Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Jurnal Al-Maqasid ini merupakan jurnal ilmu kesyariahan dan keperdataan. Jurnal Al-Maqasid: Jurnal Ilmu Kesyariahan dan Keperdataan diterbitkan dua kali setahun yang memuat 10 artikel dalam setiap edisi., Al-Maqasid Journal: Journal of Sciences and Civilization Journal is a journal that aims to become a leading peer-reviewed platform and authoritative source of information. We publish original research articles, review articles, and case studies that focus on the study of literature and civilization. Articles sent have never been published elsewhere in any language nor are they being reviewed for publication anywhere. The following statement describes the ethical behavior of all parties involved in the act of publishing articles in this journal, including writers, editors, reviewers, and publishers (Faculty of Sharia and Padangsidimpuan IAIN Law Sciences). Jurnal Al-Maqasid : Jurnal Jurnal Ilmu Kesyariahan dan Keperdataan adalah jurnal yang bertujuan untuk menjadi platform peer-review terkemuka dan sumber informasi yang otoritatif. Kami menerbitkan artikel penelitian asli, artikel ulasan, dan studi kasus yang berfokus pada kajian kesyariahan dan keperdataan. Artikel yang dikirim belum pernah dipublikasikan di tempat lain dalam bahasa apa pun juga tidak sedang ditinjau untuk publikasi di mana saja. Pernyataan berikut ini menjelaskan perilaku etis dari semua pihak yang terlibat dalam tindakan menerbitkan artikel dalam jurnal ini, termasuk penulis, editor, pengulas, dan penerbit (Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan.
Articles
10 Documents
Search results for
, issue
"Vol 10, No 1 (2024)"
:
10 Documents
clear
<![CDATA[PANDANGAN MASYARAKAT TERHADAP PELAKSANAAN PROGRAM KELUARGA BERENCANA (KB) DALAM MEWUJUDKAN KELUARGA SAKINAH DI KECAMATAN LEMBOR SELATAN ]]>
<![CDATA[Nawang Sari, Rahma Pramudya]]>;
<![CDATA[Rosalina Naitboho, Yanti]]>;
<![CDATA[Hariyati, Hikmah]]>;
<![CDATA[M. Sali, Jakaria]]>;
<![CDATA[Idris. PS, Syarif]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.10998
<![CDATA[Awareness of the importance of creating a sakinah family is the ideal that every married couple hopes for. There are a lot of efforts that must be made by all families to make this happen. The Ministry of Religion, through the Advisory Body for the Development and Preservation of Marriage (BP4) tries to provide an idea regarding efforts to form a sakinah family, namely by providing four main efforts that must be made. One of them is the implementation of the family planning (KB) program. The method used is a qualitative descriptive method with interview data collection techniques and documentation. Based on the conclusions in this research, the implementation of family planning in Golojong village, Nangalili Village, South Lembor District, West Manggarai Regency, is largely possible to create a sakinah family. Because they can maintain birth spacing, have an adequate economy, can save money, and married couples understand and love each other and always carry out the obligations commanded by Allah SWT. So that the family is more harmonious, safe, peaceful and peaceful in the family.]]>
<![CDATA[SISTEM PEMBAGIAN WARISAN BAGI RATA: UPAYA MENGHINDARI PERSELISIHAN ANTAR KELUARGA DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT ]]>
<![CDATA[Aziz Siregar, Fatahuddin]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.9705
<![CDATA[This study aims to examine the system of equal distribution in the distribution of inheritance applied by the community to avoid disputes between families, with a focus on customary law and Islamic law. This study uses a qualitative approach to deeply understand the practice of inheritance distribution in society, as well as how customary law and Islamic law are applied in this context. The location of the study is the Muslim community of Aek Marian. The subjects of the study include the head of the family or family members who have been involved in the inheritance distribution process. Data is collected through various techniques to ensure the richness of information and accuracy of research results. The result was the division of inheritance implemented in Aek Marian with a 'equal share' system. There is no distinction between male and female heirs. Boys should get twice the share of girls (An-Nisa: 11). Meanwhile, Article 176 of the KHI explains that boys get twice the share of girls. The equal distribution of inheritance from the perspective of Islamic Law and KHI is not in accordance with the principles set forth in the Qur'an and Hadith. Although this practice occurs due to the influence of customs or family agreements. It is important to consider the legal and social impacts and find solutions that are in line with the sharia to ensure justice and compliance with Islamic law. The distribution of inheritance in equal distribution is not in accordance with the provisions of Faraid and KHI, which has legal impacts and implications in the future.]]>
