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Division Of Joint Property In The Panyabungan City Community, Mandailing Natal Regency, As Reviewed From UU No. 1 Of 1974 And KHI David Nwanna Dumbiri; Zuhdi Hasibuan
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

The purpose of this thesis is to understand the concept of Law No. 1 of 1974 and the KHI regarding the division of joint property, to understand the distribution of joint property in Panyabungan City District, and to identify the factors underlying the division of joint property in Panyabungan City District. The research method used by the author is field research, where all data is obtained from the field. In this approach, the research is conducted in a natural setting but is preceded by some form of intervention from the researcher. The research will be conducted in Panyabungan City District, Mandailing Natal Regency. This article presents findings that the general understanding of the distribution of joint property among the people of Panyabungan Kota sub-district is still lacking. Only community leaders, and even then, only partially understand the concept. Many people in Panyabungan Kota sub-district still do not share joint property. However, some people do share joint property. However, the existing system of sharing joint property in this sub-district is still far from what is stipulated in community regulations. The dominant distribution of joint property is based on whoever has the most or who always earns the living in the household, who receives the largest share. The factors contributing to the poor implementation of joint property distribution in Panyabungan Kota sub-district are a general lack of understanding of joint property distribution, factors of justice, and economic factors.

TINDAK PIDANA PENODAAN AGAMA DI INDONESIA: Tinjauan Pengaturan Perundang-Undangan dan Konsep Hukum Islam Muhammad Dahri
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : UIN SU

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Abstrak: Pengimpementasian UU No. 1 PNPS Tahun 1965 menimbulkan kontroversi di kalangan para ahli hukum di Indonesia. Dalam kontroversi itu dinilai peraturan UU No. 1 PNPS Tahun 1965 beseberangan dengan UUD Pasal 29 ayat (2), tidak sesuai dengan hukum Islam, sejalan antara UUD 1945 Pasal 29 dan UU No.1 PNPS Tahun 1965 dengan Hukum Islam. Artikel ini akan mengkaji peraturan UU No. 1 PNPS 1965, konsep Islam terhadap penodaan agama, dan perbandingan antara Perundang-undangan dengan hukum Islam. Dengan melihat sejarah dan kajian mashlahat ad-dharuriah (hifzh ad-dîn) dan teori murtad yang pada kesimpulannya, pengaturan tindak pidana penodaan agama di Indonesia adalah bahagian dari kejahatan terhadap agama dan bertujuan mempertahankan pancasila sebagai ideologi negara, karena Indonesia adalah negara beragama (religions state), mencegah terjadinya konflik agama serta untuk mempertahankan keharmonisan sosial. UU PNPS sejalan dengan Pancasila dan tidak bertentangan dengan pasal 29 ayat (2) UUD 1945. Pengaturan UU No. 1 PNPS Tahun 1965 untuk kejahatan terhadap agama sedangkan Pasal 156a KUHP untuk kejahatan agar tidak beragama. Konsep penodaan agama dalam Islam, disebut dengan Istilah istihza, tadnis, tha’an, adza yaitu perbuatan menghina, melecehkan, mencaci-maki/mencerca atau mengolok-olok, menjadikan pelakunya murtad harby atau mughallazhah, diberi sanksi hudud. Akan tetapi jika hanya keluar dari Islam tanpa ada maksud dan perbuatan menginjak kebebasan beragama atau aturan-aturan dalam beragama, atau semata-mata atas kebodohannya maka tergolong kepada murtad dzimmi/jahily. Adapun perbandingannya adalah bahwa Islam memberikan kebebasan memilih agama sebagaimana Q.S. al-Kafirun: 1-6 dan Q.S. al-Baqarah: 256 demikian pula peraturan perundang-undangan yang diatur dalam pasal 29 ayat (2) UUD 1945. Kemudian pelarangan melakukan penodaan, penghinaan, atau pelecehan terhadap agama diatur dalam UU No. 1 PNPS Tahun 1965 dan KUHP 156a sejalan dengan Q.S. al-An‘am: 108 tentang dilarangnya melakukan penodaan terhadap agama, hanya saja butuh penyempurnaan dan penyesuaian.Kata Kunci: hukum Islam, penodaan agama, pidana, Indonesia

Distribution of Zakat At the Baitul Maal Foundation of Bank Rakyat Indonesia (YBM-BRI) Medan Regional Office Towards Victims of the Sinabung Eruption Disaster Dedy Efendi
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Islamic teachings make zakat a form of worship with social aspects to serve as a foundation for building a system that realizes the welfare of this world and the hereafter by integrating it into worship, which means giving a significant role to the belief in faith that controls a believer in his life. In distributing zakat, of course, attention must be paid to the place or location of the zakat target, namely by prioritizing domestic distribution, by conducting local distribution or prioritizing zakat recipients who are in the closest environment to where the zakat funds are collected (muzakki area) or zakat institutions compared to distribution to other areas. The many new, unexpected events, pressing needs of the community, and people who are pressed to meet their living needs are new problems in fiqh, especially zakat. One group that is pressed and in dire need of assistance are victims of natural disasters, where currently many natural disasters are affecting communities in various regions.

