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Discovering the Legacy of Mandailing Ulama: Education, Intellectuals, and Politics in North Sumatra in the Early 20th Century Ja'far Ja'far; Mhd. Syahnan; Asrul Asrul; Zaini Dahlan; Sakti Ritonga
Ulumuna Vol 26 No 2 (2022): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ujis.v26i2.502

This study examines the role of Mandailing ulama in education, intellectuals, and politics in the early 20th century. Ulama plays a critical role in safeguarding the morality of Muslim society (umma). Drawing upon the historical approach, it employed Kuntowijoyo model of writing history stages and Anthony Giddens' structuration theory to analyze the problems that this study intends to answer. This study argues that the social structure surrounding the Mandailing ulama enabled them to address religious and other sociocultural issues. This study also unveiled that the Mandaling ulama in the early 20th century mobilized the organizations, such as Al Washliyah (1930), Al-Ittihadiyah (1935), and Nahdlatul Ulama (1918) to promote the education of the indigenous people, fortify the Sunni school of thought from the heretical and influence of Dutch colonial government. It was manifested by supporting only two Islamic political parties: the Masjumi Party and the Nahdlatul Ulama Party. This suggests that Ulama were not only religious scholars who acquired knowledge of Islamic norms and disseminated them through religious and educational institutions, such as madrasa and pesantren, but also active agents in socio-political transformation within the Muslim community.

Pelaksanaan Fardhu Kifayah Bagi Jenazah yang Terinfeksi Covid-19 di Rumah Sakit Putri Bidadari Kabupaten Langkat (Analisis Fatwa Mui No 18 Tahun 2020 Pada Fikih Wabah) Muhammad Harun Al Rasyid Rasyid; Muhammad Syahnan Syahnan; Hafsah Hafsah
Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Vol 10, No 01 (2022): Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/am.v10i01.2429

The purpose of the study was to determine the implementation of fardhu kifayah for corpses infected with COVID-19 at Putri Bidadari Langkat General Hospital and to find out the obstacles or obstacles in implementing fardhu kifayah for bodies infected with COVID-19 at Putri Bidadari Langkat General Hospital. The type of research used is empirical research. Empirical research is a study that views law as a reality, including social reality, cultural reality and others. Data collection techniques by means of observation, interviews, literature review and documentation. The data analysis technique in this study uses analytical methods, content analysis techniques aim to explore the content or meaning in the form of documents, literary works, articles and so on in the form of unstructured data. Data absence technique by means of triangulation of sources and methods. The results of this study indicate that the implementation of the Covid-19 corpse at RSU Putri Bidadari Langkat is the basis for the management of Muslim bodies (tajhiz al-jana'iz) exposed to COVID-19, especially in bathing and worshiping. must be carried out according to medical protocol and carried out by the Purti Bidadari Langkat General Hospital while still taking into account the provisions of Islamic law. Meanwhile, praying and burying him is carried out as usual by Islamic law while maintaining health protocols so as not to be exposed to COVID-19. Meanwhile, the inhibiting factor or obstacle in implementing the fardhu kifayah of the Covid-19 corpse is the family's refusal to handle the Covid-19 corpse.

MORAL JUSTICE AND SOCIAL TO CHILD IN FAMILY POLYGAMY IN PUBLIC MALAY CITY OF MEDAN Sofyan Suri; Pagar Pagar; Mhd. Syahnan
Akademika : Jurnal Pemikiran Islam Vol 28 No 1 (2023)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v28i1.6513

This study aimed to view the natural moral justice and justice social to the child in the family results of polygamy. Data collection techniques used are observation and interviews. The informants in this study were only 50 people. The research findings in this article are the results of wedding polygamy; they have the right to moral justice because of a value of 68.78%. This fact means that the father already almost approaches perfection in fulfilling his obligations to the child's rights. Whereas in a manner justice social, according to children from wedding polygamy for Public Malays in Medan City yet Can apply fair to they as member family, because value obtained is 27.45%. According to the children, the father is still dominant on children, confident in giving the right child evenly. However, the fathers disputed this assessment because, according to the fathers, social injustice is not the same, but it provides services according to the needs and circumstances of the father.

