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Legal Review of Regulations Regarding Online Begging on Social Media Based on the Siyasah Fiqh Perspective Simanungkalit, Diva Aulia; Pasaribu, Ilhamsyah
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.%p

This research aims to understand how online beggars develop on social media, find out how fiqh siyasa views online beggars on social media based on legal reviews in dealing with social problems. The method applied in this compilation is a normative-empirical approach which has descriptive-analytical characteristics, that is, it uses a method related to applying normative legal provisions (laws) to every event that occurs in society. Then an analysis of the data obtained is carried out systematically to obtain answers. Based on the research results, the government implements policies aimed at preventing and dealing with online beggars by issuing legal regulations. These policies include preventive and repressive measures. This policy is expected to prevent and reduce the development of beggars both online and offline, as well as encourage the productivity of beggars in society.

The Ruling on Having Intercourse with a Wife who has Completed Her Menses but has not done the Obligatory Ghusl according to Imam Abu Hanifah Ramadhan, Alif Randi; Pasaribu, Ilhamsyah
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.687-699

The purpose of this study aims to analyze the opinion of imam Abu Hanifah regarding the opinion of having sex with a wife who has finished her period but has not taken the obligatory bath. The type of research used is library research, with qualitative analysis methods using data in the form of verses of the Qur'an and hadith in various books of interpretation that contain related information. In this case, the author selects the data to be included in the writing according to the existing rules so that it can be easily understood regarding the sequence of the data to be analyzed using interpretation, through the data by using the rules of fiqh, while in analyzing the data collected through deductive and inductive methods, to implement the problem of menstruation when taking the opinion of imam Abu Hanifah based on the Qur'an and hadith. The conclusion of this research is the opinion of Imam Abu Hanifah that if the husband wants to have intercourse with his wife who has finished menstruating but has not taken a bath, it is permissible to have sexual intercourse even though he has not had time to take a janabah bath. The most important thing is that the blood has really stopped and does not come out again according to the conditions that have been determined. This research is expected to contribute to increasing understanding of the importance of understanding the relationship between wife and husband in the household. The findings of this study can be a reference for related parties, including family members, communities and educational institutions in realizing a good family.

Legal and Operational Analysis of Compensation for Spare Part Replacement in Car Rental Services Perspective Wahbah Zuhaili Sobri, Muhammad Arif; Pasaribu, Ilhamsyah
ASAS Vol. 16 No. 2 (2024): Asas, Vol. 16, No. 02 Desember 2024
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v16i2.25704

This study aims to analyze compensation due to the exchange of original spare parts by rental car renters from the perspective of Wahbah Zuhaili, with a case study on car rental company in Binjai City. The main problem faced by rental companies is financial and operational losses due to the actions of tenants who replace original spare parts with non-original ones. This study uses an empirical juridical approach with a case study method to explore how Islamic law, especially according to Wahbah Zuhaili's view, can be applied in this context. According to Wahbah Zuhaili, the tenant has full responsibility to maintain the rented goods and compensate for losses incurred due to negligence or intentional damage to the goods. In this case, the exchange of original spare parts with non-original ones by the lessee is a form of breach of contract and harms the car rental company. Islamic law stipulates that tenants are obliged to pay compensation equivalent to the value of the losses incurred. The results of the analysis show that the application of Islamic legal principles can provide justice for the aggrieved party. This study also found that the principle of compensation in Islamic law is in line with the positive law that applies in Indonesia. The study suggests that car rental companies strengthen clauses in lease agreements to protect their assets and ensure renters understand their responsibilitiesKeywords: Compensation; Sperpart Exchange; Wahbah Zuhaili's Thoughts;

Analysis of Law No. 13 of 2011 concerning Handling the Poor in Development and Distribution of Direct Cash Assistance Funds from Village Funds in Pematang Tengah Village, Tanjung Pura District, Langkat Regency, from the Perspective of Fiqh Siyasah Dusturiyah Lubis, Rianda; Pasaribu, Ilhamsyah
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1358

The aim of this research is to find out what has been done in the village government's work plan programs, such as building houses and distributing direct cash assistance funds, whether these programs are in accordance with the law and siyasah fiqh or not. However, researchers found that the programs implemented by the Langkat district government were not in accordance with Law no. 13 of 2011, article 14. because in the village there are already houses that have been built but only a few, but for the rest the Langkat district social services government is targeting houses to be built because there are only a few houses that have not been built, therefore the district social services government has not yet directly carried out the order of Law no. 13 of 2011 article 14.

