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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Jurnal Daulat Hukum JURNAL MAHKAMAH Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Ganaya: Jurnal Ilmu Sosial dan Humaniora Edukasi Islami: Jurnal Pendidikan Islam TAZKIR: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Journal Analytica Islamica Legal Standing : Jurnal Ilmu Hukum Unes Law Review Istinbath: Jurnal Hukum dan Ekonomi Islam Journal of Humanities and Social Studies Jurnal EDUCATIO: Jurnal Pendidikan Indonesia Pena Justisia: Media Komunikasi dan Kajian Hukum Taqnin: Jurnal Syariah dan Hukum Al-Kharaj: Journal of Islamic Economic and Business Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Jurnal Pengabdian kepada Masyarakat Nusantara Jurnal Ilmiah Al-Hadi Jurnal Nuansa Akademik: Jurnal Pembangunan Masyarakat Munaddhomah: Jurnal Manajemen Pendidikan Islam Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Law Development Journal Journal Of World Science Al-Manahij : Jurnal Kajian Hukum Islam AHKAM : Jurnal Hukum Islam dan Humaniora Electronic Journal of Education, Social Economics and Technology QANUN: Journal of Islamic Laws and Studies AL-SULTHANIYAH Asian Journal of Early Childhood and Elementary Education IIJSE El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Journal of Ekonomics, Finance, and Management Studies Reflektika
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Neglect of Parents at UPTD Social Services for the Elderly Binjai in Review of Islamic Law and UU No.1 of 1974 Concerning Marriage Afifah Salsabila Lubis, Nurul; Syam, Syafruddin
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 1 (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.v7i1.4569

Abstract

The obligations of parents are the rights of children, and vice versa, the obligations of children towards their parents are the rights of the children's parents. Namely, parents are obliged to care for and provide guidance to their children who are not old enough according to their respective abilities. Family law seeks to regulate relationships between families. In this research, the author conducted research on parental neglect at the Binjai Elderly Social Services UPTD in terms of Islamic Law and UU No. 1 of 1974 concerning Marriage which the researcher took from the case study of Parental Neglect at the Binjai Elderly Social Service. Update. This legal research uses a normative-empirical approach. The type of research used is descriptive, namely research that generally aims to systematically, factually, and accurately describe a problem that has occurred. The data source that the author uses in this research is primary data obtained by the author directly from interviews. The data validity testing technique in this research uses data triangulation. Islam emphasizes the importance of caring for parents as a form of filial piety. The Qur'an commands children to be kind to their parents, even when they reach old age. Article 46 states the rights and obligations of children towards their parents, which states that children are obliged to respect and obey the good wishes of their parents, and when a child is an adult, they are obliged to support their parents and support family members at home. best, if they need help.
DINAMIKA PARTAI POLITIK ISLAM DALAM PEMBENTUKAN PERATURAN DAERAH BERNUANSA ISLAMI DI KABUPATEN ASAHAN Syam, Syafruddin; Zaleha, Zaleha; ZR, Surono
Reflektika Vol 18, No 2 (2023)
Publisher : Universitas Al-Amien Prenduan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28944/reflektika.v18i2.1008

Abstract

This research article aims to find out the dynamics of Islamic political parties with Islamic nuances in Asahan Regency providing arguments and subangsih in Islamic nuanced bylaws in Asahan Regency. Data input and collection are carried out by direct involvement and interviews (Indeepth Interview), direct observation with a sampling method that is carried out deliberately (Purposive sampling), the approach implemented is symbolic interaction. The result of this research is to state that in responding to, analyzing and participating in summarizing regional regulations with Islamic nuances in Asahan Regency, be more vigilant so that there are no clashes with other groups. It started when the Islamic party in Asahan Regency analyzed the "religious" contained in the vision and mission of Asahan Regency. The application carried out by local governments in accordance with the needs and input from the existence of political parties as a juridical basis or gate for later application of the concept of Islamic sharia adopted by the government. Because the political parties in Asahan make a higher legal foundation that gives greater authority to the regions to make regulations that are in accordance with Islamic law universally in order to realize Religious Asahan.
Productive Waqf with Money (Cash Waqf) in the View of the Acehnese Dayah Scholars Anwar Anwar; Nawir Yuslem; Syafruddin Syam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2416

