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Pemikiran Politik Hukum Islam Muhammadiyah Khoiri, Nispul
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47, No 1 (2013)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/asy-syir'ah.2013.%x

Abstract

The role of Muhammadiyah in Indonesias political dynamics and gait providing a large role in this country. Although the union Muhammadiyah is in neutral position not practical politics, but Muhammadiyah able to motivate, to suppport, to preseur even within the framework of political thought enforcing doing good and avoiding evil. Muhammadiyah has fixed attention on the political process of Islamic law, such as the legislative process in Parliament and took the government policy. Legislation (legislation) is part of the governments job, with the goal of creating peace, goodness and justice. When the Act was legislated derived from Islamic law, is certainly binding legal force by the Islamic Law. Yet the political role of Muhammadiyah in some cases carried out by the elite have a positive effect on political thought Muhammadiyah itself, including in this case the politics of Islamic law. Muhammadiyah is able to oversee the legislative process in Parliament. Muhammadiyah participate motivate some legislation that transforms Islamic law into national law. Such as: Act No. 14/1970 concerning Judicial Authority, Law No. 1/1974 on Marriage, Law 7/1989 On Religious Courts, Compilation of Islamic Law, Promoting Growth and Development of Islamic Banking in Indonesia, and others. Muhammadiyah also participate in creating good governance such as corruption and corrupt practices through both structural and cultural approaches. Muhammadiyah movement came to the fore as a leader in enforcing doing good and avoiding evil.
Pengelolaan Zakat Oleh Negara Menyahuti Gagasan Revisi UU Zakat N0 38/1999 (Studi Pemikiran Hukum Islam Indonesia) Nispul Khoiri
An Nadwah Vol 25, No 2 (2019): Juli - Desember
Publisher : Fakultas Dakwah dan Komunikasi UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (800.499 KB) | DOI: 10.37064/nadwah.v25i2.7496

Abstract

Adanya dualisme kelembagaan zakat (BAZ-LAZ) sebagai lembaga resmi pengelolaan zakat sebagaimana diimplementasikan UU No 38/1999 tentang Pengelolaan Zakat di Indonesia, dipandang tidak efektif lagi dan mengharuskan UU ini direvisi. Tidak adanya jaminan tergalinya potensi zakat secara maksimal, akuntabilitas dan transparansi yang selalu dipertanyakan, overlapping pendistribusian harta zakat, sinergitas pengentasan kemiskinan yang tidak terukur adalah alasan-alasan mengharuskan pengelolaan zakat harus dilakukan oleh lembaga tunggal yang benar-benar kridibel dalammenggali dana filantropi tersebut. Menjadikan negara sebagai lembaga tunggal dalam pengelolaan zakat adalah alternatif yang tepat, negara sebagai regulator, pengawas dan operator dalam pengelolaan zakat.
THE PATTERNS OF RADICALISM ANTICIPATION BASED ON COMMUNITY IN INDONESIA Nispul Khoiri Khoiri; Asmuni Asmuni
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 4, No 1 (2020): Language, Research, Education
Publisher : State Islamic University of North Sumatra Indonesia

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Abstract

The study departs from an important question of how the situation and conditions of development of radicalism in Indonesia. How do radicalism group strategies strengthen social networks? How is the urgency and effectiveness of handling community-based radicalism? How is the pattern of handling anticipation of community-based radicalism? Research with descriptive type and method used is a qualitative method with naturalistic logical phenomena and social psychology approaches. The results showed that the situation and conditions of the development of radicalism in Indonesia remain vigilant, this group is like a fire in the husk, this group has never died and Indonesia is the basis for the growth and development of radicalism compared to other ASEAN countries. There are various patterns of handling anticipated community-based radicalism carried out in Indonesia, namely: Through social organizations, social and religious organizations, youth organizations, various forums with the aim of deterring radicalism and terrorism and other organizations. Through active community involvement without being organized by anyone. it is carried out through families, educational institutions, da'wah movements, mosque empowerment, commemorative and historic holidays, performances of arts and creativity performances, social media and local wisdom. Keywords: The Patterns of Radicalism, Anticipation Based on Community, North         Sumatra and West Java Provinces
THE MAPPING OF RENEWAL OF ‘USUL FIQH ’ THOUGHTS IN INDONESIA Nispul Khoiri
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 1, No 1 (2017): Language, Research and Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

