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Language Disorders and an Islamic Perspective Harahap, Muhammad Parwis Halim; Aziz Siregar, Fatahuddin; Rasyid, Arbanur; Angraini Lubis, Anita
Jurnal Hata Poda Vol 3, No 1 (2024)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/hatapoda.v3i1.11544

Abstract

This article examines language disorders and how the Islamic perspective views them. It is extraordinary that Islam contains all fields of science, and especially linguistics in the focus of this article. Islam does not only focus on studying religious issues but concerns all elements of life, including science. Therefore, this article was written based on the extraordinary nature of Islam in regulating everything.Data processing techniques in research are, by observing, reviewing, recording and collecting relevant data that is in accordance with the object of study in this research. In the use of verbal communication, each of us is equipped with language skills, but these abilities are not always the same, some are normal and some are abnormal. Not only opinions about the relationship between language and thought are discussed by Psycholinguistics/Neurolinguistics experts, religious perspectives also analyze and participate in the study of language and thought. When viewed from a religious perspective, the study of language and thought which was then based on the revelation of the Qur'an led to different interpretations of the meaningful content with the insights of experts from each period. Keywords: Language Disorders, Neurolinguistics, Islamic Perspective
Inheritance in the Mandailing Community: Value Changes from a Legal Culture Perspective Putra Halomoan Hsb; Fatahuddin Aziz Siregar; Suud Sarim Karimullah
Nurani Vol 25 No 1 (2025): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v25i1.24870

Abstract

This study explores the concept of marbagi dos in relation to the changing inheritance practices of the Mandailing community, viewed through the lens of legal culture. Marbagi dos, which literally means equal in the Mandailing indigenous people, has traditionally had a very important social dimension and equality. The type of research methodology used in this study is qualitative with a descriptive approach. The research data was obtained through interview techniques and participatory observation. In-depth interviews will be carried out with traditional leaders, scholars, and community members who play a direct role in the inheritance process. Using a legal culture approach, this study analyzes how the changes in values in Mandailing society are influenced by Islam which has implications for changes in inheritance practices in Mandailing, as well as how the community balances customary traditions with modern equality demands. The results of the study show that this inheritance transformation is a reflection of the adaptation of the Mandailing people to social changes, while maintaining cultural values within the framework of customary law. The implications of this study suggest that customary law is dynamic and capable of adapting to Islamic law and state law, highlighting the need for synergy between these three legal systems in crafting more inclusive policies.
Understanding The Rise of Childfree Marriage: Avoiding Toxic Family, Being Happy and Well Without Children Despite Contradiction With Maqashid al-Sharia Harahap, Ikhwanuddin; Siregar, Fatahuddin Aziz; Hariyanto, Erie
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.9984

Abstract

This research aims to understand the phenomenon of increasing childfree marriage as a contemporary social construction and analyze it from the perspective of maqashid al-sharia, especially related to the principle of progeny preservation in Islam. This study uses a descriptive qualitative approach with a field research method. Primary data was obtained through in-depth interviews with two married couples (four informants), each of whom committed to a child-free marriage. The data were analyzed thematically with an eminic and ethical approach, as well as interpretive-descriptive. Research has found that couples' decisions to marry without having children are based on a desire to achieve happiness and well-being throughout their life with their partner, as well as avoiding the creation of a toxic family. These internal factors are reinforced by external factors such as education, economy, and career. Research has also found that wives play a key role in these decisions regarding reproductive rights. From the perspective of Islamic law, although there is no explicit text prohibiting childfree marriage, maqashid al-sharia still emphasizes the importance of the sustainability of offspring. The childfree decision is a conscious choice of a married couple to pursue happiness and well-being without the presence of children, on the grounds of avoiding the potential for toxic families. In the Islamic view, childfree marriage falls within the territory of ijtihadiyyah which requires a legal approach based on maqashid al-sharia and 'illat analysis. Although this phenomenon is socially acceptable, normatively Islam still prioritizes the importance of offspring as part of the purpose of sharia.
Interreligious Marriages: Can Couples in Interfaith Marriages Live a Happy Life? Rasyid, Arbanur; Siregar, Fatahuddin Aziz
AHKAM : Jurnal Ilmu Syariah Vol 25, No 1 (2025)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v25i1.37317

