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All Journal Islam Futura At-Tafkir Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Jurnal Bimas Islam Jurnal Geuthee Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan PENCERAHAN Syarah: Jurnal Hukum Islam dan Ekonomi Siyasah Wa Qanuniyah: Jurnal Ilmiah Ma'had Aly Raudhatul Ma'arif Jurnal Kajian Hukum dan Sosial Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Safriadi Safriadi
Institut Agama Islam Negeri Lhokseumawe
Religion Arts Humanities Economics, Econometrics & Finance Education Energy Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Komparatif Tentang Kriteria Kepala Negara Menurut Imam Al-Mawardi dan Imam Al-Ghazali Nurdin, Safriadi; Marzuki Marzuki
Siyasah Wa Qanuniyah Vol 1 No 2 (2023): Siyasah wa Qanuniyah
Publisher : Ma'had Aly Raudhatul Ma'arif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61842/swq/v1i2.15

Abstract

The Republic of Indonesia regulates the requirements for presidential and vice-presidential candidates in Law No. 7 of 2017, Article 169. This law is interesting to analyze from the perspective of whether it aligns with the qualifications outlined by Imam al-Mawardi in his work al-Ahkam as-Sulthaniyah and Imam al-Ghazali in al-Tibru al-Masbuk Fi Nashihati al-Muluk. These two scholars established criteria that a head of state must possess. This research uses a library research method with a descriptive qualitative approach. The results of the study show that, first, the criteria for a head of state according to Imam al-Mawardi consist of seven: (1) justice, (2) knowledge, (3) healthy senses, (4) healthy body, (5) a clear vision and mission, (6) courage and strength, (7) descent from the Quraysh. In contrast, the criteria for a head of state according to Imam al-Ghazali are ten, summarized into seven: (1) justice, (2) knowledge, (3) good religion and morals, (4) health, (5) trustworthiness, (6) receptive to the advice of scholars, (7) simplicity and closeness to the people. Second, the relevance of the ideas of Imam al-Mawardi and al-Ghazali concerning leadership requirements in Indonesia can be actualized and applied within the existing positive law in Indonesia, such as in the requirements for presidential and vice-presidential candidates as well as regional head candidates. The ideal leadership concepts from both scholars can serve as guidelines for leaders in Indonesia to implement in their leadership agenda.
Implementasi Penetapan Calon Kepala Desa di Desa Pulo Reudeup Kecamatan Kuta Blang Kabupaten Bireuen: Analisis UU No 6 Tahun 2014 dan Qanun No 4 Tahun 2009 Haris Munandar; Nurdin, Safriadi; Iswandi Iswandi
Siyasah Wa Qanuniyah Vol 2 No 2 (2024): Siyasah Wa Qanuniyah
Publisher : Ma'had Aly Raudhatul Ma'arif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61842/swq/v2i2.23

Abstract

One of Aceh's qanuns that regulates the method of election and conditions of geuchik is Aceh Qanun No. 4 of 2009 on the Procedures for the Election and Dismissal of Keuchik in Aceh. This research highlights the criteria for a proper village head/Keuchik in accordance with the legal provisions of the qanun. This study aims to describe the understanding of the community and the Keuchik Election Committee (P2K) of the provisions of the nomination of village heads and the implementation of the determination of candidates for village heads in Pulo Reudeup Village, Kuta Blang District, Bireuen Regency. The research method uses a qualitative approach through interviews and documentation. The results showed that the community's understanding of the nomination requirements was good, but the election mechanism was still poorly understood. The implementation of the determination of village head candidates needs to be improved to be in accordance with the applicable qanun.
Otoritas Wilayatul Hisbah dalam Pemerintahan: (Suatu Kajian terhadap Penegakan dan Pengawasan Hukum Islam di Aceh) Abdullah, Asnawi; Safriadi, Safriadi
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 11 No. 1 (2022): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v11i1.477

