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Al Ushuliy
Published by Universitas Islam Negeri Mahmud Yunus Batusangkar
ISSN : 30251060     EISSN : 30251001     DOI : http://dx.doi.org/10.31958/alushuliy
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum with ISSN 3025-1001 (Online) and 3025-1060 (Print) is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of sharia. JISRAH encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited:Islamic Law, Islamic Family Law, Constitutional Law (Siyasah), Islamic Economic Law. The journal is published periodically twice a year, i.e., every June (first edition) and December (second edition). FOCUS Al Ushuliy provides scientific articles developed in attending through the article publications, original research report, reviews, and scientific commentaries in Sharia. SCOPE Al Ushuliy encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited: 1. Usul Fiqh; Qawaid Fiqhiyyah; Philosophy of Islamic Law, Politics of Islamic Law. 2. Worship 3. Muamalah / Islamic Business Law 4. Marriage 5. Inheritance 6. Islamic Crime 7. Islamic State 8. Judiciary 9. Laws and Legislation
Arjuna Subject : Ilmu Sosial - Hukum
Articles 63 Documents
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PERBANDINGAN LABA PAGANG GADAI SAWAH DENGAN RATA-RATA LABA DEPOSITO PERBANKAN SYARI’AH (Studi Kasus Nagari Padang Tarok Kecamatan Baso) Ahmad Omar Fayyadh
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 1 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i1.8342

Abstract

This research is needed because there is an assumption in the community that the profit in the pawn handle of rice fields is exploitative and blackmails people who are in trouble and need. This research was conducted in Nagari Padang Tarok, Baso District, Agam Regency, West Sumatra and was conducted based on an Islamic economic perspective. The method used in this study is a descriptive qualitative method, which is to describe the problems discussed clearly and analyze them in depth and in an orderly manner. The results of this research analysis are then presented in the form of a comparison which produces a conclusion from the data obtained. The data obtained in this study were obtained through interviews conducted with several communities in Nagari Padang Tarok. The data obtained are then analyzed using descriptive qualitative methods. The results of the research findings in this study are that the rice field pawn handles carried out by the community in Nagari Padang Tarok are not exploitative. This finding was obtained after comparing the average percentage of rice field pawn trading profit with the average percentage of shari'a banking deposit profit in Indonesia. The data analyzed show that the rice field pawn handles carried out by the people of Nagari Padang Tarok are not exploitative, even it helps the economy of the Nagari Padang Tarok community in meeting their living needs.
INTEGRASI BUDAYA DAN AGAMA: KETERLIBATAN ANAK DALAM TRADISI BABALIAN SEBELUM WALIMATUL ‘URSY DALAM PERNIKAHAN DI NAGARI PARIANGAN PERSPEKTIF HUKUM Zulfa Marlina; Nofialdi Nofialdi; Dodon Alfiander; Siska Elasta Putri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 1 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i1.8345

Abstract

This study examines the background of children's involvement in the implementation of the babalian tradition before walimatul 'ursy in marriage from the perspective of Islamic law. From these problems, the question arises what is the background to the involvement of children in the babalian tradition before walimatul 'ursy in marriage. This study is based on field research. The data were obtained through interviews and then the data were narrated descriptively. The results achieved are to find out the background of the child's involvement in the babalian tradition, namely 1) the child is a symbol of descent and is also a basarayo tampek (person who will be ordered around), because ideally, the person who will be ordered is smaller than the person who ordered. 2) In addition, this tradition does not violate the Shari'a, because even though it is carried out at night, children are free to follow this series of traditions or choose to rest. This child also gets supervision from parents and adults. So it can be said that this tradition is 'urf authentic because it does not conflict with Islamic law and there is no harm to the child
SINKRONISASI KEARIFAN LOKAL TERHADAP PERNIKAHAN (Studi Kasus di Nagari Gunuang Rajo Kecamatan Batipuh) Muhammad Iqbal; Yustiloviani Yustiloviani
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 1 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i1.8346

Abstract

This study examines the rules for having to confess Mamak for marriage by the people of Nagari Gunuang Rajo, Batipuh District for immigrants, the problem is the process of confessing Mamak for couples who are about to get married in Nagari Gunuang Rajo, Batipuh District, is stated in the data on the Nagari Adat Density Rule (KAN) Gunuang Rajo, CHAPTER IV article 3 of 2003 concerning the procedures for higgok mancakam tabang basitumpu or malakok ka Pangulu which reads: paying half gold for KAN administration, paying a quarter of gold for the graceful handed over to the pangalu present at the handover of both parties, paying a quarter of gold for the contents of jujuangan bundo kanduang, from this problem the question arises as to what extent the function of a marriage is for the Gunuang Rajo people, for couples who are about to get married cannot have a wedding in Nagari Gunuang Rajo if they have not confessed that they are Mamak. However, Islamic law does not regulate this. After the data was collected using research methods that were directly carried out in the field and analyzed inductively the results of the research resulted that according to Islamic law it is not an act that prevents people from getting married. However, the purpose of this rule is to regulate that the children of the mMamakwho are in Nagari Gunuang Rajo really understand the customary rules that lead to happiness in marriage so that the implementation of confessing mamak before marriage in Nagari Gunuang Rajo is reviewed by Islamic law, including the category of al- adha sahih or al-urf shahih.
HARMONISASI NILAI TUKAR MENUKAR PUPUK KANDANG DENGAN ALAT PERTERNAKAN DI NAGARI KOTO BARU SUNGAI TARAB DALAM PERPEKTIF FIQH MUAMALAH Sri Wahyuni; Sri Yunarti
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 1 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i1.8347

Abstract

The subject of the study is the Exchange Rate of Manure Exchange for Livestock Equipment in Nagari Koto Baru Sungai Tarab from the Fiqh Muamalah Perspective. The purpose of this study is to identify and analyze the motives for the exchange of manure and livestock equipment in Nagari Koto Baru Sungai Tarab, as well as to determine people's perceptions related to the status of manure, to determine the value of the benefits of exchanging manure with livestock equipment in Nagari Koto Baru Sungai Tarab in the perspective of fiqh muamalah. The research used was field research which was descriptive and qualitative in nature. Data collection techniques were observation, interviews, and documentation. Data validity assurance technique with source triangulation. This study found results, first in terms of the motive for the implementation of the exchange of manure with livestock equipment in Nagari Koto Baru Sungai Tarab triggered by the farmer's need for manure for agriculture to support crop yields, thus encouraging farmers to obtain manure from livestock by exchanging the manure. with livestock. This exchange activity does not have a clear contract and there is no agreement regarding the amount and object of goods exchanged. Second, from the public's perception of manure, manure is an important requirement that is beneficial for agricultural land. The community has never traded manure because it is considered unclean to be traded. Third, in terms of the value of the exchange benefits of exchanging manure for livestock equipment, this is in accordance with Allah's commands in surah Al-Maidah verse 2 and An-Nisa verse 29 and on the muamalah principle regarding muamalah transactions that must be based on willingness, helping each other, and not eating up wealth. each other in a bad way.
KEDUDUKAN PERATURAN NAGARI DALAM PERSPEKTIF HUKUM TATA NEGARA (Studi Pembentukan Peraturan Nagari di Manggilang) Maizi Fahdela Agustin
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 1 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i1.8313

Abstract

A written regulation is needed in a Nagari to guide the leader of Nagari that is called by Wali Nagari to run his government. However, these days, in Nagari the regulation used is the unwritten regulation that only shared among the community. This study aims to encourage to form the Nagari Regulation especially for Nagari Manggilang. This study was carried out in a normative-empirical manner by conducting interviews and observations. The data found will be strengthened by various government regulations to obtain a more scientific study. From the findings during the research, the authors found that the Nagari Regulations are still recognized and have binding legal force even though they are not stated in detail on the types of hierarchy of laws and regulations in Indonesia. Meanwhile, the process of forming Nagari Regulations in Nagari Manggilang includes the pre-implementation, implementation, and post implementation. In the pre-implementation stage, it was found that the authority of the KAN institution was not fully fulfilled so that it was not in accordance with the mandate of the Regional Regulation of West Sumatra Province Number 7 of 2018 concerning Nagari. Therefore, there should be special regulations related to the institutions authorized to form Nagari regulations in Nagari Manggilang.
KONTROVERSI PERSYARATAN PENDIDIKAN CALON ANGGOTA LEGISLATIF PADA PASAL 240 UNDANG-UNDANG NOMOR 7 TAHUN 2017 PRESPEKTIF FIQIH SIYASAH DUSTURIYYAH Ulfa Astin; Saadatul Maghfira; Zainuddin Zainuddin; Khairina Khairina
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 2 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i2.8350

Abstract

This study examines the Educational Requirements for Legislative Member Candidates in Law Number 7 of 2017 from Fiqh Siyasah Dusturiyah Perspective. From this problem, the question arises: How is the conversion that has occurred to the educational requirements for legislative candidates according to Law Number 7 of 2017, and whether legislative candidates with high school graduates said to be experts to become people's representatives? The type of research used is library research using qualitative research methods, with descriptive analysis. The requirements for high school graduate legislative candidates in article 240 letter (e) of Law Number 7 of 2017 concerning Elections, that from members of the public, political observers, to legislative members themselves, there are pros and cons with the education requirements of legislative candidates who only graduate from high school which can be said to be not yet an expert or knowledgeable with limited education and the age of 21 is classified as a very young age and minimal experience
ANALISIS YURIDIS PERATURAN DAERAH TENTANG BANTUAN HUKUM DI KABUPATEN TANAH DATAR PERSPEKTIF SIYASAH DUSTURIYAH Winna Dwi Setya; Farida Arianti; Bustamin Bustamin
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 2 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i2.8352

Abstract

The main issues in this thesis are Juridical Analysis of the importance of forming Regional Regulations regarding the provision of Legal Aid to the Poor in Tanah Datar District and Siyasah Dusturriyah's Analysis of the importance of forming Regional Regulations related to Legal Aid to the Poor in Tanah Datar District? The type of research used was field research with a qualitative approach conducted at the Tanah Datar District Office of Social Affairs, the Office of the Legal Aid Institute (LBH) Fiat Justitia Batusangkar, while the technique for collecting data was direct interviews, with Mr AZ (head of the Tanah Datar Social), Mr. YA (head of LBH Fiat Justitia Batusangkar), and Mrs. AH, (Young Expert Legal Analyst for the Tanah Datar District Government), and documentation studies, through library literature such as books, scientific papers, journals, documents, laws, and others. The results of the author's research show that in Tanah Datar there are still very many people who are classified as poor and some of them are caught in legal cases, but not all of the poor who are caught in these legal cases get legal assistance from the government, Constraints in providing legal aid this is an unclear regulation and the lack of budget from local government for organizing legal aid for the poor, this is because Regional Regulation No. 1 of 2021 concerning the Implementation of Social Welfare has not been realized. The type of research used was field research with a qualitative approach conducted at the Tanah Datar District Office of Social Services, the Office of the Legal Aid Institute (LBH) Fiat Justitia Batusangkar, while the technique for collecting data was direct interviews, with Mr. AZ (head of the Tanah Datar Social), Mr. YA (leader of LBH Fiat Justitia Batusangkar), and Mrs. AH, (Young Expert Legal Analyst for the Regional Government of Tanah Datar Regency)
HARMONISASI SYARIAT ISLAM DI JORONG KOTO TUO DALAM PELAKSANAAN BIMBINGAN PRA-NIKAH YANG BERBASIS ADAT Rizka Novita; Irma Suryani; Emrizal Emrizal; Amri Effendi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 2 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i2.8354

