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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.

NAFKAH KELUARGA OLEH ISTRI IMPILKASINYA PADA MASYARAKAT TANJUNG BALAI KABUPATEN ASAHAN Faisar Ananda, Hafsah, Azuratunnasuha,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstraks : Livelihood is something given by someone to their wives, relatives and property to fulfill their basic needs. The basic needs are in the form of food, clothing and shelter. Family according to Islam is an institution built on the basis of faith in God. Family according to the modern West (feminist) is an institution built on the philosophy of materialism and individualism. The position of women in Islam is very noble, both as mothers, wives and children. Husbands and wives have the same rights and obligations as men in all areas of life. Islam when applied in the family, this institution can survive, the number of divorce is not much, the honor of women is maintained, and their comfort is protected both when it's easy and old. So that it can be concluded that the feminism movement is an awareness to change all forms of injustice, subordination, and marginalization of women, towards a society of harmony between men and women in the shade of the principles of justice and equality in the structure of the system and the structure of society , religious leaders state that it is obligatory to help their husbands in fulfilling family needs is the majority view of the community in Bagan Asahan Baru Village. The view of the first group mentioned, that their knowledge is obligatory to help with family needs if her husband is less able to meet family needs. Even though there were only a few of them, the financial results of an established husband but his wife continued to participate in earning a living for various reasons. The negative impact of career women is closely related to the issue of feminism that is developing in the West. The issue is one of the children born from the post modernime womb. Etymologically the word ‘feminiseme' comes from the Latin word, ‘femina' in English translated ‘femine' which means that it has women's qualities. The word gets the word 'ism', so it becomes an understanding, namely an understanding that carries gender issues related to the fate of women who have not received fair treatment in various sectors of life, both domestic, political, social, economic and educational sectors.

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.

Schools In the Fatwa of the National Sharia Council of the Indonesian Ulama Council (Analysis of Mudharabah, Musyarakah and Murabahah) Aicha Azdina Adly Fesya; Acme Admira Arafah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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 of material content and applicative, if observed substantially, it tends more towards Hanafi's madhhab. However, the DSN-MUI fatwas about Mudharabah were different, the DSN-MUI fatwa is mostly to be taken and agreed on a legal basis by Syafi'i 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 madzhab 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.

Tradition of the Mandondon Agreement In the South Tapanuli Community as Seen from the Face of Islamic Law M. Kamil Siregar
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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 become a guarantee and will be controlled by people receiving pawning, and they may cultivate to utilize it, then collects the results of the rice field during debit must be returned by mortgaging with the same amount, so that people who are pawning to be lost. The main problems in this research, (1) how are the essence 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 essence and the implementation of the Mandondon contract. The particular goal is to know how the review of Islamic law to tradition of Mandondon contract. This research is a field research using data analysis method, a qualitative method, using a 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 show 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 becausein thepawnshop is not yet clear the deadline for repayment of debt which must be done by the mortgage to the recipient of the pledge, then in the implementation that occurs in the Sipirok's community are not perfect pawnshops or not according to Islamic shari'a. In pawn practices, researchers find that there are elements of usury and utilization of the mortgaged goods.

The Istinbath Method of Professional Zakat Law at the Muhamadiyah Tarjih Council and Its Implications For the Implementation of Professional Zakat at the Muhammadiyah University Of North Sumatra Ali Baroroh Al-Muflih
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Zakat profession is a problem that has not been discussed in the time of the Prophet Muhammad. However there is no argument in the verses of the Holy Qur'an and the Prophet's 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 Majlis Tarjih Muhammadiyah and how the method used by Majlis 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 North Sumatra. The method used by the writer in this research is descriptive analytical. collecting data from the literature study. This research tried to explain the 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 North Sumatra.

IMPLEMENTASI FUNGSI MEDIASI DALAM PENYELESAIAN SENGKETA HARTA WARISAN DI PENGADILAN AGAMA KOTA MEDAN (Studi Terhadap Perma No. 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan) Pagar, Hafsah, Ahmad Muhajir Nasution,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstract The focus of this research is still the high number of inheritance disputes in the Medan city religious court, moreover coupled with the number of parties to the inheritance dispute not reached the peace path ordered by the panel of judges, so that the effectiveness and efficiency aspired by the supreme court regulation no. 1 of 2016 is less than optimal in the Medan city religious court. Of course this requires follow-up in solving these problems, so that later it is expected that a solution will be obtained to correct the problems mentioned above in order to achieve effectiveness and efficiency as mandated by the Supreme Court regulation no. 1 year 2016. In Article 21 of the Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in the Court, stated that: (1) the mediator determines the day and date of the mediation meeting, after receiving the appointment as mediator. (2) in the case of mediation carried out in a court building, the mediator on the basis of the power of a case examiner through the court clerk calls the parties with the help of a substitute bailiff to attend a mediation meeting. (3) the power referred to in paragraph (2) is for the sake of law without the need to make a power of attorney, so that without a separate instrument from the case check judge, the bailiff or substitute bailiff must carry out the order of the judge and non-judge mediator to call.

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.

The Role of Marriage Development and Preservation Advisory Agency In Anticipating Divorce Rate Abdul Hakim; Ali Bata Ritonga
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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 the regency of Labuhanbatu Raya contribute. The purpose of this research is 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 was provided by the government. socialization about honesty marriage, mawaddah, wa rahma and piety. And the affordability of BP4 to oppress the divorce rates at the regency of Labuhanbatu Raya is going spirit to do national movement, this program is running well as the founding honest marriage for every month 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 into internal and external. And the support factor is the communities hope and support toward being on having an honest marriage

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 : Program Pascasarjana UIN Sumatera Utara Medan

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 Qur'anic 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. Key word: Zakat, Zakat perdagangan.

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Location Kota medan, Sumatera utara INDONESIA

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA