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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam AL QUDS : Jurnal Studi Alquran dan Hadis Jurnal Akta International Journal Ihya' 'Ulum al-Din Jurnal Penelitian Pendidikan Indonesia
Nawir Yuslem
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Settlement of Dispute on Murabahah Financing with Default Customer Nawir Yuslem; Mhd. Yadhi Harahap; Darmansyah Hasibuan
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 1 (2021): Vol. 5, No. 1, Oktober 2021
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i1.17391

Abstract

This research is an Islamic law research that discusses the settlement of murabahah financing disputes with defaulting customers with a case study on the Supreme Court of the Republic of Indonesia Number: 649 K/AG Year 2017. The research model (mode of inquiry) of this study is qualitative. The preliminary step in this research is a conceptual approach with normative legal research methods. This study uses the theory of mashlahah: applicative theory is used in analyzing the data of this study and in the end this study shows that there is still a deviation between the provisions of murabahah financing and the concept of fiqh but to avoid this deviation, the wakalah system is made. The Supreme Court's decision Number 649 K/AG/2017 does not reflect a fully progressive decision, for the bank and also for the customer, the decision has not received a value of benefit, because the Supreme Court judge does not give a time limit to customers who are considered unable to make payments in accordance with the agreement (default) to reschedule (rescheduling), in the absence of such a time limit, provides an opportunity for customers who are in default to prolong the delay in payment so that this can be detrimental to the bank.
Qur’anic Sociopreneurship Conception Through Interpretation of Q.S. Al-Rūm/30: 33-42 Achyar Zein; Nawir Yuslem; Khoiruddin Hasibuan
AL QUDS : Jurnal Studi Alquran dan Hadis Vol 6, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/alquds.v6i2.4111

Abstract

There is no novelty in the interpretation or the interrelation of Q.S. al-Rūm/30:33-42, since the time of the Salaf to the Commentators today. Their interpretation seems to be repeated. Therefore, this paper seeks to discuss the interpretation of Q.S. al-Rūm/30:33-42, using the interrelation (munāsabah) approach, which in essence, has implications for the explanation of the Qur’anic sociopreneurship conception. This paper can be classified as library research with a qualitative descriptive approach. The interpretations of previous commentators still guide this paper as to the basis for interpreting the Qur’anic sociopreneurship conception. Thus it can be said that this paper is a continuation of the previous interpretations of Q.S. al- Rūm/30:33-42. This paper will describe interrelation Q.S. al-Rūm/30:33-42, which are divided into two parts. First, the interrelation between Q.S. al-Rūm/30:39 with Q.S. al-Rūm/30:38 and Q.S. al-Rūm/30:40. Second, the interrelation between Q.S. al-Rūm/30:39 with Q.S. al-Rūm/30:33-37 and Q.S. al-Rūm/30:41-42.
Dynamics of MUI’s Fatwa on Zakat al-Fitr Paid in Qimah: Analysis of Guidelines for Issuing Fatwas Ahmad Mafaid; Nawir Yuslem; Dhiauddin Tanjung
International Journal Ihya' 'Ulum al-Din Vol 25, No 2 (2023)
Publisher : Universitas Islam Negeri Walisongo Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ihya.25.2.19057

Abstract

The MUI’s fatwa regarding zakat fitrah through qimah raises some dynamics and contradictions. The fatwa issued by the North Sumatra MUI in 2008, the Aceh MPU in 2014, and the DKI Jakarta MUI in 2018 have different decisions that give rise to contradictions at first glance. Through a literature study using the descriptive analytical method, this study aimed to unravel the dynamics of the fatwa of zakat al-fitr through bimah and analyze it based on the MUI fatwa stipulation guidelines. The results showed that the fatwa issued differed from the procedures for establishing a fatwa. In the MUI fatwa guidelines, it is stated that MUI and Regional MUI fatwa decisions, which are based on predetermined guidelines, have equal status and do not cancel each other, and if there are differences between MUI and Regional MUI fatwa decisions regarding the same issue, a meeting between the two leadership councils needs to be held to find the best solution. This study recommended that the Central MUI review the fatwa of zakat fitrah through bimah and guidelines for establishing fatwas.
Menggali hukum perkawinan yang melakukan kecurangan Nusra Arini; Asmuni Asmuni; Nawir Yuslem
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 1 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020242604

Abstract

Marriage registration is important for the validity of a marriage because it will provide legal protection and guarantee the rights arising from marriage. Marriages with falsified registration as in this study are sirri marriages where the husband and wife consciously take legal action in the form of forging marriage books. This paper describes the problems, firstly marital status with its falsified recording from the perspective of positive law and Islamic law. Second, the judge's legal considerations. Third, legal protection of rights arising from marriages without registration. The research method used is analytical descriptive. The results of the study show that: First, marital status with falsified records from the perspective of positive law and Islamic law (in this case the Compilation of Islamic Law) is valid and has legal force. However, there are negative implications for the non-fulfillment of the wife's rights as a result of divorce, if the excerpt of a marriage certificate that has been decided by the District Court has no legal force/fake is used as evidence in a divorce case at the Religious Court. Second, the Judge at the Religious Court in his legal considerations stated that even though the marriage certificate was fake, this certificate was made consciously and is known together. The Mataram District Court Judge in his legal considerations was a decision regarding an alleged unlawful act in the form of a fake marriage certificate, not a decision that annulled the marriage. As for marriages carried out without registration, the state cannot provide legal protection unless there is material truth that can be proven in court.
Analysis of Maqāṣid al-Sharī’ah on the Protection of Children’s Rights Following Divorce Aminudin Aminudin; Nawir Yuslem; Iqbal Irham
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51370

Abstract

This study aims to analyze the protection of children’s rights following divorce by employing the framework of Maqāṣid Sharī’ah as a normative and philosophical foundation within Islamic law. Divorce is a social phenomenon that not only affects the marital relationship between spouses but also generates serious consequences for the fulfillment and protection of children’s rights. In many cases, children become the most vulnerable parties, suffering psychological, economic, and social harm as a result of the dissolution of their parents’ marriage. Therefore, the protection of children’s rights after divorce constitutes a crucial issue that requires comprehensive examination, including from the perspective of Islamic law through the Maqāṣid Sharī’ah approach. This research adopts a qualitative methodology with a normative-juridical approach. Data were collected through library research on primary and secondary sources, including the Qur’an, Hadith, classical fiqh texts, statutory regulations related to child protection, as well as relevant scholarly literature. Data analysis was conducted by linking the concept of post-divorce child rights protection to the fundamental objectives of Maqāṣid al-Sharī‘ah, namely the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that the protection of children’s rights after divorce is strongly aligned with the principles of Maqāṣid al-Sharī‘ah, particularly in safeguarding children’s survival, well-being, and optimal development. The protection of children’s rights following divorce constitutes both a al-sharī’ah-based and humanitarian imperative and serves as a key indicator of justice within Islamic family law, as Maqāṣid al-Sharī’ah must be oriented toward human welfare and quality-of-life development (human development).
Co-Authors Achyar Zein Ahmad Mafaid Aminudin Aminudin Asmuni Asmuni Darmansyah Hasibuan Dhiauddin Tanjung Iqbal Irham Khoiruddin Hasibuan Mhd. Yadhi Harahap Mospa Darma Muhammad Yadi Harahap Nusra Arini