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Giving Gifts To Employees: Review of Islamic Law and Law of the Republic of Indonesia Number 20 of 2001 Ilgafur Tanjung
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

As is common with gifts given to officials/employees, the giver's intention cannot be separated from one of two things, namely the gift giver aims to win the favor of the official/employee so that they get convenience and relief in all their affairs both at that time and in the future. The gift giver who does give it out of affection and does not expect any reward, either material or services. In this problem, the author emphasizes the perspective of Islamic law and Law No. 20 of 2001 concerning the law of gifts given to officials and the conditions that allow officials to receive gifts. The results of the research from this discussion are gifts given to officials/employees because of their work and position are forbidden for both the giver and the recipient as prohibited by Islam and the law. The basis for the prohibition and impermissibility of these gifts is the failure to realize equal rights between fellow human beings, both individual and social. As for gifts given to employees/officials not because of their work and position, then the law is permissible for both the giver and the recipient. Especially if the giver intends to strengthen ties of kinship and strengthen relationships between each other.

The Law of Obeying A Leader According to the Views of Abu Muhammad Al-Maqdisi Reviewed from Fiqh Siyasah Misdin Arifin HM; Dirja Hasugian
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

It has become an agreement among Sunni scholars that obeying the leader of the state is an obligation. The obligation to obey this applies to every Muslim leader whether he is cautious or not while not yet falling into real kufr. No one sneaks in this principle except the Khawarij and Mu'tazilah. But there is a figure named Abu Muhammad Al-Maqdisi who in principle has the same understanding as the Sunni scholars in the matter of the obligation to obey the leader even though they are acting arbitrarily against the people. The problem is that there is a statement from al-Maqdisi that shows the fall of the obligation to obey the leaders now, as if Muslim leaders have now apostatized from Islam so that they must not be obeyed or be loyal to them and are even obliged to fight. The formulation of the problem is: (1) how al-Maqdisi's views on obedience to the leader, (2) how the ulama's response to al-Maqdisi's views, (3) What is al-Maqdisi's view according to siyasah fiqh. This study aims to describe and describe the ai-Maqdisi thinking systematically. From this study it can be concluded that al-Maqdisi saw no adherence to the leaders of the Islamic world now because they had apostatized due to abandoning Islamic laws, therefore obliged to fight them according to their respective abilities. Many scholars opposed Al-Maqdisi's ideas but many supported them. However, if viewed from the perspective of the Siyasah fiqh, al-Maqdisi's thinking is incorrect, even very dangerous because it will cause a war between the government and the people so that the country will be chaotic.

Distribution of Inheritance in the Javanese Ethnic Community of Bilah Barat District Labuhan Batu Regency From the Perspective of Islamic Law Syauqon Hilali Nur Ritonga
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

The dividing of inheritance on Javanese civil of sub-regency Blade 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 on five pillars of system, those are; a) Angayani, b) Angomahi, c) Angayomi, d) Angayemi and e) Angamatjani. And the Islamic law sees it that the dividing inheritance no fitting to Islam's verse on the Koran and hadith both based on maharis 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 the Koran shows the boy has gotten two more then woman's right. And the effect approaches to three fights are the murder, fomenter, and stamping on close.

Transfer of Function of Wakaf Land According To Law No. 41 of 2004 (Case Study In Medan City) Muhammad Yunus
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This study examines the legal concept of waqf, the requirements and pillars of waqf, and the transfer of function of waqf land in Medan City from the perspective of Islamic law and Indonesian positive law, particularly Law Number 41 of 2004 concerning Waqf. Waqf is an Islamic legal institution aimed at maintaining the principal value of assets while utilizing their benefits for religious and public welfare purposes. Differences in scholarly opinions regarding waqf demonstrate the flexibility of interpretation concerning ownership, duration, and management of waqf assets. Indonesian regulations have provided legal certainty through Law No. 41 of 2004, Government Regulation No. 42 of 2006, and the Compilation of Islamic Law. This research applies an empirical juridical method through analysis of legislation, legal documents, and cases of waqf land conversion in Medan City, including Toyyibah Mosque, Raudhatul Islam Mosque, Al-Falah Mosque, and Amal Silaturrahim Mosque. The findings indicate that conversion of waqf land is legally permissible only for public interest purposes, provided it complies with spatial planning regulations, receives approval from the Minister of Religion and the Indonesian Waqf Board (BWI), and ensures replacement assets possess equal or greater value. The study also finds that not all conversions comply with applicable laws, as seen in the Toyyibah Mosque case, where conversion relied solely on a local religious decree without fulfilling statutory procedures. Therefore, strict supervision and compliance with legal mechanisms are essential to preserve the sanctity, continuity, and social function of waqf assets for public welfare and sustainable religious development.

