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All Journal ASAS : Jurnal Hukum Ekonomi Syariah JURNAL MAHKAMAH Journal Analytica Islamica Unes Law Review SIGn Jurnal Hukum LEGAL BRIEF Law Development Journal Kalosara: Family Law Review Borneo : Journal of Islamic Studies
Ilhamsyah Pasaribu
Universitas Islam Negeri Sumatera Utara, Medan, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PENERAPAN MAQÂSID SYARÎ’AH DALAM FATWAFATWA MAJELIS ULAMA INDONESIA PROVINSI SUMATERA UTARA TAHUN 2000-2010 (Sebuah Analisa Sejarah Sosial Hukum Islam Dan Penerapan Maqasid Syari’ah) Nawir Yuslem, Djamil, Ilhamsyah Pasaribu,
Journal Analytica Islamica Vol 7, No 1 (2018): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

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Abstract

Abstrak: Penelitian ini bertujuan untuk menjelaskan bagaimana penerapanmaqâcid syarî’ah dalamfatwa-fatwa Majelis Ulama Indonesia Provinsi Sumatera Utara Tahun 2000-2010 M. Untuk lebihjelasnya tujuan penelitian ini adalah sebagai berikut ini: 1). Menjelaskan model ijtihad Majelis UlamaIndonesia (MUI) Provinsi Sumatera Utara dalam Fatwa fatwa-fatwa Majelis Ulama Indonesia ProvinsiSuamtera UtaraTahun 2000-2010. 2). Menjelaskan pengaruh kondisi riil masyarakat Sumatera Utaraterhadap fatwa-fatwa Majelis Ulama Indonesia Provinsi Suamtera UtaraTahun 2000-2010. 3).Menjelaskanpenerapanmaqâcid syarî’ah dalam fatwa-fatwa Majelis Ulama Indonesia Provinsi Sumatera UtaraTahun 2000-2010.
EFEKTIVITAS PERATURAN PEMERINTAH NO. 43 TAHUN 2014 TENTANG DESA TERHADAP TINGGINYA KASUS KORUPSI DANA DESA PERSFEKTIF FIQH SIYASAH Indah Nurhazlin Natasyah; Ilhamsyah Pasaribu
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.782

Abstract

Based on data from Indonesia Corruption Watch (ICW), the village budget is the most vulnerable to corruption. In the last seven years, there have been 592 cases of corruption, and ICW noted that the village government was the institution that carried out the biggest corruption cases. This research uses a type of normative juridical research that refers to statutory law, namely PP No. 43 of 2014 concerning implementing regulations for the Village Law and other literature as a support for literacy with the aim of knowing the effectiveness of these regulations for the high number of village fund corruption cases in Indonesia and their studies according to fiqh siyasah. The results of this study indicate that PP No. 43 of 2014 when analyzed based on a juridical approach, namely Law no. 12 of 2011 concerning the procedure for forming laws and regulations, there are elements that do not work effectively in society, namely elements of usability and efficiency, PP No. 43 of 2014 does not clearly provide oversight over the use of Village Funds by the village government, it should be as implementing regulations of the Village Law PP No. 43 of 2014 provides effective efficiency, especially in limiting cases of village fund corruption in Indonesia.
Efektivitas Samsat Keliling dalam Upaya Meningkatkan Wajib Pajak Masyarakat Kota Medan Perspektif Fiqh Siyasah Mhd. Fadlan Rawih; Ilhamsyah Pasaribu
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1029

Abstract

This research aims to find out how the planning and implementation of mobile samsat increase taxpayers in the people of Medan City from a fiqh siyasah perspective and the factors that influence mobile samsat in an effort to increase taxpayer compliance in the people of Medan City from a fiqh siyasah perspective. The type of research used is qualitative research with a descriptive qualitative approach. The data collection techniques used are observation, interviews and documentation, while the data analysis techniques used are data reduction, data display and data verification. The results of this research show that in terms of management related to the planning and implementation of the mobile Samsat, the principles of fiqh siyasah have been implemented, namely by establishing an institution to manage the regional wealth of Medan City with the principle of objective social benefit which prioritizes the interests of the people rather than individual interests. However, in terms of improving services, we are still not able to contribute optimally, this can be seen from the existence of tax payment brokers who give rise to a negative perspective in society and are not in accordance with Islamic law. The results of this research can provide input to the Mobile Samsat in carrying out the Mobile Samsat Program in an effort to increase taxpayers in the people of Medan City from a fiqh siyasah perspective.
Legal Review of Regulations Regarding Online Begging on Social Media Based on the Siyasah Fiqh Perspective Simanungkalit, Diva Aulia; Pasaribu, Ilhamsyah
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.%p

