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Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial

elqanuniy
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Published by Institut Agama Islam Negeri Padangsidimpuan

ISSN : 24426652 EISSN : 25807307 DOI : https://doi.org/10.24952/el-qonuniy.v5i1

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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.

Arjuna Subject : Umum - Umum

Articles 10 Documents

Search results for , issue "Vol 5, No 2 (2019)" : 10 Documents clear

Analisis Hadis-Hadis Tentang Shalat Jenazah Siregar, Dame
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

Mourners came ready to send janazah. Janazah was immediately washed, then placed at home in the position of respect. Excavation of the grave as soon as possible, so as not to be blocked as soon as possible. Janazah prayer can be carried out either at home or at the mosque. Thus eating in janazah will be avoided, unless you are far away from the place. The number of people who were supposed to send him 100 people was later buried. Imam Solat Janazah is the best reading is not a child or close close that is not good reading. The ghoib prayer may be for those who do not have time to go to the janazah place, or have been buried near the janazah tomb. The position of the priest for the male janazah is about the shoulder, the woman is at the center, and the position of the janazah is on the right side of the male or female. All mourners should practice janazah prayer, not dating only to recite Yasin, takhtiman tahlilan and prayer. After the janazah was escorted to the mosque, there was a habit of a part of the community of the women eating together provided by Family Janazah. Then it would be nice to pray for the janazah at home, it is very possible to reach 100 people quickly, rather than at the mosque. The implementation was at 06.30 school children, then teenagers, mothers and fathers and delivered them to the funeral. So the positive is that children and teenagers are able to pray janazah. Because the community has many activities that need to be completed such as the teacher to teach and other activities

Syukur dalam Perspektif al-Qurâ€™an Enghariano, Desri Ari
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

Gratefulness is one of commendable qualities. In the al-Qurâ€™an uslub, this word of gratitude is expressed in term of gratitude. Islamic theaching consider this issue of gratitude important, so that in many verses of the holy Qurâ€™an it can be found that the word gratitude is often couple with the word remembrance. Other terms that have some common meaning with it are al-hamdu and al-tsanaâ€™. The urgency of gratitude for a muslim is as a form of positive sel-actualization so that it can be a servant who is always obedient and grateful. Gratitude is very many benefits if done according to God instructions. Gratitude can be done by heart, verbally, and deeds. If a servant is grateful for the favor God has given him. But if a servant disobeys and does not thank God fro the grace he has enjoyed, then Allah will bring punishment upon him.Â

Asas Persetujuan Dalam Perkawinan Menurut Hukum Islam: Menelaah Penyebab Terjadinya Kawin Paksa Hasibuan, Zulfan Ependi
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

A perfect marriage is a marriage that meets the terms and conditions, and upholds the principles of marriage. A perfect marriage will be realized in a sakinah, mawaddah and rahmah family. However, the phenomenon of forced marriages is considered to be able to reduce the harmony in marriage and even destroy the values of the principle of marriage, especially the principle of agreement from both parties to be married. Forced marriages occur because one party or both parties who are about to get married do not approve of the marriage being held. Then it is necessary to study specifically about the factors of forced marriages

Keringanan Dalam Hukum Islam Siregar, Syapar Alim
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

Do Muslims have relief in implementing Islamic law? answer, he, that is rukhshah. Rukhsah is the religiousness given by the Shari'a to a Muslim who fulfills his terms and conditions. For example, when a person on a trip he is entitled to the reliefs that have been given by Shara ', including praying or calling' prayers, breaking the fast during the day of Ramadan, sweeping khuf for three days, performing sunnah prayers on a vehicle, leaving Friday prayers 'at, eat the carcass when it is in dharurat.Â

Sisi Lain dari Putusan Mahkamah Agung RI Nomor 16/K/Ag/2010 Tentang Implementasi Wasiat Wajibah Terhadap Kewarisan Beda Agama; Kajian Dari Aspek Status Perkawinan Dan Wasiat Wajibah Ahmatnijar, Ahmatnijar
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

