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All Journal DE JURE Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak MAQASIDI Millah: Journal of Religious Studies El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Rasikh : Jurnal Hukum Islam JURISTA : Jurnal Hukum dan Keadilan Quru’: Journal of Family Law and Culture Al-Mudharabah Fundamental : Jurnal Ilmiah Hukum
Husnul, Muhammad
Universitas Islam Negeri Ar-Raniry, Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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NALAR ISLAM TENAGA EDUKATIF UNIVERSITAS RAHMATAN LIL ALAMIN Asmuni Asmuni; Muntoha Muntoha; Muhammad Husnul
Millah: Journal of Religious Studies Vol. XIII, No. 2, Februari 2014 Pendidikan Karakter Multikultur
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.volxiii.iss2.art3

Abstract

Islamic University of Indonesia (UII) was established by the founding fathers who originated from the background of several Islamic organizations in Indonesia. such as Nahdlatul Ulama (NU) and Muhammadiyah, etc. so that the vision of UII, is rahmatan lil ‘alamin. Starting from this vision, then this research traces Islamic reason of UII lecturers. The theory of Islamic reason that used in this research is by integration the theory of Mark Woodward, Peter G. Riddell, and Kuntowijoyo. Having done the research process, and the classification of two typologies of UII lecturer faculty of exact and non-exact. The result of this research has revealed that Islamic reason of UII lecturers of exact faculties tend to be classisfied into Modernist Islam and lecturers of nonexact faculties can be regarded as Neomodernism Islam.
PUDARNYA PESONA HUKUM ISLAM DI PTAI Yusdani Yusdani; Junanah Junanah; Muhammad Husnul
Millah: Journal of Religious Studies Vol. XIII, No. 2, Februari 2014 Pendidikan Karakter Multikultur
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.volxiii.iss2.art6

Abstract

The following article denotes the result of research. It tries to explain the curriculum and competencies of graduation that have been produced by Islamic law program in three Islamic universities of Yogyakarta , the State Islamic Universitas Sunan Kalijaga (UIN SUKA), Universitas Islam Indonesia (UII) and Universitas Tjokroaminoto (UCY). The research has been conducted by tracing documents and interviews with stakeholders in the three- universities. The results of this study has revealed that there are dynamics of the learning curriculum of Islamic law in three universities of Yogyakarta. The Competence of graduation from the curriculum of Islamic law is the result of the application of three universities of Yogyakarta can be categorized into two basic competencies both academic competence and professional competence. The basic of epistemological bases of Islamic jurisprudence in three universities of Yogyakarta still yet to be established form. Therefore, in order to produce the graduation, it takes the courage of stakeholders in three universities of Yogyakarta above mentioned to choose the alternative development of the study of Islamic law in the future.
REVITALISASI TEORI LIMIT MUHAMMAD SYAHRUR TERHADAP TA’ADDUDU AL-ZAUJAT Muhammad Husnul
Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak Vol 11, No 1 (2022): Takammul
Publisher : Pusat Studi Wanita UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/takamul.v11i1.14530