<![CDATA[DINAMIKA HUKUMAN RAJAM DI BEBERAPA NEGARA MUSLIM MODERN DAN RELEVANSI PENERAPAN DI INDONESIA ]]>
<![CDATA[Ilhami, Hanif A'la]]>;
<![CDATA[Efendi, Zul]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.10857
<![CDATA[This research aims to examine the implementation of stoning punishment in several Muslim countries and investigate the relevance of stoning punishment for implementation in Indonesia. This study is a qualitative research with a literature review approach by collecting books, articles, and legal documents related to the implementation of stoning punishment in modern countries. The research findings indicate that stoning punishment has been legislated in the laws of Brunei Darussalam. While Malaysia and Indonesia are still engaged in academic discourse and debates, Saudi Arabia and Iran, which initially acknowledged the existence of stoning punishment in their judiciary, are slowly abandoning it. Two factors reducing the enforcement of stoning punishment are identified. First, the increasing strength of discourse opposing the death penalty and even opposing the criminalization of adultery itself as it is considered a private matter. Second, the growing dominance of Western countries over the economy of Muslim countries resulting in their limited autonomy in determining their own laws. As for stoning punishment, from various approaches, it is relevant to be implemented in Indonesia because it can resolve various state budget issues and provide a more deterrent effect. Furthermore, stoning punishment is not exclusively Islamic law but also recognized in Judaism and Christianity, making it suitable for many religions in Indonesia.]]>
<![CDATA[TINJAUAN HUKUM ISLAM TERHADAP PENYALURAN ZAKAT MELALUI LEMBAGA AMIL DI INDONESIA ]]>
<![CDATA[Khairani Harahap, Sarah]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.11033
<![CDATA[This article examines the analysis of zakat distribution through amil zakat institutions in Indonesia from the perspective of Islamic law. The phenomenon that occurs is that communities prefer to distribute zakat directly to mustahik, this is influenced by several factors such as religiosity where individuals feel more inner satisfaction if they meet directly with mustahik. This phenomenon needs to be studied how Islamic law views the correct distribution and management of zakat according to sharia. The research purpose is to provide knowledge for readers regarding the law of distributing zakat through amil institutions. This article uses literature research. The data used consists of primary data, namely books that discuss zakat. Second, secondary data in the form of law books and laws. Third, relevant journals. Data collection techniques by analyzing all data then draw conclusions. The result of this research is that zakat must be channeled through an institution so that it can be managed properly. The explicit command of zakat management can be found in verse 103 of Surah at-Taubah. The explanation of Qurtubi's interpretation shows the obligation of zakat to be managed by people who are trusted for it, which in Qurtubi's term is referred to as intermediaries. the need for zakat managers who work to ensure that zakat is received correctly, and especially distributed correctly to the rightful people. The Hadith narrated by Bukhari also emphasizes the importance of zakat management. The word tu'hdzu in the hadith requires zakat to be managed by appointed officials, not paid directly to individuals. So it can be concluded that the distribution of zakat through an amil institution is very mandatory so that zakat management can be managed properly and right on target and in accordance with the objectives of the implementation of zakat.]]>
<![CDATA[PERAN GANDA ISTRI DALAM MENSEJAHTERAKAN KELUARGA DALAM PERSPEKTIF FEMINISME AMINA WADUD ]]>
<![CDATA[nijar, Ahmat]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.9707
<![CDATA[This study examines the dual role of wives in family welfare. Many wives are found who play a dual role in building a family in the city of Padangsidimpuan, so it is interesting to be investigated in depth. This research is included in juridical-normative legal research. The data collection method used was interviews with women who played a dual role in building family welfare. The result of this study is that the dual role of wives in building family welfare because the husband's income is not sufficient for household needs, the husband wanders, and cannot work because of illness. Ideally, all actions taken by the wife to meet the needs of the family. Meanwhile, Article 80 Paragraph 4 Letter (c) of the IHL emphasizes that the husband is the family, so that it becomes a central position in determining the progress or decline of the household. In the perspective of Islamic Family Law, balance and cooperation between husband and wife in all aspects of family life. This includes the division of tasks, decision-making, and conflict resolution, with the aim of creating a harmonious and prosperous family environment. Meanwhile, according to Amina Wadud's gender theory, the wife has a dual role in family welfare, namely first, as a life partner, the wife is responsible for supporting the husband and maintaining the integrity of the family. Secondly, as an individual who has her own rights, the wife also has the responsibility to ensure that her needs and aspirations are also met.]]>
