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INDONESIA
AT-TAFAHUM: Journal of Islamic Law
Published by Universitas Islam Negeri Sumatera Utara
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Core Subject : Humanities, Art,
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Articles 18 Documents
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Search results for , issue "Vol 2, No 1 (2018)" : 18 Documents clear
CORAK MAZHAB PADA FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA (Analisis Tentang Mudharabah, Musyarakah Dan Murabahah) Ahmad Qorib , Ardiansyah, Acme Admira Arafah,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Abstract

There are different types of mazhab adopted in the Fatwa of DSN-MUI related to musharaka, mudaraba and murabaha,. In the fatwa of the DSN-MUI on Musharaka, both in terms material content and applicative,  if examined substantially, it tends more to Hanafi’s madhhab. However, DSN-MUI fatwas about Mudharabah were different, the DSN-MUI fatwa is mostly to take and agreed on legal basis Syafii as its fatwa. While the DSN-MUI fatwa on Murabaha, the legal basis and the determination substance of the fatwa material, more relies on the same proportion as the four madhhab known so far.  Thus, in giving the DSN fatwa to be implemented in Indonesia, the Indonesian Council of Ulama’s had to refer to the various madhhab. Although there are several provisions that are adapted to the conditions of the times, still fatwas do not violate the general rules that have been submitted by the first madhhab.
METODE ISTINBATH HUKUM ZAKAT PROFESI PADA MAJELIS TARJIH MUHAMMADIYAH DAN IMPLIKASINYA TERHADAP PENERAPAN ZAKAT PROFESI DI UNIVERSITAS MUHAMMADIYAH SUMATERA UTARA M.Jamil. Mhd. Syahnan, Ali Baroroh
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Zakat profession is a problem that has not been discuss in the time of the Prophet Muhammad. However there is no argument in the verses of the Holy Quran and the Prophets Hadith explicitly explain the obligation and unobligation about the law of zakat profession. Causing the differences of opinion among Ulama about its legal status. Meanwhile in Indonesia, Islamic organizations have their respective legal provisions in establishing the law of zakat profession. In this state, Muhammadiyah through Muhammadiyah Tarjih Assembly has set the zakat profession, is a mandatory. This aim of this study is to know the law of zakat profession according to Majelis Tarjih Muhammadiyah and how the method used by Majelis Tarjih Muhammadiyah in establishing the law of zakat profession. And also the fatwa’s implications about application of zakat profession at the University of Muhammadiyah Sumatera Utara. The method that used by writer in this research is descriptive analytical. collecting data from the literature study and field research. This research tried to explains istinbath method of the law of zakat profession from Muhammadiyah organization through Muhammadiyah Tarjih Assembly and fatwa implication to the law of zakat profession applied at University of Muhammadiyah Sumatera Utara.
PENERAPAN QANUN ZAKAT NOMOR 10 TENTANG KEPATUHAN PEMBAYARAN ZAKAT PERDAGANGAN DI KALANGAN PEDAGANG KELONTONG DI KABUPATEN PIDIE JAYA Hafsah, Ansari Yamamah, Munawwar
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Abstract

Zakat on business is a type of zakat that is issued from the results of business effort carried out by a Muslim. Based on the Quranic and hadith arguments, the profits obtained by traders who have reached the nishab are obliged to be charged zakat. The purpose of this study is to see how the application of qanun number 10 concerning zakat which includes trade zakat. In this study encompasses issues related to the knowledge of traders on the zakat qanun, then the method of collecting and distributing zakat. Inhibiting and supporting factors both in terms of collecting zakat distribution and the Baitul Mal strategy so that the number 10 qanun can work well. The method used in this study is empirical legal methodology and qualitative analysis, the source of data in this study is divided into secondary data and primary data. Secondary data is used to see the concept of actual zakat trade then primary data is used for the purpose of seeing in terms of its application. From the results of research on the knowledge and understanding of traders about trade zakat, all respondents knew, but they did not issue their zakat to the Baitul Mal. The way zakat is collected is still very weak and slow and the distribution of zakat is in accordance with the collection, Baitul Mal continues to strive and preach so that the payer (muzakki) of zakat continues to increase only the trade zakat that no one pays to the Baitul Mal, the limitation of active Baitul Mal employees hampering the collection and distribution of zakat, but the Baitul Mal step to implement the implementation of qanun number 10 on zakat is still very weak and slow to socialize.
PENERAPAN KONSEP JERA HUKUMAN TA’ZIR DALAM PRESFEKTIF MAQASHID SYARIAH (Studi Kasus Penegakan Hukum Pada Masa Syeikh Abdul Wahab Rokan Di Babussalam) Asmuni, Mustafa Kamal Rokan, Khairunnisak
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Abstract

