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All Journal Hunafa: Jurnal Studia Islamika Al-Ahkam Nurani: Jurnal Kajian Syariah dan Masyarakat FOKUS: Jurnal Kajian Keislaman dan Kemasyarakatan Jurnal Ilmiah Al-Syir'ah Humani (Hukum dan Masyarakat Madani) JURIS (Jurnal Ilmiah Syariah) Al-Maslahah Turast: Jurnal Penelitian dan Pengabdian Ijtihad JURNAL HUKUM MEDIA JUSTITIA NUSANTARA Jurnal AL-AHKAM Jurnal Kajian dan Pengembangan Umat Zaaken: Journal of Civil and Business Law Al-Adyan: Journal of Religious Studies Al Mashaadir : Jurnal Ilmu Syariah Hunafa: Jurnal Studia Islamika Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Kawanua International Journal of Multicultural Studies JURIS (Jurnal Ilmiah Syariah) Mazahib: Jurnal Pemikiran Hukum Islam Al-Istinbath: Jurnal Hukum Islam Al Ushuliy

Elfia Elfia

Universitas Islam Negeri Imam Bonjol Padang

Author-ID : 258886

Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kebijakan Hukum dalam Penyelesaian Kewarisan Islam (Analisis Terhadap Beberapa Kebijakan Umar bin al-Khattab) Elfia Elfia
FOKUS Jurnal Kajian Keislaman dan Kemasyarakatan Vol 2, No 2 (2017)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jf.v2i2.296

The central point in this study is to analyze some of the legal policies ever made by Umar bin al-Khattab in solving the problem of inheritance. Launched this research to formulate fiqh of heritage fill the legal policy when difference estoppel happened to adapt to the spirit of the prevailing of justice in society. On legal policy that took by Prophet companions, God bless them in al-Mawarits, it can be informed of a number of issues, as a matter of reliability and Aul and Radd, Gharrawain, Akdariyah, Musyarakah and al-Kharqa’. Stuck legal policy in settling the issue of inheritance justice for all the heirs, because in the settlement of this matter without conditioning will lead to the problem must be resolved patients to win win solution and does not violate the legal argument of the proposition. Took place this issue in the days of Umar bin al-Khattab, he judged them around, then signed again in the Supreme Court and he judged it. It seems that the Supreme Court of Indonesia has taken flexibility and adaptability in government policy. Like giving the heir of the inheritance hit him with a different religion. Why did Umar bin al-Khththab take a legal policy in solving the inheritance problem? What is the underlying legal policy?Access to data and formulas and find a solution to the problems in this study by using library research, and was done through the relevant issues that have been discussed during data collection. This is a research study on the appropriateness and consistency sentences between theoretical and practical. The approach taken in this study is a qualitative approach in the style of descriptive analysis. It is that some of the policies described in the division of heritage, which spent by the Prophet Companions and scholars (Ulema) of the four schools (Mazhab). The result of your search reveal resolve the issue of inheritance in Islam and settled appropriate to good policy and entrusted interest and do not conflict with a peremptory verses of legal texts. The policies made by Umar bin al-Khattab, in some circumstances are still influenced by the Arab tradition of jahiliyah which requires men to get more rights than women. Keyword : Legal Policy, Inheritance, Umar Bin Al-Khattab

Distribution of Heritage Association of Harta Pusaka Tinggi And Harta Pusaka Rendah in Padang Pariaman Elfia Elfia; Meirison Meirison; Qasim Muhammadi
Al-Ahkam Vol 30, No 1 (2020): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

This research is motivated by a phenomenon of the distribution of inheritance that occurs in the Nagari Lurah Ampalu community. They hand over inheritance (pusako rendah) at the pusaka tingg" property to girls. Some of the problems in this study are, the factors causing the community to divide pusaka tinggi and pusaka rendah are not based on Islamic law and the method of settlement by Shari'a for the two types of inherited assets that have been mixed. Data in this paper were obtained through interviews and documentation. The factors causing the community to share this inheritance are derived from the traditions of previous ancestors, the lack of community knowledge in faraid science and the existence of coercion between heirs. The solution used by local clerics is to calculate the price of pusaka tinggi land and the proceeds of the sale are left to the pusaka tinggi property holders. Assets that are on ancestral inheritance are distributed to heirs according to the law of farā'iḍ. The final solution is to move or eliminate assets above pusaka tinggi .

