Claim Missing Document
Check
Articles

Kafālah Perspektif Tafsir dan Hadis Aḥkām: Analisis Normatif dalam Fikih Muamalah Kontemporer Muhibbussabry; Jamil, M.; Yuslem, Nawir
Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Vol. 12 No. 1 (2026): 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.v12i1.4858

Abstract

Kafālah is a guarantee contract in muamalah fiqh that serves to maintain legal certainty and protect rights in transactions, while also reflecting social responsibility and economic solidarity. In contemporary Islamic finance practices, the application of kafālah often emphasizes technical and operational aspects rather than strengthening its normative foundations, thus giving rise to the need for comprehensive normative studies. This article analyzes the concept of kafālah through an integrative approach of tafsir and hadith aḥkām, and affirms its position in fiqh muamalah as a tawthīqī contract. This study uses a normative-qualitative method with an approach of tafsir aḥkām, takhrij and analysis of hadith aḥkām, as well as a study of istinbāṭ law by classical and contemporary fuqaha. The results of the study show that kafālah has strong shar‘i legitimacy in the Qur'an and Sunnah, and is consistently constructed as an accessory guarantee contract without removing the liability of the principal debtor. From the perspective of maqāṣid al-syarī‘ah, kafālah generally falls within the realm of ḥājiyyāt, but in certain contexts it can rise to the level of ḍarūriyyāt. This study strengthens the normative framework of kafālah and provides a conceptual basis for the development of sharia guarantee instruments that are fair and oriented towards public interest.
EFEKTIVITAS SANKSI QANUN NOMOR 6 TAHUN 2014 TENTANG TINDAK PIDANA KHAMAR, MAISIR KHALLWAT, ZINA, DAN DAMPAKNYA TERHADAP PERILAKU MASYARAKAT KOTA SUBULUSSALAM Zakirun, Zakirun; Yuslem, Nawir
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.11919

Abstract

This research aims to describe the discussion which is formulated in three questions, namely: 1. How is the implementation of Qanun sanctions against the acts of the Khamar, Maisir, Khalwat, and Adultery pidan? 2. How is the implementation of socialization and implementation of Qanun sanctions number 6 of 2014 in the City of Subulussalam? 3. What is the impact on the behavior of Subulussalam City community after the imposition of Qanun sanction number 6 of 2014? This type of research is included in a qualitative descriptive study using the Statute Approach (statutory approach). Data sources from this study were divided into two sources namely primary data sources obtained from interviews with several informants in the field. And Secondary data sources namely data sources obtained through literature study include books, archives, and regulations that are arranged systematically. In general, this study found that Qanun sanction number 6 of 2014 concerning the criminal acts of Khamar, Maisir, Seclusion, and Adultery was already good by regulation. Seen from the rules and sanctions that are complete, as well as the implementation. However, the implementation is still very lacking. This is evidenced by the large number of cases that are not handled. Likewise, the community's knowledge and awareness about qanun sanctions is also very weak, this is caused by the lack of socialization conducted by the Ulama Consultative Council (MPU), Islamic Sharia Service (DSI), SATPOL-PP and WH. As a result, the Jinayat Qanun sanction No. 6 of 2014 did not have an impact on the behavior of the people of Subulussalam City (ineffective). Keywords: Effectiveness, Qanun Sanction, Impact, Behavior.
KEDUDUKAN DAN PERAN PEREMPUAN SEBAGAI KEPALA KELUARGA MENURUT HUKUM ISLAM (Studi terhadap Kelompok Pemberdayaan Perempuan Kepala Keluarga-PEKKA di Kabupaten Asahan) Nawir Yuslem, Sukiati, Andri Nurwandi,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (365.703 KB) | DOI: 10.7006/attafahum.v2i1.5107

