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HUKUM MENAATI PEMIMPIN MENURUT PANDANGAN ABU MUHAMMAD AL-MAQDISI DITINJAU DARI FIQH SIYASAH Dirja Hasugian, Ansari Yamamah, Syafruddin Syam
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : UIN SU

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Abstract : 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 leader now, as if Muslim leaders have now apostatized from Islam so that they must not be obeyed or be loyal to them and 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.Key word: obeying the leader, Muhammad Al-Maqdisi, siyasah fiqh

PEMBAGIAN HARTA WARISAN PADA MASYARAKAT ETNIS JAWA KECAMATAN BILAH BARAT KABUPATEN LABUHAN BATU DALAM PERSPEKTIF HUKUM ISLAM Syauqon Hilali Nur Ritonga
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : UIN SU

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Abstraks; 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.Keyword ; Pembagian Harta Warisan, Etnis Jawa, Hukum Islam

ALIH FUNGSI TANAH WAKAF MENURUT UNDANG-UNDANG NO. 41 TAHUN 2004 (Studi Kasus Di Kota Medan) Muhammad Yunus, Pagar, Syafrudin Syam
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : UIN SU

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Abstrak: Endowments in Indonesia have existed since Islam came. Waqf is utilized for the public interest, the waqf must also be registered with PPAIW so that waqf cannot be challenged. When the law No. 41 of 2004 concerning waqf was stated, the property that had been represented was prohibited: it was used as collateral, confiscated, donated, sold, inherited, exchanged, or transferred in the form of other rights transfer. However, it is exempt from the public interest in accordance with the spatial plan (RUTR) after obtaining permission from the Minister of Religion through the recommendation of the Indonesian waqf body. Instead, the waqf function must be better or equal to the original one based on NJOP.

HADIAH PAHALA AMALAN MENURUT ULAMA-ULAMA DI KABUPATEN ACEH TIMUR Ibnu Mukti, Ahmad Qorib, Achyar Zaen
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : UIN SU

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ABSRACT :This study aims to know to know the concept of reward amalan to others according to mazahibul ar-ba'ah, the proposed reward deeds of deeds to others, the legal basis prize 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 mayit 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 madhhab bahali, 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 not have time to diqadha while still alive. This is done by the people of East Aceh Regency became a habit when there are people who died because they believe will up the reward to others with fatwas and explanations of the scholars in the local District.Keyword: reward amalan, The opinion of ulama, East Aceh,

HAK PEROLEHAN ANAK PEREMPUAN DALAM PEMBAHAGIAN WARISAN MENURUT MUNAWIR SJADZALI (Studi Implementasi Pembagian Harta Warisan Dalam Tradisi Suku Batak Muslim dan Suku Minang di Kota Sidikalang) Muhammad Sanif Sukiati Pagar
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : UIN SU

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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 field 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. Secondly, 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.

ADAT UPAH-UPAH DALAM PELAKSANAAN PERKAWINAN BAGI MASYARAKAT KOTA TANJUNGBALAI MENURUT PERSPEKTIF HUKUM ISLAM Khairul Fahmi S Ramadhan Syahmedi Siregar Ansari Yamamah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : UIN SU

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The purpose goal of this research is to know how is upah-upah in marriage traditional on society of Tanjungbalai citizen, the value, and the answers of ulama on upah-upah tradition. This research uses the qualitative method. This research is in Tanjungbalai. The data collecting technique uses documentation, interview and observation. Data analysis technique uses theme and formulate working hypothesis and analyze based on working hypothesis. Data source uses primer source and second source. The result of research shows that the action of upah-upah in marriage tradition on citizen of Tanjungbalai did through of 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 upah-upah are suggestion to couple marriage to keep strong unity in family, keep namely of family beyond on the couple marriage, keep namely of neighbor, brothers and the group community around, upah-upah has closing of worship to the God (Allah SWT), and has normative values and local wisdom value. According to Ulama of Fikih about upah-upah has devided into two ideas, according to Fikih Hanafi, 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 condition must be filled and well done on tradition with the value on nash. This is called by qawlun qodím.Besides of fikih Hanafi, (mazhab Syafi’iyah, Hanbali and Maliki) 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 (norma tradition), as is culture done by citizen of Tanjungbalai in marriage using upah-upah.

HAK PERLINDUNGAN SOSIAL BAGI LANJUT USIA DI KECAMATAN MEDAN AMPLAS MENURUT UU NO. 13 TAHUN 1998 DAN HUKUM ISLAM Uswatun Hasanah, Pagar, Hafsah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : UIN SU

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ABSTRACT: The studies about “The Rights of Social Protection for Aged inMedan Amplas based on Law No. 13 of 1998 and Islamic Law”. The study willinvestigate of how is the implementation of the rights of social protection for agedin Medan Amplas based on Law No. 13 of 1998, how is the implementation of therights of social protection for aged in Medan Amplas based on Islamic Law andwhat is the problem and solution in implementing the social protection for aged inMedan Amplas.The findings showed that the rights of social protection for aged inMedan Amplas did not fulfill properly. It was based on the information which hadbeen got from the Social Services of Medan and also the observation andinterview which had been done. They were the rights in getting ASLUT (Thesocial assistance for Aged) and PKH (The Prospects of Family Program). Most ofaged did not get those kinds of aid. Moreover, there were only 175 aged who gotthe ASLUT in Medan. The information had been found that the limitation of fundfrom the government caused the rights for most aged didn‟t fulfill well. The casecan be the good input for government to increase the fund for the aged to fulfilltheir rights of social protection.Kata Kunci: Lanjut usia, hak perlindungan sosial, undang-undang, hukum islam

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Contact Name
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA