cover
Contact Name
Fatahuddin Aziz Siregar
Contact Email
almaqasidfasihiainpsp@gmail.com
Phone
+6281269190067
Journal Mail Official
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
PANDANGAN MASYARAKAT TERHADAP PELAKSANAAN PROGRAM KELUARGA BERENCANA (KB) DALAM MEWUJUDKAN KELUARGA SAKINAH DI KECAMATAN LEMBOR SELATAN Nawang Sari, Rahma Pramudya; Rosalina Naitboho, Yanti; Hariyati, Hikmah; M. Sali, Jakaria; Idris. PS, Syarif
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i1.10998

Abstract

Awareness of the importance of creating a sakinah family is the ideal that every married couple hopes for. There are a lot of efforts that must be made by all families to make this happen. The Ministry of Religion, through the Advisory Body for the Development and Preservation of Marriage (BP4) tries to provide an idea regarding efforts to form a sakinah family, namely by providing four main efforts that must be made. One of them is the implementation of the family planning (KB) program. The method used is a qualitative descriptive method with interview data collection techniques and documentation. Based on the conclusions in this research, the implementation of family planning in Golojong village, Nangalili Village, South Lembor District, West Manggarai Regency, is largely possible to create a sakinah family. Because they can maintain birth spacing, have an adequate economy, can save money, and married couples understand and love each other and always carry out the obligations commanded by Allah SWT. So that the family is more harmonious, safe, peaceful and peaceful in the family.
FATWA DAR AL-IFTA NOMOR 3598/2006 TENTANG WAKAF SAHAM: TINJAUAN ARGUMENTASI HUKUM DAN IMPLIKASINYA Arzam, Arzam; Fauzi, Muhammad; Akana Helmi, Lika; Mahdi, Al-
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.12192

Abstract

Whether we realize it or not, there is a role and results of the inspiration of fatwas of scholars (personally or collectively) in addition to laws and regulations in various Islamic countries on innovation and development of waqf objects. Dar al-Ifta Egypt is one of them, has issued many fatwas on innovation of waqf objects, including on stock waqf and distribution of benefits, which is contained in fatwa no. 3598 of 2006 on Waqf al-Ashumi wa Tasbil 'Awa'idiha. This study aims to determine the legal status and arguments in the fatwa of Dar al-Ifta. This study is a qualitative study, with research data sourced from primary data in the form of the fatwa, using content analysis as a data analysis tool. This study shows that Dar al-Ifta has determined in its fatwa that stock waqf and distribution of benefits are permissible. Dar al-Ifta's argument for allowing it is using the concept of analogy (equation) regarding the permissibility of cash waqf. Dar al-Ifta strengthens its fatwa argument by referring to several arguments, where the arguments are the opinions of the scholars of the School of Thought about the permissibility of cash waqf (dinar and dirham). By knowing the legal status and arguments of the Dar al-Ifta fatwa, shares are determined as something that has the same function and benefits as money so that it can be used as an object of waqf (such as in the category of movable objects). This fatwa has implications for efforts to reform Islamic law in the field of waqf, and also has practical implications for society and for the increasingly advanced development of Islamic economics and finance. Furthermore, it is an open area for further research, related to the impact on the spread and response of society after the fatwa is issued or determined. It is also interesting to study the practice of stock waqf in various Islamic countries that are currently taking place, by linking it to existing fatwas and connecting it from various perspectives.
KONTROVERSI PERKAWINAN SESAMA JENIS DI HALMAHERA SELATAN: TINJAUAN HUKUM ISLAM DAN DAMPAKNYA TERHADAP MASYARAKAT D. Sumaila, Bayu; Rauf Wajo, Abd.; Willy Dama, Riski
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.11455

Abstract

Social beings created with two different genders, humans have a clear legal basis in running the institution of marriage, as stipulated in Law Number 1 of 1974 which has been updated to Law Number 16 of 2019. This study uses a normative juridical approach through the analysis of written legal materials. The results show that same-sex marriage that occurs in South Halmahera is not only contrary to the social values of the Indonesian people, but also violates the principles of marriage in the applicable positive law and religion. As a result, the marriage is legally considered null and void. In addition, the negligence of the parties who facilitate this marriage without fulfilling the legitimate administrative requirements shows a lack of thoroughness in applying the terms of marriage. As stated in Article 1 of the Marriage Law Number 1 of 1974, marriage is an innate bond between a man and a woman as husband and wife, with the aim of forming a happy and eternal family based on the One Godhead. Thus, this same-sex marriage is clearly contrary to the provisions of the law (Islam and the state), and its implementation results in losses for one of the parties and damages the legal order of marriage in Indonesia.
SISTEM PEMBAGIAN WARISAN BAGI RATA: UPAYA MENGHINDARI PERSELISIHAN ANTAR KELUARGA DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT Aziz Siregar, Fatahuddin
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i1.9705

