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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

EFEKTIVITAS SANKSI QANUN NOMOR 6 TAHUN 2014 TENTANG TINDAK PIDANA KHAMAR, MAISIR KHALLWAT, ZINA, DAN DAMPAKNYA TERHADAP PERILAKU MASYARAKAT KOTA SUBULUSSALAM Nawir Yuslem, Hafsah, Zakirun
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : UIN SU

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Abstract: This research aims to describe the discussion which is formulated in three questions, namely: 1. How is the implementation of Qanun sanctions against the acts of the Khamar, Maisir, Khalwat, and Adultery pidan? 2. How is the implementation of socialization and implementation of Qanun sanctions number 6 of 2014 in the City of Subulussalam? 3. What is the impact on the behavior of Subulussalam City community after the imposition of Qanun sanction number 6 of 2014? This type of research is included in a qualitative descriptive study using the Statute Approach (statutory approach). Data sources from this study were divided into two sources namely primary data sources obtained from interviews with several informants in the field. And Secondary data sources namely data sources obtained through literature study include books, archives, and regulations that are arranged systematically. In general, this study found that Qanun sanction number 6 of 2014 concerning the criminal acts of Khamar, Maisir, Seclusion, and Adultery was already good by regulation. Seen from the rules and sanctions that are complete, as well as the implementation. However, the implementation is still very lacking. This is evidenced by the large number of cases that are not handled. Likewise, the community's knowledge and awareness about qanun sanctions is also very weak, this is caused by the lack of socialization conducted by the Ulama Consultative Council (MPU), Islamic Sharia Service (DSI), SATPOL-PP and WH. As a result, the Jinayat Qanun sanction No. 6 of 2014 did not have an impact on the behavior of the people of Subulussalam City (ineffective).Keywords: Effectiveness, Qanun Sanction, Impact, Behavior.

IMPLEMENTASI PENGUATAN KEPUTUSAN MENTERI AGAMA NOMOR 447 TAHUN 2015 TENTANG LIMA NILAI BUDAYA KEMENTERIAN AGAMA DALAM MENGANTISIPASI PERNIKAHAN SIRI DI KANTOR KUA MEDAN BELAWAN Nispul Khoiri, Ramadhan Syahmedi Siregar, Ilham Maulana
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : UIN SU

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Abstrak: The purpose of this study was to determine the implementation of the strengthening of the decree of the Minister of Religion number 447 2015 about the five cultural values of the Ministry of Religion in anticipating a series of marriages at the Medan Belawan KUA office, how to implement the strengthening, inhibiting and supporting factors as well as evaluating and solving them. This study uses a qualitative method. This research is located in the center of Medan Belawan religious affairs office. Data collection techniques using documentation, interviews and observations. Data analysis techniques using data collection, data reduction, data presentation and conclusions. Research informants here are Medan Belawan KUA, Belawan Medan MUI, Religious Leaders and Medan Religious Affairs Ministry. The results showed that the implementation of the strengthening of the decree of the minister of religion number 447 2015 about the five cultural values of the ministry of religion in anticipating siri marriage at the Medan Belawan KUA office was in terms of its implementation using work culture, service culture and transformative culture. The supporting factor is because the facilities and infrastructure provided by the ministry of religion (in this case the Medan ministry of religion) are very supportive especially for those who use online-based marriage registration. Material understanding about the importance of sakinah families that have been recorded through BP4 Ministry of Religion of North Sumatra Province. While from the obstacle aspect due to the lack of awareness of some people the community will join the Sakinah family program. Evaluation and solution by conducting counseling-registration of marriages and happy families, sakinah families, independent families, family planning, harmonious families conducted by the advisory body, marriage guidance and preservation (BP4) in the Office of religious affairs to prospective brides and guardians. Meanwhile, in terms of evaluation, Medan Belawan KUA conducts evaluation based on Sumative evaluation, Formative evaluation and diagnostic evaluation.Keywords: Implementation, Regulation of the Minister of Religion, FiveCultural Values, Ministry of Religion

PEMBERDAYAAN WAKAF MENURUT QANUN NO . 10 TAHUN 2007 (ANALISIS PERAN BAITUL MAL KABUPATEN ACEH TENGAH) Ansari Yamamah, Hafsah, Arsyadi Ulya
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : UIN SU

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Abstrak: This thesis aims to find out the extent of Qanun No. 10 of 2007 regulates the management of waqf, And in its application carried out by Baitul Mal Central Aceh district and see the extent of the role of waqf in improving the welfare of the Ummah in Central Aceh district. The research method used in this study is the empirical research method or known as non-doctrinal research, namely research that uses case studies. The research referred to here is research that combines primary materials in the form of direct information from Baitul Mal, Central Aceh District, while the primary sources in this study are sourced from documentation, reports, reports and books relating to the research subject including: Jurisprudence, , Researchers used Law No. 41 of 2004 concerning waqf, compilation of Islamic Law, concerning the Baitul Mal secretariat in Central Aceh district. Qanun No. 10 of 2007 concerning Baitul Mal. From the results of research conducted by researchers, it can be concluded that the empowerment of waqf based on Qanun No. 10 of 2007 (Analysis of the role of Baitul Mal Regency of Central Aceh) still less than the maximum Baitul Mal carry out the mandate to make more productive representation, while the role of waqf in advancing welfare seems to be still at the level of spiritual well-being, and have not been able to answer welfare in the social economy.Keywords : wakaf, pemberdayaan, Qanun, Baitul Mal, Aceh Tengah