The judiciary is the most important element in human life because it is a place that demands those who lose their rights and can neutralize conflicting interests. The Religious Courts (PA) are part of this institution. The absolute competence of PA institutions includes handling inheritance matters. In Indonesia, there was an option for those who were Muslims to seek justice in the settlement of inheritance between the PA and the District Court (PN). The issuance of Marriage Law (UUP) number 1 of 1974 with the principle of Islamic personality is the answer to this option. However, the settlement of the case of inheritance of different religions has not been explicitly regulated in this regulation, so it still leaves new issues such as the case of the inheritance of the late Muhammad Armaya bin Renreng alias Armaya Renreng, Islam, with his wife Evie Lany Mosinta, Christian.

Kesadaran Hukum Dalam Menafkahi Anak Pasca Putusan Pengadilan Pahutar, Agus Anwar
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

This paper talks about how the legal awareness of parents (fathers) in providing children after the divorce between Father and Mother in the Religious Court until the child is an adult. From the results of the study found facts in the field that the income or expenditure of children after the divorce between Father and Mother is not carried out effectively and continuously. There are several reasons that arise from my father so that he does not fulfill his obligations in accordance with the order of the decision and the applicable law. Therefore if viewed from the indicator of legal awareness, namely the perspective of the pattern of legal behavior of the husband (father), that the father has not had sufficient legal awareness or legal obedience and is still low, even though they know that giving a child to adulthood or age 21 years is mandatory.Â

Cadar dan Aturan Berpakaian Dalam Perspektif Syariat Islam ., Hasiah
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

The purpose of this study are: 1) Knowing the nature of the veil, 2) Knowing the history of the emergence of veils in the culture of Islamic society, 3) Knowing the perspective of Islamic law on the use of veils. This type of research is a literature study (Library Research), the object in this study is the concept of veil in the perspective of sharia based on the Qur'an and hadith, the veil controversy in the culture of society. Data is collected by quoting, analyzing using the legal and historical approach methods that occur regarding the use of veils in people's lives.So the veil is a part of sharia after Islam came which was brought by the Prophet Muhammad. And it is also a culture that has occurred for generations before the existence of Islam (jahiliyah period).

Kedudukan dan Efektivitas Justice Collaborator di dalam Hukum Acara Pidana Sirait, Adi Syahputra
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

This article aims to analyze and explain the position of justice collaborator in criminal procedural law and the effectiveness of justice collaborator in proof, as an analysis instrument this research uses a case study of a narcotics-specific criminal decision in the Supreme Court where narcotics is an extraordinary crime committed in an organized manner by a drug syndicate narcotics, this research uses a social legal research approach using juridical type, the research data is obtained from an analysis of the decision of the Supreme Court of the Republic of Indonesia Number: 920K / Pid.Sus / 2013 which is then analyzed using the effectiveness theory. The Supreme Court Judge determines the defendant as a justice collaborator based on the Supreme Court circular number 4 of 2011 regarding the treatment of whistleblowers and witnesses of collaborating actors (justice collaborator). The results of this study are that the supreme court judge considered the defendant's petition as a justice collaborator who could reveal the illicit trafficking network of international channels and also reveal the main perpetrators of the narcotics distribution.

Antara Hukum Islam dan Adat; Sistem Baru Pembagian Harta Warisan Siregar, Fatahuddin Aziz
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

