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Pertimbangan Hakim Dalam Menjatuhkan Sanksi Tindak Pidana Pencurian Ringan Perspektif Hukum Pidana Islam Rahman Zulfadli Lubis; Zul Anwar Ajim Harahap; Ahmad Sainul
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6666

This article describes the judge's considerations in deciding the sanctions for minor theft from the perspective of Islamic Criminal Law. This type of research is normative. The legal materials of this research consist of primary and secondary legal materials in the form of Decision No: 8/Pid.C/TPR/2019/PN PSP, while secondary legal materials are in the form of books, journals and documents related to Islamic criminal law, data collection techniques with the case study method. In this study, the data analysis technique used is the legal hermeneutic analysis method. The results of this study indicate that in Islamic criminal law, theft can be referred to as ordinary theft when theft consists of four elements, namely the element of property taken secretly, the element of the item taken in the form of property, the element of the property being the property of another person and elements of malicious intent or against the law. While the decision No: 8/Pid.C/TPR/2019/PN PSP only consists of three elements that this crime is referred to as light theft, not ordinary theft. The punishment given is ta'zir punishment.

Judi Leklean di Desa Pudun Jae di Tinjau Hukum Pidana Islam Zulfadly Siregar; Muhammad Arsad Nasution; Ahmad Sainul
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7992

This study examines Leklean gambling in Pudun Jae Village in Review according to Islamic Criminal Law. The type of this research is qualitative or field research and the primary data source is data or information obtained directly through interviews with the people of Pudun Jae Village who carry out Leklean activities including statements from various parties, namely, Village Heads, Traditional Leaders, Ulama, Community, Card Player and Host. The secondary data sources are books, journals and documents that are considered related to this paper, while the data collection techniques are by means of observation, interviews and documentation and then the data analysis technique is qualitative descriptive. The results of this study explain that the implementation of Leklean is a community activity that is present on the night before the celebration event is carried out with many various activities such as preparing for tomorrow's needs, telling stories, keeping the location and playing cards. The factor that makes Leklean activities still exist today is that Leklean activities are very helpful to people who are doing events because if there is a Leklean then the location of the event will be safe from thieves and people who want to interfere with the event. The review of Islamic Criminal Law regarding Leklean is to explain that in Leklean Activities at the Sukur event, there is a card game that uses money as a bet so that the game feels enthusiastic. There are elements of gambling, elements of gambling in Islamic Criminal Law, namely the existence of games and bets, which causes a party to win and a party to lose. Islam forbids its people to seek and collect wealth in a vanity way such as gambling. Because the harm that exists in playing gambling is greater than the benefits.

ANALISIS KAFA’AH PERSPEKTIF UNDANG-UNDANG DI INDONESIA SYIRIA DAN FIKIH KONVENSIONAL ahmad sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7806

One of the orders for people who want to get married in Islam is to pay attention to the equality of positions between husband and wife (kafaah). Equality is also called balance, which means complementing one another, so as to create harmony between husband and wife. This equality includes education, material, and religion. If this is lame, then there is a fear of being arbitrary and assuming the partner is one-sided. For this reason, some Muslim countries are very concerned about kafa'ah, including Indonesia and Syria. Indonesia, for example, in the Compilation of Islamic Law, kafa'ah is regulated in Chapter X concerning the prevention of marriage. The article states that not being in confederation cannot be used as a reason to prevent marriage, except for not being confederation because of religion or ikhtilafud din. This means that laws in Indonesia do not strictly regulate kafa'ah for physical or material matters. Kafa'ah becomes a big problem and can even be canceled when one partner has a different religion. As for Kafa'ah in Syria, it is regulated in a separate sub-chapter in The Syrian Code of Personal Status in 1953. Kafa'ah is regulated in the 4th part of the 2nd chapter, articles 26-32. The rules regarding kafa'ah read: Kafa'ah between husband and wife is a must in the Syrian state. Kafaa'ah is again regulated in Law No. 34 of 1975 which is a renewal of the previous Law. In this law kafa'ah is regulated in a certain chapter as well, namely part 4 of chapter 2, Articles 52-56. This law says that: in marriage, it is required that there be kafa'ah between the bride and groom, if it is not fulfilled then one of the parties can apply for an annulment of the marriage. Conventional fiqh as a legal reference says that, for example Hanafiah's opinion, the criteria for kafa'ah are lineage, Islam, profession, self-independence and wealth. The criteria for kafa'ah according to Hanafiah tend to be the same as those of Hanbali, except that independence is added. The wealth referred to by the Hanafi school is the ability to pay a dowry and maintenance. Besides the concept of wealth, there is also the concept of character which is the object of kafa'ah. The Hanafi school of thought only considers that character is not an absolute object of kafa'ah. If the prospective husband really shows wickedness, then this becomes a benchmark for kafa'ah in marriage. ¬Asy-Syafi'i¬ argues that the criteria for kafa'ah are nationality or lineage, quality of religion, self-independence and business or profession. ¬Asy-Syafi'i¬ added the criteria for a prospective husband, namely not having a disability.

