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Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
ISSN : 24426644     EISSN : 25805142     DOI : https://doi.org/10.24952/almaqasid.v8i2
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 7 Documents
Search results for , issue "Vol 6, No 2 (2020)" : 7 Documents clear
STRATEGI POLITIK PEMILIHAN KEPALA DAERAH : STUDI TERHADAP PEMILIHAN WALI KOTA PADANGSIDIMPUAN TAHUN 2018 Puji Kurniawan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3460

Abstract

This paper presents the results of elder research that the winning strategy is carried out using a kinship approach. This pair of candidates also conducted a survey or mapping of the indicators or criteria of a candidate for Mayor who was wanted by the people of Padangsidimpuan City, established a winning post in every sub-district in Padangsidimpuan City, formed a campaign team and winning team, and carried out an open campaign strategy which was held on June 23. 2018 at HM Nurdin Stadium. Supporting factors are the capacity, capability, quality and competence of the candidates for Mayor and Deputy Mayor, the vision and mission of the candidate pairs for Mayor and Deputy Mayor, expectations from the community for change and there are several excellent programs targeted by this pair of candidates Meanwhile, the inhibiting factor is competition to win the hearts of people and people who still think apathetic and lack insight.
OVERCRIMINALIZATION DALAM PERATURAN PEMERINTAH NOMOR 9 TAHUN 1975 Adi Syahputra Sirait
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3292

Abstract

This paper aims to analyze and explain how the state criminalizes through government regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage which is basically an administrative law, therefore it is not allowed to regulate or create constitutional rules. and contains criminal provisions that have the potential to cause overcriminalization. As a normative legal research, this paper uses a conceptual and statutory approach (State Approach). The results of this study concluded that overcriminalization is the criminalization of acts that are not reprehensible and do not fulfill the principle of lex certa, as well as criminalization of pure administrative violations and their threats are not proportional to the seriousness of the alleged offenses.
BATASAN HAK SUAMI DALAM MEMPERLAKUKAN ISTRI SAAT NUSYUZ Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3432

Abstract

Nusyuz is a conception of classical law of the past, what we inherit not only as part of the Islamic thought tradition has even been codified as a standard rule of law. This is reflected in the existence of several rights of the husband in cracking down on the wife who is oblivious without clear boundaries. Whereas for the wife almost has no room to defend themselves and their rights before the law in a balanced manner. Therefore, in this study as well as legal research in general, the approach used is doctrinal research in order to find the principle or doctrine of positive law that applies in relation to the problem under study, in the form of opinions and ideas from legal experts regarding boundaries. the limitation of the husband's right to treat his wife who is infamous. Then describe it in general, classify it and analyze it critically using inductive reasoning. This is because in every discussion of the issue of nusyuznya the wife often forgets the basic principle or principle as a parameter in granting restrictions on the rights and authority of the husband over the wife. Like the principle of the pattern of relations between husband and wife in Islam, the purpose of sanctions and also in seeing the legal substance of the actions of Nusyuz itself, both in terms of quality, quantity and things that trigger the problem. Nusyuz's legal issues often have a negative impact on the position of women, and can even be one of the triggers of violence against them.
KONSEP HAK MILIK DALAM ISLAM Ahmad Sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3433

Abstract

The definition of property rights is the same, namely that property or ownership is a relationship of ownership between humans and assets or objects applied by syara ', which provides powers that allow us to take advantage of or carry out tasarruf over these assets or objects in ways that are justifiably stipulated. By syara '. The system of ownership has been described much by jurisdictorials as that property rights are divided both it is perfect and impective.In addition to ownership types of individual, public ownership, and state ownership with various conditions in it. Present The causes and ways of Obtaining ownership between other because of work, inheritance, Giving state assets to the people, Assets acquired without compensation for assets or personnel, and individual gain.Wisdom and Property Rights between other: Humans may not own property carelessly, without knowing the applicable rules that have been revealed by Islam. Humans will have the principle that looking for wealth must be in ways that are good, correct and lawful. Owning property is not an absolute right for humans, but is a mandate (entrusted) from Allah SWT. What must be used and utilized as much as possible for the benefit of human life and channeled in the way of Allah to obtain His approval. Last of islam banks Taking Other People Ownership in Wrong Ways
TINDAK PIDANA JUAL BELI GAME ONLINE DI MASA PANDEMI Nurhotia Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3435

Abstract

Online games are now increasingly popular and are widely played by various groups. Marketing Director of SEA PUBG Mobile, Oliver Ye stated that Indonesia is in the second position of active PUBG players at the international level. WHO has also included gaming disorder in the 11th Revision of the International Classification of Diseases (ICD-11). From a health aspect, online gaming causes a decrease in front brain waves which results in decreased ability to control emotions. So that it will cause mood changes quickly, irritability, difficulty concentrating, damage the eyes, and so on. Even economically, online games have the potential to plunge players into bankruptcy. It is not uncommon for a fractured household to lead to divorce as a threat.
ANALISIS PUTUSAN HAKIM NOMOR 1642/Pdt.G/2020/PA.JP DALAM PEMBAGIAN HARTA WARIS ANTARA ANAK LAKI-LAKI DAN PEREMPUAN Muhamad Hasan Sebyar & Purnama Hidayah Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3371

Abstract

This study aims to analyze the decision of the West Jakarta Religious Court judge Number 1642 / Pdt.G / 2020 / PA.JP in the case of a lawsuit on inheritance from the perspective of Qawaid Fiqiyyah. This study uses three approaches, namely a legal approach, a historical approach and a conceptual approach. The results of this study indicate that the legal reasoning used by judges in deciding 1: 1 inheritance between boys and girls is very weak. The distribution of inheritance is not only based on how much he does, but rather on the roles and obligations assumed by each. If boys want the distribution of inheritance to be divided according to Islam, then the judge should decide according to Islamic law للذكر مثل حظ األنثيين, which is 2: 1
PENGUASAAN HARTA SEBELUM PELAKSANAAN FARAID DI DESA PURBA BARU KECAMATAN LEMBAH SORIK MARAPI KABUPATEN MANDAILING NATAL Muhammad Ridwan Pasaribu, Fatahuddin Aziz Siregar Muhammad Arsad Nasution
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3259

Abstract

This article describes the control of inheritance that has not been divided in a faraid science, because there are some people who postpone the distribution of inheritance according to Islamic law so that often there is unilateral control over inheritance. So the question here is why this happened and what is the community's reasons for this case. To answer this problem, the authors used a field study, namely interviewing directly the parties concerned, especially those in Purba Baru Village, Lembah Sorik Merapi District, Mandailing Natal Regency as a sample. From the interviews the author conducted, we got the answer that this case occurred due to the lack of public knowledge about the science of faraid accompanied by certain reasons so that one-sidedly controlled the inheritance before it was distributed to the heirs, sometimes even selling the inheritance that had not been distributed due to meeting needs daily life, for the cost of a child's wedding reception, or to treat a child.

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