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All Journal Unes Law Review Journal Equity of Law and Governance
Muhammad Mahmud Nasution
Universitas Islam Negeri Sumatera Utara
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Larangan Menikah Bagi Pemilik Salmon Patch Perspektif Hukum Islam (Studi Kasus Desa Ledong Timur Kecamatan Aek Kuasan Kabupaten Asahan) Wiranu Abdi Nata; Muhammad Mahmud Nasution
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1401

Abstract

Marriage is an act that is regulated in such a way in the provisions of Islamic law, in marriage there are pillars and conditions of marriage that must be fulfilled by every prospective bride and groom, both male and female, so that in society there are usually special prohibitions or criteria for each prospective bride and groom. . As happened in Ledong Timur Village, Aek Kuasan District, Asahan Regency, the local community believed that there was a prohibition on marrying salmon patch owners, so this attracted the attention of the author to research more deeply into why this prohibition existed and what the local ulama's views were regarding this matter. This research is qualitative research with an empirical judicial approach and the type of approach uses case studies or field studies which are usually called library research. The results of this research show that people forbid marrying salmon patch owners because they are afraid that the salmon patch owner will die in a short time. Ulama in Asahan Regency also confirmed that there was a ban in the community of East Ledong Village, however several ulama who were sources did not agree with the community's opinion regarding the ban, because for them the prohibition against marrying someone was only in Q.S An-Nisa 23-24 and Salmon patch hose is not contagious and dangerous, so both men and women can marry it.
Review of Islamic Law on The Mangdati Event in The Traditional Wedding of Toba Batak Irvan Doly Syahputra Siregar; Muhammad Mahmud Nasution
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10181.52-58

Abstract

The main problem in this research is related to the existence of customs or traditions in Batak Toba traditional marriages which have been implemented for a long time and have been passed down from generation to generation, but there is no review of Islamic law regarding this custom. This research aims to examine the implementation of Mangadati and will be reviewed through Islamic law. This type of research is empirical using qualitative methods. From this research it can be seen that the Toba Batak people still carry out Mangadati in marriage, There are three research results in this article, namely: [1] Mangadati is a custom that is carried out at weddings to pay customary debt based on Dalihan Na Tolu, [2] According to Batak Toba Mangadati custom, it is something that must be carried out, and has sanctions, [3] Mangadati reviewing Islamic law is valid and permissible and It is not mandatory to carry it out because according to Islamic law, marriages that are in line with community customs are permissible and legal to carry out as long as they do not conflict with the Shari'ah, smell of immorality, and are from unlawful assets.
Analysis of Health Istitha'ah For the Postponement of The Departure of Hajj Pilgrims According to The Perspective of Fiqh Siyasah Diki Ardian Saputra; Muhammad Mahmud Nasution
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.2.10478.112-123

Abstract

The Indonesian government has made health istitha'ah a mandatory condition for the Hajj pilgrimage. On January 9, 2024, the government updated the regulations concerning health istitha'ah, making it a prerequisite for the repayment of BIPIH (Hajj costs). This research uses normative research methods or library research from various trusted sources. The results of this research show that the government made changes to regulations because many Indonesian Hajj pilgrims died in the holy land in the past, and it is hoped that this change can prevent Hajj pilgrims from dying. This new regulation is not intended to make things difficult for Hajj pilgrims, their departure will only be postponed and put back in the queue, and if the following year they have recovered, they can depart. According to Siyasah Fiqh, this change is good, because it prioritizes the safety of the Hajj pilgrims. Apart from that, this decision is also in line with the rules in Al-Darurah Fiqh, namely, avoiding damage takes priority over achieving benefit.
Co-Authors Diki Ardian Saputra Irvan Doly Syahputra Siregar Wiranu Abdi Nata