Implementation Of Decisions On Inheritance Disputes Resolved Through Mediation At The Lhoksukon Syar'iyah Court: Case Study On Decision Number: 493/PDT.G/2015/MS-LSK Imamuddin Imamuddin; Sabarudin Sabarudin
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

The division of inheritance sometimes runs smoothly without any dispute at all, sometimes it must go through a dispute. The division of inheritance that is carried out through a dispute can often be resolved through peace but sometimes it must take legal action through a lawsuit to the court. The division of inheritance that runs without dispute also needs to be determined by the court, this is to avoid undesirable things. This type of research is normative legal research conducted at the Lhoksukon Syar'iah Court. The nature of this research is descriptive, namely defining systematically, factually and accurately which focuses on discussing the implementation of decisions on inheritance disputes resolved through mediation at the Lhoksukon Syar'iah Court. The theory used in writing this thesis is maslahah. The results of the study indicate that the submission of the lawsuit uses a request method addressed to the Chief Justice of the Court. The mediation resume is formulated by the parties immediately after the case title hearing and discussed with the Mediator during the first mediation, the Mediator reports it to the Case Examining Judge in writing by attaching the peace agreement. The examining judge issued a decision to the parties to the case in the form of an order to comply with the contents of the agreement in the peace deed and to pay court costs.

Ruling on Prayer That Is Not in Accordance With the Direction Of The Qibla: Case Study of Mosques in Sidamanik District Rizki Muhammad Haris
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

The main problem in this paper is the difference in the direction of the Qibla among society, especially in Indonesian society, triggered by the change in the direction of the Qibla in the Indonesian region, which initially faced west and then northwest. With the advancement of technology at that time This makes determining the direction of the Qibla easy, as facing the Qibla is a valid requirement for performing prayer; there is no difference of opinion among scholars on this matter. Imam Shafi'i is of the opinion that one must face the Qibla correctly. If one is wrong, one must repeat the prayer once and for all. Another opinion states that there is no need to repeat a prayer once it has already been performed, as long as it is not intentional and does not negate efforts to find the correct direction of the Qibla. This is the opinion of Imam Malik and Abu Hanifah. However, in this case, Imam Malik recommends repeating the prayer (with the wrong direction of the Qibla) at its proper time.

Hisab Method in Order to Resolve Differences in Arafah Fasting Between Indonesia With Saudi Arabia: A Study of Professor Syamsul Anwar's Thoughts Ahmad Yunan Siregar
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

According to Professor Syamsul Anwar, this rukyat method has various obstacles, including among the natural obstacles is the limited range of rukyat, especially at the beginning of the month, which is visible from the surface of the earth. Therefore, it will differ between countries that have seen it and areas that have not. In other words, rukyat is a universal tool but applies temporally and locally. Therefore, according to him, the method that can unify the beginning of the lunar month is the hisab method because this method is more accurate reliable for now. Which the problems in this research are: (1) how does Professor Syamsul Anwar view Rukyatul Hilal in relation to the beginning of the lunar month, (2) how does Professor Syamsul Anwar think about hisab and (3) what efforts can be made to unify religious moments such as Eid al-Fitr, Eid al-Adha including the differences in the implementation of the Arafah fast between Indonesia and Saudi Arabia. The results of the research show that the rukyat method according to Professor Syamsul Anwar causes many obstacles, because the range of rukyat is limited in its appearance on the surface of the earth, it is possible that the hilal is visible in Saudi Arabia, but not in Indonesia. The hilal may be visible in America but not in Saudi Arabia. Because of the differences in rukyat in various places, the beginning of the month also falls differently, this is different from hisab, because hisab does not experience obstacles with natural factors, because it calculates the actual movement of the moon, so the hisab method can determine the beginning of the month simultaneously throughout the world.

