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ANALYSIS OF THE LEGIBILITY OF MURABAá¸¤AH WAKALAH FINANCING PRACTICES AT PT. ACEH SHARIA BANK KCP DIPONEGORO Aulil Amri; Linda Linda
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol 3 No 2 (2022): Jurnal Al-Iqtishadiah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

Murabaá¸¥ah financing is one of the most popular products in Islamic banking. Murabaá¸¥ah is defined as the activity of selling an item by confirming the purchase price to the buyer, the buyer pays a higher price than the previous price to make a profit. It can be seen that the essence of murabaá¸¥ah is that the bank provides non-money goods, where the bank should buy the goods needed by the customer and then sell them back to the customer at the selling price plus a profit. However, in practice the bank cannot do its own work, that is, it cannot provide the goods required by the customer; rather, the bank only provides funds for the purchase of the goods required through a wakalah contract with the customer in question. This study aims to find answers to the main issues, namely: how is the Fiqh Muamalah review of the practice of murabaá¸¥ah wakalah at PT. Bank Aceh Syariah KCP Diponegoro, what is the legitimacy of the practice of murabaá¸¥ah wakalah financing according to the DSN MUI fatwa and what is the mechanism for murabaá¸¥ah wakalah financing at PT. Bank Aceh Syariah KCP Diponegoro. The type that the author uses in this study is a descriptive analysis method. The data collection method in this study was data obtained from field research through interviews with the parties involved and taking references from a literature review. The results of this study show that there are still sharia principles, the pillars of murabaá¸¥ah which are not in accordance with fiqh muamalah and DSN MUI fatwa rules, where in the application of murabaá¸¥ah bil wakalah contracts at Bank Aceh Syariah KCP Diponegoro more often use murabaá¸¥ah and wakalah contracts in one contract. whereas in theory, the implementation of the wakalah contract must be carried out before the murabaá¸¥ah contract is carried out.

PERHITUNGAN KLAIM JAMINAN HARI TUA PADA BPJS DALAM PERSPEKTIF AKAD KAFALAH Aulil Amri; Nurma Yunita
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol 4 No 1 (2023): Jurnal Al-Iqtishadiah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/iqtishadiah.v4i1.2875

The Old Age Guarantee Program (JHT) is one of the BPJS programs. JHT has a benefit value that can be claimed by former employees. In practice, the calculation of JHT claims must be in accordance with the BPJS policy. When viewed from Islamic law, the guarantee is called kafalah. However, in the kafalah contract, the calculation of JHT claims and the value of the benefits has gaps that are not in accordance with Islamic law. This thesis is focused on answering three important things, 1) How is the calculation on the BPJS policy regarding JHT for PT IMARA employees. 2) What are the benefits received by former employees of PT IMARA on JHT claims. 3) What is the perspective of the kafalah contract on the calculation of claims and the value of JHT benefits for employees at BPJS PT IMARA. This research is a qualitative research that is descriptive analysis with a sociological normative approach, where the data obtained comes from observations and interviews. The results of the study show that, first, the calculation of old age security claims is a combination of the basic salary and fixed allowances reported by PT IMARA to BPJS Ketenagakerjaan. The amount of JHT contributions for participants receiving wages is 5.7% of income, with details of 3.7% being borne by the company and 2% being borne by the employee himself which is deducted from the salary. Second, the benefits of JHT are in the form of cash, the amount of which is the accumulated value of the contributions plus the results of the development. Third, the calculation of JHT claims and JHT benefits in the perspective of the kafalah contract that is applied to PT IMARA when viewed from the pillars of kafalah is in accordance with the Shari'a. However, under the terms of the kafalah contract, this is contrary to the Shari'a because the contributions of BPJS participants are developed by placing them in several portfolios, including conventional bank deposits or bonds based on interest loans. In the development of claims there is also a 5% interest where the interest follows the BI Rate system.

Determination Of Child Care Rights Between Birthday Parents And Adopting Parents Misran Misran; Aulil Amri; Nur Fatin Adila Binti Idereh
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.2750