Abstract

This article posits that families of interfaith couples (Muslims and Christianity/Catholicism) can achieve a state of happiness. Research data were obtained through in-depth interviews with married couples comprising one Indonesian and a British partner, aged between 25 and 40 years, residing in Indonesia and the United Kingdom, and representing diverse religious and cultural backgrounds The study revealed that the Islamic concept of sakīnah family embodies a totality of mercy (raḥmah) and love (mawaddah) inherently present in each couple's heart. The findings suggest that happiness in interreligious or interfaith marriages can be attributed to the profound love shared by the spouses. Love can develop and grow in a romantic, intimate, passionate, and committed relationship, provided there is a willingness to accept responsibility for maintaining it. Accordingly, these research findings may have implications for a new understanding of the sakīnah family, which, thus far, has been based upon the standard of couples having a common faith in a same-religion marriage. Nonetheless, further studies are needed to investigate whether couples in interfaith and interreligious marriages continue to lead happy lives in their old age.AbstrakArtikel ini menjelaskan bahwa keluarga pasangan beda agama (Muslim dan Kristen/Katolik) bisa mencapai kehidupan yang bahagia. Data penelitian diperoleh dari wawancara mendalam dengan pasangan dari latar belakang agama dan budaya yang berbeda berusia 25-40 tahun yang berasal dari Indonesia dan Inggris. Penelitian menemukan bahwa konsep keluarga sakinah dalam ajaran Islam adalah totalitas rahmat (raḥmah) atau cinta (mawaddah) yang ada dan melekat dalam hati setiap pasangan. Temuan penelitian menunjukkan bahwa kebahagiaan dalam hubungan suami istri dalam perkawinan beda agama dapat ditemukan karena besarnya rasa cinta yang dimiliki oleh pasangan tersebut. Cinta dapat tumbuh dan berkembang dalam suatu hubungan yang bersifat romantis, intim, penuh gairah dan komitmen serta kesediaan menerima tanggung jawab untuk menjaga hubungan. Dengan demikian, temuan penelitian ini memiliki implikasi pada pemahaman baru tentang keluarga sakinah, yang, sejauh ini, telah didasarkan pada standar pasangan yang memiliki keyakinan yang sama dalam pernikahan sesama agama. Meskipun demikian, studi lebih lanjut di masa depan diperlukan untuk mengamati apakah pasangan pernikahan beda agama dan antaragama masih menjalani kehidupan yang bahagia di usia tua mereka?
Contestation of Customary and Islamic Law: Mangupa and Tuor in Horja Ritual at Tapanuli Muslim Community Wedding Fatahuddin Aziz Siregar; Ibrahim Siregar; Suheri Sahputra Rangkuti
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 57 No 2 (2023)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v57i2.1330

Abstract

This article discusses the change from custom to sharia with contestation of discourse between culture and religion in the horja ritual at the wedding of the Tapanuli Muslim community. Horja rituals that were initially based on local customs and traditions have undergone significant changes due to the influence of Islam. This article analyzes how the contestation between tradition and religion occurs and affects cultural identity. This type of research uses qualitative research with an ethnographic approach. This ethnographic approach is used to see how strong cultural and religious practices are attached to the wedding horja ritual of the Tapanuli Muslim community. This study found that cultural and religious contestation in the marriage horja ritual of the Tapanuli Muslim community targeted two cultural contents, namely, mangupa and the determination of tuor (offering). The authority of religious figures who managed to seize the influence of society to create a change in culture, namely from custom to sharia. These changes include replacing cultural practices, mantras, and symbols with Islamic practices and prayers and emphasizing Islamic religious teachings and practices in marriage ceremonies, mangupa, and tuor (offering). Contestation between indigenous and religious leaders arose to maintain control over culture and spiritual values. In addition, the role of Islamic religious figures has also penetrated the cultural domain. Artikel ini membahas perubahan adat ke syari’at menggunakan pendekatan kontestasi wacana antara budaya dan agama dalam ritual horja pada pernikahan masyarakat Muslim Tapanuli. Ritual horja yang awalnya didasarkan pada adat dan tradisi lokal telah mengalami perubahan signifikan akibat pengaruh agama Islam. Artikel ini menganalisis bagaimana kontestasi antara tradisi dan agama berlangsung dan memengaruhi identitas budaya. Jenis penelitian ini menggunakan penelitian kualitatif dengan pendekatan etnografi. Pendekatan ini digunakan untuk melihat seberapa kuat praktik kebudayaan dan agama melekat pada ritual horja pernikahan masyarakat muslim Tapanuli. Penelitian ini menemukan bahwa kontestasi budaya dan agama dalam ritual horja perkawinan masyarakat muslim Tapanuli menyasar dua konten kebudayaan, yaitu mangupa dan penetapan tuor (seserahan). Otoritas tokoh agama yang begitu kuat berhasil merebut pengaruh masyarakat sehingga menciptakan perubahan dalam budaya, yaitu dari adat ke syari’at. Perubahan ini mencakup penggantian praktik, mantra dan simbol budaya dengan praktik dan doa-doa Islam serta penekanan pada ajaran dan praktik agama Islam khususnya pada konten mangupa dan tuor dalam horja pernikahan. Kontestasi antara tokoh adat dan tokoh agama muncul dalam upaya mempertahankan kendali atas budaya dan ajaran agama. Selain itu, peran tokoh agama Islam juga sudah merambah domain kebudayaan.
Sanksi Adat Dalam Tindak Pidana Perjudian Di Desa Gunung Hasahatan (Perspektif Hukum Pidana Islam) Siregar, Fitra Amalia; Siregar, Fatahuddin Aziz
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6204