Response of Women Activists To the Implementation of the Mayor of Banda Aceh's Instructions NO. 2 of 2015 Manswab Mahsen Abdulrahman; Rafiqa Rafiqa
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Based on the theory of social construction, justice, Women in Development (WID) and Women and Development (WID). This paper tends to responses of women activists againts the mayor of Banda Aceh Instructions no 2 yers 2015. sources of data obtained through legal research are empirical. Through data analysis and discussion, research shows that (1) The results of responses of women activists in Banda Aceh contributed to broaden understanding of the gender perspective of Islamic sharia in Aceh is KKTGA organization, disagree with the imposition of hours of night work for women, because it obstructs women's profession, and the violence is not outside but at home. Aceh GeRAK organization disagrees with the reasons enough that rule does not need to be applied because of existing tradition. Different from the organization LKBHuWK even agrees with the premise of maintaining the dignity of women. According to KKTGA that Islamic syari'at is a gender perspective rather difficult to implement in Aceh for Acehnese understand the law only written in the Qanun. (2) This case, these three organizations to criticize the wisdom do not need to be restricted, the law sharply upwards and downwards blunt need evaluation, and must have their own consciousness. (3) Three of these organizations provide solutions including Islamic law should be firm, more attention to small communities and active in socializing any regulations made.

Implementation of Zakat in Chili Agriculture From The Perspective of Yusuf Al-Qardhawi: A Case Study Lima Puluh District, Batu Bara Regency Asroful Anwar
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This study examines the implementation of agricultural zakat on chili farming in Lubuk Cuik, Bulan-Bulan, and Titi Merah Villages, Batu Bara Regency, and analyzes its conformity with the zakat theory proposed by Yusuf Al-Qardhawi. The research employed a qualitative approach through field research and interviews with farmers, religious leaders, and community members. The findings reveal that community understanding of chili agricultural zakat remains diverse. Some respondents consider chili crops subject to agricultural zakat because they have economic value and generate income, while others argue that chili is not included among staple food commodities and therefore is not subject to agricultural zakat. The study found several practices consistent with Yusuf Al-Qardhawi’s opinion, particularly regarding the obligation to pay zakat on agricultural products with economic value and the deduction of production costs before calculating zakat. However, significant discrepancies were also identified. Most farmers do not consider the nisab requirement, apply a zakat rate of 2.5% instead of the prescribed 5% or 10%, and in some villages calculate zakat based on gross income rather than net income after deducting production costs. Furthermore, zakat distribution is generally conducted directly by farmers to needy individuals, while institutional zakat management remains limited due to insufficient public awareness and trust in formal zakat institutions. The study concludes that the implementation of chili agricultural zakat in the research area has not fully conformed to Yusuf Al-Qardhawi’s perspective, primarily due to limited public understanding of zakat regulations, nisab requirements, and calculation methods.

Abortion Reviewed From Islamic Law and Positive Law in Indonesia: Government Regulation No. 61 of 2014 about Reproductive Health Mulkan Nasution; Pagar Pagar; Ansari Yamamah
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

In mid-2014, the Indonesian government, through the Ministry of Health of the Republic of Indonesia, issued Government Regulation No. 61 of 2014 concerning Reproductive Health as a derivative regulation/mandate of Law No. 36 of 2009 concerning Health. This regulation contains nine articles governing abortion, which was previously a criminal offense regulated in the Criminal Code with a maximum penalty of fifteen years. In this regulation, the government provides exceptions for abortion based on two reasons: 1). Due to indications of medical emergency, and 2). Due to pregnancy resulting from rape, and can be performed if the gestational age is no more than forty days calculated from the first day of the last menstrual period. In Islamic law, abortion without old ageis a prohibited act. Scholars have agreed that abortion is prohibited if the fetus is one hundred and twenty days old and the soul has been breathed into it. This is based on a hadith narrated by Bukhari and Muslim which states that after the fertilization phase, mugah(120 days), an angel was sent to her and the soul was breathed into her. Regarding the permissibility of abortion before the gestational age of one hundred and twenty days, scholars have different opinions, Imam al-Ghazali and Imam al-Dusuqi prohibit abortion when the male sperm and the female ovum have mixed in the uterus, while Ibn 'Abidin permits abortion until the fetus is one hundred and twenty days old and the soul has been breathed into it. The middle opinion between the two groups is Ibn Rajab who permits abortion with a time limit of up to forty days of fetal age. This research is a descriptive normative juridical research with a comparative legal research approach that uses qualitative research methods. The tools and techniques for data collection are carried out by tracing laws and other legal sources from the legal system that are considered relevant to the main issue at hand

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Location Kota medan, Sumatera utara INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA