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Analysis of Maqāshid Sharī’a on Substitute Heir in Compilation of Islamic Law (KHI) Saniah, Nur; Yuslem, Nawir; Matsum, Hasan
al-'adalah Vol 20 No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16062

Abstract

This study analyzes the application of maqāshid sharī’a (objectives of shari'a) regarding substitute heirs as outlined in article 185 paragraphs 1 and 2 of the Compilation of Islamic Laws the research aims to find out the philosophical basis of maqāshid sharī’a regarding the importance of giving inheritance to substitute heirs. This research is a normative legal research that uses a philosophical approach. Data were collected using literature techniques, then analyzed descriptively qualitatively through maqāshid sharī’a theories. This study shows that the determination of inheritance for substitute heirs in Article 185 is important to realize because it contains many maslahah (benefits) both sociologically and psychologically. The philosophical foundation of maqāshid sharī’a in inheritance for substitute heirs is not only limited to protecting assets (hifzd al-māl) but also to improving their quality of life (tanmiyah al-nasl wa al-māl). Substitute heirs are not enough just to be given assets, they also need care and affection from their extended family. Viewed from the maslahah position, giving inheritance to substitute heirs to improve their quality of life is included as maslahah dharūriyah (urgent needs).
Studi Living Hadis Kebiasaan Membaca Surat al-Mulk Setiap ba’da Salat Isya di Masjid Al-Mukhlisin Perumnas Mandala Ikhsan, Muhammad Fazaru; Yuslem, Nawir
Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Vol. 11 No. 2 (2025): Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/alwatzikhoebillah.v11i2.4049

Abstract

The tradition of practicing hadith in daily life is a manifestation of living hadith, demonstrating the connection between normative texts and the religious practices of Muslim communities. One concrete manifestation of this phenomenon is the habit of reciting Surah Al-Mulk after every Isha prayer, consistently practiced by the congregation of the Al-Mukhlisin Mosque in Perumnas Mandala. This habit is interesting to study because it reflects the internalization of hadith-based Islamic values, particularly those related to the virtue of Surah Al-Mulk in providing intercession and protection in the grave. This study aims to determine the form of implementation, motivation, and spiritual and social values contained in this habit. The method used is a qualitative living hadith approach through participatory observation, in-depth interviews, and documentation of practitioners. The results show that the habit of reciting Surah Al-Mulk is carried out in congregation after Isha prayer, led by an imam or appointed congregation. This activity is not only an individual act of worship, but also strengthens Islamic brotherhood among congregants, increases enthusiasm for Quranic study, and serves as a means of collectively internalizing the Prophet's teachings. The majority of congregants stated that this practice fosters a sense of calm, increases spiritual motivation, and serves as a role model across generations, especially for children and adolescents. In conclusion, this practice reflects a living hadith that strengthens the spiritual, social, and educational dimensions of religious life and is worthy of development in other mosques as part of cultivating Quranic values.
Legal Policies for the Protection of Children's Rights After Divorce: A Comparative Study of Malaysia, Singapore, and Indonesia Qadriah, Fauza; Yuslem, Nawir; Yadi Harahap, Mhd.
International Journal of Artificial Intelligence Research Vol 9, No 1.1 (2025)
Publisher : Universitas Dharma Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v9i1.1.1560

Abstract

Divorce has a significant impact on children, particularly concerning the fulfillment of their custody, financial support, and psychosocial well-being. This study analyzes legal policies on the protection of children's rights after divorce in indonesia, malaysia, and singapore through a comparative law approach. Using normative and empirical juridical methods, this research examines existing legal regulations and the effectiveness of their implementation based on court case data, divorce statistics, and interviewxs with legal experts. The findings indicate that while all three countries have regulations ensuring children's rights post-divorce, gaps remain in their implementation. In indonesia, weak enforcement mechanisms for child support lead to many children losing their financial entitlements. Malaysia’s dual legal system (sharia and civil) sometimes delays the execution of child support rights. Meanwhile, singapore has developed an integrated system with a therapeutic justice approach, including mandatory mediation and more effective enforcement mechanisms. This study recommends establishing a child support enforcement unit in indonesia, harmonizing legal procedures in malaysia, and enhancing psychosocial support programs in singapore. Legal reforms incorporating best practices from these three countries are expected to improve the protection of children's rights after divorce.
The Inclusion of Ulema in the Aplication of Islam Nusantara Law for the Aceh Community Muhammad Yusuf, Januddin; Yuslem, Nawir; Tanjung, Dhiauddin
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1428