Abstract

Poligami berdasarkan pendapat dan teori limit Muhammad Syahrur merupakan sebuah keharusan bagi yang mampu melaksanakannya. Adalah peneliti   sependapat   jika   poligami   didefinisikan   dengan ‘pernikahan   yang dilakukan oleh seorang laki-laki yang sudah menikah (memiliki istri) yang kemudian menikahi seorang   wanita (dalam keadaan   janda, memiliki   anak yatim, dan dalam kondisi finansial yang memprihatinkan), baik dua, tiga, dan empat sesuai jumlah yang tertera dalam QS. Al-Nisa’ [4]: 3’’.2. QS. Al-Nisa’ [4]: 1-6. Pada dasarnya ayat ini berbicara tentang mengayomi anak yatim dan janda. Bahwa pada ayat tersebut terdapat pembahasan poligami itu adalah benar. Namun, titik pembahasan atau pesan moral yang disampaikan pada intinya adalah mengayomi anak yatim. Adapun perihal tentang poligami yang disebutkan dalam ayat tersebut merupakan salah satu cara yang ditawarkan al-Qur’an untuk mengayomi anak yatim. Melihat fenomena dan praktik poligami yang dilakukan di banyak negara Muslim saat ini, revitalisasi teori limit Muhammad Syahrur pada poligami menjadi sebuah keniscayaan menurut peneliti.   Tujuannya meminimalisir praktik poligami yang notabene berseberangan dengan nilai-nilai keislaman dan filosofi poligami yang dilakukan Rasulullah SAW.
The Granting of Family Card for Siri Marriage in Banda City: Perspective of Islamic Family Law Daniela, Nadya Pratiwi; Hanapi, Agustin; Husnul, Muhammad; Fahri, Marjana
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.23317

Abstract

Law No. 1 of 1974, as does the Compilation of Islamic Law, concerning marriage mandates the registration of every marriage to obtain legal validity such as a marriage certificate, which later becomes a requirement for making a family card. A family card is obtained if a marriage is registered in accordance with applicable laws and regulations. Siri (i.e., unregistered) marriage previously had various consequences, including children not having birth certificates, not having family cards, and, not being able to obtain their rights as husband and wife in the event of marital disputes. Therefore, marriage must be officially registered in order to obtain all the documents needed to create a family card. This will minimize the prevalence of siri marriage. However, the issuance of Minister of Home Affairs Regulation (PERMENDAGRI) No. 108 of 2019, which adds the status of unregistered marriage and unregistered divorce to the provision of family card, has allowed the registration of a family card without attaching a marriage certificate and accommodated providing family cards for unregistered marriages. On the one hand, having family cards is deemed necessary; yet, on the other hand, it is contrary to Law No. 1 of 1974 on Marriage. From a sociological point of view, it can have a negative impact on the increase of siri marriage as it no longer has any consequence at all. Thus, it is important to review the application of PERMENDAGRI No. 108 of 2019 sociologically from the perspective of Islamic family law using the theory of maslahah (benefit). This empirical study used the descriptive qualitative approach, which took place in Banda Aceh City. The study collected legal materials through document study. Sociologically, many negative effects have occurred on the issuance of family cards from the perspective of Islamic family law as well as the consequences of the implementation of PERMENDAGRI No. 108 of 2019 for women and children.
The Practice of Triple Talaq and Women's Protection in Aceh: A Maslahat Perspective Hanapi, Agustin; Aini, Sarina; Husnul, Muhammad; Usman, Iskandar; Natasya Solin, Siti Dian
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.15865

Abstract

Talaq resulting in divorce is one of the issues discussed in Islamic family law not only in Aceh, but in Indonesia and the Muslim world. This study aims to discuss triple talaq at once that occurred in Aceh in relation to women's protection. This study uses empirical legal methods, analyzed with the theory of maslahat. Data is collected by; In-depth interviews and document review. This study concluded that triple talaq occurs due to three factors; The existence of wild qadhi, the presence of muhallil, lack of understanding. These three factors cause married couples to believe that triple talaq pronounced by the husband is legally valid, even though it occurs outside the court. Talaq must also be performed before the Court whose function is as a witness for the protection of the rights of the former husband and wife. In this context, to provide awareness and socialization about the legal rules regarding marriage, synergistic cooperation between institutions and across sectors is needed. These institutions are, syar'iyah courts or religious courts, religious ministries, clerical organizations, educational institutions and religious leaders at the village level. So that an understanding of the rules of law that apply in religious courts can be conveyed to the community as a whole. Thus, the issue of triple talaq does not make the wife a victim, because the husband can easily give talaq, resulting in a divorce. In the context of benefits, these legal regulations are carried out with the aim of protecting women's rights and making them dignified and treated fairly.
Women Who Wear the Face Veil: Following Trends, Influenced by Studies, or Covering Their Aurat? Hanapi, Agustin; Husnul, Muhammad; Aini, Sarina; Lubis, Asmuliadi; Solin, Siti Dian Natasya
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17286

