Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Jurnal ini dikelola oleh Fakultas Syariah INSURI Ponorogo dan terbit dua kali dalam satu tahun (Januari dan Juli) dengan E-ISSN 2686-4819 dan P-ISSN 2686-1607. Hadirnya jurnal Al-Manhaj guna mewadahi karya tulis ilmiah dari civitas akademika, peneliti, mahasiswa, dan praktisi di bidang hukum dan hukum Islam yang memiliki nilai baik dan rasionalitas tinggi. Ruang lingkup pembahasannya meliputi ilmu hukum, hukum perdata, hukum pidana, hukum tata negara, hukum bisnis, hukum administrasi negara, hukum Islam, ahwal syakhsiyah, muqaaranah al-mazaahib, jinayah, siyasah, muamalah, dan pranata sosial Islam.
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<![CDATA[Penyalahgunaan Akun pada Handphone Iphone Perspektif Ibnu Taimiyah (Studi pada Akun Jual Beli Online di Kota Medan) ]]>
<![CDATA[Munthe, Muhammad Royhan]]>;
<![CDATA[Harahap, Abd. Rahman]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2355
<![CDATA[Collaboration with iPhone users is cooperation in the form of services in providing a visual display by providing photo and video services via iPhone mobile phones. To do this, the owner of an online buying and selling account must provide the password from his buying and selling account to the iPhone service and video owner. The purpose and focus of this research is to find out the law of cooperation on the iPhone in the Islamic perspective of Ibnu Taimiyah in the city of Medan. The methods used by the author are Library Research and Field Research with a normative-empirical approach. The results of this study are based on the perspective of Ibnu Taimiyah which is related to all kinds of business, namely to uphold justice in doing business. Therefore, cooperation in photo and video services for iPhones is very dangerous for personal data and in this collaboration there is no la dharar principle, namely the principle of not hurting each other.]]>
<![CDATA[Profit Sharing Akad of Sharia Venture Capital Companies ]]>
<![CDATA[Komarudin, Parman]]>;
<![CDATA[Sodiki, Muhammad]]>;
<![CDATA[Yanova, Muhammad Hendri]]>;
<![CDATA[Hadi, Hendra]]>;
<![CDATA[Yusuf, Mahmud]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2357
<![CDATA[This study aims to analyze the essence of profit sharing contracts for Islamic venture capital companies. This study uses a qualitative method which is a method that focuses on in-depth observation. Therefore, the use of qualitative methods in this study resulted in a more comprehensive review of profit-sharing contracts for Islamic venture capital companies. the type of research that the author uses is normative legal research. The nature of research in this writing is the nature of descriptive research. The approach used in this legal research is a statutory approach and a conceptual approach. The results of this study indicate that Islamic venture capital uses musyarakah and mudharabah akad in the profit-sharing scheme. Akad Musyarakah are used for companies that already have an ongoing business, but still need additional capital for business expansion purposes and akad mudharabah are used when a new business is established that has prospects for development.]]>
<![CDATA[Mediation as an Alternative to Medical Dispute Settlement in Hospitals ]]>
<![CDATA[Banjarnahor, Hotma]]>;
<![CDATA[Helvis, Helvis]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2359
<![CDATA[Mediation is one way to try to solve a disagreement. In this process, both sides agree to bring in a neutral third party to act as a mediator.The purpose of this research is to examine the case of Deed of Peace No. 001/AP/III/2021, in which a lawsuit was filed against the doctor due to malpractice that resulted in the death of the patient. As for the method that researchers uses an empirical legal approach, and the type of legal study is a full analysis of primary, secondary, and tertiary legal materials. The research and talk about it have led to a scientific work that is complete, clear, detailed, and well organized. Empirical Legal Research is a legal research method that uses empirical facts derived from human behavior, including both verbal behavior obtained through interviews and direct observation of real behavior. Empirical research is also used to look at the results of people's actions by looking at physical remains and old records. The results of this study are the constraints on the implementation of malpractice settlements in Deed of Peace No. 001/AP/III/2020 that are internal and external. Obstacles from within (internal) in the form of a lack of commitment and intention on the parties' part to reconcile While the inhibiting factors from outside (external) are the inability of the mediator to reconcile, the existence of advocates who seek profit by choosing the court route, and the absence of a special institution that is domiciled as a legal institution in each hospital, such as hospital ethics and law committees.]]>
