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Journal : Landraad

Hakim Menurut Risalah Alqadha Umar Bin Khottob Dan Hukum Acara lubis, salsabila
Jurnal Landraad Vol. 2 No. 1 (2023): Edisi Maret 2023
Publisher : Jurnal Landraad

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Abstract

This research focuses on the principles or mandates of judges in carrying out their work according to the Minutes of Al Qadha Umar Bin Khattab and the Procedural Law and what are the sources of law in making decisions. The method used is the literature review method. The sources of the literature reviewed in this paper are in the form of books researched by journals and other scientific articles. The results of the study show that according to the treatise of Al Qadar Umar Bin Khattab and procedural law in carrying out the implementation there are several principles, among others, understanding the subject matter and giving a decision, a fair judge, giving the parties the opportunity to bring evidence of peace issues (ishlah), correcting decisions that are wrong, False Witnesses and Prohibition to try, Stay away from angry attitudes, confused thoughts, boredom, Purity of intention as a judge. Umar's messages in all of his treatises to judges are: The importance of judges understanding the main points of contention, The firmness of a judge to carry out and convey his decision, Equality of position between disputing parties in the eyes of the law and judges, There is a burden of proof in investigating problems, Holding peace efforts, Improving decisions erroneous, Knowledge of the law and the ability of judges to apply the law through ijtihad and qiyas, Suspension of court proceedings, Honesty of witnesses, Exemption from charges for the accused, Patience of judges and the importance of cold thinking, Loyalty and purity of intention as a judge, Great motivation and reward for judges be honest. Sources of judicial law are Al-Qur'an, As-Sunnah, ijtihad, ijma', qiyas, previous court decisions, Books of statutes as written law, Customary heads and religious advisors, Sources of jurisprudence, Writings scientific law experts, and books of other science.
Peran Pemerintah Dalam Menanggulangi Pernikahan Dini Dalam Memperkuat Bonus Demografi 2045 Lubis, Salsabila; Romadhona, Suci
Jurnal Landraad Vol. 3 No. 1 (2024): Edisi Maret 2024
Publisher : Institut Syekh Abdul Halim Hasan Binjai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59342/jl.v3i1.518

Abstract

This research discusses the role of the government in tackling early marriage and strengthening the 2045 demographic bonus. The method used in this research is a literature study using library data collection methods, reading and taking notes, and managing research data objectively, systematically, analytically and critically, such as journals. , articles, internet sites, and others relevant to this research. The research results show that a person's ability to become high-quality human resources can be determined by their level of education. Countries that have a lot of human resources but are incompetent will add to the burden. This will then stop economic growth and development. The large number of cases of early marriage in Indonesia can hinder efforts to improve the quality of human resources and pose a threat to the 2045 demographic bonus, because many children drop out of school and children who marry under the age of 18 will be vulnerable to access to basic educational needs. has the potential to perpetuate intergenerational poverty. Therefore, the government must prepare several strategies to tackle early marriage by preventing child marriage which can be carried out in collaboration with the government and community organizations. Among these prevention strategies are STARNAS PPA and strategies from BKKBN.
Pelaksanaan Suntik Tetanus Toxoid (TT) Peraturan Walikota Binjai Nomor 39 Tahun 2017 Sebagai Syarat Administrasi Pernikahan Di Kua Binjai Barat (Kajian Fiqh Munakahat Dalam Pemahaman Imam Syafi’i) Lubis, Salsabila
Jurnal Landraad Vol. 3 No. 2 (2024): Edisi Oktober 2024
Publisher : Institut Syekh Abdul Halim Hasan Binjai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59342/jl.v3i2.698

Abstract

This study examines the implementation of the Tetanus Toxoid (TT) injection as a requirement for marriage administration based on the Mayor of Binjai Regulation No. 39 of 2017, focusing on the perspective of fiqh munakahat and Imam al-Shafi'i’s understanding. The regulation aims to ensure the health of prospective spouses and prevent disease transmission, especially for mothers and their future children. However, the application of this requirement raises questions regarding its relevance within the framework of Islamic law and fiqh. This research employs a qualitative method with a normative and juridical approach. Data were collected through interviews, observations, and literature review. The findings indicate that, from the fiqh munakahat perspective, the TT injection as an administrative requirement does not contradict Islamic principles as long as it serves the purpose of maslahah (well-being) and harm prevention. According to Imam al-Shafi’i’s understanding, actions that bring benefit and prevent harm are aligned with the objectives of maqasid al-shariah. Therefore, this policy can be considered compatible with Islamic values, provided it does not act as an absolute barrier to the marriage process.