Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial diterbitkan oleh Fakultas Syariah dan Ilmu Hukum, Institut Agama Islam Negeri Padangsidimpuan. Jurnal el-Qanuniy pertama kali diterbitkan pada tahun 2005 berdasarkan SK No. 0005.079/JI.3.2/SK.ISSN/2015.03 tanggal 27 Maret 2015 dan ISSN: 2442-6652. Jurnal el-Qanuniy juga memiliki ISSN elektronik: 2580-7307 berdasarkan SK No. 0005.25807307/JI.3.1/SK.ISSN/2017.07 tanggal 8 Juli 2017 yang mulai digunakan pada Volume 3 Nomor 1 Edisi Januari-Juni 2017.
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<![CDATA[PELAKSANAAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012 MENGENAI PENYELESAIAN SENGKETA PERBANKAN SYARIAH SESUAI ISI AKAD DI DALAM UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH ]]>
<![CDATA[Harahap, Purnama Hidayah]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1843
<![CDATA[The research showed that the sharia banking still used the Law by District Court as an alternative of the settlement for the Sharia banking disputes because the legal counseling about the forum of settlement for the sharia banking disputes was not effective yet as stipulated in Article 55 Paragraph (1) of the Law No. 21/ 2008 regarding Sharia Banking in conjunction to Article 49 of the Law No. 3/ 2006 regarding the Religious Jurisdiction which states that it assertively gives the absolute authority to the Religious Jurisdiction to receive and settle the sharia economic disputes including the sharia banking disputes; there is a factor of the readiness ofthe Religious Jurisdiction to settle the sharia banking disputes;the next factor was that the judge of the District Court did not refuse the lawsuit addressed to him even though it was obvious that the absolute authority is possessed by the Religious Jurisdiction; another factor was that there was lack of trust from the customers of sharia banks to the Religious Jurisdiction; because the Religious Jurisdiction was so far considered to only settle the divorce cases. Furthermore, the results also showed that the judge viewed that these provisions are contrary to Article 28D Paragraph (1) of the 1945 Constitution explaining that every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. The settlement for the sharia banking disputes in accordance with the contract contents after the Constitutional Court Verdict No. 93/PUU-X/2012 tend to have changed the clausal forum for the dispute settlement, which previously referred to the District Court, now it refers to the Religious Jurisdiction and Basyarnas (National Sharia Arbitration Agency). It can be seen in the contracts made at some Sharia Banks in Indonesia, such as Bank Syariah Mandiri, Bank BRI Syariah, Bank Muamalat Syariah, Bank Sumut Syariah, and Bank BTN Syariah.]]>
<![CDATA[ANALISIS KONTRAK IJARAH ]]>
<![CDATA[Kurniawan, Puji]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1838
<![CDATA[Humans are social creatures who need each other to socialize or to fulfill their needs, such as primary, secondary and tertiary needs. In this life there are 2 (two) groups of people, namely groups of people who are overfunded and those who are underfunded. Therefore, banks and non-bank financial institutions have emerged as intermediaries between the 2 (two) groups of the people so that the balance can occur in meeting the needs of each life. In Indonesia, there are many conventional and sharia bank and non-bank financial institutions that provide financing services to meet human needs. The fundamental difference between conventional and Islamic financial institutions is the use of the interest system which is usury in conventional financial institutions and the use of profit sharing systems in Islamic financial institutions.]]>
<![CDATA[TELAAH TERHADAP PRO DAN KONTRA HUKUMAN MATI DI INDONESIA DALAM PERSPEKTIF PIDANA ISLAM ]]>
<![CDATA[Harahap, Risalan Basri]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1839
<![CDATA[Capital punishment is still carried out in many countries, including Indonesia. Considering that the death penalty involves human life, there are many pros and cons in the community. Each opinion group has put forward its statement according to the perspective they propose so that it becomes a prolonged legal polemic. however, the Indonesian government together with a number of elements of society that support the death penalty remain at the establishment, that capital punishment must still be carried out to protect life. This paper attempts to inform some of the death sentences that have been carried out for various specific crimes. This paper attempts to analyze how far the cases of execution can be justified according to Islamic criminal law. The results of this paper indicate that some of these crimes can indeed be subject to capital punishment, some still contain controversy, but some are actually released from the death penalty because the victim's family in the murder case has forgiven.]]>
<![CDATA[FORMULASI HUKUM ISLAM; SUATU KAJIAN IMPLIKASI LAFAZ WADIH DAN MUBHAM ]]>
<![CDATA[Siregar, Fatahuddin Aziz]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1834
<![CDATA[Strengthening the understanding of the verses of the Qur'anic verses and the Sunnah feels so important that the legal products produced reflect the true will of the Shari'a, not based on the power of logic alone. There is Lafaz wadih, namely lafaz which is presented in a clear form consisting of various levels, namely zahir, nas, mufassar, and muhkam. Lafaz Zahir and Nas are lafaz that are bright enough but contain several possible meanings, so it needs to be understood by looking at other factors. While mufassar and muhkam do not need factors outside the text to be accurately understood. there is a vague lafaz (mubham), so to just understand it requires a factor outside it. For categories that are fairly clear this does not need to be explored further, it is enough to do it based on the clarity of its meaning. As for what is vaguely presented, an in-depth study is needed to arrive at the right understanding. However, if it is too vague, a mujtahid does not need to force himself to look for food and condemn the law of the lafaz. And indeed there is no need to gain understanding from this type of text, because in general it is not part of the practical life of the law.]]>
