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Peran DP3APM Kota Medan Terhadap Anak Korban Kekerasan Seksual; Analisis Fiqh Siyasah dan Pidana Islam Sidik, M. Nurhadi; Yamamah, Ansari
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v9i1.9161

Abstract

Handling cases of sexual violence against children is a critical issue within the context of child protection and social justice. This study aims to analyze the role of the Dinas Pemberdayaan Perempuan dan Perlindungan Anak (DP3APM) of Medan City in addressing cases of sexual violence against children using an approach based on fiqh syiasah and Islamic criminal law. The study examines how DP3APM Medan implements policies and programs to protect children who are victims of sexual violence and how these policies align with the principles of fiqh syiasah and Islamic criminal law. This article is classified as field research based on qualitative methods. The methodology used includes empirical legal studies and normative legal analysis. The research findings indicate that DP3APM Medan plays a crucial role in protecting child victims of sexual violence and strives to align its policies with the principles of fiqh syiasah and Islamic criminal law. However, to enhance the effectiveness of protection and law enforcement, further efforts are needed to address existing challenges and ensure more comprehensive and Islamically aligned policy implementation.
IMPLEMENTATION OF ZAKAT DISTRIBUTION OF ZAKAT FUNDS AT BINJAI CITY BAZNAS: IMPLEMENTASI PENDISTRIBUSIAN DANA ZAKAT PADA BAZNAS KOTA BINJAI Suhairi, Mhd. Arbi Bayu; Yamamah, Ansari; Tanjung, Dhiauddin
SOSIOEDUKASI Vol 14 No 1 (2025): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v14i1.5530

Abstract

Law No. 23 of 2011 concerning Zakat Management as a complement to the previous Law, namely Law No. 38 of 1999. This law provides institutional strengthening in the management of integrated zakat into a unified system. In turn, the National Amil Zakat Agency is the only institution that holds the authority of zakat, and the Amil Zakat Institution is a partner in assisting the National Amil Zakat Agency, as well as government supervision as a regulator. This research aims to answer the problem of how zakat is distributed according to the zakat law No. 23 of 2011 in Binjai City. How is zakat funds distributed according to law number 23 of 2011 and the perspective of Imam Shafi'i? How is the implementation of the distribution of zakat funds at BAZNAS Binjai City?. What is the perspective of law number 23 of 2011 and Imam Shafi'i's perspective on the system of distributing zakat funds at BAZNAS Binjai City? This research is a qualitative research using a legal science approach. The types of data used in this study are primary data, secondary data and the results of interviews with several administrators of the National Amil Zakat Agency of Binjai City. The results of the study show that the National Amil Zakat Agency in Binjai City in distributing zakat funds has not been running towards poverty alleviation in Binjai City. The lack of synergy to the distribution map that has not yet been seen makes the Binjai City National Amil Zakat Agency considered to need an effective breakthrough.
Absorption of Islamic Law in National Law: Analysis of Law No. 1 of 1974 and KHI on Marriage Habibi Siregar, Awaluddin; Yamamah, Ansari; Harahap, Arifuddin Muda
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.v12i1.43811

Abstract

The absorption of Islamic law into national law in Indonesia is the result of a compromise between sharia principles and the prevailing positive legal system. One form of this is Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), which regulates the legal aspects of marriage for Muslims. However, the implementation of these two regulations in various regions show variations, especially in determining the rights and obligations of husband and wife, including in terms of joint property. Cultural diversity and different legal interpretations often affect the application of this law, so an in-depth analysis is needed regarding the extent to which Islamic law has been absorbed into national law. This study aims to examine the implementation of Law No. 1 of 1974 and KHI in the context of Islamic marriage law, with a focus on the dynamics of the application of joint property. This study uses a qualitative method with a statute approach, a case approach, a comparative approach, and a conceptual approach. The results of the study show that although Islamic law has been accommodated in the national legal system, its application still faces challenges, especially related to differences in interpretation by judges and the community in judicial practice. In addition, social and cultural factors also influence the implementation of provisions regarding joint property in marriage. In conclusion, although Law No. 1 of 1974 and the KHI have adopted the principles of Islamic law, harmonization and uniformity of application are still challenges that need further attention to create better legal certainty.
Formal Legality of the Status of the Fitrah Zakat Amil Committee of the Mosque in Tanjung Morawa B Village, Tanjung Morawa District According to Zakat Regulations in Indonesia Iqbal, Muhammad Nur; Herisiswan, Herisiswan; Yamamah, Ansari
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2404

