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KEWARISAN ANAK LUAR KAWIN (STUDI ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010) Lubis, Ihsan Helmi
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

The issue of Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the status of children outside of marriage has a great influence on the laws and regulations in Indonesia, especially the Marriage Law. The substance of this Constitutional Court ruling changed the category of legitimate children as understood by applicable law as well as Islamic law. An outsider who has been considered an illegitimate child, based on the decision of the Constitutional Court is categorized as a legitimate child, thus having a civic relationship with his biological father. This article explains the implications of the decision of the Constitutional Court's Decision, especially in relation to the civil rights of its inheritance. The focus of the discussion on two things, namely how the inheritance of children outside of marriage and how the view of Islamic law on his inheritance. The results of this study reveal two things. First, after the Decision of the Constitutional Court Number 46/PUU-VIII /2010, an outsider or child born of sirri marriage or not being registered shall be entitled to inheritance, if it has been justified by the Court. Between father and son have a blood relationship and the child is classified as a legitimate child. Second, the inheritance of children outside marriage or who are born of sirri marriage or not registered can only be done through a will. This is because the child can only be attributed to his mother and is not counted as the heir of his father.

Transaksi Bank Syariah Dengan Non Muslim Ditinjau Dari Hukum Ekonomi Syariah Khodijah, Siti; Hsb, Putra Halomoan; Lubis, Ihsan Helmi
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.15130

This research examines the legal review of Islamic economic law regarding transactions between Islamic banks and non-Muslims in Pasar Sipirok village in South Tapanuli Regency. The background of this research is based on the observation that the cultural characteristics of Non-Muslims, which often include a lack of cooperation, along with the capitalist spirit commonly associated with Non-Muslims, should make conventional banks, which operate under a capitalist system, a promising investment avenue. However, in reality, a significant number of Non-Muslim customers are also interested in saving their funds in Islamic banking. In the Sipirok market village, the residents are not only Muslims but also non-Muslims. Among those who use Islamic banking services, there are 60 people, 10 of whom are non-Muslims. This research is a field study with a qualitative approach from the perspective of Islamic economic law. The data sources in this study consist of two types: primary data and secondary data sources. The data collection techniques in this research are observation, interviews, and documentation. The data analysis technique used by the researcher in this study is inductive qualitative analysis. The research findings indicate that the views of non-Muslims towards Bank Syariah Indonesia are very positive, as it is a bank that shows tolerance towards non-Muslim customers without discriminating based on religion. It represents an opportunity for growth, as the use of contracts from Bank Syariah Indonesia by non-Muslims can be seen as a chance to develop and understand Islamic financial principles. Non-Muslims experience the services and conveniences provided, so it is not surprising that some non-Muslims choose Islamic banks for their savings and other needs. There are three factors that attract non-Muslims in the village of Pasar Sipirok to use products from Bank Syariah Indonesia: promotion, service, and service reputation.

The Pillars and Conditions of A Contract in Muamalat Transactions Lubis, Ihsan Helmi
Mu’amalah: Jurnal Hukum Ekonomi Syariah Vol. 2 No. 1 (2023)
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/muamalah.v2i1.6983

Buying and selling transactions are natural occurrences that cannot be avoided by every human being because individuals rely on each other for their survival. For example, a meat seller needs a spice seller to enhance the flavor of their cooking, a lecturer needs patients to develop their knowledge, and so on. However, these transactions are inevitably subject to certain conditions and pillars of the contract, which can determine whether the transaction complies with Islamic law or, conversely, contradicts it. The findings of this study reveal that the pillars are divided into four categories, each with its inherent conditions. The first pillar is the presence of two contracting parties with the conditions of legal capacity and multiple parties. The second pillar is the form of the contract with the conditions of clear understanding, matching offer and acceptance, reflecting the sincerity of the parties involved, and taking place in a single gathering. The third pillar is the subject matter of the contract with the conditions that the transaction object must exist at the time of the transaction, be fully owned by its owner, be capable of transfer, have a clear description, and be pure. The fourth pillar is the purpose of the contract with the condition that it must comply with Islamic law.

