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All Journal al-Afkar, Journal For Islamic Studies TAZKIR: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Jurnal El-Thawalib Yurisprudentia: Jurnal Hukum Ekonomi
Zul Anwar Ajim Harahap
UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertimbangan Hakim Dalam Menjatuhkan Sanksi Tindak Pidana Pencurian Ringan Perspektif Hukum Pidana Islam Rahman Zulfadli Lubis; Zul Anwar Ajim Harahap; Ahmad Sainul
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6666

Abstract

This article describes the judge's considerations in deciding the sanctions for minor theft from the perspective of Islamic Criminal Law. This type of research is normative. The legal materials of this research consist of primary and secondary legal materials in the form of Decision No: 8/Pid.C/TPR/2019/PN PSP, while secondary legal materials are in the form of books, journals and documents related to Islamic criminal law, data collection techniques with the case study method. In this study, the data analysis technique used is the legal hermeneutic analysis method. The results of this study indicate that in Islamic criminal law, theft can be referred to as ordinary theft when theft consists of four elements, namely the element of property taken secretly, the element of the item taken in the form of property, the element of the property being the property of another person and elements of malicious intent or against the law. While the decision No: 8/Pid.C/TPR/2019/PN PSP only consists of three elements that this crime is referred to as light theft, not ordinary theft. The punishment given is ta'zir punishment. 
REFORMULASI TINDAK PIDANA ZINA DALAM RUU KUHP INDONESIA DAN SUMBANGAN HUKUM ISLAM TERHADAP-NYA Zul Anwar Ajim
Yurisprudentia: Jurnal Hukum Ekonomi Vol 5, No 1 (2019)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (510.002 KB) | DOI: 10.24952/yurisprudentia.v5i1.1676

Abstract

This paper begins with a fact that the presence of Islamic law in the Indonesian legal system if the terms of the theory of existence proves that Islamic law actually become a source of material for the rule of law in Indonesia legislation with some form as the provisions of the theory. The fact is solely to respond to the development of science and the progress of time. This paper is focused on the formulation of the Bill Criminal Code provisions on the crime of adultery, and highlights the contribution of Islamic criminal law against him. From the search for the sources are found, that the formulation of the crime of adultery in the Draft Bill is found that that provision is derived from the Islamic legal code that is submitted through the results of a seminar held Islamic jurists. This fact proves that Islamic law becomes material for the formation of a national law. It can be concluded that Islamic law be a source of national law.
Analisis Gharar Dalam Jual Beli Limbah Tambang Emas Di Kecamatan Muarasipongi Kabupaten Mandailing Natal Fitri Nuri Aswari; Zul Anwar Ajim Harahap; Sawaluddin Siregar
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7902

Abstract

This study examines gharar in the sale and purchase of gold mine waste in Muarasipongi District, Mandailing Natal Regency in terms of Fiqh Muamalah. This research is a field research with a qualitative approach. The data obtained using primary data, namely data obtained from the village government, sellers (owners of galundung machines) and buyers. To complete this research, the author also uses secondary data, namely references such as books, journals, and related documents. Data collection is done by observation, interviews, and documentation. The data analysis technique is descriptive qualitative. The results of this study indicate that the sale and purchase of gold mining waste should be able to provide benefits to both buyers and sellers. However, when the buyer reprocesses the waste there is no gold content in it, because basically the seller does not know at all about the quality, quantity, or level of gold contained in the waste. So the buyer feels very disadvantaged due to the unclear object he bought. The sale and purchase of gold mining waste carried out by the people of Muarasipongi District, Mandailing Natal Regency is not valid because it contains gharar and does not meet the terms and conditions stipulated in the fiqh muamalah.
Marriage Without the Consent of One of the Parents in the Perspective of Islamic Family Law Zul Anwar Ajim Harahap
al-Afkar, Journal For Islamic Studies Vol. 8 No. 3 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i3.1631

Abstract

Marriage without the consent of one parent is a complex phenomenon in Islamic family law, raising a variety of legal, social, and cultural questions. In this context, the role of the guardian as a determinant of marriage consent is crucial, because the guardian is responsible not only to protect the interests of the bride-to-be, but also to ensure the validity of the marriage law. However, in practice, there are variations in interpretation among Islamic schools regarding the necessity of guardian consent, creating challenges in the consistency of universal application of Islamic family law. The issue also highlights the conflict between the individual's right to choose his or her own life partner and the social and traditional expectations that require parental consent. This study aims to investigate the legal, social, and psychological implications of marriage without the consent of one parent in the context of Islamic family law, as well as to explore the role of religious courts in resolving disputes that arise.
Co-Authors Ahmad Sainul Elisa Rizky Siregar Fitri Nuri Aswari Mahmud Fauzi Nuraisyah Nuraisyah Pauziah Nur Lubis Rahman Zulfadli Lubis Sawaluddin Siregar Siregar, Dame SITI NURKHADIJAH Siti Ombun Harahap