<![CDATA[PERLINDUNGAN HUKUM PEMANFAATAN SYSTEM ARTIFICIAL INTELLIGENCE BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 ]]>
<![CDATA[Batubara, Yenni]]>;
<![CDATA[Ismail, Husni]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.11166
<![CDATA[Artificial Intelligence (AI) with its increasingly complex development currently seems to increase complications, especially when it comes to violations of the law, especially regarding copyright of works created by AI systems or. So that the clarity of the legal responsibility for problems or conflicts that then arise needs to be clarified in the eyes of the law. This study is a qualitative study with a normative legal approach, and the data analysis method used is qualitative juridical. The results of the study show that based on the laws and regulations in Indonesia, namely Law No. 28 of 2014 concerning Copyright and Law No. 12 of 2016 concerning Patents, it states that creators and copyright holders as well as inventors and patent holders are one or several people, meaning that those who have the right to hold copyright and patent rights are humans as legal subjects (persons or legal entities). Then because AI is a system, AI is not included in the legal subject but AI is a human-made product and functions as a tool to create a work. However, formulating clear and fair policies and regulations regarding civil rights and legal responsibility for the results of AI creations needs to be done by the government. Legal certainty in this case will encourage the development of responsible AI technology and provide adequate protection for all parties involved. Then AI is known as an electronic system and electronic agent that operates based on human commands. Therefore, if an unlawful act or action occurs, then the legal responsibility is borne by the creator and user of AI who gives the commands and parameters.]]>
<![CDATA[SENGKETA PEMBATALAN HIBAH DI PENGADILAN AGAMA STABAT DITINJAU DARI MASLAHAH ]]>
<![CDATA[Wahyuni, Wahyuni]]>;
<![CDATA[Fatmah, Fatmah]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.9807
<![CDATA[This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.]]>
<![CDATA[PEMBENTUKAN KAWASAN TANPA ROKOK: ANALISA TERHADAP HAK AZASI MANUSIA DAN EFEKTIVITAS PERATURAN DAERAH ]]>
<![CDATA[Rambe, Toguan]]>;
<![CDATA[Mayasari, Seva]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.11017
<![CDATA[This article wants to look in depth at Deli Serdang Regency's policy of establishing smoking-free areas. This policy is contained in Deli Serdang Regency Regulation No. 2 of 2021 concerning non-smoking areas. The urgency of establishing this regulation is to discipline the public so that they do not smoke in random places, for example in health facilities or offices. The problems that will be studied include the extent to which it is effective in curbing the smoking habit and how acceptable it is to society because quite a few people say that smoking behavior is part of their lifestyle. The form of research is field research or field research, namely authentic data collection activities directly to the research location to see the object to be studied. In data collection techniques, researchers use observation and interviews, both methods will be straightforward in terms of extracting information. The results of this research show that the implementation and implementation of the Deli Serdang district regulations still finds several problem points and challenges, these problem points include: (1). Socialization that is not continuous, (2). Disobedient community attitude, (3). Insufficient facilities, (4). Sanctions that are not burdensome. The Deli Serdang Regency Government has made enforcement efforts, both repressive and preventive, for the community. These activities include providing education regarding the dangers posed by cigarette smoke and most importantly for the smooth running of government services by not spreading cigarette smoke to others. Apart from that, the government has also carried out monitoring and evaluation of people who violate it. Even though the overall implementation of these regulations has not been optimal, this is due to the absence of sanctions that have a deterrent effect on anyone who violates the regulations, so each of them needs strengthening.]]>