The growing phenomenon of lawlessness in society is one step ahead of the existence of the main source of Islamic law. Any violation of law that is not mentioned in the two main sources of law, the Mujtahids are required to explore new laws in order to realize the purpose of the Sharia. The determination is none other than the kind of tazir finger. The tazir punishment among the scholars has been a difference of opinion but the concept of tazir penalty set by Sheikh Abdul Wahar Rokan in Kampus Babussalam is considered capable marespon social problems that developed in the community when Sheikh Abdul Wahab memipin the village. The results show that the tazir penalty imposed by Sheikh Abdul Wahab Rokan in Kampung Babussalam is an attempt to prevent and educate the perpetrators of the finger and guide him into a better person and person who is aware of the law. This tazir punishment is based on several factors such as Sufism values/teachings of Tarikat Naqsyabandiyah which was taught by Sheikh Abdul Wahab Rokan, and Langkat society condition condition at that time. This tazir punishment can cause deterrent effect for the perpetrator of the finger and also can be enforced with full sense of justice and kemaslahatannya can be felt by all society of Babussalam. Mashlahah is part of the maqashid al-syariyah which aims to protect on five things: keeping the religion (hifzud-din), keeping the soul (hifzhun-nafs), maintaining offspring (hifzhun-nasl), keeping the mind (hifzhul-aql) and keep the property (hifzhul-mal). 
HAK PERLINDUNGAN SOSIAL BAGI LANJUT USIA DI KECAMATAN MEDAN AMPLAS MENURUT UU NO. 13 TAHUN 1998 DAN HUKUM ISLAM Pagar, Hafsah, Uswatun Hasanah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Abstract

The studies about “The Rights of Social Protection for Aged in Medan Amplas based on Law No. 13 of 1998 and Islamic Law”. The study will investigate of how is the implementation of the rights of social protection for aged in Medan Amplas based on Law No. 13 of 1998, how is the implementation of the rights of social protection for aged in Medan Amplas based on Islamic Law and what is the problem and solution in implementing the social protection for aged in Medan Amplas.The findings showed that the rights of social protection for aged in Medan Amplas did not fulfill properly. It was based on the information which had been got from the Social Services of Medan and also the observation and interview which had been done. They were the rights in getting ASLUT (The social assistance for Aged) and PKH (The Prospects of Family Program). Most of aged did not get those kinds of aid. Moreover, there were only 175 aged who got the ASLUT in Medan. The information had been found that the limitation of fund from the government caused the rights for most aged didn’t fulfill well. The case can be the good input for government to increase the fund for the aged to fulfill their rights of social protection.
PERAN BADAN PENASIHATAN PEMBINAAN DAN PELESTARIAN PERKAWINAN DALAM MENGANTISIPASI ANGKA PERCERAIAN (Studi Pada BP4 Kabupaten Labuhanbatu Raya) Pagar, Sudirman Suparmin, Ali Bata Ritonga
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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The big point of this research is how does the role of  advising council and preservation of marriage as the council of advising and preservation of marriage at regency of Labuhanbatu Raya contribute. The purpose of this research to analyze about the role of advising council and preservation of marriage as the council of advising and preservation of marriage at regency of Labuhanbatu Raya which did  provide the government.The result of this research (qualitative method) is to decide that program plan of BP4 on the affordable to oppress the enlarging of divorce rates at regency of Labuhanbatu Raya is programmed and rolled section law BP4 decision, and the formulation of BP4, based on Islamic law as the running all at Pancasila as the ideology based on socialization about honesty marriage, mawaddah, wa rahma and takwa. And the affordable of BP4 to oppress the divorce rates at regency of Labuhanbatu Raya is going spirit to do national movement, this program is running well as the founding honesty marriage for every months based on frame work and reformation agenda on social custom and affordable to create the highest communities’ moral, faithful, worship and honorable attitude. Meanwhile the obstruction factor divided to internal and external. And the support factor is the communities hope and support toward being on have honesty marriage.
TRADISI AKAD MANDONDON DI MASYARAKAT TAPANULI SELATAN DITINJAU DARI HUKUM ISLAM (STUDI KASUS DI KECAMATAN SIPIROK ) Nawir Yuslem, Hafsah, M. Kamil Srg
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Abstract

