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All Journal Taqnin: Jurnal Syariah dan Hukum Journal of Law, Poliitic and Humanities Journal of Student Research Jurnal Kajian dan Penelitian Umum IIJSE Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Pengabdian Masyarakat dan Riset Pendidikan Tabayyun : Journal of Islamic Studies Tabayyanu : Journal of Islamic Law Fatih: Journal of Contemporary Research Mesada: Journal of Innovative Research Albayan : Journal of Islam and Muslim Societies
Muhammad Amar Adly
Unknown Affiliation
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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DISCOURSE OF WASIAT WAJIBAH IN REVIEW OF ISTINBATH ISLAMIC LAW Watni Marpaung; Muhammad Amar Adly
TAQNIN: Jurnal Syariah dan Hukum Vol 4, No 1 (2022): Januari-Juni 2022
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v4i1.11985

Abstract

This paper will explain the concept of wasiat wajibah will in review of istinbath Islamic law. The presence of the wasiat wajibah will which is one of the characteristics of Indonesian Islamic law contained in the Compilation of Islamic Law (KHI) is important. Tracing on classical fiqh and Islamic law istinbat methods is a way to legally place a wasiat wajibah will
Analysis of Islamic Inheritance Law on the Distribution of Women’s Inheritance Dewiyanti Rambe; Muhammad Amar Adly; Khalid Khalid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economic: November, 2023
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

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Abstract

This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women. Keywords: Inheritance Division, Islamic Inheritance Law, Women This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women.
Dalil Dalil Hukum Thalaq Rahmadhani Simatupang; Muhammad Amar Adly; Heri Firmansyah
Jurnal Kajian dan Penelitian Umum Vol. 3 No. 1 (2025): Jurnal Kajian dan Penelitian Umum
Publisher : Institut Nalanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47861/jkpu-nalanda.v3i1.1536

Abstract

This research Divorce being a way to solve conflict in the household. Then, Islam came to bring down the Qur’an as guidelines and learness for Moslem, even though some of them have problems with the language. Now, there are interpretation works from past and contemporarych will discuss about how Islam pay attention on woman side that plenty be aggrieved before Qur’an came down. It prevent the disadvantage can not happen in the divorce and know the solution that given by Surah aṭ-Ṭalāq ayat 1-7 with used Al-Mishbah interpretation in M. Quraish Shihab related to the problems that happen in society. From this research, interpretations from Quraish Shihab discuss talak laws that are described in detail from vocabulary aspect until opinion of other ulama. One of them is ‘iddah and Talak terms that are considered in menstrual and pregnant periods of a wife. According to the writer, the step that can be taken is to become more selective in choosing a husband or wife partner. Although this is known to be hard to do because of the possibility of divorce later, at least it can be a form of prevention.
Etika dan Hukum Pernikahan dalam Islam: Panduan Menuju Pernikahan yang Harmonis Indah Amani Lubis; Nurmala Dewi Lubis; Muhammad Amar Adly; Heri Firmansyah
Journal of Student Research Vol. 3 No. 3 (2025): Journal of Student Research
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jsr.v3i1.3598

Abstract

Marriage in Islam is not only seen as a socially legitimate bond, but also as a part of deep worship. The process towards marriage begins with engagement, which contains various ethical and legal values that must be considered by both parties. This article aims to examine the ethics and laws related to engagement in Islam, with a focus on the procedures for engagement, the rights and obligations of prospective husband and wife, and legal views on physical and social attachment during the engagement period. This study concludes that although engagement is not legally binding like marriage, there are moral and social rules that must be respected, including maintaining the honor and boundaries of interaction between prospective husband and wife. This article also highlights the importance of understanding the rights and obligations of each party during the engagement period, which can lead to a sacred and harmonious marriage.
Kaidah yang Berkaitan dengan Talak Muhammad Saputra; Muhammad Amar Adly; Heri Firmansyah
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2598

