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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 58 Documents
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ANALYSIS OF SIYASAH DUSTURIAH ON THE FORMATION OF NAGARI REGULATIONS: A STUDY IN NAGARI PAGARUYUNG Dola Dinia Putri; Dian Pertiwi; Alfi Husni
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12212

Abstract

The main problem in this article is the authority of the Wali Nagari in establishing Nagari Regulations in Nagari Pagaruyung based on Tanah Datar Regent Regulation Number 10 of 2021 concerning Technical Guidelines for Nagari Regulations and the inhibiting factors for the Wali Nagari in carrying out the function of establishing Nagari Regulations in Nagari Pagaruyung. The aim of this research is to explain, analyze, and determine the authority of the Nagari Wali in establishing Nagari Regulations as well as the factors inhibiting the Wali Nagari in carrying out the function of establishing regulations in Nagari Pagaruyung. The type of research that the author uses is empirical juridical research, which was carried out in Nagari Pagaruyung. From the research conducted by the author, it can be concluded that the Nagari Pagaruyung Government has not fully implemented the articles explaining the mechanism for forming Nagari Regulations and lacks coordination with the authorized institutions in forming Nagari Regulations. Additionally, the efficiency of the time used and the low level of apparatus resources are also issues. The Nagari Government's understanding of the mechanism for establishing Nagari Regulations, and the absence of experts or researchers who can provide education, is an inhibiting factor for the Nagari Guardians in carrying out their function in establishing regulations in Nagari Pagaruyung.
DIGITAL INCLUSION OF WOMEN IN ONLINE BUYING AND SELLING PRACTICES Rika Oktavia; Elsy Renie
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12116

Abstract

This research examines the digital inclusion of women in online buying and selling practices, analyzing their role as consumers and the impact on economic inclusion. The study employs qualitative research methods (Library Research). The findings indicate that women's participation as consumers in online commerce plays a crucial role in maintaining economic balance and sustainability, particularly by enhancing time efficiency, enabling women to manage household responsibilities effectively. According to the perspective of muamalah fiqh, women's engagement in online buying and selling is permissible under specific conditions. However, it prohibits excessive and wasteful consumption patterns, categorized as al-israf behavior.
AGREEMENT IN THE DIVISION OF INHERITANCE ASSETS: PERSPECTIVES FROM MAQASID SHARIAH AND THE COMPILATION OF ISLAMIC LAW Syamsul Bahri; eficandra eficandra; Yengki Hirawan
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12084

Abstract

The Qur'an's Surah an-Nisa verses 11, 12, and 176, along with the hadith of Prophet Muhammad, establish the inheritance system and the share of each heir in Islam. However, in practice, many people simply agree on a division of inheritance. The reconciliation in question is mentioned in item 183 of the Compilation of Islamic Law. Therefore, this essay addresses peace in inheritance distribution from the perspective of Maqasid Sharia and its application based on KHI. Descriptive qualitative content analysis is employed in this study. The Saussure model is mentioned as the data analysis method. The analysis of relevant research materials, classification of information, interpretation of data, and verification of findings are the steps involved in analyzing research data. A credibility test is used to authenticate the data, primarily by encouraging researchers to spend more time examining crucial details from the source materials. According to the study's findings, Maqasid Sharia's emphasis on preserving the well-being of heirs is closely related to harmony in inheritance distribution. 'Takharuj', or harmony in inheritance distribution, refers to heirs' willingness to waive their rights as stipulated in the will. This willingness may occur with predetermined compensation or without any compensation at all. When peace is achieved, it occurs once each heir is fully aware of their rights under the terms of the will
RESPONSE OF IAIN KERINCI STUDENTS (FACULTY OF SHARIA) REGARDING THE DISTRIBUTION OF INHERITANCE ACCORDING TO ISLAMIC LAW Alzaki Epriandi Alzaki; Mursal mursal
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12142

Abstract

The aim of the research is to obtain an overview of inheritance distribution in Islamic law and customary law, as well as to understand the students' responses regarding the application of Islamic law and customary law in the distribution of inheritance. The research method used in this study is a descriptive quantitative approach, also known as empirical research. This research focuses on the correlation between the factors being studied and uses data obtained from surveys or the assistance of Google Forms with quota sampling or random sampling methods. The number of respondents involved in this research is 54 respondents with 13 questions. The results of the study indicate that most respondents have sufficient knowledge about the law of inheritance distribution in Islam, but there are also some respondents who are neutral or disagree. Regarding the understanding of the content of inheritance distribution law in Islam, most respondents agree that the law aligns with the principle of justice. However, there are also some respondents who are neutral or disagree with this statement. The research method used in this study is a descriptive quantitative approach or empirical research with survey data or the assistance of Google Forms with quota sampling or random sampling methods.
INTERCONNECTION OF CONTRACTS: A STUDY ON THE SALE AND MAINTENANCE OF SACRIFICIAL COWS IN NAGARI SUMANI, SOLOK REGENCY (CASE STUDY OF MAK UJANG'S SACRIFICIAL COW MARKET) Muhammad Latif Taftazani; Zainuddin Zainuddin
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12117