Tradition of Mandondon contract is a people’s habit in Sipirok sub-district, the south Tapanuli in getting loan (debit) by pawning their rice field to the capital owner, but it will be become as a guarantee and will be controlled by people receiving pawning, and they may cultivate to utilize it, then collects the result of the rice field during debit must be returned by mortgaging with the same amount, so that people who is pawning to be loss.The main problems in this research, (1) how are the essences and the implementation of Mandondon contract in Sipirok sub-district? (2) How are the reviews of Islamic law to tradition of Mandondon contract in Sipirok sub-district?. Then, the general goals achieved in this research are to know the essences and the implementation of Mandondon contract. The particular goals are to know how the reviews of Islamic law to tradition of Mandondon contract. This research is a field research using data analysis method, a qualitative method, using case approach. The data source of this research is people pawning their rice field, the person receiving the pawn, adat’s figure, and MUI chairman.The results of this research shows that practice agreement of Mandondon contract (pawn rice field) if it is seen in qualified term, it is already qualified, but has not fulfilled the principle because in the pawnshop is not yet clear the deadline for repayment of debt which must be done by the mortgage to the receiver of the pledge, then in the implementation that occurs in the Sipirok’s community are not perfect pawnshops or not according to Islamic sharia. In pawn practices, researcher finds that there are elements of usury and utilization of the mortgaged goods. 
PEMBAGIAN HARTA WARISAN PADA MASYARAKAT ETNIS JAWA KECAMATAN BILAH BARAT KABUPATEN LABUHAN BATU DALAM PERSPEKTIF HUKUM ISLAM Hafsah, Syauqon Hilali Nur Ritonga Ansari Yamamah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Abstract

The dividing of inheritance on javanese civil of sub-regency bilah barat the regency of labuhan batu on islamic law study that the dividing of inheritance is dividing inheritance based on system sagendhong sapikul and sighar semangka and divided the inheritance based five pillar of system,  those are; a) Angayani, b) Angomahi, c) Angayomi, d) Angayemi and e) Angamatjani. And the Islamic law see it that the dividing inheritance no fitting to Islam’s verse on Quran and hadis both based on mawaris study or faráidh study. It means the certain of dividing inheritance on Javanese ethnic of sub-regency Bilah Barat based on justice system, meanwhile on Quran shows the boy has gotten two more then woman’s right. And the effect approaches to three fights those are the murder, fomenter, and stamping on close.
KEDUDUKAN DAN PERAN PEREMPUAN SEBAGAI KEPALA KELUARGA MENURUT HUKUM ISLAM (Studi terhadap Kelompok Pemberdayaan Perempuan Kepala Keluarga-PEKKA di Kabupaten Asahan) Andri Nurwandi, Nawir Yuslem, Sukiati
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Abstract

Abstract: The role of women is increasingly widespread, one of them being the role of substitute as the backbone of the family or the head of the family. Some of the women who played this role received a negative response from the community because of taboo. This happens because the majority of people still understand that women can only play a role in domestic matters. Unlike in Asaha Regency there are groups of women as family heads (PEKKA). This role is in conflict with KHI and Law no. 1 year 74 states that "men as heads of families and women housewives" then from this paper the author tries to examine through the perspective of Islamic law in order to know the role of women as heads of families, the implementation of duties as female head of household and the success of women as family heads according to Islamic law perspective. This study is a field research (field research) conducted by a qualitative approach method. The nature of the research used in this thesis is descriptive analytic. The data source of this study consists of primary data and secondary data. Primary data was collected from research informants, by conducting interviews and observations, while secondary data is obtained through documentation studies. From the results of the study it can be concluded that the role of women as family heads in the Asahan PEKKA group is the main breadwinner to take decisions and policies for various reasons. As well as acting as a protector for the family and doing the work of the husband, helper, spouse.Keywords: Women, family heads, PEKKA, Asahan,
PENERAPAN KONSEP JERA HUKUMAN TA’ZIR DALAM PRESFEKTIF MAQASHID SYARIAH (Studi Kasus Penegakan Hukum Pada Masa Syeikh Abdul Wahab Rokan Di Babussalam) Khairunnisak, Asmuni, Mustafa Kamal Rokan
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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Abstract

Abstract: The growing phenomenon of lawlessness in society is one step ahead of the existence of the main source of Islamic law. Any violation of law that is not mentioned in the two main sources of law, the Mujtahids are required to explore new laws in order to realize the purpose of the Shari'a. The determination is none other than the kind of ta'zir finger. The ta'zir punishment among the scholars has been a difference of opinion but the concept of ta'zir penalty set by Sheikh Abdul Wahar Rokan in Kampus Babussalam is considered capable marespon social problems that developed in the community when Sheikh Abdul Wahab memipin the village. The results show that the ta'zir penalty imposed by Sheikh Abdul Wahab Rokan in Kampung Babussalam is an attempt to prevent and educate the perpetrators of the finger and guide him into a better person and person who is aware of the law. This ta'zir punishment is based on several factors such as Sufism values/teachings of Tarikat Naqsyabandiyah which was taught by Sheikh Abdul Wahab Rokan, and Langkat society condition condition at that time. This ta'zir punishment can cause deterrent effect for the perpetrator of the finger and also can be enforced with full sense of justice and kemaslahatannya can be felt by all society of Babussalam. Mashlahah is part of the maqashid al-syari'yah which aims to protect on five things: keeping the religion (hifzud-din), keeping the soul (hifzhun-nafs), maintaining offspring (hifzhun-nasl), keeping the mind (hifzhul-'aql) and keep the property (hifzhul-mal).

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