Force Majeure in Islamic Law of Transaction: A Comparative Study of the Civil Codes of Islamic Countries Mhd. Syahnan
TSAQAFAH Vol. 9 No. 1 (2013): Islamic Economics
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v9i1.37

This paper attempts to shed lights on the performance of the obligations to a valid contract that can be frustrated by events beyond human control. Such events may have considerable impact on various designated legal principles and rules which is widely known as force majeure. The doctrine of unforeseen circumstances in contemporary legislation, on the main, is expressed in the same term which understandably as result of the origin derivation of the French law le theorie de l’imprévision. Although it is true that there is no such general principle of force majeure in classical Islamic law, the author argues that significant efforts have been made in synthesizing both the Islamic and Western law concepts. Accordingly, despite the fact that the traditional Islamic legal system has its own mechanism to deal with such events at the time of contract, to a certain extent, it has influenced its contemporary form of the concept of intervening conti- ngencies (nazariyyat al-jawa’ih ) as reflected in the Civil Codes of the Arab states. In addition, in response to the exigencies of the ever-increasing problems of modern life which brings with it alien concept, force majeure does not contradict with the provisions of the Shari‘ah since the views of Islamic jurisprudents (fuqahâ) can justifiably be referred to.

Islam and Democracy In Modern Indonesia: The Role of Al Washliyah in the 1955 Elections Ja'far Ja'far; Mhd. Syahnan; Asrul Asrul
TANFIDZIY Vol 2 No 1 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v2i1.1885

Abstract: This article examines the role of Al Washliyah, an Islamic organization founded in Medan during the early 20th century, in the 1955 Indonesian election. This study is library research with an historical approach, drawing data from primary sources such as organizational documents and secondary sources like expert research findings. The significance of this study lies in its novel exploration of a previously unaddressed topic by researchers. This study argues that during the Old Order era, Al Washliyah accepted the concept and implementation of elections with the aim to advocate Islam as the foundation of the state. Consequently, Al Washliyah strongly supported the Masjumi Party and secured a distinctive membership within this Islamic party. Additionally, Al Washliyah engaged in political education, actively conducting training sessions in preparation for the general elections. The organization's endeavors played a pivotal role in contributing to the Masjumi Party's substantial electoral success in North Sumatra. Notably, some of its prominent figures successfully secured positions in the Constituent Assembly and the House of Representatives in Jakarta. Their involvement facilitated national-level discussions on the foundational underpinnings of the state.

MORAL JUSTICE AND SOCIAL TO CHILD IN FAMILY POLYGAMY IN PUBLIC MALAY CITY OF MEDAN Sofyan Suri; Pagar Pagar; Mhd. Syahnan
Akademika : Jurnal Pemikiran Islam Vol 28 No 1 (2023)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v28i1.6513

This study aimed to view the natural moral justice and justice social to the child in the family results of polygamy. Data collection techniques used are observation and interviews. The informants in this study were only 50 people. The research findings in this article are the results of wedding polygamy; they have the right to moral justice because of a value of 68.78%. This fact means that the father already almost approaches perfection in fulfilling his obligations to the child's rights. Whereas in a manner justice social, according to children from wedding polygamy for Public Malays in Medan City yet Can apply fair to they as member family, because value obtained is 27.45%. According to the children, the father is still dominant on children, confident in giving the right child evenly. However, the fathers disputed this assessment because, according to the fathers, social injustice is not the same, but it provides services according to the needs and circumstances of the father.

Legal Standing Of Statement Letters In Proofing Cases Of Joint Property (Civil Case Study Number: 390/Pdt.G/2021/PA.Psp) Pulungan, Nina Arnita; Syahnan, Mhd; Siregar, Ramadhan Syahmedi
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.404-418

This research aims to describe the position of the Statement Letter in Proving Joint Assets at the Padangsidimpuan Religious Court (Civil Case Study Number: 390/PDT.G/2021/PA.PSP) based on the Subekti Theory of Evidence and the Theory of Justice according to Islamic views. The type of research used is normative juridical with a qualitative approach method. Data collection techniques were carried out using observation, interviews and documentation techniques. The data analysis technique applies the theory of Miles, Huberman, & Saldana (2014). The results of this research are based on the theory of Evidence according to Subekti, that Evidence is to convince the judge about the truth of the argument or arguments put forward in a dispute. Thus, Parwit Simamora, who has submitted a statement letter, has promised the judge the truth of what he has stated in the letter through the answers ]he has submitted. So the panel of judges gave consideration and assessed that the position of the statement letter was proof of commencement which must be supported by other evidence. Meanwhile, the other witnesses who wrote the statement were not present in court to provide evidence, so they could not promise the judge what was stated in the statement because they did not fulfil the judge's invitation to appear in contradiction to stating their evidence so that the judge considered the position of the statement was not can be used as initial evidence as an initial backup or clue to the object of the case.

