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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Tabayyanu : Journal of Islamic Law Albayan : Journal of Islam and Muslim Societies
Mulkan Nasution
Universitas Nahdlatul Ulama Sumatera Utara
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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SHALAT MEMAKAI MASKER DITINJAU DARI PERSPEKTIF MAQASID SYARI’AH Nasution, Mulkan
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 2 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v7i2.4584

Abstract

This paper describes how the benefits and benefits of masks when worn when performing prayers. To find this answer, the author uses a qualitative method, specifically a literature study by tracing the opinions of scholars who discuss the topic of this paper and then concludes.The finding in this article is that praying using a three-layer mask or in accordance with the recommendation from the Ministry of Health of the Republic of Indonesia, has many benefits, including self-preservation or in the term of fiqh proposal, namely hifznafs (self-preservation) including from the threat of transmission of the Covid virus - 19.
Abortion Reviewed From Islamic Law and Positive Law in Indonesia: Government Regulation No. 61 of 2014 about Reproductive Health Mulkan Nasution; Pagar Pagar; Ansari Yamamah
AT-TAFAHUM: Journal of Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (552.799 KB) | DOI: 10.47006/attafahum.v1i2.1383

Abstract

In mid-2014, the Indonesian government, through the Ministry of Health of the Republic of Indonesia, issued Government Regulation No. 61 of 2014 concerning Reproductive Health as a derivative regulation/mandate of Law No. 36 of 2009 concerning Health. This regulation contains nine articles governing abortion, which was previously a criminal offense regulated in the Criminal Code with a maximum penalty of fifteen years. In this regulation, the government provides exceptions for abortion based on two reasons: 1). Due to indications of medical emergency, and 2). Due to pregnancy resulting from rape, and can be performed if the gestational age is no more than forty days calculated from the first day of the last menstrual period. In Islamic law, abortion without old ageis a prohibited act. Scholars have agreed that abortion is prohibited if the fetus is one hundred and twenty days old and the soul has been breathed into it. This is based on a hadith narrated by Bukhari and Muslim which states that after the fertilization phase, mugah(120 days), an angel was sent to her and the soul was breathed into her. Regarding the permissibility of abortion before the gestational age of one hundred and twenty days, scholars have different opinions, Imam al-Ghazali and Imam al-Dusuqi prohibit abortion when the male sperm and the female ovum have mixed in the uterus, while Ibn 'Abidin permits abortion until the fetus is one hundred and twenty days old and the soul has been breathed into it. The middle opinion between the two groups is Ibn Rajab who permits abortion with a time limit of up to forty days of fetal age. This research is a descriptive normative juridical research with a comparative legal research approach that uses qualitative research methods. The tools and techniques for data collection are carried out by tracing laws and other legal sources from the legal system that are considered relevant to the main issue at hand
Reconstructing the Role of Al-‘Adah Muhakkamah in Islamic Criminal Law: An Integrative Framework of Naṣṣ, Living Law, and Maqāṣid al-Sharī‘ah Bahatma Baca; Muhammad Taufiq Nasution; Mulkan Nasution; Fauzan Mas’ar
Tabayyanu : Journal Of Islamic Law Vol. 3 No. 01 (2026)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/416r0808

Abstract

The increasing complexity of contemporary society has generated new forms of criminal conduct that cannot always be addressed adequately through the classical formulation of Islamic criminal law. This condition requires a methodological framework capable of preserving the normative authority of the Qur'an and Sunnah while accommodating dynamic social realities. Although the legal maxim al-'adah muhakkamah (custom is recognized as a legal consideration) has long been acknowledged as one of the fundamental principles of Islamic legal maxims (qawā'id fiqhiyyah), limited scholarly attention has been devoted to reconstructing its function as an integrative instrument connecting nash, living law, and maqāṣid al-syarī'ah in contemporary Islamic criminal law. This study aims to reconstruct the function of al-'adah muhakkamah as a methodological framework for harmonizing normative Islamic legal authority with evolving social realities. This research employs normative legal research using conceptual, statutory, and philosophical approaches through qualitative library research based on classical juristic works, uṣūl al-fiqh, qawā'id fiqhiyyah, legislation, and recent scholarly publications. The findings demonstrate that al-'adah muhakkamah should no longer be viewed merely as a supplementary legal maxim but as an epistemological bridge integrating scriptural authority, the objectives of Islamic law (maqāṣid al-syarī'ah), and living law. Such reconstruction enables Islamic criminal law, particularly within the sphere of jarīmah ta'zīr, to respond adaptively to contemporary crimes while maintaining immutable Islamic legal principles (tsawābit). This study proposes an integrative model positioning al-'adah muhakkamah as the methodological nexus between universal Islamic legal norms and contemporary social realities, thereby strengthening the adaptability and sustainability of Islamic criminal law in modern society.
IJARAH, UJRAH, DAN ISTI’JAR DALAM PERSPEKTIF ILMU HADIS DAN HUKUM ISLAM Mulkan Nasution; Fauzan Mas’ar; Muhari Syahlaili Saragih; Muhammad Taufiq Nasution
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

The rapid development of Islamic economics in Indonesia has intensified the implementation of contracts based on ijārah, ujrah, and isti’jār in various business and financial activities. This article aims to analyze the concepts of ijārah, ujrah, and isti’jār from the perspective of hadith studies and to examine them within the framework of Islamic law. This research employs a qualitative library-based method. The methodology includes thematic hadith exploration, takhrīj al-hadith, sanad criticism, and matn criticism of narrations related to wage payment and leasing practices. The findings reveal that the hadith on ujrah is transmitted through several chains with varying degrees of authenticity; however, its substance does not contradict the Qur’an or other authentic hadiths. The narrations concerning ijārah and isti’jār demonstrate normative legitimacy for leasing and employment contracts, provided that they uphold justice, contractual clarity, and are free from elements of gharar and injustice. From the perspective of Islamic law, ijārah is analogically related to sale contracts since its object concerns usufruct (manfa‘ah), and its original ruling is permissibility unless there is evidence prohibiting it. This study affirms that the fulfillment of ujrah constitutes an imperative obligation linked to the protection of rights and the realization of maqāṣid al-sharī‘ah, particularly in safeguarding property and promoting social justice.
Co-Authors Ansari Yamamah Bahatma Baca Fauzan Mas’ar Fauzan Mas’ar Muhammad Taufiq Nasution Muhammad Taufiq Nasution Muhari Syahlaili Saragih Pagar Pagar