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TINJAUAN HUKUM ISLAM TERHADAP PERAN NOTARIS DALAM PEMBUATAN AKTA JUAL BELI (Studi Kasus Di Kantor Notaris/PPAT Manahan Nursania Dasopang
Journal Khafi : Journal Of Islamic Studies Vol. 1 No. 2 (2023)
Publisher : Journal Khafi : Journal Of Islamic Studies

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Abstract

The role of the Notary-PPAT in the services sector is as an official authorized by the State to serve the community in the notarial sector. The notarial field itself includes making sale and purchase deeds, gift deeds, inheritance distribution, granting mortgage rights, as well as the deed of establishment and articles of association of a company, and other deeds. In the practice of community life, there are still several legal acts aimed at transferring land rights that are not made by and before a Notary-PPAT. A notary is a public official who has the authority to make authentic deeds and other authorities as intended in Law Number 30 of 2004 concerning the Position of Notaries. Meanwhile, PPAT is a public official who is given the authority to make authentic deeds regarding certain legal acts regarding land rights or ownership rights to apartment units (Article 1 number 1 PP Number 37 of 1998).
Hak Waris Beda Agama Perspektif Maqashid Syari’ah Nur Sa’adah Harahap; Nursania Dasopang
Jurnal Manajemen dan Pendidikan Agama Islam Vol. 3 No. 2 (2025): Jurnal Manajemen dan Pendidikan Agama Islam
Publisher : Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/jmpai.v3i2.986

Abstract

This study examines the issue of distributing inheritance rights in the context of religious differences among heirs, which is often a complex issue in Islamic law. In traditional fiqh, heirs of different religions are generally not entitled to receive a share of a Muslim's estate. However, the maqashid shari'ah approach, which focuses on the purpose and wisdom of shari'ah, opens up opportunities to reinterpret such rules in light of the principles of justice, beneficence and family harmony. This study aims to analyze how maqashid shari'ah can be applied to provide a solution to the issue of inheritance rights for heirs of different religions. Using normative research methods, this study identifies the relevance of maqashid shari'ah in maintaining social stability, avoiding conflict, and ensuring family welfare. One of the approaches discussed is the application of mandatory wills as a mechanism to provide financial rights to non-Muslim heirs without violating the basic principles of shari'ah. The results show that maqashid shari'ah offers flexibility in addressing contemporary challenges, including the issue of interfaith inheritance. This approach not only emphasizes the importance of maintaining family relationships, but also creates a balance between normative justice and the practical needs of modern society.Thus,maqashid shari'ah becomes a relevant framework to answer inheritance issues in the context of religious differences.
Perspektif Hukum Islam dan Hukum Positif Tentang Batas Usia Perkawinan Sakinah Azzahra Hsb; Nursania Dasopang
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i1.455

Abstract

This article examines the perspectives of Islamic law and positive law regarding the age limit for marriage. Age is generally seen as an indicator of maturity, though it is not always a reliable measure. The aim of this study is to explore the views of both Islamic law and positive law on the marriage age limit and its relevance in today's context. The research employs a normative juridical method, focusing on the applicable legal regulations. The findings reveal that Islamic law does not specify a particular age limit for marriage; rather, it relates to the stages of baligh (maturity) and rushd (wisdom). In contrast, positive law sets the marriage age limit for both men and women at 19 years.
PERAN KELUARGA DALAM PEMBENTUKAN IDENTITAS GENDER DAN BUDAYA DI ERA GLOBALISASI Hasibuan, Rosari Damayanti; H, Kurniawan; Sampurna Siregar; Nursania Dasopang
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1554