PENANGANAN PERCERAIAN AKIBAT KEKERASAN DALAM RUMAH TANGGA (KDRT) MELALUI PENERAPAN UU NO. 23 TAHUN 2004 DI KABUPATEN ROKAN HILIR Hafsah, Ramadhan Syahmedi, Juhari Muslim
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : UIN SU

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Abstract: The reseach results obtained are the causes of divorce in Rokan Hilir distric increased due to the occurrence of relationships, as the theory used is the lack of attention to the spouse, differences in education knowledge, and lack of mutual, know the husband and wife both financial and their respective strengths, so they always demand and lackself-evalution of each other. Domestic violence in Rokan Hilir regency is physical, physical, sexual and economic violence. Like the case that was scrutinized in the abused and beaten as for the other cases in spit on the husband because they have the same hard nature and the absence of succumbing to each other. Physical and emotionalviolence among them is the traumatic experienced by victims due to other acts of violence. Violence in Rokan Hilir is the main cause of divorce in Rokan Hilir. Handling of divorce on the grounds of domestic violence uses UU No. 23 0f 2004 in both the religius courts and both criminal and procedural law. The implementation of the handling of divorce in the downstream Rocan district community teaches the community that that the nature of marriage is the opposite of the purpose of perfectingpart of religion in the way of Allah and seeking its blessing, as well as learning the procedures in the religious court.Kata Kunci: Penanganan, Cerai Gugat, Masyarakat Muslim, UU NO 23 Tahun 2004

STRATEGI BAITU AL-MÁL DALAM PENGELOLAAN ZAKAT MÁL UNTUK PEMBERDAYAAN MASYARAKAT MUSLIM DI KECAMATAN SEI BAMBAN Nawir Yuslem, Ramadhan Syahmedi Siregar, Sarwedi Gultom
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : UIN SU

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Abstact: The purpose of this research is to find out how are thestrategy of Baitū al-māl the sub-regency Sei Bamban inmanaging zakat, infaq, and shadaqah to collect and distributezakat fund, infaq, and shadaqah from muzakki for the moslemcivil by Islam law perspective. This research used thequalitative method. This research was placed at the subregencyof Sei bamban. The technique for the data collectingused the documentation, interview and observation. Thetechnique for data collecting used data reduction, dataavailable and conclusion. The source data used for usingprimary source and secondary source. The research showedthe strategy are; a) the collecting and distribution of zakat,infaq, and shadaqah from muzakki by baitu al-mál of the subregencySei Bamban in their case such as delivering brochureand magazine about zakat is quite important, b) the collectingand distribution of zakat, infaq, and shadaqah from muzakkiby baitu al-mál of sub-regency Sei Bamban did in the next upby fulfilling eight asnáf in distribution of zakat. The Islamic lawnoticed based on the zakat law number 23 year 2011, thezakat was collected at the sub-regency Sei Bambang was thezakat collected and distributed based on the balance principle,peace and territorial as the Oelama’s view was obligated asfardhu ‘ain because the collecting and the distribution of zakatmál at baitu al-mál was done with providing the budgeting (thewisdom loan). The system of loan at donation zakat formustahiq via skim with the method of donation was collectedfrom muzakki that was unitied and delivering for mustahiq inentrepreneur financial loan. And the model of zakatmanagement via instrument mudhrabah was the system ofinvestment Islam syariah and distribution for productive. Skimmudharabah the system shahibul mál providing 100 % and formudharib based the expert because the fund of zakat, infaqand shadaqah were developed and quite important becauseseen by Oelama as the sharp of qath’I ‘ainKata Kunci; Strategi Baitu al-Mal, Zakat Mal, Pemberdayaan

IMPLEMENTASI NAZHIR DAN AKTA WAKAF PADA KECAMATAN HUTA BARGOT KABUPATEN MANDAILING NATAL DITINJAU DARI KOMPILASI HUKUM ISLAM DAN UU NO 41 TAHUN 2004 Nawir Yuslem, Ramadhan Sahmedi Siregar, Ahmad Rosidi
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : UIN SU

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Abstract: Nadzir in compilation of Islamic Law and Law Number 41/2004 are very important, because, nadzir is the one who has the right to receive waqf when it is submitted and in the name of nadzir, waqf is registered. Third, Nadzir has function to administer, manage, develop, control, protect the properties of waqf, and to report the implementation of duties to BWI. The endowment deed evidence of an asset is endowment. Because of the Huta Bargot community did not know the provisions of nadzir and the endowment deed itself so that it formed into a habit. It categorized as urf sahih (habits that do not violate syari’ah).Keywords: waqf, nadzir, endowment deed, Huta Bargor sub districtPendahuluan

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Sumatera utara

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