<![CDATA[IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI TERHADAP PEMBUBARAN PARTAI POLITIK DI INDONESIA ]]>
<![CDATA[Ritonga, Hasir Budiman]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1840
<![CDATA[Judicial power in Indonesia under the 1945 Constitution of the Republic of Indonesia shall be exercised by the Supreme Court and the Constitutional Court. One of the authority of the Constitutional Court according to the 1945 Constitution of the Republic of Indonesia is to decide the dissolution of political parties. The facts in the current Indonesian system of ketatanegaran no cases of political parties that were dissolved through the decision of the Constitutional Court, it's just that the problem is when the Constitutional Court uses its authority to break the dissolution of political parties there are things that are formal juridically there is no clear rules, such as the legal status of party members who are not directly involved in the violation committed by the party and the status of party members who hold the position of members of the legislature both at the center and in the regions. So for that must be resolved by emphasizing the certainty, justice and benefit in the decision of the constitutional court]]>
<![CDATA[PERCERAIAN MENURUT KOMPILASI HUKUM ISLAM (KHI) DAN FIQH ]]>
<![CDATA[Nasution, Muhammad Arsad]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1835
<![CDATA[This paper tells about divorce, even though it is permissible in Islamic law but it is an act that is hated by Allah Almighty. This solution is given if there is no way out anymore to solve the problems that occur between husband and wife in their household. In the process of implementation there is a dualism of understanding in society. One side of divorce or thalak is the husband's right so he can freely drop it whenever and wherever he wants. This is done, of course, after careful deliberation and peaceful efforts by both husband and wife families. Such provisions are found in the fiqh of fiqh of the Imam of the sect one of which is the fiqh of the Imam Shafi'i sect. Fall of thalak like this is considered legitimate by people who have long held the understanding of the Imam of his school.]]>
<![CDATA[MUNÂSABÂT AL-QUR’AN MENURUT AL-BIQÂ’I ]]>
<![CDATA[Simanjuntak, Dahliati]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1841
<![CDATA[This article reviews about the al-Qur'anic munasabat according to al-Biqa'i in his interpretation. Considering that there are a lot of good looking sequences and structures related to verses and letters in the Qur'an as if there is no agreement with the verse or the letter before or after it. Al-Biqa 'I reviewed many of the al-Qur'anic munasabat in his book Nazhm al-Durar fî Tanasub al-Âyât wa al-Suwar at length..]]>
<![CDATA[PROBLEMATIKA NAFKAH MANTAN ISTERI PASCA PERCERAIAN ]]>
<![CDATA[Aripin, Musa]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1836
<![CDATA[Marriage is a sacred thing, that is not just getting legal status, but also various consequences as a result of the engagement ('aqad) to be woven. In a legal marriage, it is mandatory for the husband to provide a living for his wife and submit accordingly. But the reality that occurs in the community, not infrequently husband and wife relations lead to divorce, which then raises new problems, namely the granting of rights in the form of livelihood. The provision of this income is related to the time limit for living, the deadline is the difference between Asghar Ali Engineer and the opinion of the majority of scholars.]]>
<![CDATA[POLA PEMAHAMAN KEAGAMAAN MASYARAKAT SIMPANG EMPATPASAMAN BARAT : STUDI TERHADAP ALIRAN HAQQUL YAQIN TAREKAT NAQSABANDIYAH ]]>
<![CDATA[Siregar, Sawaluddin]]>
<![CDATA[ Jurnal el-Qonuniy: Jurnal Ilmu-ilmu Kesyari'ahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1842
<![CDATA[HaqqulYaqin The Naqsabandiyah Order is one of the tarekat that developed in SimpangEmpatPasaman Barat, in spreading Sufistic teachings by using the method of remembrance as a form of ritual and its teachings. The purpose of the ritual activities carried out is to get mercy, pleasure, pleasure, get help in the world and the hereafter, get the advantages (supernatural powers and treatment) as well as the hope of efforts to achieve closeness with Allah as the ultimate goal.When considered HaqqulYaqin the Naqsabandiyah Congregation appears to have similarities with the muktabarahtarekat regarding basic teachings and practices and runs the Shari'a based on the Qur'an and Sunnah as well as the qaul ulama. But in some ways HaqqulYaqin the Naqsabandiyah Order is different from the muktabarahtarekat, for example the acceptance of new followers, wirid, training, tawajjuh, and tends to spiritual welfare or individual supernatural powers]]>
<![CDATA[MENGINTIP PRILAKU SOMBONG DALAM AL-QUR’AN ]]>
<![CDATA[Hasiah, Hasiah]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i2.1837
<![CDATA[Arrogant and takabbur is behavior of rejecting the truth and belitting others with the greatest expression and the highest degree or rank of others. Arragant can be classified into three types, namely arrogant to Allah SWT. Arrogant to Apostle and Arrogant to fellow humans. There are several factors that can lead to arrogant attitudes, inducling know ledge, charity, worship, ancestry, beaty, good looks, power and strength and family. Arragont can result in punisment from Allah SWT.]]>
