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All Journal Tahqiqa: Jurnal Pemikiran Hukum Islam
Amsanul Amri
STIS AL HILAL SIGLI, ACEH
Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLIKASI SISTEM KEKERABATAN PATRILINEAL TERHADAP KEWARISAN ANAK PEREMPUAN DALAM SUKU ADAT ALAS (Studi Kasus di Kabupaten Aceh Tenggara) Amsanul Amri; Muhammad Nasir
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 1 (2018): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i1.129

Abstract

The problem of inheritance in society is a social phenomenon that isdirectly related to legal issues. Inheritance in the legal perspective regulates thetransition of property left by a deceased person to his heirs under terms andconditions stipulated under Islamic law, positive law, and customary law thatgrows and develops within a society. With regard to the customary law system ofAlas, the implementation of inheritance in Southeast Aceh Regency there is aregulatory gap between Islamic law and the positive law prevailing in Indonesiawith customary law prevailing in Southeast Aceh Regency, especially regardingthe position of the heir of girls. Theoretically, the kinship system adopted in Alassociety is a patrilineal pattern that draws the lineage from the fathers. This systemin practice has implications for the inheritance of girls who do not seem to havethe right to inheritance. All high-value inheritance collectively is controlled bymale heirs, such as fathers, sons, uncles, grandfathers, even adopted sons can alsohinder the inheritance of girls.
PENGALIHAN FUNGSI HARTA TANAH WAKAF: Analisis Terhadap UU No. 41 Tahun 2004 dan KHI Amsanul Amri; Rodhatul Wardhani
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 2 (2018): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i2.161

Abstract

Waqf is the property of Muslims whose benefits and functions can be used by Muslims to improve the economy of the people. Endowments in the context of this study are limited to the object of study of waqf land. The main problem in this study is the transfer of the function of waqf land assets, where practically many waqf lands do not function, so that economical smart solutions are needed with the mechanism of revitalization of waqf land to maximize its function in improving the economy of the people. This study uses the research library research method by conducting a legal analysis of Law No. 41 of 2004 concerning Endowments and Compilation of Islamic Law ratified from Islamic Fiqh. The results of this study are, the transfer of waqf property functions is permitted by Hanafi and Hanbali priests, but is not permitted by the Syafi'iyyah clerics. Among the scholars who did not allow the transfer of the functions of the waqf property, namely Imam an-Nawawi and as-Suyuthi who argued, that the waqf property should only be used in accordance with lafadz and the first goal said by the wakif. Whereas according to the positive law, may transfer the waqf property to the public interest and not violate the Shari'ah. This is stated in Law No. 41 of 2004 concerning Waqf, PP No. 41 of 2006, KHI Book III Article 225, Qanun Aceh No. 10 of 2007, and PBWI No. 1 of 2008. There was a difference of opinion between Islamic law from among Syafi'iyyah scholars and positive law.
Co-Authors Muhammad Nasir Rodhatul Wardhani