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All Journal JURNAL MAHKAMAH Edukasi Islami: Jurnal Pendidikan Islam Legal Standing : Jurnal Ilmu Hukum IIJSE Tabayyun : Journal of Islamic Studies Albayan : Journal of Islam and Muslim Societies
Muhammad Amar Adly, Muhammad Amar
Fakultas Syariah IAIN Sumatera Utara Jl. Willem Iskandar Pasar V Medan Estate, Medan, 20371 e-mail: amaradly73@yahoo.com
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Prohibition of Sexual Marriage in Batak Toba Samosir Traditions Perspective of Islamic Law Erwansyah, Erwansyah; Adly, Muhammad Amar; Yazid, Imam
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.6509

Abstract

Regulations regarding mahram and the prohibition of intermarriage in Samosir Batak society are some of the important aspects that influence social life and marriage. The clan in the Samosir Batak tradition has a very central position, so the prohibition on intermarriage within the clan is regulated to maintain the purity of the lineage and social harmony. In Islamic law, the prohibition on intermarriage can be analogous to the prohibition against mahram, namely people who are forbidden to marry because of blood or marriage relations. This research aims to examine the relationship between mahram in Islamic law and the prohibition of intermarriage in Samosir Batak custom, as well as explore the similarities and differences between the two. The method used is descriptive qualitative with a normative approach. The research results show that there are similar goals between the two systems in protecting offspring and family honor. However, there are differences in determining which parties are considered mahram and semarga. This research suggests that there should be a deeper understanding of these two systems to create a balance between religious and customary law in Samosir Batak society. Even though there are differences in determining who is considered a mahram in Islamic law and who is considered a clan in Samosir Batak custom, these two systems have the same goals of maintaining family honor, protecting legitimate descendants, and preventing marriage within a close lineage. Socialization and Education require more intensive outreach efforts regarding the differences and similarities between mahram in Islamic law and the prohibition on intermarriage in Samosir Batak custom. This is important to provide a clear understanding to the community, especially the younger generation so that they can live their religious and traditional lives in harmony.
Pertanggungjawaban Perusahaan Kelapa Sawit Atas Kerusakan Jalan Kabupaten Perspektif Maslahah Mursalah Sari, Emilia; Adly, Muhammad Amar
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11559

Abstract

PT Perkebunan Nusantara (PTPN) IV Tinjowan is a palm oil company that has the responsibility to improve the welfare of the community around the plantation in various aspects. Research at PT Perkebunan Nusantara (PTPN) IV Tinjowan focuses on priorities for the community around the palm oil plantation, because this company is engaged in the economy. However, there are obstacles in the implementation of some of the company's programs, especially in the infrastructure sector. The method used in this study was a direct field survey and structured interviews with village officials. The field survey was conducted to see the condition of road damage (traffic), while structured interviews were conducted with local village officials, namely parties in the community who are considered to have knowledge and know in detail about the programs that have not been running. The results of the study showed that the PTPN IV Tinjowan program had not been implemented properly in the field of road infrastructure (traffic). There were several programs that had not been evenly distributed throughout the community, so further socialization was needed.
Implementasi Qawa‘Id Fiqhiyyah Dalam Penyelesaian Masalah Kontemporer Nasution, Muhammad Iqbal Hanafi; Adly, Muhammad Amar; Firmansyah, Heri
Tabayyun : Journal Of Islamic Studies Vol. 3 No. 02 (2025)
Publisher : Tabayyun : Journal Of Islamic Studies