Abstract

This research aims to understand how online beggars develop on social media, find out how fiqh siyasa views online beggars on social media based on legal reviews in dealing with social problems. The method applied in this compilation is a normative-empirical approach which has descriptive-analytical characteristics, that is, it uses a method related to applying normative legal provisions (laws) to every event that occurs in society. Then an analysis of the data obtained is carried out systematically to obtain answers. Based on the research results, the government implements policies aimed at preventing and dealing with online beggars by issuing legal regulations. These policies include preventive and repressive measures. This policy is expected to prevent and reduce the development of beggars both online and offline, as well as encourage the productivity of beggars in society.
The Ruling on Having Intercourse with a Wife who has Completed Her Menses but has not done the Obligatory Ghusl according to Imam Abu Hanifah Ramadhan, Alif Randi; Pasaribu, Ilhamsyah
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.687-699

Abstract

The purpose of this study aims to analyze the opinion of imam Abu Hanifah regarding the opinion of having sex with a wife who has finished her period but has not taken the obligatory bath. The type of research used is library research, with qualitative analysis methods using data in the form of verses of the Qur'an and hadith in various books of interpretation that contain related information. In this case, the author selects the data to be included in the writing according to the existing rules so that it can be easily understood regarding the sequence of the data to be analyzed using interpretation, through the data by using the rules of fiqh, while in analyzing the data collected through deductive and inductive methods, to implement the problem of menstruation when taking the opinion of imam Abu Hanifah based on the Qur'an and hadith. The conclusion of this research is the opinion of Imam Abu Hanifah that if the husband wants to have intercourse with his wife who has finished menstruating but has not taken a bath, it is permissible to have sexual intercourse even though he has not had time to take a janabah bath. The most important thing is that the blood has really stopped and does not come out again according to the conditions that have been determined. This research is expected to contribute to increasing understanding of the importance of understanding the relationship between wife and husband in the household. The findings of this study can be a reference for related parties, including family members, communities and educational institutions in realizing a good family.
Legal and Operational Analysis of Compensation for Spare Part Replacement in Car Rental Services Perspective Wahbah Zuhaili Sobri, Muhammad Arif; Pasaribu, Ilhamsyah
ASAS Vol. 16 No. 2 (2024): Asas, Vol. 16, No. 02 Desember 2024
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v16i2.25704

Abstract

This study aims to analyze compensation due to the exchange of original spare parts by rental car renters from the perspective of Wahbah Zuhaili, with a case study on car rental company in Binjai City. The main problem faced by rental companies is financial and operational losses due to the actions of tenants who replace original spare parts with non-original ones. This study uses an empirical juridical approach with a case study method to explore how Islamic law, especially according to Wahbah Zuhaili's view, can be applied in this context. According to Wahbah Zuhaili, the tenant has full responsibility to maintain the rented goods and compensate for losses incurred due to negligence or intentional damage to the goods. In this case, the exchange of original spare parts with non-original ones by the lessee is a form of breach of contract and harms the car rental company. Islamic law stipulates that tenants are obliged to pay compensation equivalent to the value of the losses incurred. The results of the analysis show that the application of Islamic legal principles can provide justice for the aggrieved party. This study also found that the principle of compensation in Islamic law is in line with the positive law that applies in Indonesia. The study suggests that car rental companies strengthen clauses in lease agreements to protect their assets and ensure renters understand their responsibilitiesKeywords: Compensation; Sperpart Exchange; Wahbah Zuhaili's Thoughts;
Analysis of Law No. 13 of 2011 concerning Handling the Poor in Development and Distribution of Direct Cash Assistance Funds from Village Funds in Pematang Tengah Village, Tanjung Pura District, Langkat Regency, from the Perspective of Fiqh Siyasah Dusturiyah Lubis, Rianda; Pasaribu, Ilhamsyah
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1358

