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All Journal Al Hurriyah : Jurnal Hukum Islam Hakamain: Journal of Sharia and Law Studies
Abdulsiddik, Yusep
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Religious Court Decisions in Resolving Inheritance Disputes Still Under Collateral a Maqashid Syariah Perspective Abdulsiddik, Yusep; Roza Elsera, Utari; Husni, Alfi
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): December 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.342

Abstract

Inheritance law governs the transfer of wealth left by a deceased person and its impact on the heirs. Issues often arise regarding the management and continuation of the rights and obligations of the deceased. This study aims to describe inheritance cases still under collateral at the Religious Court of Talu and to analyze the judicial decision from the perspective of Maqashid Syariah. The study employs two approaches: the statute approach and the analytical approach. The research findings show that the judge granted the inheritance dispute still under collateral with case registration number 559/Pdt.G/2022/PA.Talu. This was due to the judge's application of "rule-breaking," meaning the judge bypassed positive legal rules or written law that were deemed unjust for the seeker of justice. From the perspective of Maqashid Syariah, this decision falls under the category of hajiyyah in the aspect of hifdz mal, meaning that while the need may not result in harm if unmet, it can create various difficulties. Inheritance assets should ideally be distributed promptly to avoid delay and be given to the rightful heirs. In this context, postponing the distribution until the collateral obligations are resolved serves to provide certainty, justice, and prevent potential conflicts among heirs. Thus, the decision aligns with the objectives of Islamic law, which aim to bring benefit and prevent harm.
Catha Edulis Consumption and its Effects on Economic and Social Well-Being in Yemen Abdulsiddik, Yusep; Afifah, Sarah
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8581

Abstract

This qualitative study investigates the impact of Catha edulis (qat) consumption on the economic and social well-being in Yemen, employing the Maqashid Syari'ah framework and a review of relevant literature. Based on secondary data from prior research and sources on Maqashid Syari'ah, the study reveals that qat consumption has significant negative effects on Yemeni society. Socially, it leads to diminished productivity, higher unemployment, and strained family relationships. Economically, the expense of qat diverts resources from essential needs, worsening poverty. Additionally, excessive qat use is linked to health issues, such as oral diseases and psychological problems, which further deteriorate societal well-being. The analysis, viewed through the Maqashid Syari'ah perspective which aims to protect and promote the well-being of individuals and society highlights a misalignment between qat’s socio-cultural benefits and Shariah objectives of safeguarding health, wealth, and family integrity. The study concludes with recommendations for policy and community strategies to address the adverse impacts of qat and foster a more comprehensive approach to improving well-being in Yemen
Catha Edulis Consumption and its Effects on Economic and Social Well-Being in Yemen Abdulsiddik, Yusep; Afifah, Sarah
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8581

Abstract

This qualitative study investigates the impact of Catha edulis (qat) consumption on the economic and social well-being in Yemen, employing the Maqashid Syari'ah framework and a review of relevant literature. Based on secondary data from prior research and sources on Maqashid Syari'ah, the study reveals that qat consumption has significant negative effects on Yemeni society. Socially, it leads to diminished productivity, higher unemployment, and strained family relationships. Economically, the expense of qat diverts resources from essential needs, worsening poverty. Additionally, excessive qat use is linked to health issues, such as oral diseases and psychological problems, which further deteriorate societal well-being. The analysis, viewed through the Maqashid Syari'ah perspective which aims to protect and promote the well-being of individuals and society highlights a misalignment between qat’s socio-cultural benefits and Shariah objectives of safeguarding health, wealth, and family integrity. The study concludes with recommendations for policy and community strategies to address the adverse impacts of qat and foster a more comprehensive approach to improving well-being in Yemen
Co-Authors Afifah, Sarah alfi husni, alfi Roza Elsera, Utari