Transaksi Bank Syariah Dengan Non Muslim Ditinjau Dari Hukum Ekonomi Syariah Khodijah, Siti; Hsb, Putra Halomoan; Lubis, Ihsan Helmi
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.15130

This research examines the legal review of Islamic economic law regarding transactions between Islamic banks and non-Muslims in Pasar Sipirok village in South Tapanuli Regency. The background of this research is based on the observation that the cultural characteristics of Non-Muslims, which often include a lack of cooperation, along with the capitalist spirit commonly associated with Non-Muslims, should make conventional banks, which operate under a capitalist system, a promising investment avenue. However, in reality, a significant number of Non-Muslim customers are also interested in saving their funds in Islamic banking. In the Sipirok market village, the residents are not only Muslims but also non-Muslims. Among those who use Islamic banking services, there are 60 people, 10 of whom are non-Muslims. This research is a field study with a qualitative approach from the perspective of Islamic economic law. The data sources in this study consist of two types: primary data and secondary data sources. The data collection techniques in this research are observation, interviews, and documentation. The data analysis technique used by the researcher in this study is inductive qualitative analysis. The research findings indicate that the views of non-Muslims towards Bank Syariah Indonesia are very positive, as it is a bank that shows tolerance towards non-Muslim customers without discriminating based on religion. It represents an opportunity for growth, as the use of contracts from Bank Syariah Indonesia by non-Muslims can be seen as a chance to develop and understand Islamic financial principles. Non-Muslims experience the services and conveniences provided, so it is not surprising that some non-Muslims choose Islamic banks for their savings and other needs. There are three factors that attract non-Muslims in the village of Pasar Sipirok to use products from Bank Syariah Indonesia: promotion, service, and service reputation.

Penerapan Teori Diversi Terhadap Kasus Anak Ditinjau Dari Hukum Pidana Islam Siregar, Rosmida Wati; Lubis, Ihsan Helmi
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.v3i6.6665

The problem in this study is the application of diversion at the Padangsidimpuan Police Station in terms of Islamic Criminal Law. The type of research used in this research is field research, using a Juridical Empirical approach, primary data sources are Padangsidimpuan City Police investigators and secondary data sources are books, journals and others. Data collection techniques used consisted of interviews, observation, and documentation. Qualitative descriptive data analysis techniques. The results of this study are the application of diversion efforts at the Padangsidimpuan City Police has not been fully implemented in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by taking into account the best interests of children (victims and suspects), the parties invited for diversion include: victims and family, suspect and family, BAPAS, Bapemas, institutions or social organizations accompanying children. Islamic Criminal Law Review In Islah, criminal acts that cannot be pursued are criminal acts that fall into the Hudud category such as adultery, accusing adultery, alcohol, apostasy and rebellion. Apart from these categories, peaceful means can be taken even if it involves serious crimes such as murder and so on. While in diversion, the benchmark is the period of confinement. Peace efforts can be pursued while threatened with imprisonment under 7 years and not a recidivist.

JUAL BELI MYSTERY BOX DALAM E-MARKETPLACE DITINJAU DARI PERSPEKTIF HUKUM EKONOMI SYARIAH Lubis, Ihsan Helmi
Yurisprudentia: Jurnal Hukum Ekonomi Vol 10, No 2 (2024)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v10i2.13748

The background of this study is related to the practice of buying and selling on e- marketplaces such as Shopee, Tokopedia, Lazada, Blibli, and Bukalapak, which offer products in the form of mystery boxes, i.e., products whose substance, shape, and characteristics are unknown. From the perspective of Islamic law, a valid sale is one that fulfills all the required conditions and terms. The objective of this study is to analyze the practice of selling mystery boxes on e-marketplaces from the perspective of Islamic law, by assessing whether the essential conditions and terms of the sale are met. This research uses a library research method with a case study approach, focusing on several sellers offering mystery box products on e-marketplaces. The research type is descriptive-analytical. The findings of this study show that the practice of selling mystery boxes on e-marketplaces has met the conditions of al-’aqidain (the seller and the buyer) and shighat al-aqd (the declaration of intent of both parties). However, with regard to ma’qud alaih (the object of the sale), the practice contains elements of gharar (uncertainty) and maisir (gambling), due to the lack of clarity regarding the substance, shape, and characteristics of the product to be delivered by the seller to the buyer.