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Abstract

Abstract, The substance of this paper is the mapping of thoughts of the renewal of ‘Usul Fiqh’ that has popular or being occurred in Indonesia, by expressing the proposed idea of the method of legal istinbat based on detailed arguments and not in favor of the dominance of a particular madzhab. The urgency in the academic context becomes an interesting study to be criticized and developed by activists who are concerned on Islamic law in Indonesia. In the context of law need, the mapping became the initial data to encourage the building of renewal ideas. There are two renewed mindsets: Firstly, institutional reform (NU-Muhamamdiyah, MUI, and others). Secondly, reforms are partial among Indonesian Muslim scholars. The thoughts of the proposed Jurisprudence were categorized into three forms: Contextualization of the school, reconstruction of interpretation and vernacularisation of ‘Ushul Fiqh’ in Indonesia based on local Indonesian culture.
UNCOVERING THE SIDE OF SOCIAL CHANGE; Examining Its Position as a Method of Ijtihad Nispul Khoiri Khoiri
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 3, No 3 (2019): Language, Research, Education
Publisher : State Islamic University of North Sumatra Indonesia

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Abstract

. When the views of jurists place social change as a legal theory, this paper actually places social change as one of the methods of developing Ijtihad as urf, Maqashid al-sharia and others. The existence of social change is important to determine and nullify the law. Here is the difference between theory and method. As a method its role is broader than a theory that manifests itself independently, it is needed even to determine the existence of the law, besides the law has a dependency on social change. There are several reasons for putting social change as a method of developing Ijtihad, namely: Social change becomes a necessity. Social change as a method has been carried out by friends and scholars such as, Umar Ibn Khathtab who is brilliant and controversial friend in performing jIjtihad, Imam Syafii with qaul qadim and qaul jadid, al-Thufi with the concept of maslahah and finally Ibn Qayyim al-Jauziyyah with the rules of his - the rules of social change. Legal experts such as J.N.D Anderson's research and Jhon L. Esposito, concluded that the method generally developed by Islamic reformers in solving legal problems still relies on a partial approach by exploiting the talfiq and superstitious methods. This shows social change into a method for enriching the Ijtihad method. Keywords: Social change, Islamic law, theory and method
LEGAL THOUGHTS IN MEASRURING THE STRENGHT OF QIYAS AS FIKIH ZAKAT METHODOLOGY IN INDONESIA Nispul Khoiri Khoiri
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 2, No 1 (2018): Language, Research, Education
Publisher : State Islamic University of North Sumatra Indonesia

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Abstract

This study aims to know the legal thoughts in measuring the strength of qiyas as the methodology of Jurisprudence of zakat in Indonesia. This research is a qualitative research based on the literature. The results of this study indicate the existence of the fact that the minds that developed visible: First, to support that qiyas is the legal argument including to adopt about the law of prison in Indonesia, this opinion raised by Jumhur ulama especially Imam Syafii who has provided enough space to the existence of qiyas. Secondly, the thought of rejecting qiyas as an argument of Islamic law, this opinion was expressed by the Mu'tazilites, the Zahiriyya and the Imami Shi'ah rejected the use of qiyas absolutely. Thirdly, the group that does not place qiyas as a proposition but qiyas is placed as a method of ijtihad, this opinion put forward by Imam al-Ghazali, Abu Zahrah and Ahmad Hasan. Fourth, the Group of contemporary minds especially developed in Indonesia, such as Hasbi Ash-Shiddieqy and others that qiyas within the boundaries of al-Syafi’i cannot meet the needs because the search process illat so complicated and rigid. Fifth, keterbatasn qiyas in adopting the law of prison in Indonesia lies only to see illat that is naqliyah (nash) means illat which is based on the provisions of texts
Implementation of Zakat Mal Management Based on Law Number 23 Year 2011 in Institution Amil Zakat Muhammadiyah, Medan City Nispul Khoiri; Ramadhan Syahmedi Srg; Izhar Izhar
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 1 (2021): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i1.1711

Abstract

This study aims to find the problems and strategies carried out by the Lazis Muhammadiyah management in Medan are divided into two, namely internal and external. And what is being done is an effort to raise awareness together to channel zakat al-mal to Lazis Muhammadiyah so that it is managed properly and transparently and evenly so that it directly touches the community so that the objectives of the zakat law are realized. Management of zakat based on Law Number 23 of 2011 is zakat management states that zakat management aims to increase the effectiveness and efficiency of services in managing zakat; and increase the benefits of zakat to create social welfare and poverty alleviation. Efforts to realize the function and role of zakat in the welfare of society, the zakat management law issued by the government is in principle to facilitate, motivate and confirm the management of zakat issued by the Amil Zakat Agency or the Amil Zakat Institute.
MUI Legal Fatwa on Vaccine Halalness in COVID-19 Vaccination Socialization in Medan City, Indonesia Nispul Khoiri; Adelina Nasution
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 1 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.918 KB) | DOI: 10.24090/mnh.v16i1.5146