Rewards For Deeds According to the Claims In East Aceh Regency Ibnu Mukti; Achyar Zaen
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This study aims to know the concept of reward practice to others according to mazahibul ar-ba'ah, the proposed reward deeds of deeds to others, the legal basis of reward practice according to scholars in the district of East Aceh. This study uses a qualitative method. The process of collecting data is done by field study. In analyzing the data the researcher uses qualitative analysis technique with the steps of data exposure, observation, interview, documentation, and conclusion. The results of the study found that: (1) The concept of rewarding the deeds to others according to the mazahib al ar-ba'ah that the Hanafi scholars that sending the reward of recitation of the Qur'an to the legal deceased is allowed. While Imam Malik asserted, that awarding the reward of charity to the legitimate law is prohibited and the reward is not up and does not benefit the dead. The famous opinion of Imam As-Shafi'i that he did not forbid grant recitation of the Qur'an to the dead and will arrive. While in the Bahali madhhab, there are two opinions. Some religious clerics allow and some forbid. (2) The proposition of reward of deeds to others is Surah al-Hashr verse 10. In the hadith narrated by Abu Hurairah (3) The opinion of ulama in the District of East Aceh against the reward of reward of practice to others that may and will be up to fahala to others, even in practice there are some practices that have been done by the people of East Aceh when there are people who died, including tahlil, read Al-Qur'an, alms, badal hajj, until there are most people who give kafarah and fidiyah well it is for prayer or for fasting that is not done and does not have time to diqadha while still alive. This is done by the people of East Aceh Regency, becoming a habit when there are people who die because they believe they will increase the reward to others with fatwas and explanations from the scholars in the local District.

Girls Children's Acquisition Rights in Division Inheritance According to Munawir Sjadzali (A Study of the Implementation of the Distribution of Inheritance in the Tradition of the Muslim Batak Tribe and the Minang Tribe in Sidikalang City) Muhammad Sanif
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This study describes the thoughts and arguments of Munawir Sjazali through the idea of reactivating Islamic law in inheritance law. Where girls get the same rights as boys equal 1: 1 which is associated with the implementation study of the distribution of inheritance in the traditions of the Muslim Batak tribe and the Minang tribe in the City of Sidikalang. The type of research in writing this thesis is empirical juridical research. With fields and library data collection techniques. The data collection tools are document studies, interviews and observations. Then the data is processed and analyzed descriptively. The results of the research obtained were: First, Munawir Sjadzali gave equal rights between male and female heirs 1: 1. Based on the arguments of the sociological-historical aspects of humanity, that is worldly benefit which will bring humanity to the benefit of ukhrawi. Second, in the tradition of the Muslim Batak tribe and the Minang tribe in the City of Sidikalang the system of inheritance distribution has shifted from customary law to a system of deliberation caused by factors: economic factors, educational factors, factors to maintain the integrity of kinship, factors maintaining the integrity of the fraternity. Third, the implementation or implementation of the distribution of inheritance equals 1: 1 in the tradition of the Muslim Batak tribe and the Minang tribe in Sidikalang city explicitly or markedly not initiated or influenced by Munawir Sjadzali's thoughts, but implicitly or implicitly has the same spirit values as Munawir's thinking Sjadzali.

Customs Of Wages in the Implementation of Marriages for the Community of Tanjungbalai City According to the Perspective of Islamic Law Khairunnisa Siregar; Khairul Fahmi Simangunsong
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

The purpose of this research is to know how wages are in marriage tradition on society of Tanjungbalai citizens, the value, and the answers of ulama on wage-upah tradition. This research uses the qualitative method. This research is in Tanjungbalai. The data collecting technique uses documentation, interviews and observation. Data analysis technique uses theme and formulate working hypothesis and analyze based on working hypothesis. Data source uses primary source and secondary source. The results of research show that the action of wages in marriage tradition on citizens of Tanjungbalai was carried out through several steps, they are; peace be upon on tahmid, tasykir and takhtim speech (first), peace be upon using shalawat on Muhammad SAW (second) the value in wage-upah is suggestion to couple marriage to keep strong unity in the family, keep namely of family beyond on the couple marriage, keep namely of neighbors, brothers and the group community around, wage-upah has closed of worship to the God (Allah SWT), and has normative values and local wisdom value. According to Ulama of Fikih about wage-upah has been divided into two ideas, according to Hanafi Fikih, many laws based on traditional culture, because many expressions common by al-Ma'ruf 'urfan ka al-Masyruth Syarthán, wa al-Tsabit bil 'urf ka al-Tsabit bi al-Nash (well done based on tradition similar to the value with conditions must be filled and well done on tradition with the value on nash. This is called by qawlun qodím.Besides of Hanafi fiqh, (Shafi'iyah, Hanbali and Maliki schools) all Ulama decided together that 'urf ṣaḥīḥ (in Qawlun Jadid) can be formed by hujjah along it's never be contradicted with syara' Ulama Malikiyah was familiar because of their statement that Ulama Madinah can be formed into Hujjah, and this is based on culture (norm tradition), as is culture done by citizen of Tanjungbalai in marriage using wages.

Social Protection Rights For The Elderly In Medan Amplas District According To Law No. 13 1998 And Islamic Law Uswatun Hasanah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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 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 were not fulfilled properly. It was based on the information which had been obtained from the Social Services of Medan and also the observations and interviews which had been carried out. They were the right to get ASLUT (The social assistance for Aged) and PKH (The Prospects of Family Program). Most of the elderly did not get those kinds of aid. Moreover, there were only 175 aged who got the ASLUT in Medan. The information has been found that the limitation of funds from the government caused the rights for most aged did not fulfill well. The case can be a good input for the government to increase the funds for the elderly to fulfill their rights of social protection

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Home Page

OAI Link

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Reviewer

Google Scholar

Contact Name -

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Location Kota medan, Sumatera utara INDONESIA

Abstract

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Contact Name
-

Contact Email
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Phone
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Journal Mail Official
-

Editorial Address
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Location
Kota medan,

Sumatera utara

INDONESIA