Abstract

This study aims to examine the system of equal distribution in the distribution of inheritance applied by the community to avoid disputes between families, with a focus on customary law and Islamic law.  This study uses a qualitative approach to deeply understand the practice of inheritance distribution in society, as well as how customary law and Islamic law are applied in this context. The location of the study is the Muslim community of Aek Marian. The subjects of the study include the head of the family or family members who have been involved in the inheritance distribution process. Data is collected through various techniques to ensure the richness of information and accuracy of research results. The result was the division of inheritance implemented in Aek Marian with a 'equal share' system. There is no distinction between male and female heirs. Boys should get twice the share of girls (An-Nisa: 11). Meanwhile, Article 176 of the KHI explains that boys get twice the share of girls. The equal distribution of inheritance from the perspective of Islamic Law and KHI is not in accordance with the principles set forth in the Qur'an and Hadith. Although this practice occurs due to the influence of customs or family agreements. It is important to consider the legal and social impacts and find solutions that are in line with the sharia to ensure justice and compliance with Islamic law. The distribution of inheritance in equal distribution is not in accordance with the provisions of Faraid and KHI, which has legal impacts and implications in the future.
DINAMIKA HUKUMAN RAJAM DI BEBERAPA NEGARA MUSLIM MODERN DAN RELEVANSI PENERAPAN DI INDONESIA Ilhami, Hanif A'la; Efendi, Zul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i1.10857

Abstract

This research aims to examine the implementation of stoning punishment in several Muslim countries and investigate the relevance of stoning punishment for implementation in Indonesia. This study is a qualitative research with a literature review approach by collecting books, articles, and legal documents related to the implementation of stoning punishment in modern countries. The research findings indicate that stoning punishment has been legislated in the laws of Brunei Darussalam. While Malaysia and Indonesia are still engaged in academic discourse and debates, Saudi Arabia and Iran, which initially acknowledged the existence of stoning punishment in their judiciary, are slowly abandoning it. Two factors reducing the enforcement of stoning punishment are identified. First, the increasing strength of discourse opposing the death penalty and even opposing the criminalization of adultery itself as it is considered a private matter. Second, the growing dominance of Western countries over the economy of Muslim countries resulting in their limited autonomy in determining their own laws. As for stoning punishment, from various approaches, it is relevant to be implemented in Indonesia because it can resolve various state budget issues and provide a more deterrent effect. Furthermore, stoning punishment is not exclusively Islamic law but also recognized in Judaism and Christianity, making it suitable for many religions in Indonesia.
APLIKASI E-WALLET: SOLUSI DIGITAL UNTUK PERLINDUNGAN HARTA BERDASARKAN MAQASID SYARIAH Musanna, Khadijatul; Fitri, Aulia; Nabilah, Deva
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.13615

Abstract

E-wallet is an electronic media used to store electronic money through certain applications. Various services provided by the company make e-wallet more practical, fast, and efficient in transactions. The use of e-wallet can be evaluated in the context of hifz mal (preservation of assets) in maqashid sharia to ensure its compliance with sharia principles. Hifz Mal is an important part of Maqshid Sharia which aims for the benefit of the community in a legal case. Maqashid Sharia as the maintenance of goodness achieves benefits and prevents evil. All matters in Islam are global and specific, all can be solved based on public interest, this is in line with the concept of Maqashid Sharia. The research methodology used in this study is qualitative with content analysis techniques to obtain data. This study examines comprehensive articles and books related to e-wallet, as well as the views of scholars on the concept of hifz mal. The results of the study indicate that the use of e-wallet as an electronic transaction medium to purchase products or services is in accordance with the concept of hifz mal. The use of money stored in e-wallets as a means of exchange in digital transactions is widely accepted by the public and does not involve elements of usury, gharar, gambling, or exploitation. In addition, e-wallets offer high security features and dual benefits that can make people's lives easier, in accordance with the principle of maintaining assets in maqashid sharia.
HARMONISASI FIKIH KELUARGA DAN HUKUM POSITIF: STUDI PERBANDINGAN PEMBATASAN USIA PERKAWINAN DI INDONESIA DAN MALAYSIA Puji Azizah, Faras; Alim Usman, A’zhami; Afifah Syabilah, Nur
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.11735