STUDI KOMPARATIF ANTARA ASURANSI SYARIAH DENGAN ASURANSI KONVENSIONAL: SEJARAH, SUMBER HUKUM, MAYSIR, GHARAR, RIBA, DEWAN PENGAWAS SYARIAH, PENGELOLAAN RESIKO DAN PREMI Lubis, Ihsan Helmi
Yurisprudentia: Jurnal Hukum Ekonomi Vol 10, No 1 (2024)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v10i1.11618

The purpose of this study is to compare Conventional Insurance with Sharia Insurance in terms of principles, history, legal basis, clean from Maghrib (maisir, gharar, and riba), Sharia Supervisory Board, risk management, and premi. The research method employed is a literature review with a descriptive approach, which is part of qualitative research. The descriptive approach is chosen to depict the distinctions between Sharia and Conventional insurance. The findings reveal significant differences across all aspects examined between Conventional and Sharia Insurance. Conventional Insurance traces its history back to Babylonian practices around 4000-3000 BC, notably the Code of Hammurabi, while Sharia Insurance originates from pre-Islamic Arab customs (aqilah system), later sanctioned by Prophet Muhammad, drawing legal sources from positive law and fatwas from DSN-MUI. Conventional Insurance incorporates elements of maysir, gharar, and riba in its operations, which are absent in Sharia Insurance. Unlike Conventional Insurance, Sharia Insurance has an internal Sharia Supervisory Board to ensure compliance with Sharia principles. Risk management in conventional insurance involves transfer of risk, whereas Sharia Insurance focuses on sharing of risk. Premi in Conventional Insurance consist of mortality tables, interest, and insurance costs, whereas Sharia Insurance premi consist of tabarru’ (donation) and savings (for life insurance), or tabarru’ alone (for non-life insurance). The tabarru’ element is derived from mortality tables without interest calculations.

THE LEASE OF SOUND HOREG: A FIQH MUAMALAH PERSPECTIVE Lubis, Ihsan Helmi; Faizin, Mu’adil; Amin, Muhammad
Yurisprudentia: Jurnal Hukum Ekonomi Vol 11, No 2 (2025): Edisi Juli-Desember
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v11i2.17872

This study aims to analyze the legality of the lease of sound horeg from a Fiqh Muamalah perspective. The widespread use of sound horeg in various community activities often gives rise to issues related to noise disturbance, damage to public and private property, public order, potential social conflict, health problems, and even death. In the context of Fiqh Muamalah, lease contracts (ijarah) are fundamentally permissible as long as they fulfill the prescribed pillars and conditions and do not contain elements of harm (maḍarrah). This research employs a literature study method with a normative-theological approach, examining Qur’anic evidence, hadith, and juristic maxims. The findings indicate that renting sound horeg is legally permissible (mubāḥ) when its implementation complies with the pillars and conditions of leasing. Conversely, if the use of sound horeg leads to harm—such as extreme noise (operating at volumes exceeding WHO standards/85 decibels for an 8-hour exposure duration), damage to public or private property, harm to auditory health, social conflict, disturbance of public order, destruction of marine ecosystems, or causing death to humans or marine life—then the leasing arrangement becomes impermissible. This prohibition is grounded in several Qur’anic verses, including Q.S. al-Baqarah 2:195, which forbids actions that endanger oneself or others; Q.S. al-Ahzāb 33:58, which prohibits causing harm to fellow believers without just cause; and Q.S. al-A‘rāf 7:74, which emphasizes the prohibition of spreading corruption on earth. It is also supported by Prophetic traditions forbidding actions that harm oneself or others, along with the warning that those who burden or endanger others will themselves be burdened and endangered by God. Moreover, several juristic maxims apply, such as lā ḍarar wa lā ḍirār, al-ḍarar yudfa‘ bi-qadri al-imkān, and dar’ al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ).

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