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Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Published by Institut Agama Islam Negeri Padangsidimpuan
ISSN : 24426644     EISSN : 25805142     DOI : https://doi.org/10.24952/almaqasid.v8i2
Core Subject : Religion, Humanities, Science, Education, Social,
Religion Humanities Library & Information Science Social Sciences Other
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
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Search results for , issue "Vol 3, No 2 (2017)" : 9 Documents clear
AZAS LEGALITAS DALAM HUKUM PIDANA ISLAM
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1467

Abstract

This study is started by a research about the importance of legality principle which is as a prior principle in Islamic civil law. The legality principle is stated by Paul Johan Anselm von Feurbach. At least the legality principle is locked in postulate “mullum dellictum nulla poena sine praevia lege poenali” that there is no criminal offense before the former criminal constitution. And actually Islamic law has adopted this principle formerly. It is proven by the legality principle printed implisitly in Al-qur’an or some hadits.
PERCERAIAN KARENA KETIDAKHARMONISAN RUMAH TANGGA YANG DIDASARI KAWIN PAKSA
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1561

Abstract

Based on this research, the results obtained that the case of divorce is called divorce on the basis of forced marriage in case Number 348 / Pdt.G / 2011 / PA.Psp is that the Petitioner sued the Respondent on the grounds that during the household life the Petitioner and Respondent had never living in harmony because of marriage between the Petitioner and the Respondent at the insistence or coercion of the Respondent's family. The Petitioner gave a statement to the Judge that the marriage of the Petitioner and the Respondent was not from the wishes of the Petitioner himself but rather from coercion or pressure from the Respondent's family, then the Petitioner also gave a witness to the judge to corroborate the Petitioner's statement that the Petitioner was indeed forced into marriage
IMAM SYAFI’I DAN PEMIKIRAN SINTESISNYA; STUDI ANALISIS PEMIKIRAN IMAM SYAFII DAN PENGARUHNYA TERHADAP PERKEMBANGAN DISKURSUS KEISLAMAN
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1468

Abstract

Imam Syafi'i schools including one of the founders of Islamic jurisprudence is very intelligent. No less than some of the treasures of Islamic scholarship controlled, ranging from classical fiqh thought, Kalam, politics (siyasa) Islam, study the Koran (Ulumul Qur'an), hadith. He left many works in various Islamic literature, his works about the prophetic narrations, and ar-Risalah which became the prototype book of philosophy of Islamic law (usulfiqh).Imam Syafi'i that ideas are very large, so the scholars classify him as a mujtahidmustaqil, the mujtahid who do not rely ijtihad to anyone. He is one mujtahid who has most followers throughout the history of Islam until today.The main basis of Imam Syafi'i foothold in setting madzhabnya is a balance between the synthesis and the establishment of a law based on the principles of textual (al-Qur'an and hadith) and the rules of the ratio (qiyas) .Sintesis generated by Imam Shafi'i was built based on some rules raw between the various theories of classical fiqh and its methodology to obtain a legal enactment. The aim is to find out which of those opinions that are closer to the truth and which are consistent with the objectives of sharia itself (maqashidshari'a).Imam Syafi’i, Thought synthesis
PERSEPSI MASYARAKAT DI KECAMATAN ANGKOLA BARAT TERHADAP PEMBAGIAN HARTA WARISAN BAGI ANAK PEREMPUAN DALAM ADAT TAPANULI SELATAN
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1565

Abstract

The problem in this study is how the implementation of the distribution of inheritance for girls and what are the causal factors of girls do not get a share of inheritance in the Angkola Barat sub-district in terms of applicable customary law. Based on the results of the above research, the results show that the distribution of inheritance for girls in the Angkola Barat sub-district according to customary law from the results of interviews and questionnaires to the community of Angkola Barat sub-district can be assessed that Angkola Barat Subdistrict has not implemented the distribution of inheritance for girls according to Islamic law, but still uses customary law. So with this the Angkola Barat community still uses customary law in terms of the distribution of inheritance and still excludes Islamic law because it is a hereditary habit. The law used in completing the inheritance is only still using customary law. This is due to the strong influence of culture and customs and the lack of public understanding of Islamic law.
EKSISTENSI URF DALAM KOMPILASI HUKUM ISLAM
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1469