<![CDATA[UNDERSTANDING ZINA LAW IN INDONESIA (After the Ratification of the Criminal Code Bill Becomes Law Number 1 of 2023 About the Criminal Code) ]]>
<![CDATA[Suprayogi, Rizqi]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2363
<![CDATA[This study aims to find weaknesses in law enforcement related to the problem of adultery in Indonesian laws as well as to provide solutions so that the law can be upheld. This research was made using library research research which in its implementation collected sources of books, laws and the internet. The results of this study indicate that adultery is a public crime that has an impact on the perpetrators, family and society. The act of adultery is contrary to socio-cultural customs and religion. The perpetrators of adultery must be punished according to statutory regulations according to Law Number 1 of 2023 concerning the Criminal Code. Even though there are still weaknesses in the law, customary law can play a role in encouraging the perpetrators of adultery to be entangled in the law. Through the customary wisdom of the community.]]>
<![CDATA[Tinjauan Yuridis Tanggung Jawab Hukum dalam Perjanjian Kredit Perbankan Apabila Debitur Wanprestasi ]]>
<![CDATA[Nuralisha, Marsheila Audrey]]>;
<![CDATA[Mahmudah, Siti]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2364
<![CDATA[Humans are social beings who need each other to achieve what will be achieved. The goal is to communicate thoughts and feelings that arise from his common sense. With the relationship between humans with one another, this can also happen between humans and banks. Which human or someone will lend funds or credit to banks. But in reality, someone who has done credit financing does not follow the agreement and causes default. Thus, the occurrence of this default resulted in a person having to take legal responsibility to resolve the problem. Therefore, This research focuses on the legal principles in default regulations in banking and legal responsibility in resolving default debtor problems. This paper aims to explain the juridical review and legal responsibility in bank credit agreements if the debtor defaults. The research method uses a normative juridical approach that has descriptive characteristics. The result of this study is a juridical review based on the Banking Law and legal responsibility is carried out by mediation first so that the debtor and creditor can choose a middle way. If the debtor cannot resolve the case, then the final solution is to file a lawsuit with the court based on an agreement between the two parties.]]>
<![CDATA[Analisis Hukum Terhadap Klausula Eksonerasi pada Nota Laundry di Kecamatan Padang Hilir, Kota Tebing Tinggi Perspektif Wahbah Az-Zuhaili ]]>
<![CDATA[Siregar, Wilma Putri Handayani]]>;
<![CDATA[Permata, Cahaya]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2446
<![CDATA[Business actors in Padang Hilir Subdistrict, Tebing Tinggi City make exoneration clauses to release responsibility for damage and loss experienced by consumers. The consumer protection law stipulates that business actors may not include exoneration clauses in offering goods and/or services intended for trade. The purpose of this study is to find out what the factors causing the use of exoneration clauses in laundry notes, how the regulation of exoneration clauses according to legislation, and how the responsibility for using exoneration clauses by business actors in Padang Hilir District, Tebing Tinggi City from the perspective of Wahbah Az-Zuhaili. This type of research is empirical juridical with a living case studies approach, statute approach, and conceptual approach. The results showed that the liability of business actors using an exoneration clause on laundry notes is inappropriate, while according to Wahbah Az-Zuhaili business actors must be responsible for damage and loss experienced by consumers. In conclusion, the exoneration clause based on Wahbah Az-Zuhaili's opinion cannot be used to release responsibility. If anyone makes such a clause, it is null and void]]>