Abstract

Gambling is to risk a certain amount of money or treasure in a guessing game based on chance, with the aim of obtaining an amount of money or treasure that is greater than the original amount of money or treasure. Gambling is regulated in Article 303 of the Criminal Code and the basis for the prohibition of gambling in Islamic Law is contained in the Qur'an surah al-Ma'idah verse 90. The formulation of the problem from this study is how customary sanctions in gambling crimes in Gunung Hasahatan Village, how to review Islamic Criminal Law against customary sanctions in gambling crimes in Gunung Hasahatan Village. The purpose of this study is to find out how customary sanctions in gambling crimes in Gunung Hasahatan village, to find out the review of Islamic criminal law against customary sanctions in gambling crimes in Gunung Hasahatan Village. The theories used in this study are theories related to gambling, gambling articles in the Criminal Code and gambling in Islamic Law. Furthermore, the type of research used is field research. The results of the research obtained that, customary sanctions in gambling crimes in Gunung Hasahatan Village, Padangsidimpuan Batunadua District, Padangsidimpuan City, were given included in the category of ta'zir law. As for the punishment has been determined by the Gunung Hasahatan Village Apparatus through the way of deliberation, the punishment of ta'zir is given because it is in accordance with the principles of ta'zir punishment in the Islamic Criminal Law. The punishment of ta'zir is a punishment that is left to the leader. Both its determination and its implementation. The punishment in Gunung Hasahatan Village has the same purpose or ideal as the ta'zir punishment, which is to make the perpetrator of the crime deterrent and will not repeat his actions again and become a lesson for others as a prevention in the occurrence of criminal acts and the realization of security, peace and tranquility.
Pengangkatan Perangkat Desa Dalam Hukum Islam Harianto, Bambang; Siregar, Fatahuddin Aziz; Harahap, Ikhwanuddin
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i6.4785

Abstract

The purpose of this research is to know implementation of Law Number 6 of 2014 concerning the appointment of village officials in Gapuk Tua Village, Marancar District, South Tapanuli Regency in 2016, and a review of Islamic law on the implementation of Law Number 6 of 2014 concerning the appointment of village officials in Gapuk Tua Village. Marancar District, South Tapanuli Regency. The method used is a descriptive qualitative research method. The technique of collecting data in this research is through interviews, and observations. The results of this study concluded that the appointment of the Gapuk Tua Village Apparatus, Marancar District, South Tapanuli Regency as the implementation of Law Number 6 of 2014 concerning the appointment of village officials has not been fully implemented due to the lack of Village Apparatus requirements contained in the Act. The appointment of village officials through a process of direct appointment by the Village Head without an election process and deliberation with the residents and village officials. This is because there is an element of kinship between the village head and village officials. The review of Islamic law on the appointment of the Gapuk Tua village apparatus, Marancar District, South Tapanuli Regency has not fully implemented Islamic law, namely a leader must be fair and trustworthy.
Peran PKH Dalam Meningkatkan Kemampuan Suami Memberi Nafkah Dermina Dalimunthe, Isa Yurida Tanjung Fatahuddin Aziz Siregar &
Jurnal El-Thawalib Vol 1, No 1 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i1.3124