Abstract

The aim of this research is to determine the form of buying and selling (bai), the form of ijarah, and the form of wadiah that occurs in the practice of buying and selling and caring for sacrificial cows carried out by the sacrificial cow seller "Mak Ujang," whose address is at Jorong Simpang AA, Nagari Sumani, X Koto Singkarak District, Solok Regency. The main problem in this research is why the seller is burdened with the obligation to care for the sacrificial cow after the sale and purchase until the time of slaughter. It also explores whether there are other contracts, such as ijarah and wadi'ah, accompanying the sale and purchase agreement (bai contract) in this case, and if so, whether it is justified to interconnect (combine three transactions simultaneously) in one contract. This research is field research with a qualitative approach. Data was collected using interview and documentation techniques. As a result of the research that has been carried out, the researchers found: 1) The form of buying and selling (bai) between the seller of the sacrificial cow, "Mak Ujang," and buyers who come from mosque/mushalla sacrificial committees and private community groups. 2) The form of wadi'ah (custody) of the sacrificial cow after the sale and purchase at the "Mak Ujang" sacrificial cow business until the day the sacrificial animal is slaughtered. 3) The form of ijarah in the transaction of caring for sacrificial cows after the sale and purchase at the "Mak Ujang" sacrificial cow business. From the discussion of the research findings, the researcher concluded that the interconnection of muamalah contracts in one transaction for buying and selling and caring for sacrificial cows—namely ba'i, ijarah, and wadi'ah—does not conflict with or violate Shari'a rules and is included in the 'uruf shahih' category. Therefore, it is justified according to the perspective of Islamic law.
LEGAL CERTAINTY IN EXPRESSING OPINIONS IN PUBLIC DURING THE INDUSTRIAL REVOLUTION ERA ACCORDING TO POSITIVE LAW IN INDONESIA AND SIYASAH DUSTURIYAH Bambang Nurdiansyah; Sulastri Caniago; Wardatun Nabilah
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12380

Abstract

This research aims to identify and explain the forms of restrictions on freedom of expression on social media and the forms of legal certainty regarding freedom of expression according to positive law and siyasah dusturiyah. In recent years, there have been efforts to narrow the space for expressing opinions, especially through social media. Often, people who express their opinions on social media receive unfavorable treatment after expressing their views. The type of research in this thesis is normative legal research with a statute approach and case approach. The primary data sources in this research are the Quran and Sunnah, as well as laws related to the right to freedom of expression in Indonesia. The data collection technique used in this research involves library research by searching for books, articles, journals, and websites. The data analysis technique in this research is descriptive. The research results show that, first, the forms of restrictions on freedom of expression on social media can be categorized into two forms: indirect and direct. Indirectly, through ambiguous articles in the Electronic Information and Transactions Law (UU ITE) and articles related to insulting the president and the government. Directly, through digital attacks, persecution, terror and intimidation, and criminal reporting or criminalization. Second, the forms of legal certainty in positive law were found to be in three forms: legal certainty guarantees through individual or group rights, legal certainty guarantees through the government's obligation to protect individuals who use their right to freedom of expression, and legal certainty in the form of sanctions against those who attempt to hinder others' freedom of expression. Third, from the perspective of siyasah dusturiyah, there is also legal certainty for freedom of expression through the right to express opinions and the obligation of rulers to protect those who express their views. Based on the research results, it was found that restrictions on freedom of expression have occurred, which will ultimately lead to authoritarian governance. This occurs due to the suboptimal performance of the government, making it averse to criticism and resorting to restricting freedom of expression.However, it prohibits excessive and wasteful consumption patterns, categorized as al-israf behavior.
THE ISSUES OF FINANCIAL SUPPORT FOR LEGALLY WEDDED WIVES IN UNREGISTERED POLYGAMOUS MARRIAGES ACCORDING TO ISLAMIC FAMILY LAW PERSPECTIVE IN (NAGARI BATU BALANG, HARAU DISTRICT, LIMA PULUH KOTA REGENCY) betni zahara; Yustiloviani Yustiloviani
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 1 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i1.12638

Abstract

This study aims to analyze the problematic maintenance of legal wives who are polygamous according to the perspective of Islamic family law in Nagari Batu Balang, Kecamatan Harau, Kabupaten Lima Puluh Kota. This research was a field research with a qualitative descriptive approach method. Data collection techniques were conducted through interviews and documentation. The data sources used included primary data sources of 5 husbands who commit siri polygamy, 5 legitimate wives of siri polygamists, 3 siri wives of siri polygamists, and Ninik Mamak. Secondary data sources included books and journals related to the problematic maintenance of legitimate wives who were polygamous. Data analysis was conducted through data collection, data reduction, data presentation, and conclusion drawing and data verification. Data validity assurance techniques used source triangulation. The results showed that the problematic maintenance of legal wives who are polygamous in Nagari Batu Balang, Kecamatan Harau, Kabupaten Lima Puluh Kota, found that husbands prioritize maintenance to siri wives compared to legal wives, such as spending money that was not sufficient for daily needs and husbands were unfair in their turn to spend the night with their legal wives, focusing more on their siri wives. One of the factors that causes husbands to prioritize giving maintenance to siri wives is that husbands had daughters from their siri wives. Judging from the review of Islamic family law, the problematic maintenance of legal wives who were polygamous siri in Nagari Batu Balang was not in accordance with the rules of polygamy in Islam.
TINDAKAN WANPRESTASI PEMBERIAN UPAH TERHADAP PEKERJA BANGUNAN (Studi Kasus di Jor. Aliran Sungai Nag. Taluk Kec. Lintau Buo Kab. Tanah Datar) Resque Ilham Maulana; Elimartati Elimartati
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 2 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i2.11208