Abstract

Islamic law regulates zakat during the time of the Prophet Muhammad SAW and the Khulafaurrasyidin . Zakat has been managed by amil zakat since the time of the Prophet Muhammad SAW and the Khulafaurrasyidin . One example is when the Prophet Muhammad SAW sent Muadz bin Jabal to Yemen, where he collected zakat from the people while he was governor of the country. The purpose of this study is to determine the understanding of the amil zakat fitrah committee in Tanjung Morawa B Village, Tanjung Morawa District regarding the process of appointing amil zakat. To determine the authority of appointing amil zakat according to Zakat Regulations in Indonesia and to determine the legality of the status of the manager of amil zakat mosques in Tanjung Morawa B Village, Tanjung Morawa District according to Zakat Regulations in Indonesia. The research method used in this discussion is a qualitative research method. The approach used by the author in discussing this research is an empirical or sociological approach . The data collection method used by the author is by means of field observation and reviewing the data sources that the author mentioned, namely primary, secondary, and tertiary. The results of the study show that the process of forming the amil zakat fitrah committee in Tanjung Morawa B Village, Tanjung Morawa District , was carried out at the end of the month of Ramadan by holding a gathering or meeting to determine the amil zakat fitrah committee for that year, and the tradition in Tanjung Morawa B Village, that the amil zakat fitrah committee does not change every year unless someone moves house or has passed away . The formation of the amil zakat fitrah committee for the Mosque in Tanjung Morawa B Village, Tanjung Morawa District can be said to be illegal. Because it does not submit according to procedures according to Law Number 23 of 2011, Government Regulation Number 2014, and BAZNAS Regulation Number 2 of 2016
IMPLEMENTASI RESTORATIVE JUSTICE TERHADAP PENYELESAIAN KASUS ANAK BERHADAPAN DENGAN HUKUM DI POLRES MADINA DALAM PERSPEKTIF HUKUM ISLAM Dayrobi, Mhd; Yamamah, Ansari; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 9 No 1: Sharia Economics
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v9i1.8908

Abstract

This research is motivated by the need for a more humanistic approach toward children in conflict with the law compared to the conventional criminal justice system, which tends to be punitive. The main objective of this study is to examine the implementation of restorative justice at the Mandailing Natal Police, identify its supporting and inhibiting factors, and analyze it within the framework of Islamic law. This study employs a qualitative method with a juridical-sociological approach. Data were collected through interviews, observations, and documentation involving law enforcement officers and related parties. The findings reveal that restorative justice has been applied primarily to minor offenses such as theft and minor assault through penal mediation involving the offender, the victim, and their families. Supporting factors include a strong legal foundation and local cultural values that uphold peace and reconciliation, while inhibiting factors consist of limited investigative resources and a lack of public understanding. From the perspective of Islamic law, restorative justice aligns with the principles of islah (reconciliation), afwu (forgiveness), and diyat (compensation), which emphasize the restoration of social relationships and the achievement of communal welfare. Therefore, the implementation of restorative justice at the Mandailing Natal Police reflects a harmony between positive law and the moral values of justice in Islam.
Peran DP3APM Kota Medan Terhadap Anak Korban Kekerasan Seksual; Analisis Fiqh Siyasah dan Pidana Islam Sidik, M. Nurhadi; Yamamah, Ansari
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v9i1.9161

Abstract

Handling cases of sexual violence against children is a critical issue within the context of child protection and social justice. This study aims to analyze the role of the Dinas Pemberdayaan Perempuan dan Perlindungan Anak (DP3APM) of Medan City in addressing cases of sexual violence against children using an approach based on fiqh syiasah and Islamic criminal law. The study examines how DP3APM Medan implements policies and programs to protect children who are victims of sexual violence and how these policies align with the principles of fiqh syiasah and Islamic criminal law. This article is classified as field research based on qualitative methods. The methodology used includes empirical legal studies and normative legal analysis. The research findings indicate that DP3APM Medan plays a crucial role in protecting child victims of sexual violence and strives to align its policies with the principles of fiqh syiasah and Islamic criminal law. However, to enhance the effectiveness of protection and law enforcement, further efforts are needed to address existing challenges and ensure more comprehensive and Islamically aligned policy implementation.
HUKUM ISLAM DAN POLITIK: PENGARUHNYA TERHADAP STRUKTUR SOSIAL DI INDONESIA Tanjung, Indra Utama; yamamah, Ansari
Jurnal Ilmiah Al-Hadi Vol 8 No 2 (2023): Januari - Juni
Publisher : Lembaga Jurnal dan Seminar Universitas Pembangunan Panca Budi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54248/alhadi.v8i2.4620

Abstract

Tulisan ini bertujuan mengkaji bagaimana hukum Islam dan politik saling mempengaruhi dalam konteks Indonesia dan tantangan serta konflik yang muncul dalam proses integrasi hukum Islam ke dalam sistem hukum dan politik nasional Indonesia. Metode penelitian yang digunakan adalah pendekatan interdisipliner, yang mencakup metode kualitatif dan kuantitatif. Studi ini menemukan bahwa hubungan antara hukum Islam dan politik di Indonesia adalah kompleks dan saling mempengaruhi. Hukum Islam memiliki pengaruh signifikan dalam pembentukan hukum dan politik di Indonesia, namun politik juga mempengaruhi bagaimana hukum Islam diterapkan dan ditafsirkan. Proses integrasi hukum Islam ke dalam sistem hukum dan politik nasional Indonesia menghadapi berbagai tantangan dan konflik, termasuk mencari keseimbangan antara hukum Islam dan nilai-nilai demokrasi dan pluralisme, serta bagaimana mengintegrasikan hukum Islam ke dalam sistem hukum yang sudah ada tanpa mengganggu stabilitas dan keadilan hukum. Penelitian ini menyarankan pendekatan yang kreatif, inklusif, dan berbasis dialog untuk mengatasi tantangan dan konflik ini.
Management of ZISWAF UIN SU and POLMED Islamic Law Perspective Tambunan, Abd Aziz; Yamamah, Ansari; Harahap, Arifuddin Muda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4761

Abstract

Zakat, Infaq, Sadaqah and Waqf (ZISWAF) is part of Islamic philanthropy which is currently starting to receive a lot of full attention, both from the government and other parties. Empowering various forms of philanthropy is part of efforts to help solve various problems in the community and at the same time improve the community's economy, especially after the Covid-19 outbreak. ZISWAF’s various potentials deserve to be empowered and maximized to support the economic revival that is being pursued by the government. One of the management institutions is UIN SU and POLMED. In order to increase efficiency and usefulness, zakat must be managed institutionally and professionally in accordance with Islamic law. Through an empirical normative study, this research seeks to reveal the implementation of empowerment and management of Islamic philanthropic potential which is in fact part of Islamic sharia, namely ZISWAF in educational institutions in the dimension of Islamic legal studies. The research results show that in its management, POLMED among universities that have carried out philanthropic operations has not fully coordinated with local related institutions such as BAZNAS. This should be a problem because potential forces can be gathered well but seem to stand alone without good coordination. Moreover, distribution is only limited to intra-campus communities such as students and workers on campus, so there are allegations that distribution relies on several subjective recommendations. In addition, the existing supervisors are not fully involved in efforts to increase the transparency and accountability of ZISWAF management on campus. This research recommends that ZISWAF management adjust its governance in accordance with sharia provisions.
Formal Legality of the Status of the Fitrah Zakat Amil Committee of the Mosque in Tanjung Morawa B Village, Tanjung Morawa District According to Zakat Regulations in Indonesia Iqbal, Muhammad Nur; Herisiswan, Herisiswan; Yamamah, Ansari
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2404

Abstract

Islamic law regulates zakat during the time of the Prophet Muhammad SAW and the Khulafaurrasyidin . Zakat has been managed by amil zakat since the time of the Prophet Muhammad SAW and the Khulafaurrasyidin . One example is when the Prophet Muhammad SAW sent Muadz bin Jabal to Yemen, where he collected zakat from the people while he was governor of the country. The purpose of this study is to determine the understanding of the amil zakat fitrah committee in Tanjung Morawa B Village, Tanjung Morawa District regarding the process of appointing amil zakat. To determine the authority of appointing amil zakat according to Zakat Regulations in Indonesia and to determine the legality of the status of the manager of amil zakat mosques in Tanjung Morawa B Village, Tanjung Morawa District according to Zakat Regulations in Indonesia. The research method used in this discussion is a qualitative research method. The approach used by the author in discussing this research is an empirical or sociological approach . The data collection method used by the author is by means of field observation and reviewing the data sources that the author mentioned, namely primary, secondary, and tertiary. The results of the study show that the process of forming the amil zakat fitrah committee in Tanjung Morawa B Village, Tanjung Morawa District , was carried out at the end of the month of Ramadan by holding a gathering or meeting to determine the amil zakat fitrah committee for that year, and the tradition in Tanjung Morawa B Village, that the amil zakat fitrah committee does not change every year unless someone moves house or has passed away . The formation of the amil zakat fitrah committee for the Mosque in Tanjung Morawa B Village, Tanjung Morawa District can be said to be illegal. Because it does not submit according to procedures according to Law Number 23 of 2011, Government Regulation Number 2014, and BAZNAS Regulation Number 2 of 2016