Abstract

This study focuses on exploring the views of the dayah scholars in Aceh and the dynamics behind their different views on cash waqf which are becoming popular in Indonesian society. Designed in the form of a qualitative research, research data were collected through in-depth interviews with 8 prominent dayah scholars in Aceh, who were selected purposively. The eight scholars who were used as key informants for this research were charismatic scholars who were always used by the people of Aceh as the mecca of legal fatwas. Data were also collected through repeated observations to research sites and document studies related to the topic being researched. The results of the study show that the dayah scholars in Aceh have different views in executing the law allowing cash waqf. This difference occurs because each scholar has a different perspective in understanding the source of waqf law, both in terms of text and context. In the end, this study argues that the view of the dayah scholars regarding cash waqf which has been very textual in nature, must be shifted to contextual, so that the implementation of cash waqf is carried out properly as an effort to improve the welfare of the Acehnese people.
Analisis Maqāṣid al-Syarī‘ah terhadap Laki-Laki yang Meninggalkan Salat Jumat karena Menjaga Keamanan Kendaraan Jamaah: Studi Kasus di Masjid Wilayah Kota Medan Ghiffari, Ahmad Fadhli Al; Syam, Syafruddin
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4860

Abstract

Friday prayer is obligatory for adult Muslim men; however, in several major mosques in the city of Medan, security personnel are unable to perform it because they are assigned to guard the congregants’ vehicles. This study aims to analyze the legal status of this practice within the framework of the objectives of Islamic law. The research employs a qualitative method with a case study at three mosques in Medan, using observation, interviews with security personnel, mosque administrators, and religious figures, as well as normative analysis based on fiqh and Maqasid al-Shariah. The findings indicate that the duty of guarding vehicles may constitute a valid legal excuse (‘udhr shar‘i) when it concerns public welfare, when no effective substitute is available, and when there is a real potential for harm if the duty is neglected. These findings affirm the relevance of contemporary social practices to the principles of Maqasid al-Shariah in the protection of property (ḥifẓ al-māl) and, in certain circumstances, the protection of life (ḥifẓ al-nafs), while also highlighting the need for structured mosque management.
IMPLICATIONS OF TRANSGENDER ON MARITAL STATUS FROM THE PERSPECTIVE OF MEDAN CITY SCHOLARS Rambe, Rachmat Husein; Syam, Syafruddin; Firmansyah, Heri
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1302

Abstract

The phenomenon of gender reassignment (transgender) presents complex legal issues, particularly concerning marital status from an Islamic legal perspective. This research examines the Islamic view on gender reassignment, the validity of marriage post-reassignment, and the implications on marital status according to scholars in Medan City. Using a qualitative method with a normative-sociological approach, data was gathered through a literature review and interviews with scholars from the Indonesian Ulema Council (MUI), Muhammadiyah, and Al-Washliyah. The findings show that Islamic law views intentional sex reassignment, without medical reasons, as contrary to human nature and impermissible. While the marriage contract remains valid, gender reassignment disrupts the marital essence, rendering the marriage unsustainable. Medan scholars believe that gender reassignment does not invalidate the marriage but provides a strong basis for ending it through Islamic legal mechanisms, with fasakh being the most just solution. This research contributes to Islamic family law studies, emphasizing the Sharia-oriented approach in addressing transgender issues.
The Use of Zakat Funds to Support the Government's Stunting Eradication Program from a Maslahah Mursalah Perspective Fitrah Humairah; Syafruddin Syam
Al-Kharaj: Journal of Islamic Economic and Business Vol. 8 No. 1 (2026): All articles in this issue include authors from 3 countries of origin (Indonesi
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v8i1.9506