The South Tapanuli community adopts a patrilineal kinship system so that women do not get inheritance, even if there is acquisition of property, women receive it not in their capacity as heirs but in the form of holong ni ate as confirmed in the Supreme Court Jurisprudence number 506K / Sip / 1968 dated January 22, 1969 However, on the other hand the Tapsel community underwent a process of Islamization that was quite deep, so that the customary law of South Tapanuli was also influenced by positive law including Jurisprudence which gave heir to girls later issued by the Supreme Court number 528K / Sip / 1972 dated 17 January 1973. This rule makes the practice of distributing the assets of Tapsel's community inheritance also shifts no longer according to the full provisions of adat law.This paper focuses on answering the factors that cause the shift in Batak customary inheritance in Tapsel, how the form of Batak adat inheritance shifts in Tapsel, and how the role of Islamic law in the shifting Batak customary inheritance in Tapsel. To answer this, use descriptive-analytical field research using data collection techniques in the form of observations and interviews with traditional leaders, religious leaders, judges and the community who carry out the distribution of inheritance.From this search, the authors found that the practice of inheritance in Tapsel society has shifted from adat inheritance caused by two factors, namely, First, the factor of Islamic law because Tapsel people have understood Islam well and run it in various fields of life including in the distribution of inheritance. Given that there are dozens of Islamic education institutions in Tapsel according to the author has given a pretty good understanding of Islamic law. So in general it can be said, that this change is a consequence of the Islamization process experienced by the Tapsel people. Second, is the factor of higher power or positive law because until now the community still believes that only the Religious Courts as a place to solve the problem of inheritance to obtain legal certainty.The shift to adat inheritance occurs in several patterns. The first pattern is a total change from customary form to division according to faraid, this pattern occurs in areas that are fairly Islamic, namely the Mandailing Natal region, although of course there are some people who divide in a way that is not consistent in carrying out Islamic law. The second pattern is to carry out adat law, namely in communities that are relatively strict with adat, namely in the Padang Lawas and Sipirok regions, in this area many cases seem to have carried out faraid formally but the substance still reflects the spirit of adat law. The third pattern, namely the way of division which is a combination of Islamic law and customary law, which is a fairly moderate community in the Angkola region.Islamic law has contributed by shifting the implementation of customary law to Islamic law. People who according to customary law do not receive inheritance become heirs who receive a certain portion. At first the mother did not count as an heir, then given a part 1/3 or 1/6. Istdri initially did not get any portion of the inheritance then received 1/4 or 1/8. Girls initially only have the status of olong ate, then receive a relatively large portion, which is 1/2 or 2/3.

Konsep Kedewasaan Subyek Hukum Sainul, Ahmad
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

There is a difference in the concept of the legal maturity limit according to Islamic law and positive law. The legal subject's maturity is fifteen years old or ihtilam for men and menstruation for women. whereas according to positive law there is no legal certainty regarding legal skills in the age of 18 years, 21 years, or after marriage, resulting in confusion in determining one's skills before the law. Then the age difference in the Marriage Law for men and women needs to be equalized and needs to be re-agreed in accordance with physical and mental considerations for all parties who will get married

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Ahmatnijar, M. Ag

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Jurnal el-Qanuniy beralamat di jalan T. Rizal Nurdin Km. 4,5 Kelurahan Sihitang Kecamatan Padangsidimpuan Tenggara Kota Padangsidimpuan Kode Pos 22733 berlokasi di Gedung Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan

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Kota padangsidimpuan,

Sumatera utara

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ahmatnijar, M. Ag

Contact Email ahmatnijar@gmail.com

Phone +6281263646539

Journal Mail Official jurnalelqanuniyfasih@gmail.com

Editorial Address Jurnal el-Qanuniy beralamat di jalan T. Rizal Nurdin Km. 4,5 Kelurahan Sihitang Kecamatan Padangsidimpuan Tenggara Kota Padangsidimpuan Kode Pos 22733 berlokasi di Gedung Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan

Location Kota padangsidimpuan, Sumatera utara INDONESIA

Abstract

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Abstract

Contact Name
Ahmatnijar, M. Ag

Contact Email
ahmatnijar@gmail.com

Phone
+6281263646539

Journal Mail Official
jurnalelqanuniyfasih@gmail.com

Editorial Address
Jurnal el-Qanuniy beralamat di jalan T. Rizal Nurdin Km. 4,5 Kelurahan Sihitang Kecamatan Padangsidimpuan Tenggara Kota Padangsidimpuan Kode Pos 22733 berlokasi di Gedung Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan

Location
Kota padangsidimpuan,

Sumatera utara

INDONESIA