cover
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
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
ISSN : 24426652     EISSN : 25807307     DOI : https://doi.org/10.24952/el-qonuniy.v5i1
Core Subject : Social,
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 163 Documents
KONTROVERSI REFORMASI USHUL FIQH DI KALANGAN PEMIKIR HUKUM ISLAM Kholidah Kholidah
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 6, No 2 (2014)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v6i2.7606

Abstract

The ide reform the ushul fiqh appearing along with the idea of reform to fiqh, because the ushul fiqh and fiqh are two things that cannot be separated. Ushul fiqh is the method that contains the procedure and the formation of low. in the other words ushul fiqh is the methology of Islamic law (minhaj istinbath al-ahkam), while fiqh that was excavated from the proposition through. however, the currency reform ushul fiqh among Islamic thinkers about the reform of ushul, namely stronghold that rejects reforms and stronghold that receives reform. a stronghold that rejects reforms argue that reform and development ushul fiqh not required, given that the ushul fiqh can accommodate and resolve that various problem that appear. that need to be done is to harness and maximize ushul fiqh as a methodology to produce fiqh more relevant to change. stronghold that receives reform argue the deconstruction of ushil fiqh is the inevitability of to release the fiqh of the allegation as a factor in the decline of Islam. because of the time and problems has changed and developing. a renewal of the ushul fiqh includes three things, namely: 1) that is orientation practical rather than abstract orientation, 2) developing the methodology of ushul fiqh to be relevant to reality and 3) extending componens ijtihad
HUBUNGAN MAQASHID AL-SYARIAH DENGAN FILSAFAT HUKUM ISLAM Muannif Ridwan; Surya Gusnadi; Aji Kurniawan
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.6151

Abstract

This study discusses Maqashid al-Shari'ah relationship with the Philosophy of Islamic Law. In ‎the application of Islamic law, it has a purpose for the benefit of every human being and to ‎avoid mankind from evil both in this world and in the hereafter. The ushul fiqh experts have ‎an opinion about five points or elements that humans must guard and maintain in realizing ‎benefit. These five elements include soul, religion, reason, lineage, and property. This ‎research uses the library research method or also known as research that utilizes data and ‎information sourced from the library or also called library research. This study concludes that ‎maqashid al-syari'ah is an indicator in a product of ijtihad. The position of maqashid al-‎Sharia in Islamic law is very important, all problems that are impossible to solve can be done ‎by using maqashid al-syariah, as a means and tool in understanding the Qur'an and Sunnah. ‎The relationship between maqasid al-syariah and Islamic legal philosophy is very close. If ‎viewed based on the essence of maqashid al-syariah has one goal to be achieved by ‎establishing a law for the benefit of the people and maqashid sharia itself is part of the ‎philosophy of Islamic law. In addition, the relationship between Islamic legal philosophy and ‎maqasid al-syariah is to uphold human dignity on this earth. Therefore, in line with this, all ‎philosophies of Islamic law have become a big house which also contains the subject of ‎maqashid al-syariah as a theory that is used to determine and discover the nature, purpose.‎
KEDUDUKAN HUKUM ADAT DALAM HUKUM ISLAM TENTANG PELAKU MAKSIAT TERTENTU Dedisyah Putra
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7776

Abstract

Adat or al-'adah is the oldest law in human history. Although Islam came after it, it still gives recognition to customs as long as it does not contradict the main principles in Islam called 'adat urf shahih. In both general and specific forms, adat can be used as a basis in Islamic law. This study will discuss the position of customary law in Islam related to certain perpetrators of immorality. This research is descriptive and uses literature sources. The results showed that in Islamic Law such as qisas (the law of retribution) and zina, this rule is not a new rule of law, but has long been in force in the customs of Arab society. The main change made by Islam to qisas was to include the principle of balance in its legal framework. The same goes for adultery. Therefore, there is a relationship between customary law and Islamic law in protecting human dignity in the context of benefit, providing lessons in law enforcement, and preventing people from falling into disrepute.
CATFISHING DALAM PERSPEKTIF HUKUM POSITIF INDONESIA Atika Zahra Nirmala; Ayu Riska Amalia; Nunung Rahmania; Zahratul’ain Taufik
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7731