Abstract

Islam Nusantara is recognized as an ideology that advocates the application of fiqh law while accommodating cultural and traditional values. In the contemporary evolution of religious comprehension, particularly in Aceh, the local community perceives cultural manifestations in worship as misguided. Therefore, the introduction of Islam Nusantara concept aims to rectify these misconceptions through cultural adjustment with Sharia, commonly referred to as Islamization. Considering these challenges, the role of ulemas should be examined by implementing and practicing fiqh law in the Aceh community. Furthermore, this study adopts qualitative and descriptive normative methods. Data are derived from a comprehensive literature review, interviews, and observations, and subjected to qualitative data analysis methods. The results show that fiqh practices in Aceh are always based on the fatwa of ulemas to provide legality of carrying out these practices. The inclusion of ulemas is indispensable to ensure the conformity of new cultural teachings with the established legal framework.
Acehnese Dayah Ulama's Response to the Use of 'Urf in Istinbath of Fiqh Law from Islam Nusantara Yusuf, Januddin Muhammad; Yuslem, Nawir
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5732

Abstract

This study aims to find the reaction or response of Acehnese dayah scholars (ulama) to the use of ‘urf in istinbath of Fiqh Law from Islam Nusantara. This study departs from the fact that Islam is a religion of rahmatan lil’alamin as a universal religion, and the development of society in Indonesia has a growing variety of cultures, thus requiring a special fiqh methodology in adapting culture to religion. This research is a field research with a descriptive qualitative research type. Data collection techniques using documentation, observation and interview techniques. The interviewees came from several dayah clerics who are members of several Islamic organizations such as the NU organization, the MPU organization, the HUDA organization, and the Tastafi Aceh organization. The results of the study show that the response of Islamic religious scholars in Aceh to the use of ‘urf in istinbath fiqh law of Islam Nusantara, some accepted and some refused. Those who refused reasoned that the use of ‘urf fashid is not in accordance with the Shari'a and leads to shirk as is customary of peulheuh alen, rabu abeh in Acehnese society. While the use of ‘urf shahih, Islamic religious scholars in Aceh accept it because it does not conflict with the Shari'a like khanduri blang because it is included in the generality of the argument for charity. Thus, it can be concluded that the istinbath method of Islam Nusantara fiqh law can be accepted and has its legality according to Acehnese Islamic scholars when using ‘urf shahih. The findings of this study contribute to the fact that customary practices need to be preserved if they do not conflict with Shari'a.
Strategy For Strengthening Business Incubators As Establishment Of Entrepreneurship Using The Anp Model In Private Higher Education In North Sumatera Yuslem, Nawir; Nawawi, Zuhrinal M; Dahrul, Siregar
Edukasi Islami: Jurnal Pendidikan Islam Vol. 11 No. 03 (2022): 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.v11i03.4172

Abstract

The high level of educated unemployment is the responsibility of Universities to have a sustainable business by implementing mentoring and strengthening new entrepreneurial institutions, namely through the Business Incubator. The problems found in this research internally come from regulations, lecturers, digitization and infrastructure, while external problems come from problems with the partner network, environment and funding. Based on the results of the research that has been done, regulatory issues are a top priority in the strategy for strengthening entrepreneurship as a form of business incubator for private tertiary institutions in North Sumatra with a score of 0.298. Furthermore, the second priority problem is the problem of facilities and infrastructure with a value of 0.1197. Furthermore, the third priority problem is facilities and infrastructure with a value of 0.1196. In determining the order of priority, respondents have an agreement (W) of 0.024.  
Optimizing the Roles of Posbakum and Islamic Organizations in Medan City for Child Victims of School Violence Lubis, Syofiaty; Yuslem, Nawir; Panjaitan, Budi Sastra; Afendi, Hazrul
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2954

Abstract

This research relates to optimizing the role of Medan City Islamic Organization legal aid posts in providing legal assistance to child victims of school violence. It is a socio-empirical legal study in the category of sociological-empirical research using a qualitative approach. The research focuses on social and legal phenomena in society, specifically the role of Islamic mass organization legal aid posts in Medan City in providing legal assistance to child victims of school violence. Data were collected through interviews with the Medan City Islamic Organization Posbakum and analysis of Law Number 23 of 2002 concerning Child Protection, as well as from legal materials providing explanations of primary legal materials obtained through literature studies related to the research problem. The research results show that the implementation of the Aisyiyah Legal Aid Post (Posbakum) in the North Sumatra region can help provide legal assistance for child victims of school violence by offering consultation, legal aid, and advocacy. However, to provide more optimal legal assistance, efforts are still needed to improve the quality and quantity of resources owned by Posbakum Aisyiyah. Furthermore, the active role of all parties, especially the government and society, is crucial to support the optimization of Posbakum Aisyiyah's implementation and enhance legal protection for child victims of school violence.
Analisis Hukum Syuf’ah dalam Mazhab-Mazhab Fikih Dermawan, Haris; Yuslem, Nawir; Zen, Akhyar
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.8995