<![CDATA[PERLINDUNGAN HUKUM MELALUI PRANATA SURAT TUMBAGA HOLING DALAM MASYARAKAT BATAK ANGKOLA ]]>
<![CDATA[Sormin, Ihwan]]>;
<![CDATA[Khairunnisa, Maulida]]>;
<![CDATA[Suciana Rambe, Dinda]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.9936
<![CDATA[This research analyses how the state protects the existence of surat tumbaga holing institutions as a costitutional right of the Angkola Batak community. This research is a normative legal research that is normative empirical in nature which is legal research to find legal rules in the principle of surat tumbaga holing in accordance with the principles of the Indonesian legal system. Primary data used are legal materials from the library and laws and regulations related to legal protection, social structure and local wisdom. To support this data, secondary data is added from the behaviour and values that live in the Angkola Batak community as a living legal norm. The theory used as an analysis knife in this research is Eugen Erlich's legal sociology, where Erlich sees positive law on the one hand and the law that lives in society on the other. Erlich sees that positive law will be effective if it is in line with and incorporates the values and laws that live in society. The results show that the tumbaga holing letter also has a role in resolving problems or criminal acts that occur, such as adultery, domestic violence, verbal insults, defamation or slander, as well as other criminal acts such as theft that can disrupt public welfare. In addition, the sanctions given as punishment to perpetrators involve actions such as being expelled from their customary community, paying a fine to the victim, apologising to the victim or their family in the presence of customary elders, as well as being obliged to cover all food costs incurred during the settlement of the crime. This reality is guaranteed by the state through Article 18 B paragraph (2) which ensures that the state protects, respects and recognises customary law communities and their traditional rights if they are still alive, in accordance with the principles of the Unitary State of the Republic of Indonesia and implemented through legislation. While juridically, it is determined that judges and constitutional judges as law enforcers are obliged to always follow the development of legal values and community justice in adjudicating and deciding cases before them as contained in the judicial power law.]]>
<![CDATA[SANKSI HUKUM TERHADAP PELAKU GAME ONLINE DITINJAU DARI HUKUM ISLAM DAN HUKUM NASIONAL ]]>
<![CDATA[Gunawan, Hendra]]>;
<![CDATA[Yanti, Sri Afrida]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v10i1.11098
<![CDATA[This paper aims to analyze legal sanctions for online game players, especially domino or scatter online games. Every act of gambling is prohibited by laws and regulations, as stipulated in Article 303 of the Criminal Code. The reasons for playing games are very diverse, some are to fill the void of time but can be haram (not allowed), if there is an element of betting (gambling). This research is a normative-juridical legal research, so to answer this question the author digs from literature and electronic media that discusses the intricacies of domino or scatter games, then analyzes from the point of view of Islamic law, about the elements why legal sanski does not run officially. The results of this study show that legal sanctions for online gambling players can be sentenced to imprisonment for 10 years (Article 30 of the Criminal Code). While Article 303 BIS regulates unlicensed gambling. "Any person who without permission holds or gives the opportunity to play gambling. A maximum prison sentence of 4 years or a maximum fine of Rp 10 million". Meanwhile, Law No. 7 of 1974 concerning the Regulation of Gambling affirms the prohibition of all forms of gambling and strengthens penalties for violations. Strengthen existing sanctions in the Criminal Code, including the possibility of additional penalties in accordance with the enforcement policy. While Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE) explains that Article 27 Paragraph (2) concerning the prohibition of distribution of electronic information containing gambling content. "Any person intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information that has gambling content. A maximum prison sentence of 6 years and/or a maximum fine of IDR 1 billion". While QS. Al-Baqarah Verse 219 and QS. Al-Maidah Verse 90 explains that the act of scatter type online games is strictly forbidden, because there are elements of ta'jir or maisir. It can be concluded that the legal sanctions made by the Government do not run according to the procedure, meaning that they have not had a deterrent impact on online gambling actors.]]>
