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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152 Documents
<![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[PENERIMAAN WARISAN HARTA SECARA BENIFISIER PERSPEKTIF HUKUM PERDATA ]]>
<![CDATA[Dalimunthe, Dermina]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 1 (2019) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v5i1.1765
<![CDATA[Inheritance that is received benifisier or determines a condition for the recipient of the inheritance is that if the testator has a debt in his life, the beneficiary only pays the heir's debt the amount of inheritance he receives, according to which the inheritance recipient does not bear the inheritor's debt ]]>
<![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[Prakmatisme Hukum Islam ]]>
<![CDATA[Ahmatnijar, Ahmatnijar]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 1, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v1i1.532
<![CDATA[Nilai aksiologis hukum Islam dalam tataran praktis-empiris merupakan kunci untuk mengukur tingkat kemaslahatan yang diperoleh. Untuk itulah pragmatisme hukum Islam harus selalu mendapat perhatian serius ditengahderasnya arus globalisasi dan sains teknologi. Landasan teologis untuk ini dapat ditemukan dalam nas maupun praktek sahabat dan para mujtahid]]>
<![CDATA[REHABILITASI BAGI PENYALAHGUNA NARKOTIKA DALAM PERSPEKTIF MAQASID AS-SYARI’AH ]]>
<![CDATA[Sirait, Adi Syaputra]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 1 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i1.1828
<![CDATA[Criminal Law in Indonesia is currently experiencing a renewal that includes formal criminal, material criminal and its implementation, it can be seen from the matter of Draft Law of the Criminal Code currently being discussed in the House of Representatives, is no exception about the criminal penalty for drug abuse which is now very threatening, many opinions of experts who argued that criminal confinement / imprisonment for narcotics abusers is not epektif because it can not cure and make a deterrent user. The regulation on the implementation of this rehabilitation was previously arranged through the Supreme Court Circular Number 07 Year 2009 to engage drug addicts in rehabilitation centers, with the aim that rehabilitation can be a punishment that heals the psyche and the minds of narcotics abusers who have been damaged due to the narcotics. Rehabilitation efforts for narcotics addicts and victims of narcotics abuse have not been found in the history of Islamic law development or Islamic criminal law, so this discussion should get further attention from the aspects of Islamic law (Maqasid As-Syari'ah) or Islamic criminal law]]>
<![CDATA[HADIS PALSU DAN HUKUM MERIWAYATKANNYA ]]>
<![CDATA[Sati, Ali]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 1 (2018) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v4i1.1823
<![CDATA[As a narrator (al-râwî), there are some stipulations thosse be must be owned. One of them is the justice (al-‘adâlah). The justice or impartiality is a quality that was settled in the soul motivates someone to be fear of God and keeps his Manliness. It’s one of the quality that must be owned by a narrator for his report receivable. The narrate will be not receiv without the justice quality and even the tradition that he narrates will not be done. There are two ways how to know the justice quality; the famous (al-masyhûrah) and the testimony (tazkiyah). The famous, it means as someone to be known arround the narrator of tradition. And the testimony is one’s or groups aknowlegement in knowledge of tradition departemen. Since in the middle of the first century of the Hejira, hadîth start to be smeared by various forgery. Generally, forgery of the hadîth effecct of attitude of fanatis group wich have get conservative level, political groupgoodness and also religious stream. Besides, there is also among muslem scholar owning the target of goodness. But, they were exactly trapped in impact which charming religion. Faktor of external have influence in forgery many hadîth, like Isrâ’liyyat hadîth.           One of the instrumentto check is the sciense of ta’dîl and jarh. This science concerning evaluationtoall person of the narrator an hadîth. Study about of false hadîth represent central issue theme which told in this paper. From study in the some forum (majlis) which have to be expressed by, that there is over there some hadîth the assumed as false hadîth that unknown of the refrence or narrator. For ekample from fact of matn which has not have the refrence or source, was such as those which told like: I’mal li dunyaka kaanaka ta’îsyu abada, wa ‘mal li âkhiratika kaannaka tamûtu ghada ]]>
<![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[SISTEM PERADILAN ISLAM ]]>
<![CDATA[Gunawan, Hendra]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 1 (2019) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v5i1.1766
<![CDATA[Today, Islam is not sufficiently known as iqtisad (the Islamic banking system) which is now quite the belle of this beloved pancasila earth, but along with that Islam is also known as the administration of justice and its ability to protect people's rights which is then called the sharia court. The person most responsible for implementing this Islamic court is the caliph and qadhi (judge). The Caliph carries out Islamic laws and applies them to all the people while the judge takes Islamic decisions based on the Qur'an and the Sunnah. Because in the teachings of Islam do not submit the determination of justice to the will on the basis of human taste but the authority to make the law is only Allah SWT, the Creator of man and the All-Knowing about the human self]]>
<![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[PEOPLE POWER DITINJAU DARI PERSPEKTIF AL-QUR’AN DAN SUNNAH ]]>
<![CDATA[Sati, Ali]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 1 (2019) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v5i1.1761
<![CDATA[The term people power in international history, was first used in 1986 when the overthrow of Ferdinand Marcos from the power of the President of the Philippines, while in Indonesia began during the 1998 reform era which was the initial period of the term people power with a typical and popular model back in 2019 especially when the General Election (Election) for Presidential Candidates and Vice-Presidential Candidates (Presidential and Vice President Candidates) is quite aloofly discussed by experts and the public. For that reason, in this paper, the author tries to examine people power from the perspective of the Qur'an and Sunnah that the author will describe in the discussion below]]>