Abstract

One of the Government's strategic policies in suppressing and stopping the transmission of COVID-19 is to take the vaccination movement seriously. Even though the vaccination program has a positive aim, while people have doubt and even refuse to use vaccines because they are considered illegal and dangerous. Responding to this friction, this is where the importance of the MUI fatwa in socializing that vaccination is very urgent and allowed to be carried out. There is no serious objection to vaccination in Medan City; even most Medan Muslims claim that the MUI fatwa brings benefits. This article belongs to field research with a qualitative approach. The methodology used is an interpretive study of the sociology of law by conducting interviews and reviewing documents related to the MUI fatwa on COVID-19 vaccination. The result concluded that; the MUI fatwa in Medan City has been well received by the community and is considered necessary. Second, the effectiveness of the halal Sinovac vaccine has been tested and is of good quality and is allowed to use. There is no severe objection regarding vaccination in Medan City; even most Medan Muslims claim that the MUI fatwa brings benefits.
Ḥaḍānah conflict resolution through litigation: analysis of sharia court decisions in Aceh Nispul Khoiri; Adelina Nasution
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 2 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i2.177-198

Abstract

This research aims to analyze the resolution of ḥaḍānah conflicts through litigation, specifically the decisions of the Sharia Court in Aceh regarding child custody (ḥaḍānah) to find legal certainty. This research uses a normative-empirical type of research by integrating normative law and empirical law. Normative legal analysis is carried out by examining library archives or secondary data. This research uses laws and judges' decisions in ḥaḍānah cases at the Aceh Syariah Courts. The instruments used in collecting data are observation, interviews, and documents or literature studies. To obtain research data on the number of ḥaḍānah cases that were filed separately at the Sharia Court, the article draws on existing decisions starting from 2016-2021. In this research, 5 (five) Sharia Courts were taken as research samples with 32 ḥaḍānah cases, particularly the Sharia Courts in Langsa, Kuala Simpang, Idi, Jantho, and Takengon. The research applies the theory of legal objectives according to Gustav Radbruch: legal certainty, justice, and expediency. The research shows that legal certainty through the decision of the Sharia Court has been realized. However, this has not provided justice for children because many defendants have not complied with court decisions, especially the surrender of child custody according to court decisions and payment of monthly child support according to what has been decided by the court. Hence, the benefits of the court decisions on the ḥaḍānah case are still not maximized. The solution is to formulate a law that is capable of providing a deterrent effect for defendants unwilling to fulfill court compliance.
Maqashid al-Syari’ah al-Syatibi: In The Paradigm Muslim Society as Methodology of Zakat Law Nispul Khoiri; Ikhwanuddin Harahap; Mohd Syahiran Abdul Latif
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 8, No 1 (2022): 10 Articles, Pages 1-188
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/fitrah.v8i1.5528

Abstract

This research is collaborative research of library research and field research. Using a qualitative method with a normative legal approach, namely Islamic law (usul fiqh) and naturalistic phenomena. Research exploring the existence of Regional Regulations (Perda) on Zakat Management in Medan City is a necessity, to explore the potential for greater zakat, but the Perda in question has not yet been legislated. The many inhibiting factors, two factors need attention in this study, namely: First, the paradigm of the Muslim community in the city of Medan towards the Syafii fiqh legal methodology is since the majority of Muslims are based on the Syafii fiqh school, thus denying other legal methodologies such as Maqashid al-Syariah which are quite relevant to strengthening the zakat regulation. Second, the paradigm of the Muslim community in the city of Medan has not seen the urgency of Maqashid al-Syariahal-Syatibi as an element of strengthening the regional regulation on zakat in Medan City. The results of the study show that: First, the Muslim community of Medan city does not yet know and fully understand Maqashid al-Syariah al-Syatibi as a legal methodology, because of the strong and strong Syafii school of jurisprudence as a single majority school. Second, Maqashid al-Syariah al-Syatibi is urgent as a solution to strengthening the regional regulation on zakat in the city of Medan with the substance of high benefit aspects, starting from the position of regulation, management to positive benefits for the Muslim community in the city of Medan