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Sanksi Berat Bagi Pelaku Korupsi dalam Perspektif Maslahah Mursalah Mahmudin Hasibuan; Try Sutrisno; Nurfitryani Siregar
Dirosah Islamiyah Vol 1 No 2 (2026): April
Publisher : Dirosah Islamiyah: Jurnal Studi Islam

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Abstract

This study aims to examine the sanctions imposed on perpetrators of corruption according to Islamic law and to analyze the relevance of these sanctions in achieving public welfare and social benefit (maslahah). The research employs a library research method by examining various Islamic legal sources, scholarly opinions, and relevant literature concerning corruption and criminal sanctions. The findings reveal that corruption is categorized as a ta'zir offense in Islamic law, allowing authorities to determine appropriate punishments based on the severity of the crime. Corruption is often associated with al-ghulul, namely the betrayal or embezzlement of public assets. Islamic legal scholars propose sanctions ranging from dismissal from office, imprisonment, confiscation of assets, and, in severe cases, the death penalty. Muhammadiyah scholars further equate corruption with hirabah due to its destructive impact on society and state finances, referring to Surah Al-Ma’idah verse 33 as the legal basis for severe sanctions. The study also emphasizes that effective anti-corruption measures should include moral and spiritual development, fostering awareness of accountability before God and the consequences of unlawful wealth. Islamic teachings warn that acts of corruption lead to severe punishment in the Hereafter and that charitable deeds funded through corrupt wealth are not accepted. Therefore, strict legal sanctions and moral education are considered essential for preventing corruption and promoting justice
Analisis Tentang Putusnya Perkawinan karena Istri Murtad (Analisis Putusan Pengadilan Agama Sibuhuan No 255/PDT.G/2023/Sibuhuan ) Ismail Nasution; Ali Ardin Nasution; Mahmudin Hasibuan
Sujud: Jurnal Agama, Sosial dan Budaya Vol. 2 No. 1 (2026): JANUARI
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/wyjvtd94

Abstract

The purpose of this study is to determine the dissolution of marriage due to wife M (Analysis of the Sibuhuan Religious Court Decision No. 255 / Pdt.D / 2023 / PA Sibuhuan). The usefulness of this study is expected to be useful information for researchers, especially in fulfilling the requirements for a Bachelor of Laws degree as well as a reference for similar researchers and can provide understanding and knowledge about the dissolution of marriage due to apostasy of the wife (analysis of the Sibuhuan Religious Court Decision No. 255 / Pdt.D / 2023 / PA Sibuhuan. This research is a field research, which is a research that is directly related to the object being studied. The method used in this study is a qualitative descriptive method. For data collection, the data collection instruments used are observation, interviews and documentation. The data processing is carried out by conducting a study of the theory of reality that exists at the research site. The results of the study concluded that: first, the judge's consideration in deciding the case of dissolution of marriage because the wife apostatized (analysis of the decision of the Sibuhuan Religious Court No. 255 / Pdt.D / 2023 / PA Sibuhuan, namely the applicant and respondent's family were not harmonious because since the applicant was sick and at that time the respondent decided to migrate to Pekanbaru City and when the respondent returned he had remarried and at that time the applicant decided to divorce the respondent because he had remarried and had apostatized and did not want to return to Islam. The applicant and respondent cannot be reconciled and have been going on continuously. Then the legal basis for the judge in deciding this case to be fasakh is Article 116 letter (h) of the compilation of Islamic law. The legal consequences arising from the fasakh decision are that the marriage contract is canceled absolutely, this indicates that the relationship between the two is legally broken and there is no longer a special bond or relationship. If during the iddah period, the wife has not repented, then she is not allowed to reconcile or enter into a new marriage contract. Other consequences of fasakh are: the wife does not receive a living, the child's position remains as a legitimate child, the obligation to care for the child, joint assets are divided fairly. And it also results in an apostate husband or wife not having the right to be the guardian of another Muslim person.
Konsep Ithaqah Ibadah Puasa Ramadhan dalam Perspektif Hukum Islam (Studi Kasus Desa Tanjung Bale Kecamatan Sosa) Syafaruddin; Ahmad Alwi Hutauruk; Mahmudin Hasibuan
Sujud: Jurnal Agama, Sosial dan Budaya Vol. 2 No. 1 (2026): JANUARI
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/7akes295

