Claim Missing Document
Check
Articles

Found 20 Documents
Search

Dimensi Fikih Moderat dalam Putusan Hakim atas Perceraian yang Disebabkan Penyalahgunaan Aplikasi Karaoke Online Diana Wati, Erlin; Muhammad Wahib; Faisal; Abdul Aziz Harahap
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 1 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i1.5613

Abstract

This study is oriented in identifying the dimensions of moderate jurisprudence values in the judge's decision on divorce caused by the misuse of online karaoke applications in case number 400/Pdt.G/2021/PA. Jpr at the Jayapura Religious Court. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative-empirical law related to the theory of moderate jurisprudence initiated by Quraish Shihab. The results of the study concluded that moderate and comprehensive legal considerations related to polemics on marriage cases caused by digital developments were reviewed from several factors, including; First, the value of fiqh al-maqasid. In the basis of divorce law rulings which refer to the difficulty of the potential realization of marriages that are sakinah, mawaddah, wa rahmah. Second, the value of fiqh al-awlawiyat in the basis of divorce law rulings which emphasizes the consideration of priority scales to avoid damage rather than attracting benefits when the marriage is maintained. Third, the value of fiqh al-muwazanat in the basis of divorce law decisions that emphasize greater benefit by choosing the path of divorce. Fourth, the value of fiqh al-maa'lat in the basis of legal rulings that can have social implications for the realization of the benefits of married life in the digital era
Protection of Minors Who Are Victims of Child Trafficking (Human Trafficking) Harahap, Abdul Aziz; Hasanah, Uswatun
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 5, No 1 (2024): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v5i1.21485

Abstract

Human trafficking is a transnational crime that is often committed across national borders. The victims also vary and it is not uncommon for children to be targeted as victims of this crime. The method in this research is normative research aimed at knowing the forms of legal rules, legal principles, and legal doctrines to answer the issues at hand to be imposed on the perpetrators of this human trafficking crime. And to find out also what kind of protection and assistance will be obtained by children who are victims of the crime of human trafficking in accordance with the laws and regulations in force in Indonesia.
ASAS PUTUSAN HAKIM DALAM PERKARA PEREMPUAN BERHDAPAN DENGAN HUKUM DI INDONESIA: PERSPEKTIF CEDAW Arrasyid, Fuazan; Harahap, Abdul Aziz
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 1 (2022): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v1i1.325

Abstract

Discriminatory treatment and gender stereotypes often adversely affect the accessibility of legal justice for women. This study aims to identify the dimensions of gender equality in the principle of judges' decisions contained in Supreme Court Regulation Number 3 of 2017 in the perspective of the Convention the Elimination of all Forms of Discrimination againt Women (CEDAW). This normative legal research uses a philosophical approach. The results of this study show that in terms of the CEDAW perspective, there is a mainstreaming of gender equality in various principles of judges' decisions on women's cases in Indonesia. First, the substantive dimension of equality in the principle of gender equality and equality before the law. Second, the dimension of non-discrimination in the principle of humanity and expediency. Third, the dimensions of state obligations in the principles of justice, non-discrimination and legal certainty.The theoretical implications of the findings of this study show various CEDAW principles have actually been manifested in various principles of judges' decisions on women's cases in Indonesia.
A COMPARATIVE STUDY OF MEDIATION OF DIVORCE CASES THROUGH LITIGATION AND NON-LITIGATION IN INDONESIA Muhammad Jamil; Erman Gani; Alfiandri Setiawan; Abdul Aziz Harahap
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1264

Abstract

This qualitative study aims to conduct a comparative study of the mediation process of divorce cases through litigation with non-litigation This study is a qualitative research with a comparative approach. Primary data sources include Peraturan Mahkamah Agung Republik Indonesia Nomor 2 Tahun 2003 tentang Prosedur Mediasi di Pengadilan, PERMA Nomor 1 Tahun 2008 tentang Prosedur Mediasi di Pengadilan dan PERMA Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan. Data collection through documentation. The results of the study concluded that there are various competitive aspects related to the mediation of divorce cases between non-litigation and litigation, including flexibility, speed, confidentiality, whether or not a lawyer needs to help, costs, whether or not the relationship can be maintained, the right holder to carry out the procedure and the content of the settlement. Thus, praxis, mediators, both non-litigation and litigation, should first provide socialization to the parties to the husband and wife in dispute.
Islamic Legal Thinking on the Fidyah Tradition of Death in the Barumun Community Harahap, Abdul Aziz
TATHO: International Journal of Islamic Thought and Sciences Volume 2, Issue 2 (2025)
Publisher : International Tatho Academics

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70512/tatho.v2i2.81

Abstract

The practice of fidyah is generally performed during the month of Ramadan according to the views of the scholars of the school of thought, but it can also be performed after the month of Ramadan. The criteria for those who fulfill fidyah also have stipulations, namely: the elderly, the severely ill, and pregnant and nursing mothers. The uniqueness that occurs in Barumun society is that fidyah is fulfilled by the heirs when the deceased passes away. This research discusses the practice of fidyah carried out by the Barumun community using the field research method and a descriptive-analytical approach. The results of this study indicate that the practice of fidyah among the Barumun community historically originates from Sheikh Ahmad Zein Hasibuan, who propagated this practice in his teachings. However, what Ahmad Zein explained was the practice of fidyah for fasting, not fidyah for prayer. Therefore, according to Islamic law, this practice is considered permissible by some muallim in Barumun sub-district. This research confirms that the practice of Islamic law can experience theoretical and practical developments along with the development of the literacy construction of Muslim religiosity.
Peningkatan Keterampilan Guru melalui Media Pembelajaran Berbasis Android di SMP Plus Kasih Ibu Harahap, Rofiqoh Hasan; Novika, Sutri; Harahap, Abdul Aziz; Isnan Nisa; Harahap, Dahlia; Sidabutar, Fini Yanti
JURIBMAS : Jurnal Hasil Pengabdian Masyarakat Vol 4 No 1 (2025): Juli 2025
Publisher : LKP KARYA PRIMA KURSUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62712/juribmas.v4i1.454

Abstract

Kegiatan pengabdian ini dilatarbelakangi oleh rendahnya keterampilan guru dalam memanfaatkan media pembelajaran berbasis teknologi di SMP Plus Kasih Ibu. Tujuannya adalah meningkatkan keterampilan guru dalam membuat dan menggunakan media pembelajaran berbasis Android. Metode yang digunakan adalah sosialisasi dan pelatihan yang melibatkan 14 guru sebagai peserta. Evaluasi dilakukan melalui pre-test dan post-test menggunakan kuesioner. Hasil menunjukkan peningkatan skor rata-rata dari 38,86 menjadi 70,14, yang mencerminkan peningkatan pemahaman sebesar 80,51%. Kegiatan ini memberikan dampak positif terhadap peningkatan keterampilan digital guru dan kualitas pembelajaran di kelas.
Urgensi Kebijakan Sebagai Upaya Pencegahan Judi Online di Perguruan Tinggi Berdasarkan Konsep Maslahah Ramadi, Bagus; Panjaitan, Budi Sastra; Harahap, Abdul Aziz
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10955

Abstract

Online gambling cases are found not only in the general public but also in the educational environment. Educational institutions have become a paradox between the advancement of knowledge, morals and behavior of some of their students. As a result, there needs to be action taken by the government to prevent similar incidents from occurring in other educational institutions. The government is considered urgent to use policy instruments to stop online gambling in educational institutions, especially in universities (campuses). This qualitative research uses normative research with a statue approach. Using the literature method (library research). The data of this research is analyzed qualitatively, namely secondary data in the form of theories, definitions and substance from various literatures, and laws and regulations, as well as primary data obtained from literature studies, then analyzed with relevant laws, theories and expert opinions to formulate the benefits. The results showed that the impact caused by this online gambling game is very significant, including a bad stimulus for the Higher Education environment, namely the lack of interest or motivation to study for students, worsening the economy such as debt and decreasing spiritual or religious observance. In addition, it affects psychologically due to defeat, impaired health and triggers acts of criminality such as stealing and cheating.
Tinjauan Aksiologi Terhadap Pensyariatan Iddah Perspektif Psikologi Hukum Keluarga Hasanah, Uswatun; Harahap, Abdul Aziz
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.13051

Abstract

Iddah in Syara’ for divorced women is not just a waiting period, but an important process that must be passed to achieve ultimate peace, both mentally and physically. This research aims to trace the complex stages that women go through during the Iddah period, using field research methods with a descriptive analysis approach. The results show that the Iddah period serves as a means of psychological tranquillization in line with the principles of shara'. This process can be successful if the woman is patient and stays away from proposals that are contrary to sharia, as explained in the texts of the Qur'an and Sunnah. Therefore, women are encouraged not to put on makeup and to observe a period of mourning, as a form of devotion and an effort to get closer to Allah SWT.
Analysis of Fatwa Regarding Sharia Credit Cards and Their Relevance to the Development of Islamic Banking in Indonesia and Bahrain Ramadhan, Suci; Rambe, Toguan; Hasibuan, Badai Husain; Harahap, Abdul Aziz
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.23425

Abstract

This research aims to analyze fatwas on Sharia credit cards and their relevance to the development of Islamic banking in Indonesia and Bahrain. This qualitative study uses a text and context approach. The main data used are fatwas from DSN-MUI and the Sharia Supervisory Board of Bank Islam Bahrain regarding Sharia credit cards, supported by books, scientific articles, and reports on the development of Islamic banking. Data were collected through documentation techniques and analyzed using descriptive analysis. This study concludes that Sharia credit cards, as outlined in the fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) and the Sharia Supervisory Board of Bank Islam Bahrain (SSB-BIsB), are permissible as transaction tools based on legal principles, contract provisions, wage and service provisions, penalties, and limits in accordance with Sharia principles. Specifically, in Bahrain, fatwas must refer to the standards of the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI). Currently, the use of Sharia credit cards in Bahrain is experiencing significant growth, while in Indonesia, public interest in using Sharia credit cards remains relatively low. The findings of this research can serve as policy studies for fatwa institutions and Islamic banking to enhance the growth of Sharia credit cards as a Sharia financing instrument for the public, particularly in Indonesia.
Shopee Pay Later User Perceptions Of Impulse Buying Behavior Hasibuan, Laila Kalsum; Siregar, Winda Anriani; Harahap, Abdul Aziz
At-tijaroh: Jurnal Ilmu Manajemen dan Bisnis Islam Vol 9, No 2 (2023): DESEMBER 2023
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/tijaroh.v9i2.8839

Abstract

The purpose of this study is to see the influence of perceived convenience, perceived benefits, and perceived risk on impulsive buying behavior among students at the Faculty of Economics and Islamic Business, UIN Syekh Ali Hasan Ahmad Addary Padangsidempuan. This study uses a quantitative approach. The results of this research are that simultaneously, convenience, benefits, and risks have a significant effect on impulsive buying behavior. Partially, convenience has a positive and insignificant effect on impulsive buying behavior. Partially, benefits do not have a significant effect on impulsive buying behavior. Partially, risk has a positive and significant effect on impulsive buying behavior.