Abstract

The purpose of this study is to explore and understand the various rules of Islamic jurisprudence related to divorce, and how to apply these rules in problems related to divorce. This study uses a library research approach. The results of the study indicate that divorce should be imposed based on valid reasons and lead to the need to separate. Imposing divorce without a clear reason can result in sin for the husband. In addition, the valid requirements for divorce are that the husband who makes it must be mature and of sound mind, so that he can be responsible for the decision. This study examines four main rules of Islamic jurisprudence related to the law of divorce in Islam, namely: first, divorce cannot be separated and falls according to the number mentioned, second, the place where the divorce falls is where the marriage bond occurs, third, the law of divorce follows the nature that is coupled with the number so that the number of divorces is in accordance with what is mentioned, and fourth, even though divorce is said to be related to the past, the law of its fall still applies when the words are pronounced as well as examples and exceptions. This study uses a literature study method with analysis of the Qur'an, Hadith, and the opinions of classical and contemporary scholars. The results of the study confirm that these rules are very important in determining the validity, time of divorce, and its legal implications, thus providing legal certainty for married couples in Islamic households. The purpose of this study is to explore and understand the various Islamic jurisprudence rules related to divorce, as well as how to apply these rules in problems related to divorce. This study also aims to analyze the relevance and legal implications of these rules in the practice of Islamic family law, in order to provide a comprehensive understanding and legal certainty for Muslims in living their household life.
Kaidah Fiqhiyyah dan Aplikasinya dalam Hukum Keluarga Tentang Radha’ah (Menyusui) andi_89, heri; Muhammad Amar Adly; Firmansyah, Heri; Rahmad Hidayat
Tabayyun : Journal Of Islamic Studies Vol. 3 No. 02 (2025)
Publisher : Tabayyun : Journal Of Islamic Studies

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Abstract

This study investigates the Islamic legal principles governing radha’ah (breastfeeding) and its implications in family law, particularly in defining mahram (non-marriageable kinship) relationships. Rooted in classical and contemporary Islamic jurisprudence, this qualitative, library-based research identifies the foundational legal maxims: “What is prohibited by lineage is also prohibited by breastfeeding,” “The husband’s milk is the cause of prohibition,” and “Nutrition is the legal cause (‘illah) of prohibition in breastfeeding.” The study emphasizes that radha’ah establishes a familial bond equivalent to nasab (bloodline) and is effective when a child under two years of age is breastfed at least five times. Using sources such as the Qur’an, Prophetic traditions, juristic consensus (ijma’), and classical texts from various madhahib (schools of thought), the research reveals that both the breastfeeding woman and her husband (as the source of the milk) establish mahram ties with the breastfed child. Furthermore, it underscores the biological basis of Islamic rulings by demonstrating that nutritional transmission through milk forms the basis for legal prohibition, reflecting the maqāṣid al-sharī‘ah (objectives of Islamic law). This work offers vital insight into the intersection of biological function, legal normativity, and socio-religious ethics in Islamic family jurisprudence.
Responsibility of Transportation Business Actors for Passenger Losses from a Maslahah Perspective (Case Study of PT. Barumun, Padang Lawas) M. Syafii Nasution; Muhammad Amar Adly
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.929

Abstract

One of the barometers determining the progress of life and civilization of a society is the progress and development of information and technology activities used by the community in transportation activities. This study aims to determine the losses suffered by passengers due to the negligence of the bus company and the liability of transportation business actors for passenger losses with a focus on the Maslahah perspective. The research used is empirical juridical research with a Living Case Studies Approach and Conceptual Approach. Data is collected by interview and document study methods. Then the data is processed and analyzed with qualitative methods. The results of this study indicate that the responsibility of PT Barumun for the operation of buses that cause losses to passengers in terms of security, comfort, and safety of passengers and their luggage. In the maslahah perspective, the bus company's responsibility for passengers who suffer losses can be done by replacing all losses arising from the operation of the bus in accordance with applicable regulations so as to create benefits for all passengers who want to travel short or long distances by using PT. Barumun bus services.
Implementasi Kaidah "Al-Yaqīnu Lā Yuzālu bi al-Syak" dalam Perspektif Fikih Keluarga Rima Rahmayani Tanjung; Muhammad Amar Adly; Firmansyah, Heri
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 01 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