Abstract

The purpose of this study was to determine: (1) the concept of ithaqah for those observing the Ramadan fast according to Islamic law, and (2) the views of the Tanjung Bale village community, Sosa District, Padang Lawas Regency, regarding the ithaqah for the Ramadan fast. This study is field research, namely research conducted with the aim of intensively studying the background and environment that occurs in a social unit, using a descriptive research approach. The conclusion is that the concept of ithaqah for the Ramadan fast according to Islamic law is the ability to fast without harming the body and internal organs. This means being able to restrain oneself from hunger and thirst, and the genitals from lust. Ithaqah for fasting is a Muslim who is sane, mature, healthy, and settled. The opposite of ithaqah is excuse. Therefore, excuses for fasting in Ramadan include illness, pregnancy, breastfeeding, travel, old age, extreme hunger and thirst, and coercion. Therefore, whenever a sick person misses a fast, they should make up for the missed fast when they have recovered and are healthy. The view of the people of Tanjung Bale village, Sosa District, Padang Lawas Regency regarding the Ithaqah of Ramadhan fasting is to restrain the stomach from food and drink and the genitals from sexual urges or the desire to perform sexual intercourse. Likewise, restraining hearing, sight, speech, hands, feet and all body parts from various sins. Meanwhile, people who have the excuse to fast must have good manners. Because fasting will train oneself and one's desires from evil things within oneself. Because fasting will train oneself and one's desires from evil things within oneself.
Customary Violations in the Walimah al-'Urs Tradition: A Study in the Perspective of Islamic Law Mahmudin Hasibuan; Ebin Saleh Hasibuan; Alwi Hamdani Hasibuan; Maulana Ibrahim Ritonga
Islamic Circle Vol. 6 No. 1 (2025): Islamic Circle
Publisher : Prodi Hukum Ekonomi Syari'ah STAIN Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/islamiccircle.v6i1.2473

Abstract

This research examines customary violations in the walimah al-'urs tradition that contradict Islamic law, focusing on practices in Indonesian society. The background of the research shows that many local wedding traditions contain elements that are not in accordance with the principles of sharia, such as extravagance, discrimination, and entertainment that violate Islamic norms. The research method uses a qualitative approach through library research by analysing classical turats books such as Al-Muhazzab, Fathul Wahab, and sahih traditions from Sahih Bukhari-Muslim. Comparative analyses were conducted on the views of the four schools of fiqh as well as contemporary literature related to Islamic law and marriage traditions. The results identified three main forms of violations: entertainment practices involving gender mixing and forbidden music, discrimination in the treatment of invited guests, and extravagance that contradicts the Islamic principle of modesty. These findings are supported by qath'i propositions from the Quran and Sunnah. The discussion emphasises that Islam recognises valid customs (urf sahih) as long as they do not contradict clear texts. The study offers concrete solutions in the form of: replacing un-Islamic entertainment with halal alternatives, implementing hospitality protocols that comply with the Islamic principle of equality, and community education programmes involving religious and traditional leaders. The research conclusions present a framework for harmonising cultural traditions with sharia compliance in wedding celebrations, emphasising the supremacy of Islamic legal principles while valuing positive cultural elements. This research makes an important contribution in guiding Muslim communities to conduct sharia-compliant walimahs without losing good cultural values
The Law of Polygamy According to Fikih Lughowi (Study of the Letter Athaf in Surah An-Nisa Verse 3) Mahmudin Hasibuan; Maulana Ibrahim Ritonga
Islamic Circle Vol. 6 No. 2 (2025): Islamic Circle
Publisher : Prodi Hukum Ekonomi Syari'ah STAIN Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/islamiccircle.v6i2.3001

Abstract

The Quran, Surah An Nisa verse 3, is often used as a normative basis in discussions of polygamy law, particularly in relation to differences in understanding the meaning of the letter Athaf waw in the phrase matsna wa tsulatsa wa rubaa. These differences in linguistic interpretation have direct implications for determining the limit on the number of wives in Islam and have sparked debate among scholars. This study aims to analyze the meaning of the letter Athaf in QS. An Nisa verse 3 through a linguistic fiqh approach and explain its implications for the determination of polygamy law. The research method used is literature research with a qualitative descriptive approach, through Arabic linguistic analysis and tracing the views of classical and contemporary mufassir and fuqaha. The results show that the letter Athaf waw in the verse does not mean addition of numbers, but functions as a connecting choice that is limiting in nature. Therefore, polygamy in Islam is permitted with a maximum of four wives on the condition of fairness. This finding confirms that polygamy is limited and cannot be understood as unlimited freedom, while also reinforcing the importance of the linguistic fiqh approach as a methodological basis in istinbat al Ahkam in the study of islamic family Law.