Abstract

The Family Hope Program (PKH) began in 2007 and has been implemented in the Padangsidimpuan City area starting in 2013. And husbands who receive PKH still neglect their position as head of the family to carry out their obligations in the family, one of which is to provide a good living. Even when the family received PKH assistance, the husband did not use the assistance properly to be used as capital to open a business. As a result, families who receive PKH assistance are unable to improve the family's economy. Based on the above background, the purpose of this study is to find out how the Role of the Hope Family Program (PKH) in Increasing the ability of the Husband to Provide a Livelihood in Manunggang Jae Village and How to Increase the Ability of Husbands to Give a Livelihood after joining the Hope Family Program (PKH) in Manunggang Jae Village. The type of research used in this research is field research. Based on the results of the above research, the results show that the role of the hope family program in increasing the husband's ability and increasing the husband's ability after participating in the hope family program in Manunggang Jae village from the results of the interview with informants can be assessed that the hope family program plays an important role for the village community of Manunggang Jae and is capable increasing the husband's obligation to provide a living with the hope family program.
The Analysis of The Decision No. 1706/Pdt.G/2020/PA.Mdn. Based on The Decision No. 93/PUU-X/2012 Siregar, Muhaimin Nur; Siregar, Fatahuddin Aziz
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.v4i2.9600

Abstract

This research discusses regarding the sharia economic dispute resolution based on akad which usually occures, with analyzed of the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. according the Constitutional Court Decision No. 93/PUU-X/2012 regarding sharia economic dispute resolution based on akad. The type of this research is library research and in the form of normative legal research. The research approach uses statute approach and case approach with theoretical review by pure theory of law and positivism theory of law. The primary legal materials consist of UUD 1945, KUHPerdata, Law No. 21 of 2008 regarding the Sharia Banking, Law No. 3 of 2006 regarding Religious Courts, Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution, Law No. 3 of 2004 regarding the Constitutional Court, Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. and Constitutional Court Decision No. 93/PUU-X/2012. The secondary legal materials are books, thesis, and law journals according to the research problems. The colecting datas technique is documentation and the analysis technique uses desciptive analysis. The result of this reseacrh shows that the consideration of the Medan Religious Court Judges’ on the decision No. 1706/Pdt.G/2020/PA.Mdn. who declares that It was not authorized to try the lawsuit based on the explanation of Article 3 of Law No. 3 of 1999 which principally states that the court  is not authorized to try between parties who have been bound in an Arbitration akad and the Constitutional Court Decision No. 93/PUU-X/2012 does not make it has no legal force. Because the two legal standing is separated. Then, by reviewing of the Constitutional Court Decision No. 93/PUU-X/2012 toward the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. regarding the sharia economic dispute resolution based on akad is contradict with law according to the pure theory of law and positivism theory of law. Because the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 that stated sharia economic dispute resolution through arbitration contradict  with  UUD 1945.Sharia Economic Dispute, Dispute Resolution, Akad
Faktor-Faktor Penyebab Terjadinya Kejahatan Pencurian Berulang Ikhwanuddin Harahap, Rizki Handayani Harahap & Fatahuddin Aziz Siregar &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3176

Abstract

Along with the development of times, crime also develops, one of which is the crime of theft. Repeated theft crimes in Class IIB Lapas Padangsidimpuan, the returns of convicts who repeat the crime after being released from their criminal sentence or prisoners who return to be resident of the correctional facility. The occurrence of the repeated theft crime phenomenon result in a person being subject to sanctions for their actions. The existence of repeated theft crimes creates no deterrent in commiting crimes and repeats the crime. The occurrence of the repeated theft crime phenomenon, of course there are factors that cause the occurrence of repeated theft crimes in Class IIB Prison in Padangsidimpuan City. The problem in this research is what are the factors causing the occurrence of recurrent theft crimes in Padangsidimpuan Class IIB Prison and how the jinayah fiqh review on recurring theft. The purpose of this study is to find out what are the factors that cause the occurrence of repeated theft crimes in Padangsidimpuan Class IIB Prison and to find out how the jinayah fiqh review on recurring theft. This type of research is field research using a sociological juridical approach. The approach of this research is by means of interviews and documentation related to the factors of the occurrence of repeated theft crimes. As for what the researchers examined were officers and convicts of repeated theft at the Class IIB Prison in Padangsidimpuan City. The result of this study are the factors that cause the occurrence of repeated thefts in the Class IIB Prison in Padangsidimpuan City are economic factors, individual factors, factors of lack of religious knowledge. In the jinayah fiqh review of repeated theft crimes, this is in accordance whith hadis narrated by Abu Hurairah, namely the first theft is punishable by cutting off his right hand, second theft of cutting his left leg, third theft of cutting off his left hand, and theft of four cutting off his right leg. Then the Hanabilah and Hanafiyah scholars argued that the first theft was punished by cutting off the right hand, the second theft by cutting off the left leg, the third and fourth theft being punished by ta’zir. Penalties in the criminal code are similar to jinnayah fiqh, which is equally burdensome in penalties for repeat theft perpetratos.