Abstract

The aim of this research is to find out what has been done in the village government's work plan programs, such as building houses and distributing direct cash assistance funds, whether these programs are in accordance with the law and siyasah fiqh or not. However, researchers found that the programs implemented by the Langkat district government were not in accordance with Law no. 13 of 2011, article 14. because in the village there are already houses that have been built but only a few, but for the rest the Langkat district social services government is targeting houses to be built because there are only a few houses that have not been built, therefore the district social services government has not yet directly carried out the order of Law no. 13 of 2011 article 14.
A Legal Analysis of Justice in the Fiqh Siyasah Perspective on the Additional Voters List Regarding the Double Voter Case in the 2020 Labuhanbatu Regent Election Dispute Riyoeda, Adrian; Pasaribu, Ilhamsyah
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.461

Abstract

The 2020 Labuhanbatu Regent Election Dispute, culminating in a Constitutional Court Decision, highlights the crucial issue of voter roll integrity, particularly concerning the double voter within the Additional Voters List. This research aims to unravel the causal factors that trigger the occurrence of the double voter and to assess the normative validity and integrity of the Additional Voters List from the perspective of fiqh siyasah. Employing a normative legal research method with a case approach, this study qualitatively analyzes Constitutional Court Decision Number 58/PHP.BUP-XIX/2021 and its related statutory regulations. The analysis finds that the phenomenon is rooted in a multi-layered problem. These factors range from procedural negligence by administrators at the technical level to the weak competence and integrity of human resources, as well as systemic weaknesses, including population data management and a lack of inter-agency coordination. It is concluded that from the fiqh siyasah perspective, the practice of the double voter is not merely an administrative violation. It constitutes a betrayal (khiyanah) of the public trust (amanah) that fundamentally undermines the principle of justice (‘adl) and corrupts the public good (maslahah al-’ammah), thereby nullifying the legitimacy of the electoral process.
An Islamic Legal Review of Forced Marriage to a 'Boru Tulang' in Mandailing Custom: A Case Study in Simbolon Village, Padang Bolak Subdistrict, North Padang Lawas Regency Simamora, Harapan; Pasaribu , Ilhamsyah
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

Marriage in Islam is a sacred bond that must be based on the consent of both parties without any element of coercion. However, in the Mandailing customary community, matchmaking practices that involve coercion are still found, particularly in the tradition of Manyunduti, which involves the marriage between a man and his Boru Tulang (the daughter of the mother's brother). This study aims to describe the practice of forced marriage to a Boru Tulang in Simbolon Village, Padang Bolak Subdistrict, North Padang Lawas Regency, and to analyze it from the perspective of Islamic law. The method used is a qualitative approach with an empirical legal method through interviews with traditional leaders, religious figures, and individuals who have experienced arranged marriages. The results of the study show that this practice is driven by the desire to preserve inherited wealth, strengthen kinship ties, and maintain customary traditions. However, in Islamic law, marriage without willingness contradicts the principles of consent (ridha) and freedom in choosing a spouse. Although a guardian (wali) has the right of ijbar, Islam still emphasizes the importance of the bride and groom's consent. Therefore, matchmaking practices such as Manyunduti need to be re-evaluated to align with the values of justice, public interest (maslahah), and individual rights according to Islamic law
Islamic Legal Review on Granting a Surname to an Illegitimate Child (Case Study in Pangururan Village, Sumbul District) Jateng GP. Siburian; Ilhamsyah Pasaribu
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.6597

Abstract

This study aims to examine the Islamic legal perspective on the practice of granting clan names to children born out of wedlock in Pangururan Village, Sumbul District. This phenomenon is noteworthy because the granting of a clan name is part of the Batak Toba tradition, which holds social, kinship, and identity values, while in Islamic law, the lineage of a child born out of wedlock is subject to specific regulations. The study employs a qualitative method with a case study approach, using in-depth interviews, observation, and document analysis. The findings reveal that the granting of a clan name to children born out of wedlock in Pangururan Village is carried out to preserve family dignity, strengthen social relations, and prevent discrimination against the child. However, from an Islamic legal perspective, the lineage of a child born out of wedlock can only be attributed to the mother and her family, not to the biological father or his family. Therefore, granting a clan name that implies lineage to the biological father is not in accordance with the principles of lineage in Islamic law. The study recommends dialogue between traditional leaders and local scholars to find solutions that respect cultural values while adhering to the provisions of Islamic law.
Co-Authors Indah Nurhazlin Natasyah Jateng GP. Siburian Lubis, Rianda Mhd. Fadlan Rawih Ramadhan, Alif Randi Riyoeda, Adrian Simamora, Harapan Simanungkalit, Diva Aulia Sobri, Muhammad Arif