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All Journal Rechtsidee JIPI (Jurnal Ilmu Perpustakaan dan Informasi) JURNAL MAHKAMAH Jurnal Akta AT-TAFAHUM: Journal of Islamic Law FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Tazkiya: Jurnal Pendidikan Islam Journal Analytica Islamica AL-MUQARANAH-Jurnal Program Studi Perbandingan Mazhab AS-SÂIS (JURNAL HUKUM TATA NEGARA ISLAM/SIYASAH) JURNAL PENDIDIKAN TAMBUSAI Journal of Humanities and Social Studies Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan RESLAJ: RELIGION EDUCATION SOCIAL LAA ROIBA JOURNAL SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF An-Nawa : Jurnal Studi Islam Jurnal Nuansa Akademik: Jurnal Pembangunan Masyarakat RIO LAW JURNAL Iqtishaduna : Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syariah Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman Britain International of Humanities and Social Sciences (BIoHS) Journal INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Law Development Journal International Journal of Science and Society (IJSOC) Al-Manahij : Jurnal Kajian Hukum Islam QANUN: Journal of Islamic Laws and Studies Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan AL-SULTHANIYAH Tasyri' Riwayat: Educational Journal of History and Humanities IIJSE Jurnal Hukum dan Keadilan EMPIRISMA: JURNAL PEMIKIRAN DAN KEBUDAYAAN ISLAM LamLaj
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Journal : IIJSE

Views on Islamic Criminal Law and Law No. 22 of 2009 about LLAJ against Traffic Violations on the Sendal Jepit Road, Pematang Siantar City Azril Arifin Siregar; Ramadhan Syahmedi Siregar
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economic: November, 2023
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The notion of jarimah or criminal offense, a criminal act is an act or behavior that is prohibited by Sharia which is punishable by had and tazir penalties. Without realizing that violating traffic is a crime, people who go against the flow of traffic can be subject to sanctions in accordance with Article 287 Paragraph 1 of Law No. 22 of 2009 concerning road traffic and transportation. Traffic flow regulations for motorists, either motorbikes or cars, are not explained directly in Islamic jurisprudence, but in general, Islam always stays away from things that can bring harm to the surrounding community. The formulation of the problem in this journal is how Islamic criminal law and Law No. 22 of 2009 concerning LLAJ deal with violations that have occurred. The purpose of this study is to find out the views of Islamic criminal law and Law No. 22 of 2009 concerning LLAJ regarding violations that have occurred. The method used is a qualitative normative-empirical approach and the nature of the research is descriptive. Primary data sources are in the form of interviews, observations, and questionnaires. The interviews that the researchers used were in the form of unstructured interviews and distributed questionnaires to OJOL (motorcycle taxis online) and road users. Traffic violations can lead to accidents, which are certainly very detrimental to oneself or many people. In a year the highest accident rate that the authors get is 12 times a year with the vehicle used in the form of a motorbike. The factors that influence violations on the Sendal Jepit Road in the city of Pematang Siantar, namely: speeding up travel routes, avoiding police, and the habit of going against the direction.
Assessing Ecological Tourism in Pulau Banyak: An Analysis Through Fiqh Al-Bi'ah Principles Jamhuri, Jamhuri; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5548

Abstract

This study aims to provide an Islamic legal analysis of the concept of ecological tourism in Pulau Banyak District through the perspective of Fiqh al-Bi'ah. Fiqh al-Bi'ah, as part of Islamic teachings, offers ethical and religious guidance in preserving the environment. However, the phenomenon of tourism development often clashes with environmental welfare agendas. Halal tourism in Pulau Banyak still faces problems despite being regulated by Aceh Qanun Number 8 of 2013. Therefore, an objective regulation and a redefinition of the halal tourism concept in Pulau Banyak, framed within Maqasid Sharia and aligned with the Fiqh al-Bi'ah concept, are urgently needed. There are still structural inequalities in Pulau Banyak District. The halal tourism development policy in Pulau Banyak should address the various inequalities that have occurred so far. The common inequalities found in Pulau Banyak District include regulatory disparities between tourism and conservation policies, social inequalities between religious values, customary rules, and the perception that tourist areas are free zones, as well as economic access inequalities from tourism activities in Pulau Banyak. The research method used is qualitative with a descriptive-analytical approach. Data were collected through observation and documentation of valid sources to capture the phenomena in Pulau Banyak District. The authors hope that this research can serve as a source of Islamic law in environmental regulation and as an effort to provide a contemporary fiqh paradigm in guiding the development of halal tourist areas that align with infrastructure development and increase environmental awareness among the community and tourists.
Tradition of Distributing Inheritance Property in Communities of the City of Subulussalam in District District Maqashid Sharia Perspective Zaini, Zaini; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5553

