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Analysis of Religious Court Judges' Decisions Class IA City Of Medan: Case Study Of Marriage Confirmation Case Reg Number: 51/Pdt.P/2015/PA Medan Indra Bachri
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This study starts from a decision of a judge of the Class IA Religious Court of Medan City who accepted and determined the application for Marriage Confirmation registered by Applicant I and Applicant II on behalf of Arifin bin Mhd Isya and Dahniar binti Burhanuddin who were married by the Judge Guardian on behalf of Anwar who in this case has the status of Assistant Marriage Registrar (P3N), then the decision issued by the judge of the Class IA Religious Court of Medan City on the application for Marriage Confirmation submitted by the applicant is legally flawed, because the judge did not take the PMA RI as a consideration, the judge only used the Circular Letter of the Supreme Court Number 3 of 2014 as a consideration where the Religious Court can validate the application for Marriage Confirmation submitted with the consideration of providing facilities to the applicant so that they can complete the population administration and civil registration which ultimately ignores the order of Law Number 1 of 1974 which mandates the Ministry of Religion to register marriages as well as to regulate marriage requirements where the position of the marriage guardian is a very urgent position in a marriage.

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.

Orphans As Mustahik Of Zakat in Sipirok District Tapanuli Regency South: A Study Of The Sociology Of Law Ilham Dani Siregar
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Zakat is an obligation for every Muslim who has a purpose and objective.to share with those who are less fortunate. From a social perspective, zakat is prescribed with the aim of eradicating poverty and destitution among Muslims, so that Allah SWT. makes rules and provisions in the distribution of zakat such as the time and amount of zakat that must be paid. Allah also determines the people who are entitled to receive zakat, so that the zakat is right on target and to avoid errors in its distribution as happened in Sipirok District, South Tapanuli Regency. Muzakki makes orphans as mustahik zakat and even prioritizes them over mustahik zakat mentioned in the Quran. How is the implementation and what are the factors causing the Muslim community in Sipirok District, South Tapanuli Regency to make orphans as mustahik zakat and even prioritizes them over other mustahik zakat.

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.

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.

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.

Sofyan Syafri Harahap's Thoughts on Sharia Accounting and Its Implementation Abdul Hakim; Ahmad Riyansyah
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This study examines Sofyan Syafri Harahap's thoughts on Sharia Accounting and its urgency in contemporary accounting practices. The study is based on the criticism of conventional accounting, which is considered unable to fully guarantee justice, transparency, accountability, and truthfulness in financial reporting. Conventional accounting is often viewed as being influenced by capitalist ideology, emphasizing profit maximization and material interests while neglecting ethical and spiritual dimensions. According to Sofyan Syafri Harahap, accounting should not merely function as a tool for decision-making but also as a means of accountability to stakeholders and ultimately to Allah SWT. The study reveals that the concept of Sharia Accounting is rooted in Islamic teachings, particularly in the principles of justice, honesty, transparency, and accountability as reflected in the Qur’an, especially Surah Al-Baqarah verse 282. Sharia Accounting seeks to ensure that financial information is free from fraud, manipulation, and injustice while promoting ethical economic activities. Sofyan Syafri Harahap argues that Islamic accounting existed conceptually long before the emergence of conventional accounting introduced by Luca Pacioli and that accounting practices should be aligned with Islamic values and objectives.

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.

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Kota medan,

Sumatera utara

INDONESIA

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Home Page

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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