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UANG PANGOLAT (TEBUSAN) DALAM PERKAWINAN MASYARAKAT TOBING JULU Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 1 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i1.1433

Abstract

There are habits that have been hereditary done in the implementation of marriage in society of Tobing Julu.That is giving money Pangolat (ransom), by the male (groom) to the “anak namboru” (anak namboru: a man who can marry a woman),which isrequsted by  “anak namboru” at the time of leavingwoman from her home to her husband's home. The ordinance of this request is done by inhibiting the two brides outside the yard of  woman’s house by preparing a seat and a drink, then invite the two brides to sit together, at the time they will enjoy the drinks that have been provided. But if it is seen and observed in the implementation of customs about money pangolat (ransom) committed by the community has largely deviated from the actual customary provisions. Based on that, the money pangolat (ransom) in the implementation of marriage in Tobing Julu Kec Huristak Padang Lawas District has done in accordance with the provisions of the actual and it is not contrary to Islamic law, then the law is allowed or ‘urf saheeh. On the contrary, if the execution of the pangolat money (ransom) has deviated from the true customary provisions, then the law is included in the fasid or rejected ‘urf
Penarikan Hibah Dalam KUH Perdata Dengan KHES Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 2 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i2.2081

Abstract

Grants are allies that are given by people to others for free without any compensation. Granting grants to others can be done by anyone, whether he is a relative or someone who is not a relative. However, these grants are usually given by the closest people who are related by family, whether they are from the lineage or because of association or colleagues. Grants that are given sometimes contain various problems or people who give grants feel sorry for the gifts they do, so in the future there is an intention to withdraw the grants that have already been given. Such a thing has rules that explain it both in the Civil Code and in the KUHE. Based on the results of the analysis of the writer that in the Civil Code about the provisions of the amount of grant assets there is no maximum limit set, only emphasizes that not to reduce the absolute part (legitiemeportie) for the legitimate. Meanwhile, according to the Sharia Economic Law Compilation, the limit on the amount of grant assets is only 1/3 of the donor's assets, if it exceeds the provisions, the grant recipient must return the excess. Withdrawal of assets that have been donated in the Civil Code is not permitted except for three reasons, namely: first, because the conditions for granting are not fulfilled, second, because the recipient of a mistake has made a mistake with the intention of committing or helping to commit a crime, third, because the recipient of the grant refuses provide subsistence allowance after falling into poverty. While the withdrawal of assets that have been granted in KHES is permitted, namely parent grants to children, but the withdrawal of grants to others is not permitted.
ANALISIS KRITIS PERAN DALIHAN NATOLU DALAM PERKAWINAN MASYARAKAT BATAK ANGKOLA TAPANULI SELATAN Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 1 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i1.1718

Abstract

The marriage law of the Batak Anagkola community of South Tapanuli regulates the role of Dalihan Natolu. The role of Dalihan Natolu is something that cannot be separated in the social life within the Batak Anagkola indigenous community of South Tapanuli. In a legitimate marriage, Dalihan Natolu has outlined and stipulated detailed rules and regulations regarding various social relations between husband and wife, between parents and siblings from each bride, as well as with boru and hula hula from each of them. -either party. The issues to be discussed in this paper are about the application of the Dalihan Natolu principle in the traditional Anagkola Tapanuli Batak customary law, as well as the role of Dalihan Natolu in the process of resolving the marital problems of the Anagkola Batak people in South Tapanuli. In the life of the Anagkola South Tapanuli Batak indigenous people, the Dalihan Natolu principle is very concerned with the collaboration between the roles of the Dalihan Natolu elements themselves, namely dongan tubu, hula-hula, and boru. This is also inseparable from Dalihan Natolu's proverb which says somba marhula-hula, manat mardongan tubu, and elek marboru because it contains a meaning that is profound and must be done if you want to prosper your life. In the Anagkola South Tapanuli Batak indigenous people, the customary leader in the Anagkola South Tapanuli Batak Indigenous community association or organization which adheres to the Dalihan Natolu principle can be said to be a mediator in resolving a marital problem, because the adat leader becomes the party involved between parties the conflict to then resolve the problem between the two troubled parties, where the peaceful solution is prioritized so that it does not drag on problems that result in a divorce.
UANG PANGOLAT (TEBUSAN) DALAM PERKAWINAN MASYARAKAT TOBING JULU Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 1 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i1.1433

Abstract

There are habits that have been hereditary done in the implementation of marriage in society of Tobing Julu.That is giving money Pangolat (ransom), by the male (groom) to the “anak namboru” (anak namboru: a man who can marry a woman),which isrequsted by  “anak namboru” at the time of leavingwoman from her home to her husband's home. The ordinance of this request is done by inhibiting the two brides outside the yard of  woman’s house by preparing a seat and a drink, then invite the two brides to sit together, at the time they will enjoy the drinks that have been provided. But if it is seen and observed in the implementation of customs about money pangolat (ransom) committed by the community has largely deviated from the actual customary provisions. Based on that, the money pangolat (ransom) in the implementation of marriage in Tobing Julu Kec Huristak Padang Lawas District has done in accordance with the provisions of the actual and it is not contrary to Islamic law, then the law is allowed or ‘urf saheeh. On the contrary, if the execution of the pangolat money (ransom) has deviated from the true customary provisions, then the law is included in the fasid or rejected ‘urf
Penarikan Hibah Dalam KUH Perdata Dengan KHES Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 2 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i2.2081

Abstract

Grants are allies that are given by people to others for free without any compensation. Granting grants to others can be done by anyone, whether he is a relative or someone who is not a relative. However, these grants are usually given by the closest people who are related by family, whether they are from the lineage or because of association or colleagues. Grants that are given sometimes contain various problems or people who give grants feel sorry for the gifts they do, so in the future there is an intention to withdraw the grants that have already been given. Such a thing has rules that explain it both in the Civil Code and in the KUHE. Based on the results of the analysis of the writer that in the Civil Code about the provisions of the amount of grant assets there is no maximum limit set, only emphasizes that not to reduce the absolute part (legitiemeportie) for the legitimate. Meanwhile, according to the Sharia Economic Law Compilation, the limit on the amount of grant assets is only 1/3 of the donor's assets, if it exceeds the provisions, the grant recipient must return the excess. Withdrawal of assets that have been donated in the Civil Code is not permitted except for three reasons, namely: first, because the conditions for granting are not fulfilled, second, because the recipient of a mistake has made a mistake with the intention of committing or helping to commit a crime, third, because the recipient of the grant refuses provide subsistence allowance after falling into poverty. While the withdrawal of assets that have been granted in KHES is permitted, namely parent grants to children, but the withdrawal of grants to others is not permitted.
BATASAN HAK SUAMI DALAM MEMPERLAKUKAN ISTRI SAAT NUSYUZ Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3432

Abstract

Nusyuz is a conception of classical law of the past, what we inherit not only as part of the Islamic thought tradition has even been codified as a standard rule of law. This is reflected in the existence of several rights of the husband in cracking down on the wife who is oblivious without clear boundaries. Whereas for the wife almost has no room to defend themselves and their rights before the law in a balanced manner. Therefore, in this study as well as legal research in general, the approach used is doctrinal research in order to find the principle or doctrine of positive law that applies in relation to the problem under study, in the form of opinions and ideas from legal experts regarding boundaries. the limitation of the husband's right to treat his wife who is infamous. Then describe it in general, classify it and analyze it critically using inductive reasoning. This is because in every discussion of the issue of nusyuznya the wife often forgets the basic principle or principle as a parameter in granting restrictions on the rights and authority of the husband over the wife. Like the principle of the pattern of relations between husband and wife in Islam, the purpose of sanctions and also in seeing the legal substance of the actions of Nusyuz itself, both in terms of quality, quantity and things that trigger the problem. Nusyuz's legal issues often have a negative impact on the position of women, and can even be one of the triggers of violence against them.
JAMAAH TABLIGH, SEBUAH FENOMENA ANTARA DAKWAH DAN KELUARGA Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i1.3812

Abstract

Berdakwah dalam Iastilah jamaah tabligh atau (Khuruj) merupakan perjalanan dakwah dalam bilangan waktu yang lama secara istiqomah membutuhkan pengorbanan materi saja, namun immateri. Sebagai contoh, ketika seorang karkun (karyawan Alquran; istilah Bagi Anggota Jamaah Tabligh) menyambut takaza (setelah nisabnya sampai) untuk khuruj selama 40 hari, secara sistematis ia akan meninggalkan keluarga selama 40 hari tersebut, itu artinya ia harus membutuhkan pengorbanan terhadap keluarga yang ditinggalkan, yakni pembinaan dan pemeliharaan kesejahteraan keluarga dalam bentuk nafkah secara lahir maupun batin. Nafkah dalam pengertian luas tak hanya dalam bentuk materi (sandang, pangan, papan) namun juga berupa kebutuhan keluarga akan rasa kasih sayang, penghargaan, perlindungan ataupun kebutuhan biologis seorang istri dan lain sebagainya
HAK SUAMI DAN BATASANNYA DALAM MEMPERLAKUKAN ISTRI SAAT NUSYUZ Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i2.1431