Abstract

This study aims to analyze catfishing in the perspective of Indonesian positive law. This research is a type of normative juridical research with statutory and case approach methods and then uses descriptive qualitative analysis techniques. The results of this study indicate that catfishing is one of the crimes that use technology by utilizing social media where catfishing which is a form of fraud in cyberspace with its modus operandi using a fake identity then showing interest in other people so as to form an emotional or romantic relationship, and then using the victim to benefit himself by giving something in the form of goods or money. Therefore, based on Indonesian positive law the act above is a crime which fulfills the elements in Article 378 of the Criminal Code and Article 35 in conjunction with Article 51 paragraph (1) of the ITE Law. With the existence of these rules can accommodate the crime of catfishing and the catfish although there is no cyberlaw that specifically regulates crimes such as catfishing.
PERLINDUNGAN PEKERJA RUMAH TANGGA (PRT) MELALUI KEPASTIAN HUKUM DI INDONESIA DAN HUKUM ISLAM Yasirwan Yasirwan; Muhammad Hafiz Ikhsan; Nikmah Dalimunthe
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7715

Abstract

Domestic workers are often known as helpers, not as workers who are the same as others. Domestic workers are usually performed by women, and Islam itself does not prohibit women from becoming workers. The problems that are often experienced by domestic workers in Indonesia are working hours and wages, as well as violence perpetrated by employers. In Islam, wages must be paid according to the agreement and workers should not be tortured. Due to the frequent occurrence of problems experienced by domestic workers due to the absence of a specific law that regulates domestic workers, this paper will discuss the protection of domestic workers through legal certainty in Indonesia and Islamic law. This article uses normative legal research methods, and the data source used is secondary data. The results of the research in the article show that the policy through the formation of the Law on the Protection of Domestic Workers is something that is really needed, because besides having the main goal of protecting domestic workers in Indonesia and in Islamic law, creating a sense of justice by giving wages and protecting domestic workers is a very important thing. needs to be done in this employment industry. 
PRAKTIK NAZAR KOLEKTIF PADA MASYARAKAT KUNTU KABUPATEN KAMPAR Oki Penri; Mustafid Mustafid
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7767

Abstract

Naghohgi tongue debt is a vow that is done simultaneously (collective vows), usually done because Allah protects the village of Kuntu from the disaster that has struck. So this article examines the Debt of Naghohgi's tongue in terms of Islamic law. And there are two problems in this research, namely how the practice of Naghohgi tongue debt in Kuntu village and how Islam sees it. The type of research is field research with a qualitative approach. The primary data sources are traditional leaders (link mamak), community leaders, religious scholars, and the community, while secondary data is from books, journal articles, and documents deemed necessary. Data collection techniques used interviews and documentation, while data analysis techniques used descriptive analytical techniques. The results of this study show that the implementation of the vows (Naghoghi Tongue Debt) carried out by the Kuntu Village community is a vow that is carried out jointly or collectively by the entire Kuntu community. This vow has been carried out since the ancestral times of the people of Kuntu Village and is very thick with a combination of cultural and religious values. Until now, it is still being carried out and developing. The vows were paid after an evaluation of the vows and an agreement between the Kuntu Village leadership, Ninik Mamak, and Alim Ulama. The vows were carried out for two days and two nights and were solemn and solemn. In terms of Islamic law, the vows (Naghoghi Tongue Debt) carried out by the people of Kuntu Village are not in accordance with the share, because one of the pillars of the vows, namely the subject or person making the vow, is not fulfilled. In worship, it is only considered valid if the pillars and conditions are met.
MARKETING POLITIK: ANALISIS TERHADAP KOMPETISI ELEKTORAL PADA PEMILIHAN PRESIDEN TAHUN 2024 DI INDONESIA Toguan Rambe; Seva Maya Sari; Mawardi Mawardi
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7792

