Dhiauddin Tanjung
Universitas Islam Negeri Sumatera Utara, Medan

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Telaah kritis upaya peninjauan kembali dalam perkara perceraian di peradilan agama perspektif mashlahat al-mursalah Misran Misran; Dhiauddin Tanjung; Pagar Pagar
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 2 (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: 10.29210/020242610

Abstract

This paper aims to analyze the impact and legal consequences of extraordinary legal efforts for judicial review in the religious courts of divorce cases from the perspective of mashlahat al-mursalah. The method used is normative legal research using multiple approaches including legislation, cases, and a comparative approach with data analysis techniques using descriptive analysis methods. The conclusion of this study shows that legal remedies for judicial review of divorce cases that have permanent legal force (inkracht van gewijsde) create new problems (mafsadat) in society, so for the sake of legal certainty, it is better if legal remedies taken against divorce cases are sufficient to the level of appeal. or just appeal. The Compilation of Islamic Law (KHI) has a strategic position to regulate the provisions of the procedural law, considering that the position of KHI so far has not only played a role in regulating material law, it also regulates formal law against Muslim divorces in Indonesia.
Religious Leaders' Understanding of Astronomy and Its Implications in Determining the Direction of the Qibla in Medang Daras District, Batubara Regency Ihsan Asupi; Dhiauddin Tanjung
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.248

Abstract

The direction of the qibla is a fundamental aspect of Islamic worship, as facing the Kaaba is a legal requirement for the validity of prayer. Errors in determining the qibla direction, therefore, have normative implications in Islamic law. This study examines the understanding and practice of religious leaders in Medang Deras District, Batu Bara Regency, in determining the qibla direction from both legal and astronomical perspectives. Using a qualitative descriptive method, the research explores primary data obtained through interviews and direct observation, complemented by secondary data from literature and scientific references related to astronomy and Islamic law. The findings indicate that the understanding of religious leaders regarding astronomical principles remains limited, resulting in practical methods that rely heavily on local traditions such as aligning with the direction of the sunset or following the guidance of elder community members. This practice shows a discrepancy between local customary understanding and the normative standards of Islamic law, which require accuracy in facing the qibla. Therefore, strengthening legal and astronomical literacy among religious leaders is essential to ensure the precision of qibla determination and the validity of worship practices in accordance with sharia principles.
Kontroversi Hukum Merokok: Perspektif Muhammadiyah dan Nadhatul Ulama Muhammad Zaid Anshari Nasution; Dhiauddin Tanjung
Ahlana: Jurnal Hukum dan Hukum Keluarga Islam Vol 1, No 1 (2024): Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v1i1.19177

Abstract

This study aims to determine smoking laws from the views of the two largest Islamic Community Organizations in Indonesia. The difference in the determination of smoking laws often causes debate in the community between the camp that accrues and the camp that prohibits the provisions of the smoking law. This research is a literature research with the object of research is cigarette law and legal determination methods (istinbath) carried out by the Muhammadiyyah Organization and Nahdhatul Ulama. The results of this study are based on the Muhammadiyyah fatwa issued by the tarjih council and tajdid Muhammadiyah stipulates that smoking laws are haram. The reason is because smoking has a mudharat and harmful effect both on oneself and others. Cigarettes contain chemicals such as tar, nicotine, and other addictive substances. In addition, cigarettes are also khaba'its and can kill a person slowly. The method of determining the law carried out by the tajdid council and tarjih Muhammadiyah is by bayani (semantics), ta'lili (rationalistic), and istislahi (philosophical) methods. Unlike Nahdhatul Ulama, it is more flexible in viewing and determining smoking laws. Nahdhatul Ulama does not easily establish haram against smoking laws. Cigarettes are a matter for which there are no legal provisions and nash both in the qur'an and hadith. Therefore, in determining cigarettes must be done with Ijtihad with considerations in maintaining the law. In Nahdhatul Ulama's view, smoking is not absolute can have a mudharat effect like a disease that directly affects someone who smokes. In fact, according to Nahdhatul Ulama's view, many people who smoke for years smoke but there is no impact caused by smoking. On the other hand, smoking can have a positive effect on one's soul such as making someone able to express ideas/ideas, eliminate fatigue, and provide energy for someone who works. On the other hand, Nahdahtul Ulama also believes that cigarettes have a positive economic impact both for the state (source of state income), cigarette traders, and tobacco farmers. The method of determining smoking laws is carried out by Nahdhatul Ulama with the qouly method, ilhaqi method, and manhaji method. Nahdahtul Ulama's view on smoking law is makruh. However, this is subject to change according to conditions. Originally, smoking was the law of mubah (permissible), but if it was excessive, the law became makruh. If smoking is clearly and definitely will cause harm or harm to the smoker, then the law is Haram.