REVITALISASI PENGELOLAAN ZAKAT: KONSEP YANG DIGUNAKAN MASYARAKAT DALAM MENGENTASKAN KEMISKINAN PERSPEKTIF HUKUM ISLAM Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i2.9378

This study aims to determine the revitalization of zakat management used by the community in alleviating poverty from an Islamic legal perspective. Uniquely, the method of collecting zakat from year to year has not developed, despite the increase in the type of community business in this modern era. Zakat is known as a potential source of funds as an effort to develop the economy of the ummah, meaning that if managed properly, it can certainly help people get out of poverty conditions so that the wealth does not only dwell on the rich. This research is included in the category of normative legal research, namely legal research that aims to examine library materials, analyzed using descriptive techniques. Aims to provide conclusions or interpretations of law that are objective. The findings of this study show that one of the lessons of zakat is to improve the economy of the ummah in alleviating poverty. Not only that, the existence of zakat can have a positive influence on economic improvement in the community. This can happen, if zakat management is done well. As in the form of productive zakat, zakat funds should be given for the development of small businesses such as clone traders, cake sellers, chicken livestock, fish livestock and fried food sellers. One of the goals is that the community gets the benefits directly, so that in the use of zakat funds can be constructed, which initially as mustahik turned into muzakki.

ANALISIS KAFA’AH PERSPEKTIF UNDANG-UNDANG DI INDONESIA SYIRIA DAN FIKIH KONVENSIONAL ahmad sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7806

One of the orders for people who want to get married in Islam is to pay attention to the equality of positions between husband and wife (kafaah). Equality is also called balance, which means complementing one another, so as to create harmony between husband and wife. This equality includes education, material, and religion. If this is lame, then there is a fear of being arbitrary and assuming the partner is one-sided. For this reason, some Muslim countries are very concerned about kafa'ah, including Indonesia and Syria. Indonesia, for example, in the Compilation of Islamic Law, kafa'ah is regulated in Chapter X concerning the prevention of marriage. The article states that not being in confederation cannot be used as a reason to prevent marriage, except for not being confederation because of religion or ikhtilafud din. This means that laws in Indonesia do not strictly regulate kafa'ah for physical or material matters. Kafa'ah becomes a big problem and can even be canceled when one partner has a different religion. As for Kafa'ah in Syria, it is regulated in a separate sub-chapter in The Syrian Code of Personal Status in 1953. Kafa'ah is regulated in the 4th part of the 2nd chapter, articles 26-32. The rules regarding kafa'ah read: Kafa'ah between husband and wife is a must in the Syrian state. Kafaa'ah is again regulated in Law No. 34 of 1975 which is a renewal of the previous Law. In this law kafa'ah is regulated in a certain chapter as well, namely part 4 of chapter 2, Articles 52-56. This law says that: in marriage, it is required that there be kafa'ah between the bride and groom, if it is not fulfilled then one of the parties can apply for an annulment of the marriage. Conventional fiqh as a legal reference says that, for example Hanafiah's opinion, the criteria for kafa'ah are lineage, Islam, profession, self-independence and wealth. The criteria for kafa'ah according to Hanafiah tend to be the same as those of Hanbali, except that independence is added. The wealth referred to by the Hanafi school is the ability to pay a dowry and maintenance. Besides the concept of wealth, there is also the concept of character which is the object of kafa'ah. The Hanafi school of thought only considers that character is not an absolute object of kafa'ah. If the prospective husband really shows wickedness, then this becomes a benchmark for kafa'ah in marriage. ¬Asy-Syafi'i¬ argues that the criteria for kafa'ah are nationality or lineage, quality of religion, self-independence and business or profession. ¬Asy-Syafi'i¬ added the criteria for a prospective husband, namely not having a disability.

REVITALISASI PENGELOLAAN ZAKAT: KONSEP YANG DIGUNAKAN MASYARAKAT DALAM MENGENTASKAN KEMISKINAN PERSPEKTIF HUKUM ISLAM Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i2.9378

This study aims to determine the revitalization of zakat management used by the community in alleviating poverty from an Islamic legal perspective. Uniquely, the method of collecting zakat from year to year has not developed, despite the increase in the type of community business in this modern era. Zakat is known as a potential source of funds as an effort to develop the economy of the ummah, meaning that if managed properly, it can certainly help people get out of poverty conditions so that the wealth does not only dwell on the rich. This research is included in the category of normative legal research, namely legal research that aims to examine library materials, analyzed using descriptive techniques. Aims to provide conclusions or interpretations of law that are objective. The findings of this study show that one of the lessons of zakat is to improve the economy of the ummah in alleviating poverty. Not only that, the existence of zakat can have a positive influence on economic improvement in the community. This can happen, if zakat management is done well. As in the form of productive zakat, zakat funds should be given for the development of small businesses such as clone traders, cake sellers, chicken livestock, fish livestock and fried food sellers. One of the goals is that the community gets the benefits directly, so that in the use of zakat funds can be constructed, which initially as mustahik turned into muzakki.

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