Abstract

This research aims to discuss the tradition of distributing inheritance among the people of Subulussalam City, especially in Penanggalan District from a maqashid sharia perspective. The type of research used is empirical research, meaning that the researcher goes directly into the community to obtain primary data through observation, interviews and documentation, and combined with secondary data such as books, the internet and other reading sources, then processed and analyzed to obtain a conclusion. The results of the research concluded that the distribution of inheritance among the people of Subulussalam City, especially in Penanggalan District, still uses customary law. In general, the people of Penanggalan District come from the Pakpak Batak ethnic group who adhere to a patrilineal family system, meaning that the male lineage takes precedence. However, in practice the distribution of inheritance does not adhere to this patrilineal system absolutely. The author found that there are two ways of dividing inheritance assets. First, sometimes assets are divided directly by parents while they are still alive in the form of a gift, to prevent disputes or quarrels between heirs in the future. Second, if the parents have died, the inheritance is divided peacefully through deliberation and consensus among the heirs. And traditions like this have become urf (custom), and they consider this tradition of distributing inheritance as quite good and considered fair. When viewed from the perspective of maqâshid syari'ah, the tradition of distributing inheritance like this fulfills the elements of benefit, especially in protecting the soul, offspring and property.
Implementation of Religious Moderation in Kain Golong Village (Study on KEPDIRJEN BIMAS Islam Number 137 Of 2023) Purwanto, Purwanto; Nurasiah, Nurasiah; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5560

Abstract

This research explores the implementation of religious moderation in Kain Golong Village, Simpang Kanan District, Aceh Singkil Regency. The study is grounded in the Decree of the Director General of Islamic Community Guidance Number 137 of 2023, which provides guidelines for establishing religious moderation villages. Using a qualitative approach that combines field studies and literature reviews, data was collected through observations, interviews, and documentation from various sources, including village officials, religious leaders, and community members. The findings reveal that the designation of Kain Golong as a village of religious moderation was conducted according to the prescribed procedures. The community's daily practices reflect a commitment to religious moderation, demonstrated through educational activities, mutual assistance in religious celebrations, and the inclusive participation of both Muslims and non-Muslims in social, religious, and governmental activities. This research highlights the successful application of religious moderation principles in fostering tolerance and safeguarding national unity.
The Intersection of Islamic and Civil Law in Indonesian Will Legislation Prana, Muhammad; Nurasiah, Nurasiah; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5561

Abstract

A will in Islamic law (wasiah) is a written or oral declaration made by a person (wasi) during their lifetime to regulate the distribution of their property after their death. The following are some important points about wills under Islamic law. A will in civil law, also known as a testament or probate, is a written instruction made by a person (testator) to arrange for the distribution of their property after their death. In practice, wills in Islamic law can provide individuals with the flexibility to organize a fraction of their estate according to personal wishes, albeit subject to the limitations set out by Sharia. In the context of civil law, will give individuals control over the distribution of their property after death and ensure that their wishes are respected. Wills can also help avoid inheritance disputes and provide legal certainty for heirs. The focus of this research is: First, how is the comparison of Islamic law with civil law in the regulation of wills in the State of Indonesia, second, how is the analysis of the perspective of the majority of people using the law in the application of wills? The model used in this research is qualitative, while the approach used is a literature study by analyzing the data obtained. The preliminary step in this research is to search for relevant literature data sources from various contexts by analyzing the findings and arguments from each source, as well as comparing and contrasting information to conclude. The results of this research show that there are similarities and differences between wills in Islamic law and civil law. The similarities can be seen in the validity of wills, the necessity to be written, and witnesses, and the differences can be seen in the limitations of inheritable property, cancellation and amendment of wills, the implementation of wills, disputes over wills, and the purpose of wills. The perspective of the majority of people in using the law related to the application of wills in Indonesia can be seen from the influence of culture and religion, legal rudeness and level of legal knowledge, legal practice in the field, trust and compliance, and involvement of legal professionals.
Judicial Considerations in Adjudicating Child Maintenance Claims from the Perspective of Progressive Legal Theory nad Maqashid Al-Syariah (A Normative Juridical Study on Decision Number 4115/PDT.G/2023/PA.KAB.MLG. and Decision Number 229/PDT.G/2021/PA SAK Hamzah, Hamzah; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5648

Abstract

This research analyzes judges' considerations in adjudicating lawsuits for child māḍiyah maintenance from the perspective of progressive legal theory and Maqashid Al-Syariah, with case studies on Decision Number 4115/Pdt.G/2023/PA.Kab.Mlg. and Decision Number 229/Pdt.G/2021/PA Sak. The study results show that judges strive to achieve substantive justice by prioritizing the child's welfare. Progressive legal theory is applied by considering the social context and factual conditions. At the same time, Maqashid Al-Syariah ensures that decisions are aligned with the objectives of sharia, namely the protection of religion, life, intellect, lineage, and property. The combination of these two perspectives allows judges to make formally and substantively just decisions, and provide optimal protection for children's rights. This study highlights the importance of flexibility and adaptation in the application of law to achieve true justice in cases of child māḍiyah maintenance.