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All Journal Jurnal Daulat Hukum Jurnal Akta Al Hurriyah : Jurnal Hukum Islam
Albani, Muhammad Syukri
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Age Limitation of Witness in Marriage Reviewing from Maqashid Al-Syariah Albani, Muhammad Syukri; Kurniadi, Dedi
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v6i3.20542

Abstract

Additional information regarding the age limit of witnesses in marriage, which is mandatory to be 19 years old is a polemic and has consequences if a witness is carried out by a person who has not reached the age of 19 years, then the witness is invalid according to the Regulation of the Minister of Religion No. 11 of 2007. As for the formulation of the problem in The writing of this thesis is (1) How is Islamic law reviewing PMA No. 11 of 2007 regarding the age limit of witnesses in marriage (2 ) How is PMA No. 11 of 2007 concerning the age limit of witnesses in marriage in terms of Maqashid Al-Syariah. To get the answer to the problem formulation above, the library research method is used. The data collection method is document study and descriptive analysis is used. The results of the study show that first, in a review of Islamic law, the age limit for witnesses using the Baligh standard in Article 19 paragraph 2 PMA No. 11 of 2007, is not explicitly regulated in either the Qur'an or Hadith. So the rules applied in PMA No. 11 of 2007 regarding Baligh, aged at least 19 years, according to the author, is a result of ijtihad, namely by using several opinions from the Hambali and Safi'i scholars, by using the definitive age limit , which is the age requirement for marriage witnesses at least 19 years. The law of age has never been found in the classical fiqh literature. So the author concludes that this is the result of contemporary ijtihad, namely PMA No. 11 of 2007.
Vaccination and Forms of Self-Protection in the Covid-19 Pandemic Maqashid Sharia Perspective: Perceptions of STAI Darul Arafah Students Albani, Muhammad Syukri
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.5369

Abstract

In Indonesia, one of the ways to deal with the COVID-19 pandemic is the implementation of a vaccination program in which the implementation of this program has pros and cons in the community, one of the reasons is the level of effectiveness of the vaccine itself is still in doubt and the halalness of the product. Halal products are very important considering that the majority of the population in Indonesia is Muslim. This study focuses on the perceptions of STAI Darul Arafah students in interpreting the covid 19 vaccination as a form of self-preservation during a pandemic, the purpose of this study was to find out the extent of understanding and opinions of Stai Darul Arafah students in participating in the covid 19 vaccination program as a form of self-preservation. or self-preservation (Hifzu Nafsi). The final results of this study illustrate that the Indonesian government is considered quite good, even very good in the process of carrying out this Covid 19 vaccination. Regarding the vaccine used, the majority already believe in the efficacy of the Covid 19 vaccine, although there are still some respondents who do not fully believe that the Covid 19 vaccine is halal to use.
Legal Reconstruction of Hadhanah Rights Due to Divorce in Indonesia from a Maqashid Syari’ah Perspective Farid, Muhammad; Albani, Muhammad Syukri; Lubis, Fauziah
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43809

Abstract

The issue of child custody (Hadhanah) following divorce in Indonesia remains a critical legal concern, particularly in ensuring children's welfare. Indonesian regulations, including Law No. 1 of 1974 and the Compilation of Islamic Law (KHI), govern custody based on the child’s age and impose an obligation on parents to provide financial support. However, these regulations lack sanctions for parents who neglect their responsibilities, leading to concerns over inadequate care, education, and financial support for children. This study aims to analyze the legal reconstruction of Hadhanah rights from the Maqashid Syari’ah perspective to ensure better child protection. The research employs a library research methodology, examining various legal sources, scholarly works, and judicial decisions to assess the existing legal framework and its implementation in judicial practice. The findings reveal that Indonesian courts typically grant custody to the mother for children who have not yet reached the age of discernment (mumayyiz), following normative legal provisions. However, some judges decide contra legem, prioritizing the child’s best interests based on Maqashid Syari’ah. For example, the Padang High Religious Court granted custody to the father, considering the child's welfare. Enforcement of custody decisions involves forcibly placing the child with the designated guardian, while financial support enforcement is executed through asset seizure from non-compliant parents. To enhance child protection, legal reconstruction is necessary through regulatory reforms and judicial discretion. Revisions should include the introduction of sanctions for negligent parents and the establishment of specialized institutions for child welfare. Judicial reform should provide equal custody opportunities for both parents while prioritizing the child's best interests in alignment with Maqashid Syari’ah principles.
Reconstruction of Breach of Performance & Unlawful Acts in Book III of Civil Law (Islamic Legal Analysis) Ismanto, Dedi; Albani, Muhammad Syukri; Adly, M. Amar
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43725

Abstract

This study examines the conceptual differences between default and unlawful acts in Book III of the Civil Code and reconstructs both concepts in the context of Indonesian civil law. In addition, this study analyzes the perspective of Islamic law on the reconstruction carried out. The method used is normative legal research with a statute approach and a conceptual approach. The results of the study indicate that default and unlawful acts have fundamental differences, where default arises due to a violation of an agreement, while unlawful acts are based on a violation of rights or legal norms. Book III of the Civil Code has provided a clear legal framework related to these two concepts, although in practice it still needs to be strengthened in implementation and adaptation to social developments. The reconstruction carried out in this study confirms that Indonesian civil law continues to develop in accordance with the dynamics of society. From an Islamic legal perspective, the principles of justice, individual responsibility, and good faith in transactions have strong relevance in understanding default and unlawful acts. This study contributes to the development of civil law theory and practice in Indonesia and enriches the study of Islamic law in the context of modern civil law.
Vaccination and Forms of Self-Protection in the Covid-19 Pandemic Maqashid Sharia Perspective: Perceptions of STAI Darul Arafah Students Albani, Muhammad Syukri
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.5369

Abstract

In Indonesia, one of the ways to deal with the COVID-19 pandemic is the implementation of a vaccination program in which the implementation of this program has pros and cons in the community, one of the reasons is the level of effectiveness of the vaccine itself is still in doubt and the halalness of the product. Halal products are very important considering that the majority of the population in Indonesia is Muslim. This study focuses on the perceptions of STAI Darul Arafah students in interpreting the covid 19 vaccination as a form of self-preservation during a pandemic, the purpose of this study was to find out the extent of understanding and opinions of Stai Darul Arafah students in participating in the covid 19 vaccination program as a form of self-preservation. or self-preservation (Hifzu Nafsi). The final results of this study illustrate that the Indonesian government is considered quite good, even very good in the process of carrying out this Covid 19 vaccination. Regarding the vaccine used, the majority already believe in the efficacy of the Covid 19 vaccine, although there are still some respondents who do not fully believe that the Covid 19 vaccine is halal to use.
Co-Authors Adly, M. Amar dedi kurniadi Ismanto, Dedi Lubis, Fauziah Muhammad Farid