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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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Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
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 163 Documents
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EX OFFICIO HAKIM DALAM MENENTUKAN ISTERI NUSYUZ SERTA AKIBAT HUKUMNYA Neila Hifzhi Siregar, Agus Anwar Pahutar ,
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 2 (2021)
Publisher : IAIN Padangsidimpuan

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Abstract

This paper begins with the decision of the Padangsidimpuan Religious Court Judges, namely divorce divorce cases by husbands who demand that they be allowed to pledge divorce of one raj'i in front of the trial. The request was answered by the wife with a claim for reconciliation demanding her rights (past livelihood, livelihood, and mut'ah). The judge of the Padangsidimpuan Religious Court ruled that Nusayz's wife and the consequences of her law were not entitled to iddah, past and mut'ah income. Then the wife filed an appeal against the Medan High Religious Court. As for the Panel of Judges of the Medan High Court of Religion, it was decided that the wife was entitled to earn a living from the iddah, the past, and the mut'ah because the wife was not shabby.Based on the research conducted by the author, it can be concluded that the reason of the Padangsidimpuan Religious Court panel of judges in their decision which stipulates nusyuz wives and wives are not entitled to receive past livelihoods, iddah livelihoods, and mut'ah as a result of the law is because the wife does not care for the husband when ill, always divorced, the wife left the house without permission from her husband until repeatedly. Whereas according to the panel of judges of the Medan High Court of Religion, in its decision stipulating that the wife is not incoherent, then the wife is given the rights in the form of past income, livelihood, and mut'ah as divorced wife. With the reason that the husband was not found to declare / request that the wife was declared to be abusive and even willing to give the wife's rights whenever she could, the wife's departure from the house due to expulsion of the husband, the first level court had granted more than the demand (exceeding her authority limit).
HISTORISITAS ATURAN DAN TUJUAN PERCERAIAN DALAM PERUNDANG-UNDANGAN KELUARGA ISLAM INDONESIA DAN NEGARA-NEGARA MUSLIM Rasyid, Arbanur; Ridwan, Muhammad; Lubis, Maulana Arafat
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 2 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v7i2.4813

Abstract

This paper talks about problems in the family, especially those related to divorce according to Classical Fiqh and looks at how relevant it is to be applied in Indonesia, using the perspective of Human Rights, and the Anti-Discrimination Law, as well as the form of government intervention in this issue. The dissolution of a marriage caused by divorce can occur due to talak or based on a divorce suit. The Indonesian state ratifies that divorce can only be carried out in front of the Religious Court (PA) after the Religious Court tried and failed to reconcile the two parties. Whereas in Islamic countries such as Brunei, divorce is still recognized out of court, although it is recommended to register after divorce (talak). Brunei still recognizes triple talaq at once. In the matter of divorce, the Singapore law only regulates the suffocating or squabbling that occurs between spouses. For cases of dispute, the judge will send a judge to reconcile the two. The Philippines requires registration which functions as administrative data. Turkey, with The Ottoman Law Of Family Rights (Qonun Qarar Al Huquq Al-'Ailah Al-Ottoman) in 1917 article 38, stipulates that it is permissible for a wife to divorce a wife in the form of her husband not being allowed to remarry another woman. The Lebanese Druze Law Number 24 of 1948 stipulates that divorce only occurs through a judge's decision in the presence of two people. Syria, in Law no. 34 of 1975 stipulates that the husband has the right to give full divorce if he is at least 18 years old. Tunisian Law No. 40 1957 stipulates that divorce only occurs in Court. In Iraq it is stipulated that husbands who will divorce their wives are encouraged but are not required to report to the court.
SHALAT MEMAKAI MASKER DITINJAU DARI PERSPEKTIF MAQASID SYARI’AH Nasution, Mulkan
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 2 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v7i2.4584

Abstract

This paper describes how the benefits and benefits of masks when worn when performing prayers. To find this answer, the author uses a qualitative method, specifically a literature study by tracing the opinions of scholars who discuss the topic of this paper and then concludes.The finding in this article is that praying using a three-layer mask or in accordance with the recommendation from the Ministry of Health of the Republic of Indonesia, has many benefits, including self-preservation or in the term of fiqh proposal, namely hifznafs (self-preservation) including from the threat of transmission of the Covid virus - 19.
PENGALIHAN HAK ASUH ANAK KEPADA AYAH SEBAB PERCERAIAN DI PENGADILAN AGAMA MEMPAWAH; STUDI PUTUSAN NOMOR 343/Pdt.G/2016/PA Mpw DALAM PERSPEKTIF MASLAHAH ., Miskari; Gunawan, Hendra
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 2 (2021)
Publisher : IAIN Padangsidimpuan

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Abstract

The purpose of this article research is to find out the problems behind the ownership of Child Custody to the father in the case decision Number: (343/Pdt.G/2016/PA Mpw). In this study, researchers chose the object of research on the decision of the Mempawah Religious Court. Researchers want to know the problems that allow the delegation of children's rights to their biological fathers as a result of the divorce of husband and wife. In addition, the researcher wants to identify and analyze the legal considerations of the judge who gave custody to his biological father as a result of the divorce, which should, in accordance with the KHI, the custody of his biological mother. This study uses a qualitative research type whose quality is in accordance with the results of the assessment with an understanding of the analysis. This study is in the form of an analysis of cases related to the delegation of custody of children to their biological fathers, which occurred at the Mempawah Religious Court using the concept of maslahah as an analytical knife. The criteria for the data obtained are primary and secondary data. Data collection techniques used in the form of findings and literature study. The results showed that the transfer of custody of the child to the biological father was because the child's mother was not trustworthy, busy working, minimal economic conditions, and did not have the will to educate children so that since the age of 4 (four) months the child was handed over to Defendant II (his biological mother). ) Defendant I) who has converted to a non-Muslim religion.
ANALISIS HUKUM MEMBACA SURAH AL-FATIHAH DALAM SHALAT SENDIRIAN; STUDI KOMPARATIF ANTARA PENDAPAT IMAM HANAFI DAN IMAM SYAFI’I Nasution, Buyung Saroha
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 2 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v7i2.4585