Adoption of children is regulated in the Deed of Registration of Appointment 1952 (Deed 253) for Muslims and non-Muslims and the Deed of Adoption 1952 (Deed 257) for non-Muslims. Among the cases involving the struggle for custody is the one that occurred at the Pahang Sharia High Court, in which the judge handed over a child to his biological parents while the child had been registered under the Deed of Registration of Appointment 1952 (Deed 253). Then, in the case at the Selangor High Court, the judge handed over custody rights to the adoptive parents while the adoption registration was invalid. There are two formulations of the problem in this thesis. Firstly, what are the considerations of the Pahang Sharia High Court judges in determining child custody between biological parents and adoptive parents? Second, what are the considerations of the judges of the Selangor High Court in determining child custody between biological parents and adoptive parents? This research uses the juridical-normative method and case studies. Data collection is also done with literature and documentation. The results of the study show that first, the consideration of the judges of the Pahang Sharia High Court in determining child custody of their biological parents is because the judge looks at their efforts to get their child back and they have full rights to the child. Second, the consideration of the judge of the Selangor High Court in determining child custody of the adoptive parents is important because the judge stated that the main thing is what is best for the child, and the child's biological parents also have several obstacles to looking after the child. Custody is closely related to the interests of the child and the guardians, if there is an imbalance in custody, then the rights and interests of the child need to take precedence over the interests of the guardians.

CHILDFREE AND ITS RELEVANCE TO 'AZL FROM THE PERSPECTIVE OF TAQIYUDDIN AN-NABHANI Fakhrurrazi M. Yunus; Siti Nurliyana; Azka Amalia Jihad; Aulil Amri; Saifullah M. Yunus
PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH Vol 8 No 2 (2023)
Publisher : LKKI Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/petita.v8i2.235

One of the goals of marriage in Islam is to ensure the continuity of someone’s bloodline. However, recently, a new trend has emerged where married couples agree to live without offspring in their household, which, in essence, is contrary to the purpose of marriage itself. The trend to live without children is also called childfree. Substance-wise, the childfree concept is related to 'azl because both concepts reject a child's existence before any potential for having the child exists. In relation to these contemporary issues, Taqiyuddin an-Nabhani's view on 'azl in his book an-Nizham al-Ijtima' fi al-Islam, is still highly relevant to be used as a focal point for any discussion on such issues. Accordingly, this study aims to examine Taqiyuddin An-Nabhani's views on the legal status of 'azl and its relevance to the current childfree concept. This study is a library research study which relies on a historical approach and utilizes some primary data from the book an-Nizham al-Ijtima' fi al-Islam and other books of hadith. The secondary data sources were obtained from other books, journals, previous research, and digital media. Data were analyzed using qualitative analysis techniques. Based on Taqiyuddin An-Nabhani's view, couples who practice 'azl are allowed to use non-permanent contraceptives in an effort to temporarily prevent pregnancy. Meanwhile, the use of permanent contraceptives to prevent pregnancy, such as tubectomy or vasectomy or the use of other means that can cause permanent infertility is haram (forbidden). These should not be used because they are a form of castration. The relevance between 'azl and childfree lies only in denying the existence of children before they potentially form. If childfree is used to delay having children, then its legal status becomes permissible in line with the ruling of 'azl. However, the practice of childfree where a couple would use permanent contraceptives is catagorized as tabattul, which is unlawful because they clearly aim to stop the continuation of human existence. Abstrak: Tujuan dari pernikahan dalam Islam salah satunya adalah untuk melestarikan keturunan. Namun, belakangan ini muncul pemikiran baru untuk hidup tanpa menghadirkan keturunan dalam rumah tangga, yang pada hakikatnya hal ini bertentangan dengan tujuan perkawinan. Pilihan hidup tanpa anak itu disebut juga dengan childfree. Jika dilihat secara substansi, childfree berkaitan dengan ‘azl, karena sama-sama menolak wujudnya anak sebelum potensial wujud. Menanggapi permasalahan kontemporer tersebut, pandangan Taqiyuddin an-nabhani terhadap ‘azl dalam kitabnya an-Nizham al-Ijtima’ fi al-Islam, masih sangat relevan untuk dikaitkan dengan permasalahan childfree ini. Maka berdasarkan uraian tersebut, penelitian ini bertujuan untuk mengetahui pandangan Taqiyuddin An-Nabhani terhadap hukum ‘azl dan mengkaji relevansi childfree dengan hukum ‘azl berdasarkan pandangan Taqiyuddin An Nabhani. Penelitian ini merupakan jenis penelitian kepustakaan dengan menggunakan pendekatan histori. Penelitian ini menggunakan sumber data primer yang diperoleh dari kitab an-Nizham al-Ijtima’ fi al-Islam dan kitab hadits lainnya. Untuk sumber data sekunder diperoleh dari buku-buku, jurnal-jurnal, dan penelitian terdahulu serta media internet. Data dianalisis dengan teknik analisis kualitatif. Hasil penelitian menunjukkan bahwa berdasarkan pandangan Taqiyuddin An-Nabhani, hukum ‘azl dapat diterapkan pada penggunaan alat-alat kontrasepsi non-permanen untuk mencegah kehamilan secara sementara. Sedangkan pencegahan kehamilan yang bersifat permanen seperti tubektomi atau vasektomi, dan upaya lainnya yang dapat menimbulkan kemandulan permanen, adalah haram. Ini tidak boleh dilakukan karena termasuk salah satu jenis pengebirian. Relevansi antara ‘azl dan childfree hanya terletak pada substansi sama-sama menolak adanya anak sebelum potensial wujud. childfree yang dengan tujuan menunda untuk memiliki keturunan, hukumnya boleh sebagaimana hukum ‘azl. Sedangkan childfree yang menggunakan alat kontrasepsi permanen, maka termasuk dalam tabattul dan hukumnya adalah haram, karena tujuan dari keduanya dapat menghentikan proses keberlangsungan umat manusia. Kata Kunci: Hidup Tanpa Anak, ‘Azl, Taqiyuddin An-Nabhani

Hukum Terhadap Hibah Harta Bersama Kepada Anak Hasil Nikah Siri Aulil Amri; Tajul Iflah
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i1.1675

This article is motivated by the case at the Syar'iyah Court of Banda Aceh in Decision Number 283/Pdt.G/2019/Ms.Bna regarding grants originating from joint assets given to children from unregistered marriages. Even though the property is a joint property between a legal husband and wife obtained during the marriage period with a legal wife, in the property there is still part of the rights of the legal wife or first wife. However, the husband and wife donate the property to the child of the siri marriage without having the permission of the first wife. Therefore, researchers are interested in examining how the fiqh provisions relate to grants of joint property to children resulting from unregistered marriages, why the Panel of Judges of the Banda Aceh Syar'iyah Court rejected the plaintiff's lawsuit against the cancellation of joint property grants to children resulting from unregistered marriages, and what is the basis for the legal considerations. The research methods used are field research and library research. The results of the study state that the provisions in fiqh on the grant of joint property to children resulting from unregistered marriages are valid if there is permission from both parties who own the joint property. If a joint property grant is given to a child resulting from an unregistered marriage without permission from one of the donors, then the grant is invalid, because the condition for the property to be donated must be mil kultam, that is own property may not donate other people's property. The panel of judges at the Banda Aceh Syar'iyah Court rejected the plaintiff's claim against the cancellation of the joint property grant to a child resulting from an unregistered marriage in decision number 283/Pdt.G/2019/Ms.Bna because the case contained a formal defect in which the plaintiff occupied a minor. In Defendant III, minors do not have legal standing as litigants, that is, they do not have legal standing. Therefore, the judge could not accept the case. The plaintiff may re-file a lawsuit for the cancellation of the joint property grant (a new lawsuit) by not placing a minor as defendant III, only then can the judge process the case again.

Determination Of Child Care Rights Between Biological Parents And Adopting Parents Misran Misran; Aulil Amri; Nur Fatin Adila Binti Idereh
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i2.2750

Adoption of children is regulated in the Deed of Registration of Appointment 1952 (Deed 253) for Muslims and non-Muslims and the Deed of Adoption 1952 (Deed 257) for non-Muslims. Among the cases involving the struggle for custody is the one that occurred at the Pahang Sharia High Court, in which the judge handed over a child to his biological parents while the child had been registered under the Deed of Registration of Appointment 1952 (Deed 253). Then, in the case at the Selangor High Court, the judge handed over custody rights to the adoptive parents while the adoption registration was invalid. There are two formulations of the problem in this thesis. Firstly, what are the considerations of the Pahang Sharia High Court judges in determining child custody between biological parents and adoptive parents? Second, what are the considerations of the judges of the Selangor High Court in determining child custody between biological parents and adoptive parents? This research uses the juridical-normative method and case studies. Data collection is also done with literature and documentation. The results of the study show that first, the consideration of the judges of the Pahang Sharia High Court in determining child custody of their biological parents is because the judge looks at their efforts to get their child back and they have full rights to the child. Second, the consideration of the judge of the Selangor High Court in determining child custody of the adoptive parents is important because the judge stated that the main thing is what is best for the child, and the child's biological parents also have several obstacles to looking after the child. Custody is closely related to the interests of the child and the guardians, if there is an imbalance in custody, then the rights and interests of the child need to take precedence over the interests of the guardians.