Abstract

Abstract: The role of women is increasingly widespread, one of them being the role of substitute as the backbone of the family or the head of the family. Some of the women who played this role received a negative response from the community because of taboo. This happens because the majority of people still understand that women can only play a role in domestic matters. Unlike in Asaha Regency there are groups of women as family heads (PEKKA). This role is in conflict with KHI and Law no. 1 year 74 states that "men as heads of families and women housewives" then from this paper the author tries to examine through the perspective of Islamic law in order to know the role of women as heads of families, the implementation of duties as female head of household and the success of women as family heads according to Islamic law perspective. This study is a field research (field research) conducted by a qualitative approach method. The nature of the research used in this thesis is descriptive analytic. The data source of this study consists of primary data and secondary data. Primary data was collected from research informants, by conducting interviews and observations, while secondary data is obtained through documentation studies. From the results of the study it can be concluded that the role of women as family heads in the Asahan PEKKA group is the main breadwinner to take decisions and policies for various reasons. As well as acting as a protector for the family and doing the work of the husband, helper, spouse.Keywords: Women, family heads, PEKKA, Asahan,
IMPLEMENTASI NAZHIR DAN AKTA WAKAF PADA KECAMATAN HUTA BARGOT KABUPATEN MANDAILING NATAL DITINJAU DARI KOMPILASI HUKUM ISLAM DAN UU NO 41 TAHUN 2004 Ramadhan Sahmedi Siregar, Ahmad Rosidi, Nawir Yuslem,
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (601.219 KB) | DOI: 10.7006/attafahum.v3i1.6769

Abstract

Abstract: Nadzir in compilation of Islamic Law and Law Number 41/2004 are very important, because, nadzir is the one who has the right to receive waqf when it is submitted and in the name of nadzir, waqf is registered. Third, Nadzir has function to administer, manage, develop, control, protect the properties of waqf, and to report the implementation of duties to BWI. The endowment deed evidence of an asset is endowment. Because of the Huta Bargot community did not know the provisions of nadzir and the endowment deed itself so that it formed into a habit. It categorized as urf sahih (habits that do not violate syari'ah).Keywords: waqf, nadzir, endowment deed, Huta Bargor sub districtPendahuluan
STRATEGI BAITU AL-MÁL DALAM PENGELOLAAN ZAKAT MÁL UNTUK PEMBERDAYAAN MASYARAKAT MUSLIM DI KECAMATAN SEI BAMBAN Ramadhan Syahmedi Siregar, Sarwedi Gultom, Nawir Yuslem,
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (407.306 KB) | DOI: 10.7006/attafahum.v3i1.6764

Abstract

Abstact: The purpose of this research is to find out how are thestrategy of Baitū al-mal the sub-regency Sei Bamban inmanaging zakat, infaq, and shadaqah to collect and distributezakat fund, infaq, and shadaqah from muzakki for the moslemcivil by Islam law perspective. This research used thequalitative method. This research was placed at the subregencyof Sei bamban. The technique for the data collectingused the documentation, interview and observation. Thetechnique for data collecting used data reduction, dataavailable and conclusion. The source data used for usingprimary source and secondary source. The research showedthe strategy are; a) the collecting and distribution of zakat,infaq, and shadaqah from muzakki by baitu al-m
EFEKTIVITAS SANKSI QANUN NOMOR 6 TAHUN 2014 TENTANG TINDAK PIDANA KHAMAR, MAISIR KHALLWAT, ZINA, DAN DAMPAKNYA TERHADAP PERILAKU MASYARAKAT KOTA SUBULUSSALAM Hafsah, Zakirun, Nawir Yuslem,
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.078 KB) | DOI: 10.7006/attafahum.v3i1.6770

Abstract

Abstract: This research aims to describe the discussion which is formulated in three questions, namely: 1. How is the implementation of Qanun sanctions against the acts of the Khamar, Maisir, Khalwat, and Adultery pidan? 2. How is the implementation of socialization and implementation of Qanun sanctions number 6 of 2014 in the City of Subulussalam? 3. What is the impact on the behavior of Subulussalam City community after the imposition of Qanun sanction number 6 of 2014? This type of research is included in a qualitative descriptive study using the Statute Approach (statutory approach). Data sources from this study were divided into two sources namely primary data sources obtained from interviews with several informants in the field. And Secondary data sources namely data sources obtained through literature study include books, archives, and regulations that are arranged systematically. In general, this study found that Qanun sanction number 6 of 2014 concerning the criminal acts of Khamar, Maisir, Seclusion, and Adultery was already good by regulation. Seen from the rules and sanctions that are complete, as well as the implementation. However, the implementation is still very lacking. This is evidenced by the large number of cases that are not handled. Likewise, the community's knowledge and awareness about qanun sanctions is also very weak, this is caused by the lack of socialization conducted by the Ulama Consultative Council (MPU), Islamic Sharia Service (DSI), SATPOL-PP and WH. As a result, the Jinayat Qanun sanction No. 6 of 2014 did not have an impact on the behavior of the people of Subulussalam City (ineffective).Keywords: Effectiveness, Qanun Sanction, Impact, Behavior.
Analisis Hukum Syuf’ah dalam Mazhab-Mazhab Fikih Haris Dermawan; Nawir Yuslem; Akhyar Zen
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.
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.