Abstract

Stunting remains a serious problem in Indonesia because its prevalence has not yet reached the reduction target as stipulated in Presidential Regulation Number 72 of 2021. Zakat funds can be positioned as a complementary funding source to strengthen state intervention in stunting prevention. This study aims to analyze the use of zakat funds to support the government's stunting reduction program from a maslahah mursalah perspective. This study uses a normative juridical method with a statute approach and a conceptual approach. Data sourced from secondary data obtained through document studies include primary legal materials in the form of laws, as well as secondary legal materials in the form of law books, legal journals, and opinions of legal experts relevant to this study. The data were processed qualitatively and analyzed using deductive reasoning. The results of the study indicate that the use of zakat funds can support the government's stunting reduction program, particularly through the utilization of consumptive and productive zakat distributed to poor and needy Muslim families. The use of zakat funds for stunting reduction in Indonesia is currently not evenly distributed across all cities and districts. Based on the perspective of maslahah mursalah, the use of zakat funds for stunting reduction programs is permissible and highly relevant because it provides public benefit and is beneficial in preserving the soul (hifz al-nafs) and offspring (hifz al-nasl) without conflicting with sharia provisions. Therefore, strengthening regulations and cross-sectoral coordination is needed so that the use of zakat funds to support accelerated stunting reduction can be implemented in a more targeted, integrated, and sustainable manner.
The Development of Siyasah Maliyah in Enhancing Community Welfare through MSMEs Syam, Syafruddin; Permata, Cahaya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5432

Abstract

Micro, Small, and Medium Enterprises (MSMEs) play a vital role in enhancing community welfare, necessitating the development of siyasah maliyah (economic governance). This requires central and regional governments to establish policies that involve non-governmental institutions such as the Indonesian Ulema Council (MUI) and Mosque Prosperity Boards (BKM) in MSME development to improve societal welfare. This study aims to examine the role of MSMEs in promoting welfare, understand and elaborate on the synergy between MUI and BKM in MSME development, and analyze the siyasah maliyah concept concerning their roles in welfare enhancement through MSMEs. Utilizing doctrinal research with conceptual and statutory approaches, legal materials were gathered through document studies, then processed, analyzed, and qualitatively described. The findings reveal that MUI and BKM can synergize effectively in developing MSMEs, with six forms of synergy identified: coordinative, consultative, resolutive, enlightening, empowering, and socializing. Both institutions significantly contribute to empowering the Muslim community's economy and improving welfare through MSME initiatives. The government must formulate policies as part of siyasah maliyah development, engaging non-governmental institutions like MUI and BKM in fostering MSMEs. Such efforts are critical to ensure government policies on welfare improvement address not only income growth and fiscal management but also community empowerment and collaboration with non-governmental entities to bolster MSME growth and enhance public welfare comprehensively.
LEGAL STATUS OF FOUNDATION PROPERTY CONSIDERED AS AN INHERITANCE BY THE FOUNDER'S FAMILY Fikri Al Muhaddits Dalimunthe; Syafruddin Syam; Nurcahaya
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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

Abstract

A foundation is a legal entity consisting of separated assets and allocated to achieve certain objectives in the social, religious and humanitarian fields, which does not have members. The existence of foundations in Indonesia as legal entities engaged in social activities is very necessary. This is also related to the provisions of the 1945 Constitution of the Republic of Indonesia which in several articles regulates these needs, including Article 27, Article 31 and Article 34 of the 1945 Constitution of the Republic of Indonesia shows that the government and society need the existence of social organizations. This study uses a normative juridical legal research method, aimed at examining legal principles, legal systematics, legal synchronization, legal history and comparison, descriptive analytical research, that research is included in the scope of research that describes, examines and explains precisely and analyzes applicable laws and regulations related to legal theory. The research source uses library data (library research), namely research conducted by citing sources from books, legislation and other regulations that have a relationship with the problem aspect. The results of this study are that there is no authority of the founding family over the foundation they established, so there is no right to obtain the results from the management of the foundation in the form of inheritance or other forms except for the separation of assets between the foundation's assets and personal assets, so the distribution of inheritance from the foundation's assets that are not separated is prohibited. In the event that the will as intended to establish the Foundation is not executed, then at the request of the interested party, the Court can order the heirs or recipients of the will concerned to execute the will. This provision accommodates a person's wishes before dying to establish a Foundation, and is stated in a will.
Problematic Division of Inheritance in Personal Assessment and the Perspective of Islamic Law and Positive Laws Fikri Al Muhaddits Dalimunthe; Syafruddin Syam; Nurcahaya Nurcahaya
Electronic Journal of Education, Social Economics and Technology Vol 6, No 1 (2025)
Publisher : SAINTIS Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33122/ejeset.v6i1.895

