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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 10 Documents
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Search results for , issue "Vol 9, No 1 (2023)" : 10 Documents clear
PERUBAHAN BATAS USIA MINIMUM PERKAWINAN SEBAGAI UPAYA MENCEGAH DISKRIMINASI GENDER TERHADAP PEREMPUAN Darania Anisa
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7861

Abstract

Gender discrimination can be seen from the number of underage marriages by girls which is influenced by society's stigma against women. Their rights as children are difficult to fulfill like boys. The psychological immaturity of children triggers the occurrence of domestic violence. Global data show that girls who marry before the age of 15 experience a 50% increase in the like chilhood of experiencing domestic violence (KDRT). Every child has the right and the right to protection at an early age and treat equally, without discrimination on the basis of sex. Previously, minimum marriage age for women was 16 (sixteen) years old while men's 19 (nineteen) years of age became 19 (nineteen) due to changes in the regulation on Minimum age of marriage in Law No. 16 of 2019 On marriage as an expression of gender equality as an objective of the Sustainable Development Goals agenda.
ANALISIS KAFA’AH PERSPEKTIF UNDANG-UNDANG DI INDONESIA SYIRIA DAN FIKIH KONVENSIONAL ahmad sainul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7806

Abstract

One of the orders for people who want to get married in Islam is to pay attention to the equality of positions between husband and wife (kafaah). Equality is also called balance, which means complementing one another, so as to create harmony between husband and wife. This equality includes education, material, and religion. If this is lame, then there is a fear of being arbitrary and assuming the partner is one-sided. For this reason, some Muslim countries are very concerned about kafa'ah, including Indonesia and Syria. Indonesia, for example, in the Compilation of Islamic Law, kafa'ah is regulated in Chapter X concerning the prevention of marriage. The article states that not being in confederation cannot be used as a reason to prevent marriage, except for not being confederation because of religion or ikhtilafud din. This means that laws in Indonesia do not strictly regulate kafa'ah for physical or material matters. Kafa'ah becomes a big problem and can even be canceled when one partner has a different religion. As for Kafa'ah in Syria, it is regulated in a separate sub-chapter in The Syrian Code of Personal Status in 1953. Kafa'ah is regulated in the 4th part of the 2nd chapter, articles 26-32. The rules regarding kafa'ah read: Kafa'ah between husband and wife is a must in the Syrian state. Kafaa'ah is again regulated in Law No. 34 of 1975 which is a renewal of the previous Law. In this law kafa'ah is regulated in a certain chapter as well, namely part 4 of chapter 2, Articles 52-56. This law says that: in marriage, it is required that there be kafa'ah between the bride and groom, if it is not fulfilled then one of the parties can apply for an annulment of the marriage. Conventional fiqh as a legal reference says that, for example Hanafiah's opinion, the criteria for kafa'ah are lineage, Islam, profession, self-independence and wealth. The criteria for kafa'ah according to Hanafiah tend to be the same as those of Hanbali, except that independence is added. The wealth referred to by the Hanafi school is the ability to pay a dowry and maintenance. Besides the concept of wealth, there is also the concept of character which is the object of kafa'ah. The Hanafi school of thought only considers that character is not an absolute object of kafa'ah. If the prospective husband really shows wickedness, then this becomes a benchmark for kafa'ah in marriage. ¬Asy-Syafi'i¬ argues that the criteria for kafa'ah are nationality or lineage, quality of religion, self-independence and business or profession. ¬Asy-Syafi'i¬ added the criteria for a prospective husband, namely not having a disability.
ANALISIS FATWA MAJELIS ULAMA INDONESIA (MUI) DENGAN PENDEKATAN ISTISHAB Agus Anwar Pahutar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.6981