THIRD CENTURY ISLAMIC ECONOMIC THOUGHTS YAHYA BIN UMAR AND AHMAD BIN HANBAL III H / 9 M Merison Merison; Elvina Rahmi; Ridho Nur; Elfia Elfia
Hunafa: Jurnal Studia Islamika Vol 17 No 1 (2020): STUDIA ISLAMIKA
Publisher : State Institute of Islamic Studies (IAIN) Palu

This article discusses the history of economic thought in the third century. Islam has provided all the guidelines or guidelines for humans to live in the world, both morally and economically. One of the most important economic activities that Islam promotes is the Qur'anic trade, and the hadith explains much about the profession. Where business is essential for the survival of humankind as civilization progresses on the surface of the earth, especially in the field of commerce where every trader competes for profit. Unfortunately, as the civilization of the traders begins to do everything to profit without regard to the rules laid down in the Shari'ah, One of the ways traders can benefit from unhealthy habits is to practice Siyasah al-Ighraq (dumping). And the people who talk about this are Yahya Bin Umar and Ahmad Bin Hanbal. The method in this study is library research aimed at studying the concept of a legal matter, using descriptive-analytical methods, normative-economic, and sociological approaches. The results show that the focus of Yahya bin Umar's attention is on the market rules that are reflected in the discussion of the bag (pricing). Implementation of prices (al-tas'ir) is a dominant theme in the book of Ahkam al-Suq, the author of the book, Imam Yahya bin Umar, repeatedly discussing it in various places. Apparently, he wants to say that price existence is an essential thing in a transaction and neglecting it can cause damage to people's lives. Related to this. Yahya bin Umar argues that al-tas'ir (pricing) cannot be done. Likewise, with Imam Ahmad, he criticized buyers who bought other people's goods at the same time. A seller who loses his price will monopolize the commodity, and if there is no competition, he can give it whatever he wants. Be more careful when making decisions. Imam Ahmad requested that such cases be remedied to avoid monopoly and other unpleasant practices.

TINJAUAN HUKUM ISLAM TERHADAP HAK KEAGAMAAN PENYANDANG DISABILITAS DALAM UNDANG-UNDANG RI NO 8 TAHUN 2016 DAN PENERAPANNYA DI KOTA PADANG Rosa Marlina; Sobhan Sobhan; Elfia Elfia
Jurnal AL-AHKAM Vol 12, No 2 (2021)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v12i2.3607

This paper aims to find out the review of Islamic law on the religious rights of persons with disabilities in the RI Law No. 8 of 2016 and its application in the city of Padang. This research is a field research. Data collected through interviews conducted in the city of Padang, namely the Office of the Ministry of Religion of the city of Padang, the Office of the Mayor of Padang, the Social Service of the city of Padang. The results of this study are the review of Islamic law on the religious rights of persons with disabilities in Law No. 8 of 2016 does not conflict with Islam, while the application of the religious rights of persons with disabilities, especially those who adhere to Islam in the city of Padang has not been maximally fulfilled with facilities that have not been fully implemented. inadequate and inadequate aspects of services for persons with disabilities and human resources that have not been maximized in teaching Islamic religious education.

KAWIN HAMIL AKIBAT ZINA : Studi terhadap Persepsi Masyarakat Nagari Ranah Pantai Cermin, Solok Selatan Zainal Azwar; Elfia Elfia
Turast: Jurnal Penelitian dan Pengabdian Vol 9, No 2 (2021)
Publisher : Universitas Islam Negeri Imam Bonjol Padang

This study purpose to expose the perception of Pantai Cermin public towards the phenomenon of pregnant marriage due to adultery. This is caused by the increasing cases of pregnant marriages in Nagari Ranah Pantai Cermin from 2014 until 2017. The research questions are: What are the factors causing the increase of pregnant marriages due to adultery in Nagari Ranah Pantai Cermin, what are the public's opinions about pregnant marriages due to adultery, and what are the efforts done by the community to prevent pregnant marriages due to adultery. This research is a field research with a socio legal research approach. The collected datas were analyzed using qualitative methods. The research finds are: First, the factors that caused pregnant marriage in Nagari Ranah Pantai Cermin were the lack of parental supervision, promiscuity, weak sanctions, and misuse of technology. Second, The Public of Nagari Ranah Pantai Cermin assumpt that pregnant marriage is a very shameful act and in principle is not accepted by the public. However, the Society must accept it by perforce because they do not have the legitimate to punish the perpetrators. Eventually, the case of pregnant marriage became familiar to the public. Third, the efforts were done by the community to prevent pregnant marriages are increasing parental attention, obeying with regulations made by the local Society, carrying out sanctions that have been agreed upon by the religious leaders and ninik mamak, holding juvenile bonds, and sharing knowledge about the consequences of adultery.