A Legal Analysis of Justice in the Fiqh Siyasah Perspective on the Additional Voters List Regarding the Double Voter Case in the 2020 Labuhanbatu Regent Election Dispute Riyoeda, Adrian; Pasaribu, Ilhamsyah
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.461

The 2020 Labuhanbatu Regent Election Dispute, culminating in a Constitutional Court Decision, highlights the crucial issue of voter roll integrity, particularly concerning the double voter within the Additional Voters List. This research aims to unravel the causal factors that trigger the occurrence of the double voter and to assess the normative validity and integrity of the Additional Voters List from the perspective of fiqh siyasah. Employing a normative legal research method with a case approach, this study qualitatively analyzes Constitutional Court Decision Number 58/PHP.BUP-XIX/2021 and its related statutory regulations. The analysis finds that the phenomenon is rooted in a multi-layered problem. These factors range from procedural negligence by administrators at the technical level to the weak competence and integrity of human resources, as well as systemic weaknesses, including population data management and a lack of inter-agency coordination. It is concluded that from the fiqh siyasah perspective, the practice of the double voter is not merely an administrative violation. It constitutes a betrayal (khiyanah) of the public trust (amanah) that fundamentally undermines the principle of justice (‘adl) and corrupts the public good (maslahah al-’ammah), thereby nullifying the legitimacy of the electoral process.

EFEKTIVITAS PERATURAN PEMERINTAH NO. 43 TAHUN 2014 TENTANG DESA TERHADAP TINGGINYA KASUS KORUPSI DANA DESA PERSFEKTIF FIQH SIYASAH Natasyah, Indah Nurhazlin; Pasaribu, Ilhamsyah
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.782

Based on data from Indonesia Corruption Watch (ICW), the village budget is the most vulnerable to corruption. In the last seven years, there have been 592 cases of corruption, and ICW noted that the village government was the institution that carried out the biggest corruption cases. This research uses a type of normative juridical research that refers to statutory law, namely PP No. 43 of 2014 concerning implementing regulations for the Village Law and other literature as a support for literacy with the aim of knowing the effectiveness of these regulations for the high number of village fund corruption cases in Indonesia and their studies according to fiqh siyasah. The results of this study indicate that PP No. 43 of 2014 when analyzed based on a juridical approach, namely Law no. 12 of 2011 concerning the procedure for forming laws and regulations, there are elements that do not work effectively in society, namely elements of usability and efficiency, PP No. 43 of 2014 does not clearly provide oversight over the use of Village Funds by the village government, it should be as implementing regulations of the Village Law PP No. 43 of 2014 provides effective efficiency, especially in limiting cases of village fund corruption in Indonesia.

Efektivitas Samsat Keliling dalam Upaya Meningkatkan Wajib Pajak Masyarakat Kota Medan Perspektif Fiqh Siyasah Rawih, Mhd. Fadlan; Pasaribu, Ilhamsyah
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1029

This research aims to find out how the planning and implementation of mobile samsat increase taxpayers in the people of Medan City from a fiqh siyasah perspective and the factors that influence mobile samsat in an effort to increase taxpayer compliance in the people of Medan City from a fiqh siyasah perspective. The type of research used is qualitative research with a descriptive qualitative approach. The data collection techniques used are observation, interviews and documentation, while the data analysis techniques used are data reduction, data display and data verification. The results of this research show that in terms of management related to the planning and implementation of the mobile Samsat, the principles of fiqh siyasah have been implemented, namely by establishing an institution to manage the regional wealth of Medan City with the principle of objective social benefit which prioritizes the interests of the people rather than individual interests. However, in terms of improving services, we are still not able to contribute optimally, this can be seen from the existence of tax payment brokers who give rise to a negative perspective in society and are not in accordance with Islamic law. The results of this research can provide input to the Mobile Samsat in carrying out the Mobile Samsat Program in an effort to increase taxpayers in the people of Medan City from a fiqh siyasah perspective.