Abstract

Syuf'ah is a legal institution in transactions aimed at protecting joint owners from potential losses resulting from the transfer of rights to third parties. This article examines the views of Islamic jurisprudence schools regarding the subject, object, and conditions for implementing syuf'ah, and analyzes the similarities and differences in the opinions of scholars. This research uses a juridical-normative method through a literature review of hadith evidence and the opinions of jurists. The study results show that all schools of thought agree on the validity of syuf'ah based on authentic hadith. This similarity of opinion is evident in the basic requirements of syuf'ah, namely joint ownership, an undivided object, immediate demand, and payment at the same price. Differences of opinion arise in determining the subject and object of syuf'ah, particularly regarding the extension of rights to neighbors and the scope of property, which are influenced by differences in istinbath methods, particularly the use of qiyas. This study confirms that the differences between schools of thought are methodological and do not eliminate the main objective of syuf'ah as an instrument to maintain public welfare, legal certainty, and justice in joint ownership.
Analysis of the Legitimacy of the Istisnā' Contract from the Perspective of Mu'āmalah Verses and Hadith Ahmad, Upi Sopiah; Yuslem, Nawir; Zein, Achyar
IJoIS: Indonesian Journal of Islamic Studies Vol. 6 No. 2 (2025): Indonesian Journal of Islamic Studies
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.v6i2.1260

Abstract

Contract istisnā’ is one of the form contract transaction Which functioning important in transaction production based order, okay in context jurisprudence classic and practice contemporary Islamic economics. Although no mentioned in a way explicit as contract alone in the Qur'an and hadith, legitimacy contract istisnā ' built through generality arguments transaction as well as mechanism istinbā ṭ the law of the fuqahā’. This article aim for analyze legitimacy contract istisnā' in perspective verses and hadiths transaction with use approach ushul fiqh . Research This is study normative Islamic law with method literature (library research), which is based on verses of the Koran, hadith of the Prophet ﷺ , books of tafsir, hadith, fiqh, as well as literature ushul jurisprudence classic and contemporary. Analysis done through study dalālah word verse, analysis’ god hadith, as well as review difference method istinbā ṭ law between sect jurisprudence. Research results show that legitimacy contract istisnā' can confirmed through generality word verses transaction, like order fulfill contract (QS. al- Mā'idah: 1), permissibility sell buy (QS. al-Baqarah: 275), principle clarity transactions (QS. al-Baqarah: 282), as well as prohibition cheating (QS. al- Mu ṭ affifīn: 1-3), which is reinforced by the hadiths of the Prophet ﷺ about contract greetings and practice booking. Difference view between sect jurisprudence related contract istisnā’ reflect difference approach ushul jurisprudence in understand evidence and reality transaction. In a way overall, research This confirm that contract istisnā ' is contract transaction which legitimate in a way sharia and relevant for implemented in practice contemporary Islamic economics during fulfil principles the basis of sharia and maqā ṣ id al- sharī' ah.
The Concept Of Musyarakah In Ahkam Tafsir And Hadith Ritonga, Marataon; Yuslem, Nawir; Jamil, M
Al-Fikru: Jurnal Ilmiah Vol. 19 No. 2 (2025): Desember (2025)
Publisher : STAI Serdang Lubuk Pakam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51672/alfikru.v19i2.874

Abstract

Musyarakah is one of the cooperative agreements in Islamic economics that has a normative basis in the Qur'an and hadith. However, differences in interpretation of the verses of ahkam and the quality of the hadith used as a legal basis often lead to debates in the determination of laws and their implementation in contemporary sharia economic practices. The main issue in this study is how the basis of interpretation and hadith ahkam on musyarakah and the methods of istinbat law used by scholars in determining its permissibility. This study uses a qualitative method with a normative-doctrinal approach through library research, analyzing verses from the Qur'an, hadiths on muamalah, books of tafsir ahkam, and classical and contemporary fiqh literature. The results of the study show that musyarakah has strong shar'i legitimacy, even though some of the arguments are implicit and require contextual interpretation. Authentic hadith and hadith whose sanad are disputed substantially emphasize the importance of honesty, trustworthiness, and fairness in business cooperation. The differences in views among the madhhabs regarding musyarakah are methodological in nature and do not negate its permissibility. With the maqāṣid al-syarī‘ah approach, musyarakah remains relevant and applicable in modern Islamic economics as long as it is carried out in accordance with the principles of justice and shared responsibility.