ISHLAH DALAM TAKHARUJ MENURUT HANAFIYAH VERSUS ISHLAH DALAM KOMPILASI HUKUM ISLAM (ANALISIS KEBIJAKAN HUKUM) Elfia Elfia
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Institut Agama Islam Negeri Batusangkar

This study aims at analyzing the two forms of legal policy in the division of inheritance by using the principle of ishlah. The takharuj practices that develops in the Hanafi school allows the giving of inheritance rights to the heirs before the property is distributed (before the heirs dies) in the presence of the willingness of the other heirs. The term Ishlah is understood by giving rewards in exchange for the part of the resigned heirs. The principle of ishlah which permits the distribution of inheritance under the agreement of the heirs is also regulated in the Compilation of Islamic Law Article 183. But in that article, the existence of ishlah can be done after the heirs died (after the division of inheritance). This research is a library research by using normative law approach and analyzing the data by content analysis. As the findings from this study, there are several weak points in the completion of the takharuj so that clerics outside Hanafiyah school did not practice it. These weak points potentially violate the qath'i propositions and general principles in muamalah maaliyah. The peace (ishlah) in the Compilation of Islamic Law is easier to follow and does not violate the qath'i proofs in the Qur'an and Hadith.

KRITIK TERHADAP KOMPILASI HUKUM ISLAM TENTANG KETENTUAN HARTA BERSAMA DALAM PERKAWINAN Elimartati Elimartati; Elfia Elfia
JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020)
Publisher : Institut Agama Islam Negeri Batusangkar

The development and social change of the community gives impact to the regulation of the collective assets of marriage. This paper will analyse the State Act of No.1 year 1974 the 35th Article and the compilation of Islamic law (KHI) especially the Article of 1f stating about the definition of the collective asset. This research is a normative law research. It used qualitative approach. Data was analysed through content analysis. Some of the finding shows that personal property and asset becomes the collective asset caused by the marital status. Actually this changing should be stated and witnessed by the penghulu who committed the couple at the beginning of the marriage. The purpose is to avoid illegal changing of the property or asset. The regulation in Indonesia has not yet organized this case as well as possible. It must be reformulated again. Colletive asset causes the changing of responsibility to a husband in giving money to live his wife. In KHI especially in Article 80 described about the the property and asset which can be used to making a living; they are personal asset and or shared asset gathering along the marriage.

Resistensi Ulama Terhadap Konsep Takharuj Dalam Fikih Hanafiyah Elfia Elfia
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 June (2018)
Publisher : Institut Agama Islam Negeri Curup

This research is based on the desire to know the cause of rejection (resistance) of ulama to the concept of takharuj which isdeveloped in fikih Hanafiyah. The Hanafiyah scholar follows the way of takharuj (the removal of one or more beneficiaries from the heirs of the beneficiary in return for the benefit of other beneficiaries either by using his own property or from the heritage property. However,there is a weak point in the completion of the law so that scholars outside Hanafiyah refuse and do not practice it. This research is a library research by collecting and reading jurisprudence literature that contains the opinion of the major ulama and Hanafiyah scholars as the primary material. The approach used in this study is a normative approach. There is a resistance (rejection) of scholars to the concept of takharuj submitted by Hanafiyah scholars because takharuj is considered as a legacy sale but the object of trading is not yet or is not clear. This is contrary to the general principle of muamalah maaliyah. Besides, giving inheritance to the heirs before the person died, even though the purpose was to benefit the heirs, violates and conflicts with the prophecy of qath'i, and the principle of ijbari in inheritance.

ANALISIS TERHADAP PEMBAGIAN WARISAN BAGI ANAK PEREMPUAN PERSPEKTIF HUKUM ISLAM Mohd Syahrial; Asasriwarni Asasriwarni; elfia Elfia
Jurnal AL-AHKAM Vol 13, No 1 (2022)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v1i1.4424

