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
181 Documents
<![CDATA[ANALISIS KRITIS PERAN DALIHAN NATOLU DALAM PERKAWINAN MASYARAKAT BATAK ANGKOLA TAPANULI SELATAN ]]>
<![CDATA[Risalan Basri Harahap]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 1 (2019) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v5i1.1718
<![CDATA[The marriage law of the Batak Anagkola community of South Tapanuli regulates the role of Dalihan Natolu. The role of Dalihan Natolu is something that cannot be separated in the social life within the Batak Anagkola indigenous community of South Tapanuli. In a legitimate marriage, Dalihan Natolu has outlined and stipulated detailed rules and regulations regarding various social relations between husband and wife, between parents and siblings from each bride, as well as with boru and hula hula from each of them. -either party. The issues to be discussed in this paper are about the application of the Dalihan Natolu principle in the traditional Anagkola Tapanuli Batak customary law, as well as the role of Dalihan Natolu in the process of resolving the marital problems of the Anagkola Batak people in South Tapanuli. In the life of the Anagkola South Tapanuli Batak indigenous people, the Dalihan Natolu principle is very concerned with the collaboration between the roles of the Dalihan Natolu elements themselves, namely dongan tubu, hula-hula, and boru. This is also inseparable from Dalihan Natolu's proverb which says somba marhula-hula, manat mardongan tubu, and elek marboru because it contains a meaning that is profound and must be done if you want to prosper your life. In the Anagkola South Tapanuli Batak indigenous people, the customary leader in the Anagkola South Tapanuli Batak Indigenous community association or organization which adheres to the Dalihan Natolu principle can be said to be a mediator in resolving a marital problem, because the adat leader becomes the party involved between parties the conflict to then resolve the problem between the two troubled parties, where the peaceful solution is prioritized so that it does not drag on problems that result in a divorce.]]>
<![CDATA[ANALISIS PUTUSAN HAKIM NOMOR 1642/Pdt.G/2020/PA.JP DALAM PEMBAGIAN HARTA WARIS ANTARA ANAK LAKI-LAKI DAN PEREMPUAN ]]>
<![CDATA[Muhamad Hasan Sebyar & Purnama Hidayah Harahap]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v6i2.3371
<![CDATA[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]]>
<![CDATA[Komparasi Hukum Islam dan Hukum Perdata Terhadap Ganti Kelamin dan Konsekuensi Yuridisnya ]]>
<![CDATA[Dian Saputra]]>;
<![CDATA[Karimuddin Abdullah Lawang]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 2 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v8i2.6137
<![CDATA[Genital replacement is an interesting issue to be studied today. Especially with regard to the impact on civil rights after sex surgery is carried out. This study aims to comprehensively analyze the practice of sex change in the perspective of legislation and Islamic law and the juridical consequences of this sex change. The research method used is a normative juridical research method using data from library literature. In addition, researchers also use primary legal materials contained in the Civil Code and the Marriage Law. Data analysis was carried out qualitatively. The results of the study indicate that normatively the practice of sex change is allowed for reasons of benefit, whereas if the motivation is for other interests, Islamic teachings forbid it. The juridical consequences after sex change can occur in the aspect of marriage and the distribution of inheritance, because the Marriage Law only recognizes marriage between a man and a woman. The distribution of inheritance for people who change their genitals must be done carefully by taking into account their gender, both male and female.]]>
<![CDATA[TINJAUAN SOSIOLOGIS TENTANG PENTINGNYA AGAMA DALAM PERUBAHAN SOSIAL ]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v3i2.1472
<![CDATA[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]]>
<![CDATA[JUSTICE COLLABORATOR DALAM TINDAK PIDANA PEMBUNUHAN PERSPEKTIF MAQASID SYARIAH ]]>
<![CDATA[Ismail Pane]]>;
<![CDATA[Mara Ongku Hsb]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v9i1.7420
<![CDATA[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.]]>
<![CDATA[KELUARGA SAKINAH PERSPEKTIF MAHASISWA YANG SUDAH MENIKAH ]]>
<![CDATA[Hasiah .]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 1 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v7i1.4615