Abstract

Abstract The family plays a crucial role in shaping a child's gender and cultural identity from an early age. As the first social unit, the family teaches values, norms, and expectations related to gender roles and culture, which influence how children perceive themselves. In the context of globalization, the family's role becomes increasingly complex due to the influence of media, technology, and cross-cultural interactions that introduce new perspectives and norms. This study aims to investigate how families contribute to shaping children's gender and cultural identity amid the influences of globalization. The research employs a qualitative approach with a descriptive design. The findings indicate that children's gender identity is formed through parenting styles, communication, and social expectations imposed by parents. However, global media exposure often introduces foreign cultures that may blur local values. To address this, families need to play an active role by fostering critical thinking in children, strengthening local identity through arts and traditions, and creating space for healthy discussions on changing gender and cultural norms. By doing so, families can help children integrate traditional and modern values, enabling them to navigate the challenges of globalization without losing their sense of identity. Keywords: Family, Gender Identity and Culture, Globalization
A Review of Islamic Law on Property Ownership Rights from the Perspective of Fiqh Muamalah Saipul Bakhri; M. Wahid Rangkuti; Ayani Yusriza Mahendra; M. Arif Arifin; Nursania Dasopang
Al Urwah : Sharia Economics Journal Vol. 3 No. 2 (2025): Sharia Governance and Sustainable Finance
Publisher : Takaza Innovatix Labs Ltd.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61536/alurwah.v3i2.401

Abstract

This study examines Islamic law on property ownership rights from the perspective of Islamic jurisprudence (fiqh muamalah) amidst economic inequality and the lack of a national Sharia-based property codification. The aim is to analyze the classification, causes, types, and management of assets for practical guidance. Using a qualitative normative approach through literature review, the population includes Islamic jurisprudence (fiqh muamalah) literature, with a purposive sample of 20-30 primary (Quran, hadith) and secondary (fiqh texts, journals 2021-2025) sources. Instruments in the form of Sharia documents were analyzed descriptively and analytically with triangulation and synthesis of the maqasid (maqasid) of Sharia. The results show that assets (al-mal) are a divine trust, etymologically human instincts and terminologically valuable assets to be owned and transacted, classified as private, public, state, protected by the daruriyyat (private), hajiyyat (private), and tahsiniyyat (private). Ownership arises from ihya' mawat (promise), legal contracts, inheritance, and business proceeds, with an emphasis on halal distribution such as zakat. In conclusion, sharia-based codification is needed to prevent exploitation and realize just prosperity.
A Review of the Role of the Gold Rahn Contract in Islamic Banks in Educating and Boosting the Financial Improvement of the Community Nursania Dasopang; Siti Khadijah Matondang; Gusriandi; Rizka Makhrijan Zebua; Ainun Sarkiyah
Al Urwah : Sharia Economics Journal Vol. 3 No. 1: Sharia Governance and Sustainable Finance: Ethical Transformation in the Digital and G
Publisher : Takaza Innovatix Labs Ltd.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61536/alurwah.v3i1.408

Abstract

Islamic banks play an important role in providing Islamic financing through the Rahn Emas product, which offers quick liquidity with gold as collateral through the dual Qardh-Ujrah contract. Literature research using a normative-juridical approach aims to analyze the suitability of the Rahn Emas implementation to the DSN-MUI Fatwa No. 25/2002 and No. 26/2002, optimize the potential for financial literacy education, and synthesize contributions to the financial independence of the community from the perspective of maqasid sharia. The population includes normative sharia documents and secondary literature (1992-2025), with a purposive sample of 25-30 sources focused on the context of BSI KC Padangsidimpuan. Instruments consisting of the DSN-MUI fatwa, OJK regulations, and academic literature were analyzed through qualitative content analysis with source triangulation. The results show formal compliance through the separation of Qardh-Ujrah, but substantial issues in the calculation of ujrah are correlated with the loan amount, potentially resembling riba nasi'ah. Rahn Emas functions as a safety net to increase MSME productivity and financial literacy. The conclusion recommends standardization of real-cost-based ujrah, digital literacy workshops, and transparent accounting to strengthen sharia legitimacy and financial inclusion.
Sharia Buying and Selling Agreements in the Shadow of Artificial Intelligence: Contemporary Jurisprudence Review Majid Erlangga Hasibuan; Muhammad Raihan Ritonga; Nursania Dasopang
Al Urwah : Sharia Economics Journal Vol. 3 No. 2 (2025): Sharia Governance and Sustainable Finance
Publisher : Takaza Innovatix Labs Ltd.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61536/alurwah.v3i2.409