Sikap atas Ikhtilaf Fiqh Ibadah menurut Yusuf al-Qaradhawi: Pencegahan Konflik Internal Umat Islam di Indonesia Pasaribu, Ilhamsyah
Borneo : Journal of Islamic Studies Vol. 6 No. 1 (2025): BORNEO: Journal of Islamic Studies
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/borneo.v6i1.4434

People today have access to the diverse opinions that exist within fiqh al-‘ibādah (jurisprudence of worship), which consequently leads to differences in religious practice. As a result, ikhtilāf (juridical disagreement) may arise, potentially giving way to conflict. How, then, should a Muslim respond to ikhtilāf within fiqh al-‘ibādah? Yusuf al-Qaradawi has proposed a particular attitude toward dealing with ikhtilāf in matters of worship. This study seeks to explore the attitude recommended by Yusuf al-Qaradawi in addressing ikhtilāf within fiqh al-‘ibādah. To answer this question, a doctrinal legal research method was employed. The primary data source is his work al-Ṣaḥwah al-Islāmiyyah bayna al-Ikhtilāf al-Mashrū‘ wa al-Tafarruq al-Madhmūm. The findings indicate that there are six recommended attitudes for dealing with ikhtilāf in fiqh al-‘ibādah to prevent conflict: first, sincerity toward Allah (SWT) and detachment from personal desires; second, avoidance of fanaticism (ta‘aṣṣub), whether toward a teacher, a school of thought, or a group; third, maintaining good assumptions about others; fourth, refraining from blaming or finding faults in fellow Muslims; fifth, avoiding argumentative behavior and obstinacy in disputes; and sixth, engaging in dialogue through the best and most respectful means.

TINJAUAN YURIDIS TERHADAP JUAL BELI ROKOK KEPADA ANAK DI BAWAH UMUR DALAM PP NO. 28 TAHUN 2024 TENTANG KESEHATAN PERSPEKTIF SADD ADZ-DZARI’AH Hasibuan, Riki Alamsyah; Pasaribu, Ilhamsyah
QANUN: Journal of Islamic Laws and Studies Vol. 4 No. 2 (2025): QANUN: Journal of Islamic Laws and Studies
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/qanun.v4i2.1115

Penelitian ini dilatarbelakangi oleh maraknya transaksi jual beli rokok kepada anak di bawah umur. Penelitian ini bertujuan untuk mengkaji praktik jual beli rokok kepada anak di bawah umur berdasarkan Peraturan Pemerintah Nomor 28 Tahun 2024 tentang Kesehatan serta ditinjau dari perspektif sadd adz-dzari’ah. Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif dengan menelaah berbagai sumber hukum. Adapun bahan hukum primer yang digunakan mencakup peraturan perundang-undangan yang bersifat mengikat, seperti Undang-Undang dan Peraturan Pemerintah Nomor 28 Tahun 2024 tentang Kesehatan. Adapun bahan hukum sekunder yang digunakan dalam penelitian ini berupa literatur hukum Islam yang membahas mengenai konsep sadd adz-dzari’ah. Hasil penelitian menunjukkan bahwa praktik penjualan rokok kepada anak di bawah umur umumnya dilakukan melalui sistem penjualan eceran. Strategi pemasaran yang digunakan meliputi pemanfaatan jaringan merek internasional, kerja sama dengan influencer, mengikuti tren yang sedang berkembang, serta promosi produk tembakau dan nikotin di berbagai media digital. Praktik tersebut secara jelas bertentangan dengan ketentuan yang tercantum dalam Peraturan Pemerintah Nomor 28 Tahun 2024 tentang Kesehatan. Dalam pandangan sadd adz-dzari’ah, praktik jual beli rokok kepada anak di bawah umur termasuk dalam kategori yang harus dihindari, karena potensi kerusakan (mafsadat) yang ditimbulkannya jauh lebih besar dibandingkan dengan manfaat (maslahat) yang mungkin diperoleh.

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