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All Journal AT-TAFAHUM: Journal of Islamic Law Journal Analytica Islamica Al-Usrah : Jurnal Al-Ahwal As-Syakhsiyah AS-SÂIS (JURNAL HUKUM TATA NEGARA ISLAM/SIYASAH)
Hasanah, Uswatun
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice

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CHILD PROTECTION IN THE FAMILY ENVIRONMENT BASED ON SHARI'AH VALUES riska, Jumita; Wani, Wani; Hasanah, Uswatun
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 1 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i1.23292

Abstract

ABSTRACT:Marriage constitutes a legally recognized institution for establishing a family and procreating, aligned with human nature. Every marriage inherently embodies significant expectations, notably the birth of children to perpetuate the family lineage. Having offspring is a universal aspiration for married couples. The presence of children fosters a harmonious marital relationship, as spouses collaboratively provide love, support and care. Children's arrival strengthens the bond between spouses, fostering shared responsibility for nurturing, upbringing and mutual affection. A child undergoes developmental stages from infancy to adulthood, ultimately becoming self-sufficient. Parents bear responsibility for providing necessities, education and guidance. Beyond basic care, instilling Islamic values (Syari'ah) is crucial, enabling children to embody these principles, ensuring their well-being and protection throughout adulthood.Keywords: Child; Protection; Syari'ah.  
APPLICATION OF USHUL FIQH TO MARRIAGE AND DIVORCE AGREEMENTS VIA TELEPHONE Hasanah, Uswatun; yuslem, Nawir; Khairi, Nispul
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Abstract

The phenomenon of carrying out marriage contracts and divorces via telephone has raised debate among Muslim scholars and intellectuals regarding its legal validity according to Islamic law. This issue has become increasingly relevant in the era of globalization and the COVID-19 pandemic which limits physical meetings, thus requiring in-depth study through the perspective of ushul fiqh to provide comprehensive legal clarity. This study aims to analyze the validity of marriage contracts and divorces carried out via telephone based on the rules of ushul fiqh, identify the conditions that must be met in their implementation, and formulate practical guidelines for Muslims in dealing with situations that require the implementation of these contracts via long-distance communication media. The research method used is qualitative research with a normative legal approach, using descriptive-comparative analysis techniques. Primary data were obtained from the Qur'an, Hadith, and the opinions of classical and contemporary scholars, while secondary data came from fiqh literature, ushul fiqh, and relevant previous research. The analysis was carried out using ushul fiqh rules such as qiyas, istihsan, istislah and Sad Ad-Dzariah. The results of the study indicate that the application of ushul fiqh to marriage contracts and divorce via telephone can be considered valid on the condition that the pillars and requirements of marriage that have been determined by sharia are fulfilled, including the clarity of the identities of the parties, the presence of witnesses who can hear clearly, and the certainty that the ijab qabul really comes from the parties concerned. Divorce via telephone has a more complex level of validity, where its validity is highly dependent on the clarity of the wording, the full awareness of the husband, and the verifiability of the identity of the person pronouncing the divorce. The application of the maslahah and dharurah (emergency conditions) rules provides flexibility in special situations that require the implementation of the contract via telephone.
CONSUMER PROTECTION AGAINST GHOST SELLERS IN THE SHOPEE MARKETPLACE FROM THE PERSPECTIVE OF LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION AND COMPILATION OF SHARIA ECONOMIC LAW Harahap, Nur Roudoh; Hasanah, Uswatun
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25823

Abstract

The rapid development of information technology has driven the emergence of various forms of electronic commerce (e-commerce), including marketplace platforms such as Shopee. This online transaction model has transformed the interaction between sellers and buyers into a non-face-to-face system, thus creating new complexities in the legal relationship between businesses and consumers. Amidst this progress, the phenomenon of ghost sellers has emerged, namely fictitious sellers (fake store accounts) who are irresponsible and misuse the platform's identity and system to deceive consumers, one of which is by sending goods that do not match the description or not sending goods at all. This phenomenon is increasingly widespread with the increase in digital transactions on e-commerce platforms, especially during major promotional events such as Harbolnas and Ramadan Sale. This study aims to examine the analysis of ghost seller practices in the Shopee marketplace, the form of consumer protection for ghost sellers in the Shopee marketplace from the perspective of Law Number 8 of 1999 concerning Consumer Protection and the Compilation of Sharia Economic Law, as well as Shopee's responsibility for losses experienced by consumers. This study uses a normative method with a statutory approach and a study of Islamic legal literature to analyze the responsibilities of businesses and protection of consumer rights. The results of the study indicate that the form of consumer protection that is harmed by ghost sellers on the Shopee platform is related to violations of the provisions of Articles 4, 7, 8 and 19 of the Consumer Protection Law (UUPK) which guarantees consumers' rights to comfort, security, correct and honest information, and products that comply with the agreement, and are prohibited in the KHES because they contain elements of fraud (tadlis) and ambiguity (gharar) as regulated in articles 22, 23, and 24 of the KHES. On the other hand, Shopee is responsible for consumer losses by providing protection through a complaint system, Shopee guarantee and a refund mechanism if the item does not match the description. However, if the transaction is carried out outside the official Shopee system, the loss is the responsibility of the consumer. Therefore, both in positive law and Islamic economic law, consumer protection is an obligation that must be enforced to maintain trust and fairness in online transactions.
THE POSITION OF MASHALIH AL-MURSALAH AS LEGAL EVIDENCE hasanah, uswatun; Asmuni, Asmuni; Syahnan, Muhammad
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 12, No 2 (2024): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v12i1.23352

Abstract

Mashalih al-mursalah is an important methodological concept in the development of Islamic law that often causes debate among scholars. The complexity of using this method in determining contemporary Islamic law requires in-depth study to understand its position and significance as one of the legal arguments. This study aims to analyze the position of Mashalih al-mursalah within the framework of Islamic legal methodology and evaluate the relevance of Mashalih al-mursalah in responding to modern legal challenges. The study was conducted using a normative-philosophical qualitative approach through a literature review. Data collection was carried out by examining primary and secondary sources from usul fiqh literature, classical books, and contemporary references. Data analysis techniques used descriptive-analytical, inductive-deductive, and hermeneutic methods to comprehensively interpret the concept of Mashalih al-mursalah. The results of the study found that Mashalih al-mursalah has a significant position as a legal argument, with the note that Mashalih al-mursalah can be used to establish laws in contexts that do not have a direct textual basis from the Qur'an and Hadith and has a strategic role in accommodating the development of Islamic law in accordance with social changes and the current context.
Co-Authors Asmuni, Asmuni Harahap, Nur Roudoh Khairi, Nispul riska, Jumita Syahnan, Muhammad Wani, Wani yuslem, Nawir