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Contact Name
Fatahuddin Aziz Siregar
Contact Email
almaqasidfasihiainpsp@gmail.com
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+6281269190067
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almaqasidfasihiainpsp@gmail.com
Editorial Address
Jalan Tengku Rizal Km. 4.5 Sihitang, Kota Padangsidimpuan.
Location
Kota padangsidimpuan,
Sumatera utara
INDONESIA
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 181 Documents
PELAKSANAAN WARIS DI KECAMATAN ANGKOLA SANGKUNUR ahmad sainul nasution
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 2 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v8i2.6108

Abstract

In the division of inheritance, there is certainly a law that regulates inheritance, which is called inheritance law. The basic stipulation for the division of inheritance in Islamic law is that the share of men is 2:1 from the share of women, meaning that the share of men is more than that of women because they have more responsibilities. This provision applies from top to bottom or the oldest heir to the youngest heir.However, this is not practiced by the community in Angkola Sangkunur District, South Tapanuli Regency, the distribution of inheritance is different as described above for men 2:1 from the female share. The implementation of the distribution of inheritance that occurs in Angkola Sangkunur District, South Tapanuli Regency is based on the economic ability of the heirs with mutual consent. For this reason, researchers want to investigate further about how, reasons, and factors for implementing the distribution of inheritance based on economic considerations in Angkola Sangkunur District by using interview, observation and documentation techniques and then analyzing it descriptively because this research is field research.The result is the implementation of the distribution of inheritance in Angkola Sangkunur District, the first is the implementation of the distribution of inheritance according to Islamic law, the implementation of the division of inheritance based on a will, and the implementation of the division of inheritance based on customary law, namely based on economic considerations. The next factor is because of culture, there is no socialization and lack of individual awareness.
PENGARUH POLITIK TERHADAP HUKUM Puji Kurniawan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 1 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i1.1416

Abstract

Islam is the last religion of Allah SWT and the religion that was conveyed to the prophet Muhammad SAW through the angel Gabriel with the aim to change the human nature towards a better side by Allah SWT. Many ways are done by humans to achieve piety at His side or what is also called "politics". Because politics can be interpreted as a way to achieve certain goals. Not a few people consider that politics is something negative that must be shunned. Even though it should not always be like that, even politics is needed in religious life. For this reason, I hope to the reader, hopefully after reading or speaking this article is able to engage in politics in accordance with the Islamic religion
TINJAUAN TENTANG BAGIAN AHLI WARIS YANG MENOLAK DALAM PERSPEKTIF HUKUM PERDATA BW
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 2, No 1 (2016)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v2i1.1513

Abstract

Based on the constitution, basically everyone has right to accept heir as stated in the regulation or wills. It means that no one comes into the world without right to accept heir. The chance to accept heir is automatically accepted by the heir firmly even secretly to get the property itself. But the other hand, the fact is different. Some people try to reject the heir. The cause is not really clear explained. But there must be something wrong or serious problem happen, so that someone think hard and consider investigating the property before accepting it. The rejection is set in the regulation which explains about the rejection. All these problems need to be discussed to understand civil inheritance law deeply..
Persepsi Masyarakat Kota Padangsidimpuan Tentang Program Ma’had Al-Jami’ah Iain Padangsidimpuan Agustina Damanik
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 2 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i2.2096

Abstract

This study a problem ofpower in Islamic politics. The main problem in this paper is how power. Ulama and Umara in the structure of Islamic politics, through content analysis and conceptual approach it is gained an understanding that power comes from God and no one has absolute power. But that power is delegated to humans as representatives og God on earth who are given orders to establish a just government and realize shared prosperity. With this concept of power there is no longer a contradiction between the power of good and the human need for government. Ulama adn Umara in he structure are those who are required by teh Quran as ulu al amr or those who govern and must be obeyed because they consist of people who are elected and fulfill complementary requirements such as trustworthiness, courage, strength, common sense, and knowledge of knowledge, it is hoped that they will be able to become role models for all levels of society. They act as interpreters of rules that are not yet clear in the Quran and at the same time as supervisors af the contitutionality of goverment and administrator rules in order to convince the people that these rules do not violate the Shari’a. while the Umara or the goverment applies sharia laws.
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.
PANDANGAN HUKUM ALI AS-SHOBUNI TENTANG PERCERAIAN Desri Ari Enghariano
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i2.4732