Abstract

The rapid integration of artificial intelligence (AI) into Sharia-based economic transactions introduces fundamental challenges to the validity of classical sales contracts, particularly concerning human intention (irādah), mutual consent (tarāḍī), and the prohibition of uncertainty (gharar). As automated systems increasingly mediate decision-making, traditional fiqh assumptions regarding transparency, agency, and contractual ethics are called into question. This study aims to critically examine the implications of AI-driven transactions for Sharia sales contracts and to formulate a normative reconstruction grounded in fiqh mu‘āmalāt. Employing a qualitative normative-analytical and conceptual-critical approach, this study analyzes classical and contemporary Islamic legal thought alongside recent discussions on AI in Sharia economics. The findings reveal that AI operates not merely as a technical tool but as a structural actor that reshapes contractual relations, generating new forms of opacity and asymmetry that may undermine Sharia principles if left unregulated. Consequently, Sharia contracts in AI-mediated transactions require reconstruction through contextual ijtihād that emphasizes algorithmic transparency, human oversight, and the safeguarding of maqāṣid al-sharī‘ah. This study contributes conceptually by advancing a maqāṣid-oriented framework for evaluating and adapting Sharia contracts in the digital economy, thereby extending the discourse of mu‘āmalāt fiqh beyond classical human-centered paradigms toward ethically responsive AI governance.
Pembagian Harta Warisan dalam Perspektif Hukum Islam, Hukum Adat, dan Hukum Perdata di Indonesia Indra Sakti; Nursania Dasopang
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/jzr4gw34

Abstract

This paradigm of Indonesian Islamic inheritance law is institutionalized in the Compilation of Islamic Law (KHI), which was enacted based on Presidential Instruction (Inpres) No. 1 of 1991. The provisions regarding inheritance are determined by Allah through His revelation in the Qur'an, which clearly articulates its intent and purpose. Various aspects still require clarification, both affirmative and detailed, as conveyed by the Prophet Muhammad (SAW) through his hadiths. Nevertheless, its application has sparked ongoing debate among Islamic legal scholars, which has been formulated into normative teachings. Inheritance law according to Islamic law is part of family law (al-Ahwalus Syahsiyah). This knowledge is very important to learn so that in the distribution of inheritance, there are no mistakes and it can be carried out as fairly as possible, because by studying Islamic inheritance law for Muslims, they will be able to fulfill their rights regarding inheritance after the death of the muwarris (decedent) and deliver it to the heirs who are entitled to receive it. Islamic inheritance law is a set of rules that governs the transfer of assets from a deceased person to their heirs. This means determining who the heirs are, the share of each heir, and determining the portion of the estate and inheritance given to the heirs.
Kewarisan Beda Agama dalam Perspektif Hukum Islam dan Kompilasi Hukum Islam: Analisis Normatif terhadap Putusan Pengadilan di Indonesia Sawaluddin Siregar; Nursania Dasopang
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/v877cw64

Abstract

This study examines the regulation of interfaith inheritance within the framework of Islamic law and the Compilation of Islamic Law (KHI) through a normative analysis of Indonesian court decisions. Islamic inheritance law fundamentally requires religious uniformity between the decedent and heirs, positioning religious difference as a legal impediment to inheritance. The KHI adopts classical Islamic jurisprudence by explicitly stipulating that only Muslim heirs are entitled to inherit from a Muslim decedent. However, judicial practice in Indonesia demonstrates a progressive development, particularly through Supreme Court decisions that introduce wasiat wajibah as an alternative legal mechanism to protect the civil rights of non-Muslim family members. This legal construction does not confer heir status but provides a mandatory bequest as a form of equitable distribution. The coexistence of strict normative rules and judicial discretion reflects an ongoing effort to balance legal certainty, justice, and social realities in pluralistic Indonesian society. The findings indicate that interfaith inheritance law in Indonesia evolves through jurisprudence rather than legislative reform, reinforcing the role of courts in bridging doctrinal rigidity and substantive justice.