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Abstract

This study discusses the implementation of Qawā‘id Fiqhiyyah (Islamic legal maxims) in addressing and resolving increasingly complex contemporary issues in line with the advancement of time, particularly in the social, economic, and technological domains. Qawā‘id Fiqhiyyah serve as foundational principles in Islamic law that are universal and flexible, enabling them to be applied in response to new problems not explicitly regulated in the scriptural sources (nash). Maxims such as al-‘ādah muḥakkamah (custom is authoritative), al-maṣlaḥah al-mursalah (unrestricted public interest), al-ḍarar yuzāl (harm must be eliminated), and al-mashaqqah tajlib al-taysīr (hardship begets ease) form essential foundations for formulating contextual and beneficial Islamic legal solutions. This research is normative juridical in nature, using a statute approach. Data were obtained from primary legal sources such as the Qur’an, Hadith, and classical texts on uṣūl al-fiqh and qawā‘id fiqhiyyah, supported by secondary and tertiary legal materials. The data analysis technique used is qualitative, with a descriptive-analytical approach. The results of the study indicate that Qawā‘id Fiqhiyyah are capable of serving as adaptive guidelines in establishing Islamic legal rulings on modern phenomena such as digital transactions, sharia-compliant fintech, and contemporary social issues. These maxims provide both theoretical and practical foundations for scholars and academics to perform legal ijtihad, ensuring that Islamic law remains relevant and solution-oriented across eras
The Role of the Namora Natoras Mandailing Traditional Institutions in Forced Marriage in Affairs Cases Nasution, Muhammad Idris; Adly, Muhammad Amar; Nurcahaya, Nurcahaya
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (2022)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v7i1.2298

Abstract

Forced marriage has no legitimacy in Indonesian marriage law, and is instead categorized as a crime of sexual violence. However, these forms of forced marriage are still common, especially in the case of adultery, as happened in Mandailing, and gain legitimacy from its customary institutions. The purpose of this article is to describe how the role and perception of Namora Natoras in forcing an adulterer's marriage to the principle of consent of the bride and groom. This juridical-empirical research was conducted by collecting data through interviews and other secondary data. The data was processed qualitatively by using content analysis. The results show that Namora Natoras plays an effective role as a customary justice institution in cases of forced marriage in adultery cases, in order to fill the legal vacuum. In Namora Natoras' perception, forcing an adulterer to marry an adulteress is a customary sanction, as an effort to find a balance of nature and provide a deterrent effect, preventing children from being born out of wedlock, a form of repentance, and a form of protection for women to avoid worse perceptions from society. Namora Natoras is of the view that forcing adulterers to marry is more beneficial than upholding the principle of consent of the bride and groom in this case in order to protect the rights of women and children
Kaidah Fiqhiyyah Yang Berkaitan Dengan Masalah ‘Iddah NISA, KHAIRATUN; ADLY, MUHAMMAD AMAR; FIRMANSYAH, HERI
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

The ‘iddah period in Islamic family law serves as an essential safeguard for lineage, the dignity of women, and post-marital social stability. Qaidah Fiqhiyyah provide a normative foundation that elucidates the wisdom and objectives underlying the establishment of ‘iddah. This study employs a qualitative method with a literature review approach. Data were collected from primary and secondary sources, including classical and contemporary fiqh literature as well as Indonesian Islamic legal regulations. Two qaidah fiqhiyyah related to the issue of ‘iddah are discussed in this study. These qaidahs have been interpreted by scholars from the four major Islamic schools of thought, reflecting diverse perspectives that ultimately converge on a shared objective: the protection of women's rights. The ‘iddah period is not merely a ritual obligation, but a legal mechanism that realizes the objectives of Islamic law (maqāṣid al-sharī‘ah), particularly in preserving lineage and providing space for reflection and reconciliation. Understanding these principles is crucial for strengthening a just and compassionate Islamic family law system in the modern era.
The Urgency of Islamic Education In Improving Understanding The Tarjih Maslahah For Mafsadah In The Istinbat Of Islamic Law (Method Analysis Imam ‘Izzuddin Bin Abdussalam) Mubarrak, Zahrul; Asmuni; Adly, Muhammad Amar
Edukasi Islami: Jurnal Pendidikan Islam Vol. 12 No. 04 (2023): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v12i04.6550

