descriptive approach. The results of the study show that child custody rights are fully the rights of fathers after divorce in Padang Lawas Regency. Child custody rights are the responsibility of the father towards all children including those under the age of twelve. The Padang Lawas community gives child custody rights to the father on the grounds that children are the successors of the lineage or the Patrilineal System. The wife is considered a newcomer after a divorce so she does not have child custody rights, but is still allowed to live with her mother but not forever just to relieve longing.  Keywords: Child Custody, Divorce, Padang Lawas, Patrilineal System