Reconceptualization of Marriage Dispensation Provisions In Religious Courts (Solution To Reduce The Number of Early Marriages In Indonesia) Hasanah, Uswatun; Syahnan, Mhd; Tanjung, Dhiauddin
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1390

Introduction: In the Marriage Act has been formulated several principles of marriage, one of which is the principle of marriage in terms of age of marriage. In accordance with the provisions, it is confirmed that the age of marriage for men and women is 19 (nineteen) years. Furthermore, if there are irregularities regarding the parties who have not reached the specified age, it is permissible to apply for a marriage dispensation to the Religious Court.Purposes of the Research: This study aims to determine and analyze the rules of the game in terms of marriage in which to conceptualize the provisions of the marriage dispensation with the aim of reducing early marriage in Indonesia.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The problem of early marriage is usually included in the category of children where the child is someone who is not yet eighteen years old, including children who are still in the womb. Therefore, it is necessary to consider the physical and spiritual maturity that makes it possible to carry out her duties as a wife and as a mother as well as possible, if it is used as the best benchmark for a daughter to carry out a marriage. in accordance with the circumstances in Indonesia the lowest limit for a girl is 18 years.

Whistleblowers as Anti-Fraud in Banking Crimes from a Maslahah Perspective Marpaung, Zaid Alfauza; Syahnan, Mhd; Panjaitan, Budi Sastra
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12422

This research aims to examine the important role of whistleblowers in exposing banking crimes from the perspective of maslahah in Islamic law. The study employs a qualitative-normative approach using a literature review method based on positive legal regulations and scholarly works related to maslahah theory developed by maqasid scholars. The legal sources consist of primary legal materials such as the Corruption Crime Law, the Financial Services Authority, and the Law on the Protection of Witnesses and Victims, as well as secondary legal materials in the form of books, journals, and scientific articles. Since this research is normative, the main focus is on the study of positive legal norms rather than empirical field data. The analysis was conducted qualitatively through categorization and deductive reasoning. The results indicate that whistleblowers play a strategic role in detecting and exposing fraudulent practices due to their direct access to internal information that is not available to the public. The fraud in question includes various forms of legal and ethical violations that occur in the banking sector and may harm customers, financial institutions, and the overall stability of the economy. From the maslahah perspective, the existence of whistleblowers represents an effort to protect the public interest, particularly in maintaining honesty, justice, and property within the muamalah (social transaction) system. The study recommends strengthening legal protection mechanisms for whistleblowers to ensure their security and prevent potential threats, intimidation, or retaliatory actions. Furthermore, the study highlights the importance of establishing a reporting system that is both technically and institutionally secure, while also oriented toward public benefit by promoting civic participation in oversight and strengthening the effectiveness of law enforcement and transparent governance.

Model of Sharia Financing Contract in the Form of Notary Deed According to the Perspective of Islamic Law Muhammad Syukran Yamin Lubis; Asmuni Asmuni; Mhd. Syahnan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3101

The practice of developing sharia financing has actually experienced massive developments, especially in ensuring the existence of legal certainty in transactions. One of the developmental practices of sharia financing is the existence of a contract formulated in the form of a notarial deed. This research focuses on the legal vacuum related to the arrangement of making a shari'ah financing contract in the form of a notarial deed. This research is a normative legal research with a concept and statutory approach. The results of the study show that a sharia financing contract made in the form of a notarial deed according to Islamic law must still refer to the provisions of syar'i law. In the process of shari'ah financing contracts, it is necessary to refer to several syar'i aspects, such as paying attention to the provisions contained in the Qur'an and sunnah, the Sharia Banking Law, to the JN Law. The model for making sharia financing contracts in the form of a notary deed based on the principles of agreement in Islamic law places the position of a notary to guarantee neutrality, professionalism and integrity including fulfilling and complying with the code of ethics. Notaries need to understand the provisions of syar'i or Islamic law in formulating a syari'ah financing contract requiring certification and special training in making sharia banking contracts for notaries

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