Abstract

The Islamic perspective on the veil is bound and limited by the concept of aurat. Some scholars view the face as not part of the aurat, therefore the face does not have to be covered with a veil. Others see and conclude that the face is a woman's private parts, so it is mandatory for women to cover their faces with a veil. Cultural, social and political perspectives also follow the veil trend in society. This research aims to look at the motivation for using the veil as practiced by students at the Faculty of Sharia and Law (FSH) UIN Ar-Raniry. Next, these motivations are analyzed with a review of Islamic law and culture. The determination of locus is because FSH students are well-known (familiar) with legal matters, so the use of the veil should at least be considered based on a scientific approach. Apart from that, we want to get a detailed and detailed picture of the laws of the veil and the various responses to its use in society. There were ten female students who wore the niqab who were interviewed for several different reasons. The results obtained are related to the motivation to use the veil among students because (1) they follow along with seniors without knowing the reasons and urgency in more depth; (2) often take part in studies, because wearing the veil is understood as sunnah and is inspired by other people.
FASHION BUSINESS COMPETITION ACCORDING TO LAW NO. 5 OF 1999 AND SHARIA ECONOMIC LAW: A STUDY ON FASHION STORES IN ACEH MARKET Jannah, Khairatul; Husnul, Muhammad
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v8i1.127

Abstract

Business competition requires the tenacity of business actors to exist so that they can survive the development of businesses that continue to compete rapidly in the era of technological progress. In the sale and purchase transaction, of course, there is mabi', which is the object of legal sale and purchase. Mabi' as the object of sale and purchase has conditions that must be met by the seller, such as clear and standardised object quality in the sale and purchase transaction. In the general substance of Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, efforts made by the government to minimize normal market mechanisms, namely giving licences to new companies to create competition as a form of democracy for the economy, increasing offers on goods with products that tend to be the same in fulfilling the free right to choose consumers. This type of research is a qualitative, descriptive approach through case studies. The efforts of fashion traders to make an adjustment process with several stages, namely adaptive, motivation and attitude towards the realistic present,. And the efforts of fashion traders in surviving in the world of online market competition to make a profit are that they must have a large enough initial capital to be able to start a business and must think about a place to sell and a sales marketing strategy through a marketplace platform or other online sales, and must apply a mixed approach by integrating conventional offline and online marketing in order to help traders reach various types of consumers.
Implementation of Wedding Party Before Marriage Contract in the Perspective of Maqasid Sharia (Case Study in Gayo Lues Regency): Pelaksanaan Walimatul ‘Urs Sebelum Akad Nikah Dalam Tinjauan Maqashid Syariah (Studi Kasus di Kabupaten Gayo Lues) Husnul, Muhammad; Maulina, Nurul
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v4i2.4270

Abstract

Walimatul 'urs, or wedding feasts, as stipulated in hadith, should be conducted after the marriage contract (akad nikah) has taken place. This indicates that the marriage contract is prioritized over the walimatul 'urs. However, there are segments of society in Gayo Lues Regency that hold the walimatul 'urs prior to the marriage contract. This practice, as previously explained, contradicts the hadith. Furthermore, some scholars argue that walimatul 'urs should be conducted after the marriage contract and the consummation (dukhul) has occurred. This implies that both the marriage contract and consummation should be viewed and executed cumulatively. This study aims to examine the implementation of walimatul 'urs before the marriage contract according to Islamic law. Additionally, the analysis is conducted using a maqasid sharia approach. The research employs a qualitative method, utilizing field research. Primary data is obtained through interviews and observations conducted by the researcher. The findings indicate that the implementation of walimatul 'urs before the marriage contract contradicts the hadith, as the essence of marriage lies in the marriage contract, not in the walimatul 'urs. However, from the perspective of maqasid sharia, particularly the principle of hifzul mal (preservation of wealth), if walimatul 'urs is not prioritized, it may lead to dharar (harm). Since dharar must be eliminated, it can permit actions that are fundamentally prohibited or haram. Based on the considerations of maqasid sharia, prioritizing walimatul 'urs in this context is deemed more appropriate than prioritizing the marriage contract.
INTERFAITH MARRIAGE. A DICHOTOMOUS PERSPECTIVE ON NORMATIVE AND LEGAL PRACTICAL DIMENSIONS Hanapi, Agustin; Husnul, Muhammad; Yuhermansyah, Edi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25255