Abstract

Islam is a religion that regards the society tradition and convention as the source of Islamic jurisprudential law with improvements and certain limitations. So that, it is very important for moslemsto know and carry out with devotion one of the methods of UshlFiqh to analyze deeply urf in society life which grow along with the current development.
OBJEK SEWA YANG DISEWA ULANG PEMILIK DI KELURAHAN SIHITANG KECAMATAN PADANGSIDIMPUAN TENGGARA KOTA PADANGSIDIMPUAN
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1569

Abstract

One form of muamalah that is often practiced in the community is renting or Ijarah. The essence of leasing is to sell benefits, namely the transfer of use rights (benefits) to an item and service for a certain period of time through the payment of rent / wages without being followed by the transfer of ownership of goods. The problem in this study is how the rent-leasing practice in Sihitang Sub-District, Southeast Padangsidimpuan Subdistrict, Padangsidimpuan City and how Islamic law views the object of rent that the owner leases in Sihitang Sub-District, Southeast Padangsidimpuan Subdistrict, Padangsidimpuan City. The purpose of this study is to know the practice of renting in Sihitang Sub-District, Southeast Padangsidimpuan Subdistrict, Padangsidimpuan City and to know the views of Islamic law on the object of rent which the owner leases in Sihitang Sub-District, Southeast Padangsidimpuan Subdistrict, Padangsidimpuan City.The conclusion in this study is the practice of leasing which is done by the community of Sihitang Lingkungan 1 and 2 villages that there is an object that has been leased by the owner to be rented to another person (second tenant) because of economic needs. Furthermore, the practice of renting with leasing objects that are rented by the owner by the community of Sihitang Lingkungan 1 and 2 is not in line with Islamic teachings. Because it seems detrimental to the tenant because he feels uncomfortable with the repetition of rents made by the owner of the boarding room, and the benefits of goods leased in the lease agreement must be enjoyed by the tenant, which is a commodity purchased with rent. In addition, these actions cause other people's rights takers without their permission and do not get compensation. Leases that are recommended in Islam must have the principle of fairness, honesty and truth, and mutual benefit.
TEORI EVOLUSI AGAMA ANALISIS KRITIS TERHADAP PEMIKIRAN INTELEKTUAL BARAT ZAMAN MODERN
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1470

Abstract

There are three arguments to construct the theory of evolution of religion, such as: argument of degrees of human mind (theological-pilosophical-scientific), argument of quantity-being of god (animisme-polytheisme-monotheisme and argument of dinamical culture (primitive, archaic, historic, first modern, dan modern). Based on these arguments modern western intellectuals concluded that the religion has linearly been growing up with the growth of thought and culture of human life.
TINJAUAN SOSIOLOGIS TENTANG PENTINGNYA AGAMA DALAM PERUBAHAN SOSIAL
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1472

Abstract

In fact, the phenomenon of social change illustrates and explains us that religion is one of the factors of social change itself. Religion became a basic format formation of the culture, how people live and thrive in the community. Religious teachings espoused, will characterize someone’s life in society, like or not, intentionally or unintentionally religious values had it could affect him in addressing the social changes occur. The question is whether religion that gives color to change or even religion becomes lost in the change.Studies in this article to make sense of how religious teaching can provide color in addressing current social changes that were increasingly more complex. A phenomenon that occurs writer temporary observation, religious teachings impressed being abandoned by the people with increased style and model of the changes that occur in people's lives can be widespread phenomenon JIL is factual enough to make Muslim unrest in this country. So through this paper is expected to eventually changes may have occurred, but the teachings of religion are upheld by its adherents as a driving force and source of ultimate truth and would be better serve as a filter against the change
KONTROVERSI HUKUM PEGADAIAN SYARIAH Delima Sari Lubis
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1465

Abstract

Pawn is a covenant debts, where people are owed will pawn the goods as collateral for the debt. In general, scholars have agreed that the pawn is permissible. The existence of syariah pawn has juridical implications on the economic development of sharia in Indonesia. Thus, the prospect of sharia pawnshops forward very unusual, because the response of the people are very nice. But in practice sharia pawnshops are some things that are still disputed by several parties, among others; First, sharia pawning not completely remove the system of interest, but rather change the flowers to save costs on the basis of Ijarah contract (service fee). secondly , the rules on product qardh Bank Indonesia backed gold, it is feared will be a trigger speculation practices. Both of these things would be avoided if there is a good cooperation of the various parties involved, both the mortgage, practitioners, economists Islam , businesses and government. So the practice of sharia pawnshops really in accordance with the rules of Islam

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