Abstract

In this era of covid-19, divorce does not only happen to ordinary muslim household or celebrities. But also happens to the household of scholars who become public figures for the people. There is even a famous cleric who has dropped three divorces on his wife and there is also a popular cleric who divorced his wife in a relatively short marriage age, so that these problem has implications for the emergence of a negtive stigma against them. The fact is that for some people, divorce is the last alternative to end marriage. According to them, divorce is something that is taboo, disgraceful, and embarrassing. Evem though the scholars have explained that divorce is permissible ini Islam. Even under certain conditions divorce is a remedy, solution and them main choice, not the last alternative.One of the contemporary scholars who is concerned with examinig the issue of sharia law on divorce is Muhammad Ali al-Sabuni in his bokk Tafsir Verses of Law. There foe, this research will describe Ali al-Sabuni’s legal views on divorce; in the form of the etymological meaning and terminology of divorce, the legal basis fo divorce, conditions for divorce, kinds of divorce, the period od iddah of the wife after divorce, about three divorces, and the wisdom of divorce. The method used in this research is thematic method. The results of this research explain the meaning of divorce is ending marital status. The legal basis for divorce is the Qur’an, hadis, and ijma’. It is permissible to get a divorce if there is no harmony, the marriage is defiled, the spouse suffers from infertiliy, and infectious diseases. The are two kinds of divorce; namely raj’i and ba’in. The iddah of a wife who is not pregnant and still menstruating is three times sacred, the iddah of a pregnant wife is until she gives birth, and the iddah of a wife who has not menstruated or is monopause is three months
DIALOG AGAMA DAN BUDAYA; MENANGKAL GERAKAN RADIKALISME DI TAPANULI Puji Kurniawan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i2.1428

Abstract

Radicalization can be seen through various media. Some are triggered by religio-political problems, inter-religious interaction and injustice. Religion is often referred to as the dominant factor in committing acts of violence. Religion which initially had a peaceful mission was reduced by acts of violence that were contrary to its teachings. Radicalism or fundamentalism is an interesting religious, social and political issue to study. Radical actions are not only labeled with adherents of Islam, but also followers of other religions such as Christianity, Judaism, Hinduism and Buddhism. Based on historical search, the phenomenon of radicalism is a symptom that occurs in almost all religions.
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.
KEDUDUKAN PENGADILAN TATA USAHA NEGARA DI INDONESIA Khoiruddin Manahan Siregar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 1 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i1.2515

Abstract

This paper describes the State Administrative Court in Indonesia, then the main focus in this paper is regarding the position of the State Administrative Court institution in Indonesia. So to answer this main focus here the author uses the method of library study by tracing references relating to the topics discussed in this paper. The findings in the search conducted by the writer are that the position of the State Administrative Court has a strong position in solving the problems of state administration.
TINJAUAN YURIDIS PELAKSANAAN ISBAT NIKAH DI PENGADILAN AGAMA LUBUK PAKAM DALAM PERSPEKTIF HUKUM POSITIF Asrinawati Oktavia Siregar; Randi Hadamean Batubara
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i2.9562

Abstract

This study examines the phenomenon of Isbat Nikah (legalization) in the Lubuk Pakam Religious Court. Interestingly, the Lubuk Pakam Religious Court experienced problems in implementing Isbat Nikah activities based on PMA Number 1 of 2015. After the enactment of Law / 1/1974 on Marriage, some people did not register their marriages before the Office of Religious Affairs. Not only that, there was also found in the field that lost the Marriage Certificate. This type of research is normative law, which will examine the laws and regulations regarding marriage. While the source of data in this study is positive law in Indonesia. Such as, Law / 1/1974, and KHI. It can be concluded that there are several factors for applying for Isbat Nikah at the Lubuk Pakam Religious Court, including: 1) due to loss of marriage certificate, 2) to arrange divorce, 3) to get married before the enactment of Law / 1/1974. The issue of recognition of having been married under the law can be submitted by filing an application with the Court. One of the reasons the judge decided the Isbat Nikah case at the Lubuk Pakam Religious Court was because it had permanent legal force, namely the applicant who filed the Isbat Nikah case in the Court.

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