Abstract

The main issue that is discussed in this paper is istishab. There are two research questions. First, does the Indonesian Ulema Council (MUI) use istishab in issuing its fatwas? If so, Second, on what issues does the Indonesian Ulema Council (MUI) use istishab? The research method is with Library Research. The results of this study show several findings, namely: The Indonesian Ulema Council uses istishab in issuing its fatwas. The use of istishab elements in the fatwa of the Indonesian Ulema Council is in matters of Family Law 1975-2010, there are 10 (ten) fatwas, namely on the issue of mixed marriages, three divorces at once, iddah death, adoption (appointment of children), marriage procedures, Mut'ah marriage, transgender status, inheritance from siblings/brothers with a single daughter, inheritance from different religions, and tourism marriage. Thus, according to the author, the Indonesian Ulema Council still tends to be conservative in issuing its fatwas. This can be seen from the dominance of the istishab method with an attitude that maintains the circumstances, habits and traditions that apply in the past for the present. So, this shows that the influence of the Shafiʻiy school is still very strong in Indonesia. This is evidenced by the fact that when issuing ijtihad in issuing fatwas, the Indonesian Ulema Council still uses istishab as a legal argument or method. Thus, the authors recommend that in issuing fatwas do not tend to be conservative. Because when it dominates, of course it has implications for the development and thinking of Islamic law in general. For example, the thought of Islamic law will find it difficult to move, as if circling in place, in the end Muslims will be considered old-fashioned and backward from other people, because they are considered unable to adapt to the times. Meanwhile, what is expected by the ummah is that MUI can become more innovative on issues that are increasingly complex and global, but without violating the teachings that have been emphasized by the Qur'an and Hadith of the Prophet SAW, in the sense that it must be within the limits set methodologically tolerated, in order to become a bridge for the advancement of the people and nation of Indonesia.
MEMILIH PEMIMPIN NON MUSLIM : APLIKASI TEORI NEGOTIATION KHALED M. ABOU EL FADL Ihwan Sormin
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7877

Abstract

This paper explains how the law elects non-Muslim leaders using the authoritative negotiation theory approach of Khaled M Abou El Fadl. This article is motivated by incidents that make surah al-Mā'idah verse 51 the basis for not being able to elect non-Muslim leaders. The methodology used in this study is to use a descriptive analysis method of literature by searching for data from books and libraries. The results of this study are that most interpreters use a conservative view in drawing legal conclusions from this verse, and they do not see the context when this law was derived. Therefore, the author proposes Khaled M Abou El Fadl's authoritative negotiation method to reinterpret the law on electing non-Muslim leaders. The writer's conclusion is that choosing a non-Muslim leader is permissible with certain conditions
TINJAUAN FIKIH MUNAKAHAT TERHADAP BERITA PERNIKAHAN DUA WANITA KEMBAR DENGAN SEORANG LAKI-LAKI DI TRIBUNJABAR.ID hamsah hudafi; Heri Firmansyah; Rizki Syahputra Nasution; Syahril Efendi
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.6937

Abstract

Marriage is an attachment relationship between a man and the woman he marries based on sacred and noble Islamic values. Marriage must obey and pay attention to the laws and regulations contained in fiqh munkahat to prevent wrong and invalid marriages. The wedding incident reported by Tribunjabar.id on July 18 2022 is one of the problems of marriage that violates rules and laws. And it is not valid from the perspective of munakahat fiqh studies. This article aims to explain marriage in an Islamic perspective and discuss the law of marriage between a man and two twin girls as quoted by Tribunjabar.id using the perspective of munakahat fiqh studies. The method in writing this article uses descriptive qualitative research. The results of the analysis concluded that every marriage procession must be in accordance with established Islamic law and it is a bad behavior for a man to marry two women who are siblings at the same time based on strong arguments.
SESERAHAN MENURUT AKTIVIS MUHAMMADIYAH: AKULTURASI BUDAYA DALAM PERNIKAHAN ADAT JAWA Hikmah Hariyati
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7884

Abstract

Indonesia has more than 1,300 tribes with different cultures and of course the wedding procession of each region is also diverse with traditions that have long been maintained until now because of the customs and beliefs they hold. Seserahan is defined as the ability of the prospective husband to the prospective wife in providing physical and spiritual support or some call it a gift for a woman's family. There is no argument that clearly allows or prohibits offerings in the wedding procession because seserahan is a custom that uses 'urf as a benefit which is not legally stipulated in the syara' but is based on the habits of the local community that have been carried out repeatedly. The purpose of this study was to determine the form of cultural acculturation in Javanese traditional weddings in Wates Village, Blitar Regency. This study uses a type of field research (field research) to the community, bride shamans and Muhammadiyah tarjih scholars with a qualitative descriptive approach. The results show that the process that occurs when marriage uses Javanese customs is a result of acculturation of Javanese and Islamic culture in Wates Village, Blitar Regency because there is resistance to local traditions and culture, resulting in Islam versus Kejawen tensions and conflicts. According to activist Muhammadiyah Blitar, there are no problems related to the offering ceremony in Javanese tradition because it is only a symbol to always remember Allah, pray from danger, and the relationship lasts until old age until death picks up. This is all just a form of love for Allah in order to always maintain the marriage relationship.
TELAAH SOSIOLOGI HUKUM TERHADAP FENOMENA TALAK DI LUAR PENGADILAN AGAMA Fatahuddin Aziz Siregar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7974