Abstract

The political process in Indonesia has entered into increasingly dynamic specially as the leadership transition momentum approaches in 2024, this phenomenon can be seen in electoral political marketing in several names of figures who have the potential to become candidates for the election. This paper is a descriptive analysis of the phenomenon of presidential elections. in Indonesia, the type of research used is qualitative. The method of collecting research data is observation through library research or literature review. His position is often also called a literature survey, therefore the object of this research is all written data, whether found in books, articles or research results as well as infographics both published in print and electronic media. The results of the study explain that marketing is interpreted as an ongoing political method or strategy both carried out by individuals and certain political parties in absorbing people's aspirations, facilitating contestants in voicing ideas and ideas. In principle, political marketing is part of a strategy aimed at winning contests. All instruments that are part of marketing are very urgent, including candidates, parties or combinations of political parties, winning teams, volunteers and even the media. Accumulating that these political instruments must run and process simultaneously and linearly so that the political messages, vision, mission and work programs offered to the public are well absorbed.
URGENSI QAWA’IDH FIQHIYYAH DALAM PENGEMBANGAN HUKUM ISLAM Kholidah Kholidah
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7963

Abstract

This study aims to analyze the urgency of qawa'id fiqhiyyah in the development of Islamic law. The rationale departs from the definition of the fiqhiyyah rule itself, namely a collection of syara' laws from various legal events that have the same 'illat. This meaning assumes that fiqhiyyah rules actually have a role in the development of Islamic law. Bearing in mind that each rule contains 'illat law, legal rationale and also philosophical values that can be used as a basis for establishing a law in a new case. This study uses a normative juridical method, with secondary data in the form of three legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The data were taken from the literature as a data source, then analyzed and described systematically. The conclusions drawn are, 1) qawa'idh fiqhiyyah can be used as an alternative in resolving legal issues for which there is no explanation. 2) Qawa'id fiqhiyyah contains quite high dynamic values. 3), Qawa'id fiqhiyyah is able to realize legal elasticity to be applied in various contexts and. 4) Qawa'id fiqhiyyah contains the values of the contextualization of Islamic law.
PERLINDUNGAN HUKUM PEMEGANG POLIS ASURANSI DALAM MEMBAYAR KLAIM ASURANSI Anisa, Darania; Ariyanti, Ovi; Asari, Aang; Hidayat, Ma’ruf
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7793

Abstract

Increasing public awareness and trust in the insurance sector is considered capable of providing protection from various uncertainties during a pandemic. If you look at the performance of the insurance industry, in the third quarter of 2021 the total income for the life insurance industry in Indonesia will reach Rp. 171.4 trillion or a significant growth of 38.7 percent from the 2017 period. However, total claims have decreased from year to year, in 2019 it reached 114 trillion and in 2021 it reached Rp 107 trillion, down 2 percent. So that there are complaints from the public regarding the difficulty of submitting an insurance claim, rejection of claims from insurance companies even though they always pay insurance premiums, of course, this is an important note to resolve. Legal protection is found for the policy holder/insured in the payment of insurance claims, namely if the default insurer does not perform the performance as agreed in the insurance policy, the insured can take legal action in the form of a lawsuit through the court or settlement through the existing mechanism in the insurance policy. And also the obligation of the insurer to the insured is to pay insurance claims in accordance with the amount of coverage stated in the insurance policy.
ISLAM DAN SOSIAL KONTROL: MENELISIK PENERAPAN SYARIAT ISLAM DI ACEH Yusmalinda Yusmalinda; Syawaluddin Ismail; Muhammad Rusdi bin Muhammadiah; Muhammad Firdaus; Muhazir Muhazir
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7711

Abstract

The Aceh government has put Sharia into effect after receiving permission from the Indonesian government to enact Islamic law. The Aceh government took advantage of this chance to formally incorporate Islamic law into the nation's legal framework. This essay examines the development of Sharia and how it is used today. In this research, additional information in the shape of electronic information, rules, and government websites directly linked to the topics covered in this paper were used as data sources to learn more about Sharia in Aceh. This study incorporates various empirical studies carried out by earlier scholars in the form of papers, books, and other significant material to enhance the data and analysis. The findings of this study revealed that for more than 20 years, the application of Sharia had created a culture that was submissive to Islamic law, with the Acehnese Muslim community increasingly receiving instruction to uphold Sharia through the use of terminology from the "porch of Mecca". Communities that are not Muslim also help Aceh establish Sharia law. In addition to being founded on personal knowledge, adherence to Sharia is also made stronger by the legal penalties imposed for transgressions in the areas of creed, attire, and religion.