<![CDATA[Pembebanan Hak Tanggungan pada Hak Guna Bangunan diatas Hak Milik ]]>
<![CDATA[Nastiti, Althea salza]]>;
<![CDATA[Darmawan, Madeleine Evania]]>;
<![CDATA[Irawan, Deny]]>;
<![CDATA[Arifah, Nurmalita Fajar]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2385
<![CDATA[Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescriptive analysis techniques. The results of this study indicate that building use rights over property rights can be charged with mortgage rights. The creditor as the party holding the Mortgage must apply the precautionary principle in the event of default by the debtor. As for the legal protection that can be applied to the imposition of Mortgage Rights on building use rights over property rights through the Deed of Granting Mortgage Rights. This is to accommodate if the process of carrying out the Mortgage auction takes a long time, so that it will affect the term of the right to use the building over the right of ownership. Creditors are also given the authority to renew building use rights over property rights as one of the efforts to prevent the erasure of building use rights over said property rights.]]>
<![CDATA[Peran dan Kedudukan KUA dalam Pengajuan Pembatalan Perkawinan Akibat Pemalsuan Identitas (Putusan 2856/Pdt.G/2022/PA. Mdn) ]]>
<![CDATA[Suryaningsih, Fitri Sri]]>;
<![CDATA[Hayati, Amal]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.2490
<![CDATA[This study aims to examine the role and position of the KUA when submitting an annulment of a marriage due to falsification of identity in the decision 2856/Pdt.G/2022/PA. Mdn. Where usually those who file lawsuits for annulment of marriages are husbands, wives or relatives who get married because there are parties who feel cheated. What is unique is the decision number 2856/Pdt.G/2022/PA. Mdn. is that the plaintiff filing a lawsuit for annulment of the marriage is the KUA itself. This research is a normative juridical research, with a statutory and conceptual approach. The results of the study described that the KUA was less thorough in examining the identity documents of the prospective bride and groom. And the KUA also filed a lawsuit for annulment of the marriage to the Religious Court, even though juridically it is very permissible. So that the role and functions of the KUA are really needed which can actually be carried out according to the applicable procedures, namely to help carry out some of the district ministry of religion offices in the field of Islam in the sub-district area. This study concluded that the head of the KUA made a mistake and filed a lawsuit for annulment of his marriage to the Medan Religious Court. Juridically, this is perfectly permissible. however, this is a very unique and rare occurrence. And the steps of the KUA in submitting the application are correct, here the KUA as a marriage registrar, issues a marriage book, supervises marriages in accordance with Article 1 PERMA No. 19 of 2018 concerning registration of marriages.]]>
<![CDATA[PERBEDAAN INTERPRETASI HUKUM MENIKAHI WANITA HAMIL (Analisis Terhadap Pasal 53 Kompilasi Hukum Islam Perspektif Maqhosid Syari’ah) ]]>
<![CDATA[Sholeh, M. Gunawan Ismail]]>
<![CDATA[ AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Syariah INSURI Ponorogo ]]>
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DOI: 10.37680/almanhaj.v5i1.1602
<![CDATA[Law is a controller of human behavior, but not the least of the legal rules there are different interpretations. KHI as the law that regulates marriage in Indonesia cannot be separated from this, namely Article 53 concerning Pregnant Marriage. In regulating human life, law must consider the aspects of benefit and harm (maqhosid syrai'ah). The purpose of this paper is to clarify the purpose of KHI Article 53 as law. In this study the method used is a qualitative research method and uses the Maqhosid Syari'ah approach. While the sources of data collection in this study are books, articles, manuscripts or the like related to similar themes. The data analysis methods in this study are collecting data, reducing data, presenting data and drawing conclusions. Based on the analysis conducted by KHI Article 53 which regulates pregnant marriage accommodates the maqhosid syari'ah aspect, namely the benefit of protecting honor and offspring.]]>