Abstract

This research focuses on looking at the urgency of Islamic education in expanding understanding of maqashid sharia in the concept of ushul fiqh, Islamic education is important for expanding understanding of maslahah and mafsadah in legal istinbath methodology, and describes the methods proposed by Izzudin to resolve the contradiction between maslahah and sorry. This research includes qualitative research which is descriptive analysis with a logical and historical philosophical approach. The data collection technique used is library research. The primary source for this research refers to the book Qawaid al-Ahkam fi Masalih al-Anam and the book Syajarat al-Ma'arif wa al-Ahwal wa Salih al-Aqwal wa al-A'mal. These findings explain that the concepts of maslahah and mafsadah in Islamic law will become more optimal if their understanding is strengthened and disseminated through Islamic education, especially those closely related to maqashid sharia. Maslahah supports the objectives of sharia in kulliyah khamsah, while mafsadah contradicts it. Proposals to reconstruct maqashid sharia independently of kulliyah khamsah were rejected because they usually only combined or complemented existing principles. Maslahah and mafsadah are important elements in Islamic legal istinbath, and must be managed within the framework of sharia dhawabith to avoid subjectivity and legal instability. Izzudin offers four methods to resolve the contradiction between maslahah and mafsadah, namely jam'u (merging), tarjih (weighing), takhyir (selection), or tawaqquf (termination). He emphasized that the contradiction between these two concepts is often only relative and depends on perspective, suggesting to assess the dominance of one aspect over the other in a given situation. This will of course be more optimal if it is conveyed and emphasized through the participation of Islamic education, so that discussions related to tarjih maslahah on mafsadah, especially in the study of Islamic law will become more interesting and developed.
Pertanggungjawaban Perusahaan Kelapa Sawit Atas Kerusakan Jalan Kabupaten Perspektif Maslahah Mursalah Sari, Emilia; Adly, Muhammad Amar
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11559

Abstract

PT Perkebunan Nusantara (PTPN) IV Tinjowan is a palm oil company that has the responsibility to improve the welfare of the community around the plantation in various aspects. Research at PT Perkebunan Nusantara (PTPN) IV Tinjowan focuses on priorities for the community around the palm oil plantation, because this company is engaged in the economy. However, there are obstacles in the implementation of some of the company's programs, especially in the infrastructure sector. The method used in this study was a direct field survey and structured interviews with village officials. The field survey was conducted to see the condition of road damage (traffic), while structured interviews were conducted with local village officials, namely parties in the community who are considered to have knowledge and know in detail about the programs that have not been running. The results of the study showed that the PTPN IV Tinjowan program had not been implemented properly in the field of road infrastructure (traffic). There were several programs that had not been evenly distributed throughout the community, so further socialization was needed.
Analysis of Islamic Inheritance Law on the Distribution of Women’s Inheritance Rambe, Dewiyanti; Adly, Muhammad Amar; Khalid, Khalid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.3928

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.
Polygamy in Islam and Its Relevance to Law No. 1 of 1974 Concerning Marriage Aryani, Winda Intan; Adly, Muhammad Amar; Yazid, Imam
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5657

Abstract

Polygamy is a topic that always invites polemics in society, especially in the context of households. Although polygamy existed long before Islam, Islam accommodates this practice with several limitations and conditions, especially in terms of justice for wives. Problems that often arise in the practice of polygamy include abuse of rights and obligations, physical and psychological violence, and negative impacts on women and children. This study aims to understand more deeply the legal perspective of polygamy, especially according to the views of Buya Hamka and Nasr Hamid Abu Zayd. This study uses a normative juridical method with a literature study approach, utilizing primary legal materials such as the Al-Qur'an interpretation book by Hamka and Abu Zayd, as well as secondary legal materials from Islamic law literature and related laws. The analysis was carried out by describing, recording, and interpreting data to understand the differences in the views of the two figures regarding the law of polygamy. The results of the study show that there are uniqueness and differences in the thoughts of Hamka and Abu Zayd that can influence the implementation of polygamy law in Indonesia. This study provides important insights into the dynamics of polygamy law in the modern context and its contribution to legal policy in Indonesia.
Co-Authors Aryani, Winda Intan Asmuni Erwansyah, Erwansyah Heri Firmansyah Imam Yazid Khairatun Nisa Khalid Nasution, Muhammad Idris Nasution, Muhammad Iqbal Hanafi Nurcahaya, Nurcahaya Rambe, Dewiyanti Sari, Emilia Zahrul Mubarrak