REVIEW OF ISLAMIC ECONOMIC LAW ON THE PRACTICE OF SAWERIA ON YOUTUBE Muhammad Hafid Siddiq; Muslim; Aulil Amri
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 2 (2021): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v5i2.13

Website platforms can make it easier for people to give alms through their respective gedgets, one of which is Youtube, being one of the most accessed sites both as viewers and as content creators. Youtube has also produced many wealthy people through uploading videos, to cover the declining income, many content creators use crowdfunding so that they can get online donation income by listing donation links in the descriptions of the videos they make. Saweria is here as a crowdfunding website for fundraising and donating online which is being used by many YouTubers in their live streams on YouTube. The ease of using Saweria access can cause problems in the future if it is used incorrectly. The purpose of this research activity was to find out the aspects of Fiqh Muamalah to Saweria practice on YouTube, as well as to find out the ideal setting regarding Saweria practice on YouTube. This research method uses a descriptive method of analysis. This research uses an empirical approach by conducting research using field research and literature research. In crowdfunding transactions it is difficult to know whether the recipient of the funds is a person in the circumstances as described. So is the company profile whether fictitious or true. The opportunity for transactions that use non-identity is actually very possible, The opportunity for transactions that use non-identity identity is very possible. If so it is booked then the contract becomes invalid.

Hukum Keluarga Islam di Arab Saudi: Dinamika, Tantangan, dan Arah Reformasi Hany Khairunnisa Kobat; Maila Lidinia; Nesi Alia Putri; Azmi, Alray Habib; Muhammad Abrar; Aulil Amri
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.266

This journal aims to specifically examine Islamic Family Law in Saudi Arabic, including history, legal sources, and basic matters such as marriage, inheritance, divorce, wills adoption, and waqf. The method used is a literature study of Islamic legal literature and regulation and schools of tought based on the Al-Qur’an and Hadist. The result of study indicate that Arab Islamic Family Law has undergone significant changes, especially since the establishment of the kingdom of Sa’ud Ibn Muhammad Ibnu Mukran. However, challenges still exist in society, public understanding, and critism of sereval provisions that are considered gender biased. Legal reform and contextualization are still needed so that Islamic family law can provide more equitable justice for all Muslims In Saudi Arabia. Local people tend to follow the Imam Hambali and Sunni schools of tought, this is why the are differences in every challenge that occurs in society.the exictence of regulation on marriage provides certainty, maintains sharia so that it is maintained, creates order, and maintains stability in the household. This reflects the existing values that remain in sync with the very strong and diverse Saudi Arabian culture, especially regarding the rights and obligations of men and women in building a household. The legal system used still uses both traditional and modern legal system.

Handling Cases of Child Sexual Abuse from an Islamic Legal Perspective (Case Study at DP3A Banda Aceh) Nada Adzkia; Fakhrurrazi M. Yunus; Aulil Amri
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.482

The protection of children is a fundamental aspect of Islamic teachings, especially in terms of sexual violence that touches on issues of morality, dignity, and humanity. Islam strictly prohibits adultery and actions that lead to it, including sexual abuse of children. A severe issue that persists in Indonesia is sexual violence against minors, including in Banda Aceh City, with various forms ranging from harassment to rape. Children who should receive protection actually become victims in their immediate environment, such as family, neighbours, and even peers. Through a case study at DP3A Banda Aceh, this study seeks to examine how situations of sexual abuse against children are handled from the standpoint of Islamic law. Data were gathered through observations, interviews, and literature reviews from books, journals, rules and regulations, and Qur'anic verses using a legal sociological method and a normative-empirical juridical approach. The study was descriptive and qualitative in nature. According to the study's findings, DP3A Banda Aceh plays a significant role in providing social recovery, legal support, and psychological support to victims of sexual assault against minors. However, this effort still faces various challenges, such as minimal reporting of cases, social stigma against victims, and limited human resources and coordination between institutions. In the context of Islamic law in Aceh, handling this case requires a comprehensive approach, integrating religious values, local customs and the national legal system to give children, the country's future generation, the best possible protection.

Tinjauan Maqasid Syariah terhadap Penolakan Hakim dalam Gugatan Hak Asuh Anak bagi Ayah ataupun Ibu Ramadan, Putra; Badrul Munir; Aulil Amri
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1674

The implementation of maqasid al-shariah in child custody cases at the Banda Aceh Sharia Court reflects a paradigm shift from a textual application of Islamic law toward a contextual approach that prioritizes the welfare of the child. The analysis of three judicial decisions reveals that judges integrate the principles of protecting life (hifz al-nafs), lineage (hifz al-nasl), and intellect (hifz al-‘aql) into their legal reasoning. This interpretive approach produces a balance between normative and substantive justice, portraying Islamic law as a humane and context-sensitive system within the dynamics of modern family life. The application of maqasid al-shariah in Aceh’s family courts demonstrates that Islamic law possesses the flexibility to address contemporary human concerns while preserving its theological integrity. Consequently, the maqasid-based adjudication paradigm offers an alternative model for Indonesia’s Islamic legal system—one that harmonizes scriptural principles with social realities and ethical objectives.

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