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Pelaksanaan Kurban Mayit Menurut Imam An-Nawawi dan Imam Ibnu At-Taimiyah Studi Kasus Desa Tanjung Baru Kecamatan Tanjung Morawa Elika, Dinda; Mukhsin, Abd.
Nagari Law Review Vol 8 No 1 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.1.p.15-28.2024

Abstract

This research examines the implementation of sacrificial services for the deceased, a practice that has sparked differing opinions among Islamic scholars. The background of this issue stems from varying interpretations of religious evidence and jurisprudential understanding between Imam An-Nawawi and Imam Ibn Taymiyyah. The research questions are: (1) What are the views of Imam An-Nawawi and Imam Ibn Taymiyyah regarding sacrifice for the deceased? (2) What legal bases and arguments are used by these two imams? (3) How is this practice implemented in the community of Tanjung Baru Village, Tanjung Morawa District? The research method employed is a comparative empirical normative sociological study. Primary data was obtained directly from the works of Imam An-Nawawi and Imam Ibn Taymiyyah, as well as through observations and interviews at the research site. Data analysis was conducted qualitatively using a comparative approach The results reveal significant differences between the views of the two imams. Imam An-Nawawi permits sacrifice for the deceased, both with and without a will, based on hadiths about giving charity for the dead. Meanwhile, Imam Ibn Taymiyyah rejects this argument and holds a different perspective. In Tanjung Baru Village, the practice of sacrifice for the deceased is still carried out by some community members, although understanding of its legal basis varies. This study suggests the need for further education of the community about the variety of scholarly opinions on this matter, and encourages dialogue among local religious leaders to achieve a more comprehensive understanding.
Methods of Analyzing Judges' Decisions in Normative Legal Research Case-based Approach and Islamic Law Sukiati, Sukiati; Mukhsin, Abd.; Al-Farizi, Dava
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 6, No 3 (2024): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v6i3.1972

Abstract

This study aims to examine how decision analysis studies should be conducted. In addition to examining the case approach in normative legal research, which is a commonly used approach in decision analysis studies, this study was also conducted to investigate the methods and characteristics of decision analysis. Using qualitative and document research methods, data was collected through focus group discussions and documentation. This study found that decision analysis research is specifically a case-specific study, possibly using philosophical and conceptual approaches simultaneously. The steps of decision analysis research also specifically follow the IRAC (Issue, Rule, Attention and Conclusion) method. This study is expected to contribute to the development of the discourse on legal research methodology with its various approaches, especially approaches that have been introduced in normative legal research. Practically, this study is expected to provide guidance for students to conduct normative legal research with a case approach, especially in decision analysis research. The results of this study are also expected to be a guide for supervisors to guide students who conduct normative legal research with a case approach, especially research on the analysis of judges' decisions.
Peran Suami Disabilitas dalam Menafkahi Keluarga Melalui Tindakan Mengemis: Perspektif Hukum Islam Adilla, Nurul; Mukhsin, Abd.
Al-Ishlah: Jurnal Ilmiah Hukum Vol 28 No 1: Desember 2024 - Mei 2025
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v28i1.513

Abstract

This research examines the phenomenon of husbands with disabilities who provide for their families through the act of begging in Sidorejo Hilir Urban Village from the perspective of Islamic law. The main objective of this research is to analyze the practice of husbands with disabilities fulfilling financial support obligations and to explore the local community’s views on this phenomenon. This research uses a juridical-empirical approach with a qualitative method. Primary data were obtained through in-depth interviews with four husbands with disabilities and several residents and community leaders. Secondary data were collected from a literature study of Islamic legal sources, such as the Qur’an, Hadith, and books of fiqh (Islamic jurisprudence). The results showed that physical limitations and barriers to access to decent work forced husbands with disabilities to beg in order to fulfil their family financial support obligations. From Islamic law’s perspective, begging can be justified due to the condition of dharuriyyat (necessity), although this permissibility is temporary and situational. The Sidorejo Hilir Urban Village community shows various views, ranging from empathy and tolerance to criticism that emphasizes the importance of independence. This research concludes that the condition of dharuriyyat justifies begging as an exception to the general rule while still prioritizing the principle of izzah (self-dignity). The implication of this research is the need for strategic steps, especially from the government and related institutions, to create inclusive economic empowerment programs for persons with disabilities so that they can escape the condition of dharuriyyat and fulfil their financial support obligations more dignifiedly.
TINJAUAN HUKUM PIDANA ISLAM PASAL 412 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KOHABITASI Ritonga, Rahul Sani; Mukhsin, Abd.
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9934