<![CDATA[We find that in almost all public and private universitiesin Indonesia, several married students are found. Students who decide to get married eill be facedwith conditions where they should be contrindicated to complete academics, graduate early, then get a job, must be able to manage time, shareenergy and take care of the family. Students wh get married while in college, of course have strong reasons, have the motivation and drive to get married durring their studies.In this study, researchers used a qualitative descriptive methode with data collection techniques through observation, interviews or direct interviews with informants. Sampling conducted by researchers with purposive sampling. And the focus of this research is the Padangsidimpuan State Islamic Institutestudents who are registered as active and marriedstudents.The results of the study informed that the motivation of students who got marriedat the timeof study was fear of sin, the existence of compatibility and mutual need, feeling that they had been obliged to marry (old enough), there was guidance from others.]]>
<![CDATA[KARAKTERISTIK HUKUM ISLAM ]]>
<![CDATA[Hendra Gunawan]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v4i2.1429
<![CDATA[The term Islamic law is an official term in Indonesia, because in Arabic literature included in the al-Qur'an and Sunnah is actually not known as an Islamic legal term in a series of words. However, these two words can be separately found in Islamic sharia and fiqh. The scholars identify Islamic law with fiqh, at least in understanding Islamic law must first understand fiqh. Islamic law has differences with other laws, both from the source and the object, because Islamic law has two legal objects that regulate human relations with Allah SWT which is called worship and regulate the relationship between fellow humans and the universe called muamalah. Whereas, the general law of the object only regulates the relationship between fellow human beings in community life, besides that in this article the author wants to describe the characteristics or characteristics that Islamic law has.]]>
<![CDATA[MEMAHAMI URGENSI PERBEDAAN MAZHAB DALAM KONSTRUKSI HUKUM ISLAM DI ERA MILLENIAL ]]>
<![CDATA[Ikwanuddin Harahap]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 1 (2019) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v5i1.1713
<![CDATA[Islam did not divided in the teachings of the school (mazhab) at first rising. After the death of the Prophet Muhammad, in carrying out Islamic Shari'a, especially at the level of fiqh, Muslims disorganized have followed the opinions of certain figures. This tradition has existed since sahabah era. The existence and dependence on the school from the beginning was a debate between the ulama. Mainstream leads to two groups, the first group that forbids following the school and the second is a group that allows schooling especially for lay people. In the millennial era marked by the complexity of the problems of Islamic law, the presence of mazhab was felt to be urgent. Mazhab provides an alternative solution to the problems of the contemporary people. The problems of Islamic law in the millennial era are increasingly diverse and complex both in terms of quality and quantity. The scholars are required to solve these problems by using various scientific disciplines to produce the right legal solutions. The presence of various schools has made an important contribution because it provides an alternative legal thinking that can be adopted at this time. The ability to contextualize legal thinking in the school to the present context is an important step to be taken.]]>
<![CDATA[PENGUASAAN HARTA SEBELUM PELAKSANAAN FARAID DI DESA PURBA BARU KECAMATAN LEMBAH SORIK MARAPI KABUPATEN MANDAILING NATAL ]]>
<![CDATA[Muhammad Ridwan Pasaribu, Fatahuddin Aziz Siregar Muhammad Arsad Nasution]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v6i2.3259
<![CDATA[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.]]>
<![CDATA[PENGARUH KESADARAN HUKUM MAHASISWA TERHADAP KEPATUHAN HUKUM TENTANG PERATURAN PERUNDANG-UNDANGAN PLAGIASI TERKAIT KARYA TULIS ILMIAH ]]>
<![CDATA[Khoiruddin Manahan Siregar]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24952/almaqasid.v9i2.10037
<![CDATA[The fact that IIPA (Imternational Intellectual Property Alliance) launched shows a decrease in plagiarism violations to the Watchlist from the previous 2003 access in the Watchlist category. This false rejection is most effective because law number 20 of 2003 concerning the national education system article 25 paragraph 2 and article 70 regulates sanctions for those who commit plagiarism, especially people who are in the educational environment. Usually, the maximum law-abiding society comes from among highly educated people consisting of students. The application of behaviors and ideologies tends to decline from higher levels to lower levels. This research uses quantitative methods with a descriptive and explanatory approach, which describes more than a few variables that are admired with complexity and units under which they are observed and explains the relationship, influence or difference between one variable and every other variable. The population in this review, students of the Constitutional Law Study Program, Faculty of Sharia and Legal Sciences, Syekh Ali Hasan Ahmad Addary State Islamic University, Padangsidimpuan in the even semester of 2022. The sample in this observation became 100 people. The findings of observations show that legal awareness of legal compliance has a significant and positive influence.]]>