Abstract

Inheritance distribution is an essential part of resolving the assets left by a deceased individual. However, problems arise when the inheritance includes not only personal assets but also assets registered under the name of a foundation. In Islamic law, inheritance can only be distributed from assets personally owned by the deceased. In contrast, under Indonesian positive law specifically Law No. 16 of 2001 in conjunction with Law No. 28 of 2004 on Foundations foundation assets are not considered the private property of the founder, but are part of a legal entity. This study aims to analyze the issues in inheritance distribution involving personal and foundation assets from the perspective of Islamic law and positive law. This research employs a qualitative method with a normative-juridical approach. The results indicate that the misuse of foundation assets as part of an inheritance often leads to conflicts among heirs. Therefore, a thorough understanding and harmonization between the two legal systems are necessary to ensure fair and lawful inheritance distribution.
Co-Authors Achyar Zein Afif Syahputra Afifah Salsabila Lubis, Nurul Afsari, Rafika Hidayah Ahmad Tamami Akmaluddin Syahputra Akmaluddin Syahputra Akmaluddin Syaputra Ali Akbar Ali Saat Husaini Siregar Amin, Ade Ulfa Andika Rahmad Siregar Anwar Anwar Apri Yani Sitompul Apriyanti Ritonga, Nurul Hidayah Bagus Ramadi Baihaqi, Raiehan Dasri Dasri Dasri, Dasri Dedy Kurniawansyah Bangun Fachruddin Zakarya Fatimah Zahara Fikri Al Muhaddits Dalimunthe Fikri Al Muhaddits Dalimunthe Fitrah Humairah Ghiffari, Ahmad Fadhli Al Gulo, Hadyan Hafsah Hafsah Harahap, Rifnatul Hasanah Herdi, Novantri Heri Firmansyah Imam Yazid Ingah Maulana Larasati Nur Kharomah Lestari, Dewi Margolang, Alifiah Matondang, Maulidya Mora Muhammad Fadhil Muhammad Syahril Muhammad Syukri Albani Nasution Mutiara Sachputri Nadia Br. Pasaribu Nawir Yuslem Nazhira Ghaisani Noto Wibowo Nurcahaya Nurcahaya Nurcahaya Nurcahaya, Nurcahaya Padia Putri Pagar Pagar Pagar, Pagar Permata, Cahaya Pulungan, Madinah Putri Nurhalizah Siregar Raiehan Baihaqi Ramadani, Ramadani Ramadi, Bagus Ramadina, Wardah Rambe, Rachmat Husein Rifnatul Hasanah Harahap Rizki Muhammad Haris Safinda, Qory Sari, Yulia Indah Permata Siregar, Muhammad Hatta Siregar, Muhammad Rizki Aulia Solihah, Mar’atus Sukiati Sukiati Syahnan Syahnan Syahputra, Afif Syahputra, Akmaluddin Syahrini Harahap Syofiaty Lubis Tarigan, Tetty Marlina Titi Susanti Wahyuni Dazura Warsito Wilda Lestari Wirda Hayani Syahputri Zainul Fuad Zainul Fuad Zaleha, Zaleha Zr, Surono Zulkifly