Abstract

This journal is entitled the legal analysis of reading Surah al-Fatihah in prayer alone. Comparative Studies between the Opinions of Imam Hanafi and Imam Shafi'i. Junal is a comparative study to find out the differences of opinion between Imam Hanafi and Shafi'i on the law of reading Surah al-Fatihah in prayer alone. In carrying out the study, the author collects the arguments used by Imam Hanafi and Imam Shafi'i in determining the law of reading Surah al-Fatihah in prayer alone, then the author analyzes the arguments of both of them in terms of the science of ulumul hadith on the transmission of the hadith arguments which are the differences in their understanding, and analyzing the science of usul fiqh with the al-jam'u wa at-taufiq method in ta'arud al-adilla.
TINJAUAN FIKIH SIYASAH TERHADAP PERANAN SATPOL PP DALAM MENGIMPLEMENTASIKAN SURAT EDARAN WALIKOTA NO. 497/ SATGAS COVID-19 TAHUN 2021 TENTANG PELAKSANAAN PPKM DI PADANGSIDIMPUAN Puji Kurniawan
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 1 (2021)
Publisher : IAIN Padangsidimpuan

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Abstract

The Civil Service Police Unit is an apparatus or local government apparatus that enforces Regional Regulations and maintains peace and public order for the community, so that the community can carry out activities in an orderly, peaceful and orderly manner. One of the duties and authorities of the Civil Service Police Unit is to implement micro-based community activity restrictions (PPKM) in Padangsidimpuan City.
ANALISIS YURIDIS TENTANG PELAKSANAAN PILKADA TAHUN 2020 DI KOTA MEDAN Shaleh, Arifin
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 7, No 2 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v7i2.5117

Abstract

The implementation of general elections in Indonesia has undergone changes to the NRI 1945 until now in 2019 there have been many developments, namely: first, since the issuance of the Constitutional Court Decision No. 97/PUU-XI/2013 regional head elections (pemilukada) are no longer included in the electoral regime, but become a regional government regime. Second, the pattern of organizing elections from 1999 to 2014 was carried out separately, between the legislative elections (DPR, DPD, Provincial DPRD, and Regency/City DPRD) with the presidential and vice presidential elections, and also with the regional head elections (pemilukada). Therefore, the author is interested in studying juridically about the implementation of the 2020 Regional Head Elections in Medan City.Based on the results of the review from the perspective of legal certainty in the implementation of the 2020 Pilkada in Medan City, it can be said that it has not fulfilled the principle of certainty, this is due to the absence of strict sanctions in following up on violations in pandemic conditions, as well as the lack of legal parties in regulating the provisions of sanctions for violators. In addition, if viewed from the side of the value of justice, the implementation of the 2020 Pilkada in Medan City also does not meet the value of justice, because there are still findings or cases of violations, both from administrative violations and in the campaign, this is because there are no strict sanctions regulated in applicable regulations. . It is hoped that the government can affirm and renew sanctions for violators in the implementation of regional elections, especially in the city of Medan.
CADAR DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Dahliati Simanjuntak
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 8, No 1 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v8i1.5591

Abstract

In this regard, the veil has become a very controversial issue in Islam. Some Muslims regard it as a command of Allah contained in the Qur'an, while other Muslims and non-Muslims, especially Westerners, the veil is identified as clothing that comes from Arab culture, many people assume that the wearing of the veil judged as excessive clothing and people who wear it are considered to shut themselves off from social interaction, and it is feared that there will be misuse of the veil for bad interests. Many Muslims argue that whatever the justification for the purdah (ie, veil) in the past, it has no relevance at all to modern times. The orthodox Muslim community, especially the ulama, on the other hand considers the veil for women as an absolute necessity, with its use becoming a habit.              
PENGAJUAN GUGATAN PEMBATALAN PERKAWINAN OLEH PEGAWAI PENCATAT NIKAH DITINJAU DARI PERSPEKTIF HUKUM POSITIF DAN MAQASHID SYARI’AH Zainal Arifin Purba & Fatimah
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 8, No 1 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v8i1.5607

Abstract

True marriage is to connect the bond between a man and a woman in forming a happy and eternal household based on the One Godhead. However, the marriage institution that has been built can still be canceled due to the discovery of legal defects in the future. The annulment of this marriage is annulled by positive law in Indonesia as well as in fiqh, in this case the provisions of Islamic law that live and develop in Indonesia.
FANATISME MAZHAB DI LINGKUNGAN PESANTREN; STUDI KASUS DI PESANTREN MUSTHAFAWIYAH PURBA BARU Muhammad Arsad Nasution
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 8, No 1 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v8i1.5073

Abstract

School fanaticism often colors the students in the pesantren environment which produces graduate who only tend to recognize the primacy and validity of certain schools of thought. As a result of the fanaticism of the school of thought can lead to disharmony between fellow Muslims in carrying out the teachings of Islam itself. Indications of mazhab fanaticism appear in the Musthafawiah Purba Baru Islamic Boarding School. The fanaticism of this school is influenced by fiqh learning that focuses on certain schools, namely the Safi'yah school of jurisprudence, the influence of teachers who are from the Shafi'iyah school, and the policy of establishing a pesantren that limits itself to learning fiqh with the Syafi'iah school.

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