Studi ini menyorot jumlah bagian warisan untuk anak perempuan lebih besar dari bagian warisan untuk anak anak laki-laki berdasarkan beberapa kasus yang ada di Kecamatan Tanah Cogok. Pembagian warisan terhadap anak perempuan ini dilaksanakan melalui cara ishlah. Adapun tujuan yang ingin dicapai dalam tesis ini adalah: (1) Untuk mengetahui alasan, cara, pendapat para ulama serta tokoh adat dan perspektif hukum Islam terhadap Pembagian warisan hanya untuk anak perempuan. Penelitian ini menggunakan metode penelitian empiris, yaitu penelitian dengan adanya data-data lapangan sebagai sumber data utama. Berdasarkan hasil penelitian dapat disimpulkan bahwa pembagian warisan terhadap anak perempuan di Kecamatan Tanah Cogok adalah: (1) Alasan perempuan mendapatkan bagian warisan lebih banyak dari laki-laki adalah: tingkat kesulitan dalam menjaga serta mengurus kedua orang tua semasa masih hidup, sedangkan laki-laki sibuk dengan pekerjaannya sendiri. (2) cara pembagian warisan adalah: Warisan dibagikan setelah pewaris meninggal dunia serta setelah dilunasi semua hutang-hutangnya. (3) Pendapat toko adat dan ulama adalah dengan cara ishlah, dalam pembagian tersebut mereka tidak menemukan perseteruan antara ahli waris karena telah saling ridha. Kelompok toko ulama dan toko adat tidak setuju dengan alasan bahwa cara tersebut tidak sesuai dengan ketentuan hukum waris Islam. (4) praktek pelaksanaan pembagian warisan terhadap perempuan di Kecamatan Tanah Cogok secara teori tidak sejalan dengan hukum kewarisan Islam karena telah bertentangan dengan beberapa prinsip asas ijbari.

Out-of-Court Assistance Based on the Principle of the Best Interests of the Child: Study on Examination Process of Marriage Dispensation Cases Ashabul Fadhli; Asasriwarni Asasriwarni; Elfia Elfia; Muhammad Hizbi Islami
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.10281

This research aimed to elaborate the legal phenomenon of marriage postponement proposed by the applicant in the examination process of marriage dispensation cases at the Religious Courts of Bukittinggi. The decision is taken after the applicant receives out-of-court assistance in marriage dispensation cases by other institutions that has been explicitly regulated in the Supreme Court (PERMA) Number 5 of 2019. The purpose of the assistance is to ensure the children’s readiness in entering marriage and the follow up to limited amendment of Article 7 Marriage Law on age limit. This phenomenon is intriguing due to a sizeable finding on previous marriage dispensation cases where most applicants insisted on getting married soon. This field study is descriptive qualitative research applying the descriptive-analysis method. The empirical-juridical approach was employed, analyzing primary and secondary data sourced from interviews and documentations. The collected data were subjected to Creswell’s technique starting from data processing to data interpretation. The results showed that the assistance practice has successfully encourage many child applicants to make decisions based on their best interests, namely postponing the marriage that is facilitated through an integrated system that includes psychological examination, legal approach, and religious approach. Indeed, this system is non-existent in the previous examination process of marriage dispensation cases. Interpretation and realization of Article 15 of PERMA are perceived to have contributed to the decreasing number of marriage dispensation cases in the Religious Courts of Bukittinggi, and establishing PERMA Number 5 of 2019 as the law that guarantees the prevention of child marriage.

Co-Authors 'Afifa Zulkifli, Rizka . Zulfan Amin, Ibnu Arham, Akbaru Wustho Asasriwarni Asasriwarni Ashabul Fadhli Bahar, Muchlis Bakhtiar Bakhtiar Darmawan, Aldy Darmawan, Aldy Darmawan Efrinaldi Efrinaldi Elimartati Elimartati Elsa Elvionita, Elsa Elvionita Elvina Rahmi Fadhilah, Defi Rahmi Fajri, Yan Firdaus Firdaus Firdaus, Yelmi Eri Hafzi, Ahmad Hamda Sulfinadia Henrik, Hendrik Ilda Hayati, Ilda Izzati, Nurul Jannah, Fitri Miftahul Lendrawati Lendrawati, Lendrawati Mahfuzh, Hafizul Mawaddah, Arini Alfa Meirison Meirison Meirison Meirison, Meirison Merison Merison Merison, Merison Mohd Syahrial Muhammad Hizbi Islami Muhammadi, Qasim Nelli, Fitra Nur, Ridho Qasim Muhammadi Rahmi, Elvina Ridho Nur Rosa Marlina Salma Salma Sobhan Sobhan Suar, Abi Surwati, Surwati Syauqi, Fadhil Muhammad Wati, Salma Zainal Azwar Zulkifli Zulkifli

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