Abstract

The legal perspective on interfaith marriage in Indonesia, particularly between Muslims and adherents of other religions, is predominantly influenced by Islamic legal norms. The legal regulations have been established in Articles 40 and 44 of the Compilation of Islamic Law. Fundamentally, these regulations prohibit marriage between Muslims and non-Muslim religious adherents. However, the legal construction in Indonesia tends to be non-binding, as opportunities for interfaith marriage practices persist. The Marriage Law Number 1 of 1974, which serves as the foundational legal framework for marriage in Indonesia, has not explicitly prescribed either permission or prohibition. This is substantiated by the prevalence of marriage practices between Muslim men or women and individuals from other religious backgrounds. The dichotomy between legal practices and legal norms consequently leads to a lack of legal certainty regarding its regulation in Indonesia. Therefore, this manuscript comprehensively elucidates interfaith marriage from Islamic legal perspectives, positive legal frameworks, and its practical legal implementation within the Indonesian context.
THE PRACTICE OF MONOPOLISING FISH PRICES ON TOKE BANGKU IN ISLAMIC ECONOMIC LAW’S PERSPECTIVE Herawati; Agustin Hanafi; Muhammad Husnul
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.6558

Abstract

The practice of monopoly is a type of violation in bermuamalah because it will cause the market mechanism to be disrupted, so that producers will get a large profit, while consumers due to the hoarding action will take suffering or loss. So, the result of monopoly is very unjust, selfish, and irresponsible. TPI Lampulo is one of the biggest fish trading transaction places in Banda Aceh. The determination of fish price dominated by Toke Bangku, the price has been going on for a long time. It is shown that the sale and purchase is not based on willingness and is reasonable, while Toke Bangku to set the selling price of fish depends on the weather and market conditions. This research uses a descriptive method, and the data is analysed qualitatively. Data were collected based on field research and literature review. The results showed that the price applied by Toke Bangku was not so according to the fishermen because of the law of price, while Toke Bangku determined the selling price following the weather conditions at sea and the market. In the review of Acehnese customs, Toke Bangku's pricing is in accordance with the laws and customs since the time of the sultanate of Aceh. Meanwhile, according to the Islamic economic perspective, Toke Bangku and fishermen receive rewards in this world and the next. This indicates that the value of tawhid is always embedded in life.
Co-Authors Agustin Hanafi Agustin Hanapi Aini, Sarina Asmuni Asmuni Bukhari Ali Daniela, Nadya Pratiwi Edi Yuhermansyah Fahri, Marjana Fauziati Fauziati, Fauziati Herawati Iskandar Usman Jannah, Khairatul Junanah Junanah Khairul Badri, Khairul Lubis, Asmuliadi Maghfirah Maghfirah Maulina, Nurul Muntoha Muntoha Muqaddas, Abe Yafi Mursyid Djawas Natasya Solin, Siti Dian Reza, T. Surya Riski, M. Romi Shabarullah, Shabarullah Siti Jum’ah Solin, Siti Dian Natasya Soraya Devy Soraya, Wiranda Suarni Suarni Syahrizal Abbas Wahyuni, Yenny Sri Yusdani Yusdani