Abstract

This research examines the regulation of cohabitation in Section 412 of Law No. 1 of 2023 and compares it with adultery sanctions in Islamic criminal law. The background of the problem raised is that Article 412 provides leniency for adultery offenders compared to Article 411 which regulates adultery, where the punishment for cohabitation offenders is lighter and the proof process uses an absolute complaint offense. This study employs normative legal techniques. with descriptive data analysis techniques. The results The discussion shows that in the review of Islamic criminal law, cohabitation offenders are considered equivalent to adultery offenders. In Islam, cohabitation is an extension of the crime of adultery so that the criminal sanctions are equalized, both for muḥṣan (married) and ghairu muḥṣan (unmarried). The perpetrator of cohabitation is subject to The perpetrators of cohabitation are subject to 100 lashes or stoning according to the category of adultery. The study's findings indicates that the regulation of cohabitation in Article 412 of Law Number 1 Year 2023 has significant differences with Islamic criminal law. Article 412 provides a lower penalty than Article 411 on adultery, in contrast to Islamic criminal law which equates criminal sanctions for cohabitation offenders with adultery offenders, namely 100 lashes or stoning according to the type, whether the category of zina muḥṣan or ghairu muḥṣan.
Persepsi Masyarakat Teluk Nibung Kota Tanjung Balai terhadap Istri sebagai Pencari Nafkah dalam Perspektif Hukum Islam Dihati, Hasrat; Mukhsin, Abd.
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4809

Abstract

This study aims to examine the understanding of the people of Teluk Nibung, Tanjung Balai City, regarding the obligation of providing for the household according to Islamic law. The method used in this study is an empirical approach using interviews and observation. This study was also supported by documentation from the KUA (Office of Religious Affairs) and other religious institutions. The results of the study show that the understanding of the Teluk Nibung community regarding financial support is still limited to basic household needs such as food and shelter. People who have a deeper understanding of religion tend to understand financial support in a broader context, including education and health, and assume that the husband's obligation to provide financial support can be reduced or waived when the wife has an income. This study also reveals irregularities in the provision of nafkah, which are influenced by the family's economic conditions. The conclusion of this study is that the Teluk Nibung community's understanding of nafkah needs to be broadened through more comprehensive and continuous education regarding the obligation of nafkah in Islam.
Rokan Hilir Riau Regional Government Policy in Managing Forest and Land Fires Fiqih Siyasah Perspective Br Srg, Siti Khairani; Mukhsin, Abd.
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5497

Abstract

Forest and land fires are a problem that continues to exist in Indonesia, especially in Rokan Hilir Regency, Riau. The local government of Rokan Hilir Regency has formed a regulation in 2017, in which the regulation includes the Masyarakat Siaga Bencana (DPC) which is expected to be an important instrument in dealing with fire disasters. This journal research is formulated on 3 (three) main problems, namely: 1). How are the efforts of the local government of Rokan Hilir Regency, Riau in dealing with forest and land fires by forming the Masyarakat Siaga Bencana (DPC)? 2). What is the impact of the local government policy of Rokan Hilir Regency, Riau in dealing with forest and land fires by forming the Masyarakat Siaga Bencana (DPC)? 3). How is the analysis of Fiqh Siyasah on the policy of the local government of Rokan Hilir Regency, Riau in dealing with forest and land fires by forming the Masyarakat Siaga Bencana (DPC)? Research results show that efforts of the Regional Government of Rokan Hilir Regency, Riau, in overcoming forest and land fires have been insensitively carried out, including by forming a Regional Regulation in 2017, which includes elements involving the community. The impact of the Regional Government Policy of Rokan Hilir Regency, Riau, in overcoming forest and land fires is only minimal. The community expects strict regulations and the attention of the regional government to provide incentives, training, and skills to the community. Fiqh Siyasah analysis of the policy of the Regional Government of Rokan Hilir Regency, Riau, in overcoming forest and land fires, is part of the government policy that must be obeyed by the community, as a form of obedience to the government as contained in the verse of the Al-Qur'an, chapter An-Nisa' / 4:59.