Abstract

The purpose of this study is to examine the phenomenon of divorce that occurs outside the Religious Courts, especially in Bangun Purba Village. Then describes the practice of divorce in the Bangun Purba community in terms of Sociology of Law. While this type of research is field, which uses a qualitative approach. While the primary data collection methods, namely observation, interviews and documentation. To examine more deeply, researchers use legal system theory which is categorized into three types, namely legal substance, legal structure and legal culture. The results of this study indicate that the occurrence of divorce outside the Religious Courts was caused by ordinary matters and was not questioned by positive law. In addition, according to three respondents, the method of divorce that was carried out was familial (custom), namely through intermediaries, and partly witnessed directly by their respective families.
ASHOBAH BILGHOIR; PRAKTIK DAN METODE PENYELESAIANNYA BERDASARKAN SYAJARAH AL-MIRATS Raja Ritonga
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7401

Abstract

Islamic inheritance is synonymous with the comparison of the share between male and female heirs. Furu' and hawasyi heirs often become polemics over the value of the portion received by female heirs in particular. In practice, the share of inheritance for men and women is influenced by the existence of one another. Therefore the value of the part they will receive is determined by the whereabouts of each. This research will describe the practices and methods of solving the inheritance of ashobah bilghoir heirs based on the concept of syajarah al-mirats. The method used is a qualitative form with a type of library research. In this study, researchers collected data by searching some books, books, articles, and other scientific works related to the research theme. Furthermore, the data findings were analyzed descriptively with a conceptual approach. The results of this study explain that the practice of ashobah bilghoir inheritance can occur in the inheritance group of children, grandchildren, great-grandchildren, siblings, and half-brothers of the father. Meanwhile, in the settlement method, each male heir is counted as two people and one woman heir is still counted as one person. In addition, great-grandsons can have their ashobah combined with granddaughters.
PENGELOLAAN DANA PENSIUN SYARIAH MENGGUNAKAN AKAD MURABAHAH DI BANK SYARIAH MANDIRI Khadijatul Musanna
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7859

Abstract

The goal of this study is to examine the mechanism of the murabaha contract as it is enforced in BSM and its applicability in the National Sharia Fatwa Council (DSN) of the Indonesian Ulema Council (MUI) No: 04/DSN - MUI/IV/2000 about General Provisions on Murabahah Contracts. The study technique employed is descriptive qualitative, with data gathering methods based on primary data acquired from Fatwa BSM and DSN-MUI official websites, as well as secondary data sourced from related articles and journals. The results of the research are that the mechanism for managing pension funds for murabahah contracts is very flexible, starting with the customer's will and BSM's approval, then BSM takes over from TASPEN and then the funds are disbursed. and the mechanism for changing the pension fund agreement has met the standardization of the DSN-MUI Fatwa Number 4 of 2000.
JUSTICE COLLABORATOR DALAM TINDAK PIDANA PEMBUNUHAN PERSPEKTIF MAQASID SYARIAH Ismail Pane; Mara Ongku Hsb
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7420

Abstract

Crimes such as murder and loss of a person's life are unlawful acts that are very contrary to humanity and justice in the Supreme Court circular letter number 4 of 2011 concerning justice collaborators (actors of witnesses who work together) will get legal remissions which are still limited to cases such as corruption, terrorism, narcotics, money laundering and human trafficking. The research method is a normative juridical descriptive method, namely the object of research related to the applicable laws and policies. The research results in the Supreme Court circular letter no. 4 of 2011 justice collaborators for the crime of murder are not clarified in the circular letter as a guide for judges to decide on a choice of criminal acts of murder while murder cases really need to be resolved with justice collaborators, maqasid sharia hifzul nafs (protecting lives) is a state commitment and Islam forbids killing.

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