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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164 Documents
<![CDATA[Konsep Kedewasaan Subyek Hukum ]]>
<![CDATA[Sainul, Ahmad]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qonuniy.v5i2.2153
<![CDATA[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]]>
<![CDATA[Munasabat Al-Qur’an Menurut Al-Biqa’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-qanuniy.v4i2.2391
<![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-qanuniy.v4i2.2386
<![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[Tindak Pidana Penipuan Dalam Perspektif Fikih Jinayah ]]>
<![CDATA[Gunawan, Hendra]]>
<![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-qanuniy.v4i2.2392
<![CDATA[This paper discusses Fraud in the Jinayah Jurisprudence Perspective. The main problem in this article is how the perspective of jurisprudence against fraud, from here the authors formulate sub-problems namely how the terminology of fraud according to jurisprudence and how the punishment for the culprit according to jurisprudence jinyah.The method used in this article is descriptive qualitative, sourced from fiqh books and books related to the topics discussed in this article, the method of collecting literature study data.The author's findings in this article, that the form of fraud in the Criminal Law Act is almost similar to the fraud that exists in the book of Jurisprudence. In the text of the punishment for the perpetrators of fraud there is no standard rule that only emphasizes the punishment of the heaven, so the scholars stipulate that for the perpetrators of fraud are subjected to ta'zir penalties, namely the punishment handed over at the government's policy to decide.]]>
<![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-qanuniy.v4i2.2387
<![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]]>
<![CDATA[Pelaksanaan PMK No. 93/Puu-X/2012 Mengenai Penyelesaian Sengketa Perbankan Syariah Sesuai Isi Akad di dalam UU No. 21 Tahun 2008 Tentang Perbankan Syariah ]]>
<![CDATA[Harahap, Purnama Hidayat]]>
<![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-qanuniy.v4i2.2393
<![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-qanuniy.v4i2.2388
<![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[Kitab Undang-Undang Fikih Jinayah (KUFJ) ]]>
<![CDATA[Gunawan, Hendra]]>
<![CDATA[ Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 3, No 2 (2017) ]]>
Publisher : <![CDATA[IAIN Padangsidimpuan ]]>
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DOI: 10.24952/el-qanuniy.v3i2.2383
<![CDATA[This article discusses the Jinayah Jurisprudence Act (KUFJ), so the main problem in this article is whether there is a Criminal Code (KUHP) version of Islamic law, and how Islamic law responds to all crimes that occur in society begin then until now. From this problem the author tries to trace the books of fiqh which regulate criminal acts of crime, especially from jinayah fiqh books. The method used in the preparation of this article is descriptive qualitative sourced from fiqh books and books relating to the topics discussed in this article, the method of collecting literature study data by trying to codify the rules of Jurisprudence that have been described by fiqh scholars in different books and books.\The findings of the authors in this article, that all forms of previous criminal offenses up to the new model criminal offenses that emerged in the naw era, are in fact far summarized in the great constitution of Muslims (al-Qur'an). Only the question regarding criminals is that there is no book that summarizes in detail such as the Criminal Code in force in Indonesia at this time. But if you look closely, the Koran actually regulates all types and modes of crime that are just emerging now. So in this article the author tries to describe the Criminal Code a la jihay in the following discussion.]]>
<![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-qanuniy.v4i2.2389
<![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-qanuniy.v4i2.2384
<![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.]]>