Abstract

This study examines the rules of pre-marital guidance in Jorong Koto Tuo Nagari Salimpaung in terms of Maslahah Mursalah. This study uses field research.                                                                        The problem is that there are rules issued by niniak mamak in jorong koto tuo which require their children to attend pre-marital guidance at the surau before registering their marriage with the KUA so that there are two pre-marital guidances. -Marriage for children and how is Maslaha Murslah's review of pre-marital guidance for children. This research is field research, the data were obtained through interviews, observation, and documentation, after the data was collected it was processed by reducing the data by focusing on the important things, then narrated descriptively and analyzed inductively. This study found that pre-marital guidance for children in Jorong Koto Tuo was carried out by providing customary provisions for the bride and groom, how to live in the community, and equipping them with religious knowledge as provisions for married life. Pre-marital guidance has a positive impact in the form of additional knowledge as a provision for participating in pre-marital counseling at KUA, helping KUA in forming a sakinah mawaddah warahmah family, easily adapting to the customs that exist in Jorong Koto Tuo, in addition to that, children who are men will be more appreciated by niniak mamak from the wife's family. In addition, there is a negative impact from pre-marital counseling in terms of the time span between the pre-marital counseling held by niniak mamak and marriage registration at the KUA. In terms of costs, the children who have to spend more on transportation costs to attend two pre-marital counseling sessions. Pre-marital guidance in the perspective of Islamic law is permissible because this pre-marital guidance contains benefits because the children receive mature provisions as provisions in household life. legally, the maslahah mursalah is greater than the harm, so this does not conflict with the maslahah mursalah.
PANDANGAN SIYASAH DUSTURIYYAH TERHADAP TUPOKSI BADAN PERMUSYAWARATAN RAKYAT NAGARI DALAM MENYUSUN PERATURAN NAGARI Roma Ramadhani; Dian Pertiwi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 2 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i2.8341

Abstract

The main problems in this thesis are, How is the main function of the Nagari People's Consultative Body implemented in drafting Nagari regulations, and how is Siyasah Dusturiyyah's view of the implementation of the main duties and functions of the Nagari People's Consultative Body in drafting Nagari regulations. The purpose of this thesis is to find out and explain the implementation of the main functions of the Nagari People's Consultative Body in drafting Nagari regulations, and to find out and explain Siyasah Dusturiyyah's views on the main tasks and functions of the Nagari People's Consultative Body in drafting Nagari regulations
KONTROVERSI PENUNDAAN PEMILIHAN KEPALA NEGARA PERSPEKTIF FIQH SIYASAH (Studi Kasus Negara Nigeria dan Somalia) Roza Nofitra Sari; Nofialdi Nofialdi; Muhammad Hizbi Islami
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 2 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i2.8349

Abstract

This study examines the postponement of the election of the head of state from the perspective of siyasa fiqh (Case study of Nigeria and Somalia). The problem is the postponement of the election of the head of state (a case study of Nigeria and Somalia). This is different in siyasa fiqh, where in siyasa fiqh there is no stipulation on whether it is permissible to postpone the election of a head of state. From these problems, the question arises of how to postpone the election of heads of state in Nigeria and Somalia and what is the view of fiqh siyasa on postponing the elections of heads of state in Nigeria and Somalia. This research is library research. The material is obtained through books in the library, after the material is collected it is processed by searching and systematically compiling the material obtained and analyzed using the fiqh siyasa perspective. This research found that the postponement of the election of heads of state in Nigeria and Somalia was caused by problems of national defense (the Boko Haram rebellion) and the Covid-19 pandemic which spread throughout the world. Postponement of the election of the head of state has never occurred in the Al-Qur'an and As-Sunnah, as well as the system of government, and in siyasa fiqh there is also no provision for whether or not a postponement of the election of a head of state is permissible. However, in practice this has happened in the Muslim countries of Nigeria and Somalia due to the results of the ijtihad of these countries. So that the postponement of the election of the head of state is legally permissible because the results of state ijtihad make it possible because the country is in a state of emergency. So that in siyasa fiqh it is possible to postpone the election of the head of state

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