Abstract

This research wants to discuss about “wilayatul hisbah” authority in government. A review of the enforcement and supervision of law in Aceh. In this study, the authors use the library research (library research), and data collection is done by reviewing the literature that relates to wilayatul hisbah and other books related to the discussion of this study as a secondary material, so that the pattern is in the form of qualitative. In addition, the analysis by the writer is descriptive analysis. From the results of this study found the conclusion that the authorities Wilayatul Hisbah (WH) in government in a historical perspective covering prevent unjust enjoining enforcement and supervision. Wilayatul Hisbah (WH) is one of the judiciary in the government system, and is an official institution established by the government of the Islamic state. Hisbah region oversees things seem (Zahir) and already ma'ruf in the community. In addition to overseeing, Hisbah region also has the authority to sentence those who violated the Shari'ah. While authorities Wilayatul Hisbah (WH) in the context of the Aceh government can be detailed as follows: first, To supervise the implementation and violations of laws and regulations in the field of Islamic Shari'ah, both friendly, spiritual guidance and advocacy against any person based on preliminary evidence worth is alleged to have violated the laws and regulations in the field of Islamic shariah. Third, Slate advised, prevent and prohibit any person who should presumably have been, are or will be in violation of the laws and regulations in the field of Islamic Shari'ah. fourth, Bestows case a violation of legislation in the field of Islamic Shari'ah to investigator.
Imum Gampong Authority as Amil of Zakat According to Fiqh and Qanun of Aceh Safriadi Safriadi; Muhammad Diah
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3743

Abstract

Imum Gampong has a share and role in amil of zakat. The research aims to determine the position of the Imum Gampong in amil of zakat as seen from the perspective of fiqh and qanun of Aceh. This research uses a descriptive analysis method with a qualitative approach. The results of this research indicate that in zakat management, according to fiqh, the Imum Gampong has the authority to determine, establish, and inaugurate zakat administrators (amil of zakat) at the village (gampong) level. In contrast, according to the qanun of Aceh, besides being given the authority to inaugurate the zakat administrator of the gampong (amil of zakat) at the village level, imum gampong can also act as amil of zakat itself so that the imum gampong is also entitled to ujrah (fees) of the asnaf of amil of zakat in addition to the salary from the government for the occupation. In fact, in Acehnese society, the imum gampong is part of the amil zakat, takes costs from the amil zakat part, and is entitled to fees of the asnaf of amil of zakat. Based on the two sources of law on the authority of the Imum Gampong, the position of the Imum Gampong in the fiqh perspective is narrower than the perspective of the Qanun of Aceh. According to the Qanun of Aceh, the Imum Gampong has four tasks in zakat management: appointing administrators, recording, collecting, and distributing zakat to zakat mustahiq.  Recommend stakeholders to revise the provisions in the Aceh qanun to be adapted to the fiqh concept that is developing in Aceh province.
ISTIQRĀ’ DAN PENERAPANNYA TERHADAP AL-QAWĀ`ID AL-FIQHIYYAH Safriadi Safriadi
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 5, No 2 (2018): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v5i2.1439

Abstract

Al-Qawā‘id al-Fiqhiyyah is a general theory of Islamic law produced through the istiqra’ '(induction) process. But such affirmation has never been done and to do so requires adequate evidence and analysis of the working techniques of al-Qawā‘id al-Fiqhiyyah. The author in this study conducted a study of al-Qawā‘id al-Fiqhiyyah compiled by Tāj al-Din al-Subki in his work al-Asybāh wa al-naẓā‘ir. This research is a library research with an approach to the philosophy of Islamic law. The results state that the work method istiqrā ', namely the principle of thinking that draws conclusions from empirical research on particular events into a unity of universal law. This legal conclusion will be applied (prediction) to the object of the problem which still has relevance to the particular things mentioned earlier. The role of istiqrā 'in the preparation of al-Qawā'id al-Fiqhiyyah in particular al-Qawā'id al-Asāsiyah is to take the essence of the rules of fiqh (furū') which have similarity to illat or wisdom which results are then formulated in general rules which includes cases of particular law below. Besides that, each rule always includes exceptions (muśtanāyat). This form of exception is in terms of the problem of induction in logic.
Co-Authors Abdullah Abdullah Asnawi Abdullah Aulia Ababiel HARIS MUNANDAR Iswandi Iswandi Marzuki Marzuki Muhammad Diah