Claim Missing Document
Check
Articles

Found 30 Documents
Search

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.
Menggali hukum perkawinan yang melakukan kecurangan Arini, Nusra; Asmuni, Asmuni; Yuslem, Nawir
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 1 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020242604

Abstract

Marriage registration is important for the validity of a marriage because it will provide legal protection and guarantee the rights arising from marriage. Marriages with falsified registration as in this study are sirri marriages where the husband and wife consciously take legal action in the form of forging marriage books. This paper describes the problems, firstly marital status with its falsified recording from the perspective of positive law and Islamic law. Second, the judge's legal considerations. Third, legal protection of rights arising from marriages without registration. The research method used is analytical descriptive. The results of the study show that: First, marital status with falsified records from the perspective of positive law and Islamic law (in this case the Compilation of Islamic Law) is valid and has legal force. However, there are negative implications for the non-fulfillment of the wife's rights as a result of divorce, if the excerpt of a marriage certificate that has been decided by the District Court has no legal force/fake is used as evidence in a divorce case at the Religious Court. Second, the Judge at the Religious Court in his legal considerations stated that even though the marriage certificate was fake, this certificate was made consciously and is known together. The Mataram District Court Judge in his legal considerations was a decision regarding an alleged unlawful act in the form of a fake marriage certificate, not a decision that annulled the marriage. As for marriages carried out without registration, the state cannot provide legal protection unless there is material truth that can be proven in court.
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.
Productive Waqf with Money (Cash Waqf) in the View of the Acehnese Dayah Scholars Anwar, Anwar; Yuslem, Nawir; Syam, Syafruddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2416

Abstract

This study focuses on exploring the views of the dayah scholars in Aceh and the dynamics behind their different views on cash waqf which are becoming popular in Indonesian society. Designed in the form of a qualitative research, research data were collected through in-depth interviews with 8 prominent dayah scholars in Aceh, who were selected purposively. The eight scholars who were used as key informants for this research were charismatic scholars who were always used by the people of Aceh as the mecca of legal fatwas. Data were also collected through repeated observations to research sites and document studies related to the topic being researched. The results of the study show that the dayah scholars in Aceh have different views in executing the law allowing cash waqf. This difference occurs because each scholar has a different perspective in understanding the source of waqf law, both in terms of text and context. In the end, this study argues that the view of the dayah scholars regarding cash waqf which has been very textual in nature, must be shifted to contextual, so that the implementation of cash waqf is carried out properly as an effort to improve the welfare of the Acehnese people.
Factors Supporting The Position And Role Of Minangkabau Women In Resolving Heritage Conflicts In West Sumatra Mahardinata, Imam; Yuslem, Nawir; Asmuni, Asmuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3334

Abstract

Conflict resolution of heritage is a problem that often occurs in Indonesian society. This conflict usually occurs due to disagreements in dividing inherited property between family members. In West Sumatra, Minangkabau women are essential in resolving inheritance conflicts. This article will explain the factors that support the position and role of Minangkabau women in resolving heritage conflicts in West Sumatra. This research is empirical legal research or (socio-legal research) with socio-empirical studies with qualitative research. The approach method used in this study is part of legal pluralism (mix or mix), including philosophical, sociological, phenomenological, and legal anthropological approaches. This article aims to provide an understanding of the role and position of Minangkabau women in resolving heritage conflicts in West Sumatra. The factors that support their role are Economic, Educational, Psychological, and Social factors. It is hoped that this article can provide a better insight into the importance of the role of women in resolving inheritance conflicts, as well as provide proper recognition for Minangkabau women for their contributions to society