Abstract

Nusyuz is a conception of classical law of the past, what we inherit not only as part of the Islamic thought tradition has even been codified as a standard rule of law. This is reflected in the existence of several rights of the husband in cracking down on the wife who is oblivious without clear boundaries. Whereas for the wife almost has no room to defend themselves and their rights before the law in a balanced manner. Therefore, in this study as well as legal research in general, the approach used is doctrinal research in order to find the principle or doctrine of positive law that applies in relation to the problem under study, in the form of opinions and ideas from legal experts regarding boundaries. the limitation of the husband's right to treat his wife who is infamous. Then describe it in general, classify it and analyze it critically using inductive reasoning. This is because in every discussion of the issue of nusyuznya the wife often forgets the basic principle or principle as a parameter in granting restrictions on the rights and authority of the husband over the wife. Like the principle of the pattern of relations between husband and wife in Islam, the purpose of sanctions and also in seeing the legal substance of the actions of Nusyuz itself, both in terms of quality, quantity and things that trigger the problem. Nusyuz's legal issues often have a negative impact on the position of women, and can even be one of the triggers of violence against them
ANALISIS KRITIS PERAN DALIHAN NATOLU DALAM PERKAWINAN MASYARAKAT BATAK ANGKOLA TAPANULI SELATAN Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 1 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i1.1718

Abstract

The marriage law of the Batak Anagkola community of South Tapanuli regulates the role of Dalihan Natolu. The role of Dalihan Natolu is something that cannot be separated in the social life within the Batak Anagkola indigenous community of South Tapanuli. In a legitimate marriage, Dalihan Natolu has outlined and stipulated detailed rules and regulations regarding various social relations between husband and wife, between parents and siblings from each bride, as well as with boru and hula hula from each of them. -either party. The issues to be discussed in this paper are about the application of the Dalihan Natolu principle in the traditional Anagkola Tapanuli Batak customary law, as well as the role of Dalihan Natolu in the process of resolving the marital problems of the Anagkola Batak people in South Tapanuli. In the life of the Anagkola South Tapanuli Batak indigenous people, the Dalihan Natolu principle is very concerned with the collaboration between the roles of the Dalihan Natolu elements themselves, namely dongan tubu, hula-hula, and boru. This is also inseparable from Dalihan Natolu's proverb which says somba marhula-hula, manat mardongan tubu, and elek marboru because it contains a meaning that is profound and must be done if you want to prosper your life. In the Anagkola South Tapanuli Batak indigenous people, the customary leader in the Anagkola South Tapanuli Batak Indigenous community association or organization which adheres to the Dalihan Natolu principle can be said to be a mediator in resolving a marital problem, because the adat leader becomes the party involved between parties the conflict to then resolve the problem between the two troubled parties, where the peaceful solution is prioritized so that it does not drag on problems that result in a divorce.
AZAN DALAM MELEPAS PENGANTIN PEREMPUAN DIKALANGAN MASYARAKAT KEC. HURISTAK KAB. PADANG LAWAS Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 1 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i1.2508

Abstract

This paper is an attempt to find out people's perceptions of the call to prayer in the departure of the bride in the Huristak district of Padang. The question that the author wants to answer is how is the public perception of the call to prayer in the departure of the bride in the community of Huristak district. What is the reason for the call to prayer in the departure of the bride in the Huristak district of Padang Padang.From the author's analysis, it can be concluded that the call to prayer in the departure of the bride in the community of the Huristak district of Padang Padang is aimed at informing the general public that the bride and groom will be dispatched to the groom's house, in accordance with the function of the call to prayer in the prayer namely to call on the people, then in the departure of the bride too, too.The community's reason for announcing the call to prayer in the departure of the bride is that it is not the texts that govern it both in the Qur'an and the hadiths but rather only the tradition that develops in the community because the function of the call to prayer is to cry out in the implementation