This article examined the application of the Islamic legal maxim al-yaqīnu lā yuzālu bi al-syak (“certainty is not overruled by doubt”) within the framework of family law. It analyzed how this principle has been interpreted and applied in resolving legal issues such as divorce (ṭalāq), maintenance (nafaqah), and legal certainty in marital relationships. Employing a qualitative, descriptive-analytical method, the study drew upon both classical Islamic jurisprudential sources—such as those authored by al-Qarāfī, al-Suyūṭī, and al-Nawawī—and contemporary legal scholarship. The analysis was grounded in the methodology of qawāʿid fiqhiyyah (Islamic legal maxims), supported by textual sources (the Qur’an and Hadith), consensus (ijmāʿ), and rational arguments. The findings demonstrated that the maxim plays a pivotal role in maintaining legal stability by ensuring that established certainties are not invalidated by subsequent doubts. Moreover, the study identified several exceptions to the maxim's applicability, particularly in ambiguous or multi-interpretable cases, revealing the principle's flexibility and relevance in modern legal contexts.
Kaidah Fiqhiyyah  Yang Berkaitan Tentang Hadhanah Dahanum, Wani; Muhammad Amar Adly; Heri Firmansyah
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 01 (2025)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

This paper aims to examine kaidah fiqhiyyah (the principles) regarding hadhanah (child custody). The discussion covers the definition, meaning, legal basis, and application of these principles in Islamic family law concerning hadhanah issues. This article also explores certain conditions that constitute exceptions to the main principles under discussion. The research employs a normative juridical method with a literature study approach. It analyzes primary legal sources such as the Qur’an and Hadith, classical Islamic legal texts, and statutory regulations. Secondary legal sources are also utilized, including scholarly journals, legal literature, and electronic media. The findings of this study indicate that based on the examined fiqhiyyah principles, it can be concluded that from the perspective of Islamic law, child custody is prioritized to the mother and her side of the family. This is because the mother plays a dominant role in providing affection and care for the child.
Kajian Klasifikasi Wanita yang Haram Dinikahi Persfektif Al-Qur’an dan Hadits: Penelitian Anna Muwaffika; Muhammad Amar Adly; Heri Firmansyah; Taufikh
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 1 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 1 (Juli 2025 -
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

Kaidah dari Muharramat (wanita yang haram dinikahi) ini termasuk dalam bagian dari pembahasan Pernikahan, tulisan ini bertujuan untuk mengetahui mengenai kaidah-kaidah wanita yang haram dinikahi. Dalil yang menyebutkan mengenai asal kaidah ini, contoh kaidah yang terdapat didalamnya dan bagaimana pengecualian kaidah tersebut. Penelitian ini bertujuan untuk mengkaji kaidah fikih yang menjadi dasar pelarangan tersebut, serta menjelaskan klasifikasi perempuan yang haram dinikahi secara temporer dan permanen. Penelitian ini merupakan penelitian kepustakaan (library research) karena terdapat dalam kajian pustaka, dimana penulis mencakupkan teks-teks kitab fiqh. Kesimpulan yang dapat di uraikan dalam penelitian ini adalah mengenai larangan menikahi dua wanita dalam satu nasab atau bersaudara. Hasil kajian menunjukkan bahwa pelarangan menikahi perempuan tertentu dapat dikelompokkan menjadi dua: haram secara mu’abbad (permanen) seperti mahram karena nasab dan penyusuan, dan haram secara muaqqat (sementara) seperti perempuan dalam masa iddah atau istri orang lain. Kaidah-kaidah fikih yang digunakan memberikan dasar rasional dan sistematis dalam menetapkan hukum tersebut, sehingga bersifat adaptif namun tetap berlandaskan syariat.
Co-Authors andi_89, heri Anna Muwaffika Dahanum, Wani Dewiyanti Rambe Heri Firmansyah Indah Amani Lubis Khalid Khalid M. Syafii Nasution Muhammad Saputra Nurmala Dewi Lubis Rahmadhani Simatupang Rima Rahmayani Tanjung Sulastri Daulay Taufikh Watni Marpaung Zainul Aziz Nasution