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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

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

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

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

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

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

Assessing Criminal Penalties in Marriage Law: a Comparative Study of Policy Frameworks within Indonesian and Malaysian Legislation Sirait, Adi Syahputra; Harahap, Nurhotia; Hidayat, Taufik; Harahap, Risalan Basri
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11208

This article examines the policy on criminal sanctions in Islamic marriage law in Indonesia and Malaysia, focusing on a comparative analysis between the two countries. The main objective of this study is to understand how both countries, with their Muslim-majority populations, formulate and apply criminal sanctions in cases of violations of Islamic marriage law. This research employs a library research methodology. The primary sources of data for this study include Law No. 1 of 1974, the Compilation of Islamic Law, the Federal Territories Islamic Family Law Enactment, and Islamic law. The findings of this study indicate that although Indonesia and Malaysia share a common foundation in Sharia law, there are significant differences in the application of criminal sanctions related to Islamic marriage. In Indonesia, the policy on criminal sanctions is more influenced by the secular national legal system, while in Malaysia, Sharia law plays a more dominant role in the state judiciary system. The review of Islamic law related to the application of criminal sanctions for violations of marriage laws remains weak in its implementation. Therefore, stricter sanctions should be established for violators to provide a significant deterrent effect. This approach aligns with al-Ghazali's concept of maslahah, which prioritizes good and avoids harm (mafsadah).

Tradisi Kenduri Laut Masyarakat Pantai Barus: Penetrasi Nilai-Nilai Sufistik-Islam dan Modernitas dalam Perspektif Hukum Islam Ahmatnijar; Risalan Basri Harahap; Puji Kurniawan
JOM Vol 6 No 1 (2025): Indonesian Journal of Humanities and Social Sciences, March
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/ijhass.v6i1.7042

This article aims to examine the tradition of sea feasts on Barus Beach, because this tradition is a cultural heritage that is firmly rooted in the lives of coastal communities as a form of expression of gratitude to Allah SWT for marine products and prayers for the safety of fishermen. Along with the development of the times, this tradition has experienced dynamics due to the penetration of Sufistic-Islamic values mixed with local culture and the influence of modernity that changes people's perspective on religious practices. This study uses a qualitative method with a descriptive-analytical approach, with data collected through literature studies, participatory observations, and in-depth interviews with religious leaders, traditional actors, and local communities. The results of the study show that the Sea Kenduri has a sufistic element that is reflected in the practice of dhikr, prayer, and tahlil, which is rooted in the teachings of the tariqat that developed in Barus. From the perspective of Islamic law, this tradition can be categorized as 'urf sahih as long as it does not contain elements that are contrary to the principle of monotheism. However, modernity brings challenges in the form of shifting values among the younger generation, which increasingly questions the relevance of this ritual in the context of contemporary Islam. Therefore, it is necessary to reconstruct this tradition so that it remains in harmony with sharia values without losing the essence of culture and spirituality that has long been inherent in the lives of the people of Barus Beach.

Penetapan Sanksi Qishas Terhadap Tindak Pidana Main Hakim Sendiri Dalam Perspektif Hukum Pidana Islam Batu Bara, asmiah; Nasution, Muhammad Arsad; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9563

The problem in this study is regarding vigilante sanctions in the perspective of Islamic criminal law. Because there are no regulations or laws governing vigilante sanctions. This type of research is field research using normative legal and empirical legal approaches. The data source for this research comes from primary data and secondary data. The primary data source is the Investigator from the Criminal Investigation Unit of the Mandailing Natal Resort Police and the secondary data source is books, data, journals and documents. The data collection technique used consisted of interviews, observation, and documentation. Data analysis techniques were descriptive qualitative. The results of this study are that the vigilante sanction in the Mandailing Natal Resort Police area has already been stipulated in accordance with Article 170 of the Criminal Code, but in terms of implementation it has never been carried out because the Resort Police considers that the victim of vigilantism is usually because he was the perpetrator of a previous crime, so the perpetrator is considered as an enemy of society as well. Vigilance in Islamic criminal law already has provisions in which the vigilante is subject to qishas sanctions, but if the victim's family forgives the perpetrator, the sanction is replaced with a diyat.

Maqashid Ash-Sharia Principles In Child Protection Harahap, Riska Harnysah; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i4.5945

Maqashid Asy- Sharia aims to realize the benefit of man in the world and the hereafter. The principle of Maqashid Asy- Sharia consists of maintaining religion (hifzh al-din), nurturing the soul (hifzh al- nafs), Protection of reason (hifzh al-aql), nurturing offspring (Hifzh al-nasl) and maintaining property (hifz al-mal). The formulation of the problem from this study is how the concept of child protection in Law No. 35 of 2014 concerning Child Protection and How the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The purpose of this study is to find out how the concept of protection of children in Law No. 35 of 2014 concerning Child Protection andTo find out how the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The theory used in this study is a theory related to the principle of Maqashid Asy- Sharia in law no. 35 of 2014 concerning. Furthermore, the type of research used is library research, using a normative juridical approach. The results of the research obtained, namely, freedom to practice religion, are contained in article 6 of Law No. 35 of 2014, namely that every child has the right to worship according to their religion, thinking, and expression in accordance with their level of intelligence and age under the guidance of parents or guardians.It is found in (hifzh al-din maintains Religion. Children are a generation that needs to be given religious education so that they have a basic foundation in everyday life. Childcare is contained in article 7 of Law No. 35 of 2014, namely parents and families are responsible for nurturing, maintaining, educating, and protecting children. It is called (hifzh al- nafs). The protection of education is contained in article 9 of Law No. 35 of 2014 concerning child protection, namely that every child has the right to obtain education and teaching in order to develop his personality and his level of intelligence with his interests and talents is hifzh al -aql.

Perspektif Hukum Pidana Islam Terhadap Tanggung Jawab Pemilik Ternak Harahap, Ain Zahrona; Habibi, Habibi; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13133

The problem in this study is the responsibility of livestock owners for damage caused by their livestock, in (Sobar Village, Padang Bolak Julu District). Basically, everyone who owns and maintains livestock has full rights and obligations towards their livestock, for the damage caused by these livestock. In the case of damage caused by livestock, the owner of the livestock is obliged to provide compensation to the aggrieved party. This is in accordance with the positive law contained in article 1368 of the Civil Code and in Islamic law contained in surah Al-Baqarah verse 205 and the same is the case with the Perdes village of Sobar. The research method used is field research with a qualitative approach. Data sources consist of primary data, namely the Sobar village community and village officials, while secondary data, namely laws and journals related to the problems discussed in this study. Data collection techniques using interviews and documentation with qualitative descriptive data analysis techniques. The results of the study show that the responsibility of the livestock owner to the injured person is obligatory to compensate based on the agreed rules, but if livestock enter/damage the land but there is no responsibility for the livestock owner, then the land owner has the right to the livestock, because it is compensation from livestock that damage the land. However, in terms of compensation, there are obstacles that are often encountered, namely it is not known for sure who owned the livestock that caused the damage, there is no recognition from livestock owners because they are afraid of compensation. What can be done by landowners to be held accountable for losses caused by livestock through village officials so that they are more assertive in implementing applicable regulations, and specifically make identification marks for each livestock.

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