Abstract

From the results of the study it was found that the implementation of the contract/agreement used in Jorong Sungai Nagari Taluk, Lintau Buo was a contract agreement carried out by the shop owner with the chief craftsman using a wholesale system (shirkah abdan) which was explained directly or verbally without the others. Between the chief mason and workers also uses a wholesale system (shirkah abdan) which is explained verbally/spokenly, but wages for construction workers are calculated daily as the custom for construction workers in Lintau Buo. In the contract/agreement that is carried out there is an agreement to give bonus wages if the work is completed before the due date where the number of working hours per day is not set because the workers try to get the job done quickly in the hope of getting a bonus. But in reality the bonus has not been clear until now. So that in giving wages there is an act of breaking promises or defaults on construction workers. Where construction workers feel disadvantaged because each member does not receive a wage bonus. Breach of promise in a contract is regulated in the Compilation of Sharia Economic Law article 36.
TINJAUAN FIKIH MUAMALAH TERHADAP PEMANFAATAN PASIR DI JORONG SUNGAI EMAS NAGARI SARUASO KECAMATAN TANJUNG EMAS KABUPATEN TANAH DATAR Riski Hidayat; Afrian Raus
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 2 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i2.11209

Abstract

The point in this issue is that there are several contracts that occur in the use of sand and how the fiqh muamalah views regarding the contracts that are made in the use of sand. The purpose of this research is to find out and explain the contracts used in the use of sand in Jorong Sungai Emas Nagari Saruaso, Tanjung Emas District, Tanah Datar Regency, and to find out and explain the muamalah fiqh review of the use of sand in Jorong Sungai Emas Nagari Saruaso, Tanjung Emas District, Tanah Datar Regency. The type of research that the authors use is a type of field research (field research) which is descriptive qualitative. Primary data sources consist of managers, land owners, sand buyers and workers, while secondary sources are through books and other reading sources that have something to do with the title of the researcher who can provide additional information or data that strengthens the primary data. Data collection techniques used in this study were interviews and documentation. Data validity assurance techniques with source triangulation. The results of the study illustrate that in the implementation of the use of sand in Jorong Sungai Emas Nagari Saruaso, Tanjung Emas District, Tanah Datar Regency, namely; First, the forms of contracts that occur in sand utilization activities are syirkah mudharabah or profit sharing contracts, namely profit sharing contracts between investors and managers, then leasing contracts, namely contracts between managers and landowners in the form of island money and sale and purchase agreements, namely contracts made between the purchaser and the manager.Second, the use of sand in Jorong Sungai Emas Nagari Saruaso, Tanjung Emas District, Tanah Datar Regency, in terms of Fiqh Muamalah, it was found that the sale and purchase agreement between the manager and the buyer did not meet the legal requirements of the sale and purchase, namely that the object must be owned by himself, while the measure made by the craftsman loading or workers do not have a standard measure sometimes the sand is loaded in excess of the measure and sometimes less than the measure then the contract being made becomes invalid to do.
ANALISIS PERDAGANGAN INTERNASIONAL MELALUI MODEL POLITIK HECKSCHER-OHLIN TERHADAP KEPENTINGAN EKONOMI NASIONAL PESPEKTIF HUKUM EKONOMI ISLAM Fadli Daud Abdullah; Chaerul Saleh; Fauzan Ali Rasyid; Doli Witro
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 2 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i2.11483

Abstract

This research analyzes international trade through the Heckscher-Ohlin political model towards national economic interests from an Islamic economic law perspective. This research uses qualitative methods with a text analysis approach. The data used is secondary, regarding the relationship between international trade, economic policy and national economic welfare. The research results show that the Heckscher-Ohlin (HO) theory is the main basis for studying the economics of international trade. This theory emphasizes differences in the scarcity of production factors between countries as the main factor influencing trade patterns. The main production factors in this theory are labor and capital. This difference in the scarcity of production factors encourages specialization in production, which helps increase the efficiency of resource allocation. Comparative advantage is basic in HO theory, where countries focus on producing goods they are able to produce at lower costs. This analysis also carries the HO Theory with Islamic economic law, which emphasizes the fairness of wealth distribution, business ethics, integrity, social welfare, balance and social justice, as well as individual moral responsibility in international trade. By combining these two approaches, international trade can provide sustainable economic and social benefits and is in accordance with Islamic ethical values.

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