Abstract

This article discusses the Analysis of a Comparative Study of the Law on the Restriction of the Marriage Age in Indonesia and Malaysia. This study aims to compare the laws restricting the age of marriage in the two countries. This study uses a literature study method by collecting sources from books, journal articles, and relevant themes. The results of this study show that there is a difference between the laws restricting the age of marriage in Indonesia and Malaysia. In Indonesia, the minimum age limit is 19 years old for boys and girls, while in Malaysia, the minimum age limit for girls is 16 years old and 18 years old for boys. In addition, the study also highlighted that the marriage age restriction in Indonesia reflects gender equality, while in Malaysia a lower age is set to anticipate the risk of pregnancy out of wedlock, elopement, and similar problems. Not only that, by setting a minimum age limit, the law seeks to protect the welfare of children and ensure that marriage occurs at a mature and responsible age so that children born can grow up in a healthy and stable environment.
TINJAUAN HUKUM ISLAM TERHADAP PENYALURAN ZAKAT MELALUI LEMBAGA AMIL DI INDONESIA Khairani Harahap, Sarah
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i1.11033

Abstract

This article examines the analysis of zakat distribution through amil zakat institutions in Indonesia from the perspective of Islamic law. The phenomenon that occurs is that communities prefer to distribute zakat directly to mustahik, this is influenced by several factors such as religiosity where individuals feel more inner satisfaction if they meet directly with mustahik. This phenomenon needs to be studied how Islamic law views the correct distribution and management of zakat according to sharia. The research purpose is to provide knowledge for readers regarding the law of distributing zakat through amil institutions. This article uses literature research. The data used consists of primary data, namely books that discuss zakat. Second, secondary data in the form of law books and laws. Third, relevant journals. Data collection techniques by analyzing all data then draw conclusions. The result of this research is that zakat must be channeled through an institution so that it can be managed properly. The explicit command of zakat management can be found in verse 103 of Surah at-Taubah. The explanation of Qurtubi's interpretation shows the obligation of zakat to be managed by people who are trusted for it, which in Qurtubi's term is referred to as intermediaries. the need for zakat managers who work to ensure that zakat is received correctly, and especially distributed correctly to the rightful people. The Hadith narrated by Bukhari also emphasizes the importance of zakat management. The word tu'hdzu in the hadith requires zakat to be managed by appointed officials, not paid directly to individuals. So it can be concluded that the distribution of zakat through an amil institution is very mandatory so that zakat management can be managed properly and right on target and in accordance with the objectives of the implementation of zakat.
PERAN GANDA ISTRI DALAM MENSEJAHTERAKAN KELUARGA DALAM PERSPEKTIF FEMINISME AMINA WADUD nijar, Ahmat
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i1.9707

Abstract

This study examines the dual role of wives in family welfare. Many wives are found who play a dual role in building a family in the city of Padangsidimpuan, so it is interesting to be investigated in depth. This research is included in juridical-normative legal research. The data collection method used was interviews with women who played a dual role in building family welfare. The result of this study is that the dual role of wives in building family welfare because the husband's income is not sufficient for household needs, the husband wanders, and cannot work because of illness. Ideally, all actions taken by the wife to meet the needs of the family. Meanwhile, Article 80 Paragraph 4 Letter (c) of the IHL emphasizes that the husband is the family, so that it becomes a central position in determining the progress or decline of the household.  In the perspective of Islamic Family Law, balance and cooperation between husband and wife in all aspects of family life. This includes the division of tasks, decision-making, and conflict resolution, with the aim of creating a harmonious and prosperous family environment. Meanwhile, according to Amina Wadud's gender theory, the wife has a dual role in family welfare, namely first, as a life partner, the wife is responsible for supporting the husband and maintaining the integrity of the family. Secondly, as an individual who has her own rights, the wife also has the responsibility to ensure that her needs and aspirations are also met.
SISTEM PERADILAN ISLAM DI BAWAH WILAYAT AL-FAQIH: KAJIAN KOMPARATIF ANTARA IRAN DAN INDONESIA Ulfa, Rusda; Asasriwarni, Asasriwarni; Zulfan, Zulfan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.14110

Abstract

This study examines the influence of the Wilayat al-Faqih principle on the Islamic judiciary system in the Islamic Republic of Iran and compares it to the religious court system in Indonesia. The focus is on how Shia Imamiyyah doctrine shapes Iran's legal and judicial structures, including the Supreme Court and Revolutionary Courts, highlighting the strong interplay between religion and politics. Conversely, Indonesia separates religious authority from the state, with its religious courts under the Supreme Court and free from political ideologies. A qualitative descriptive method, based on primary and secondary sources, was employed. The findings reveal that Wilayat al-Faqih grants extensive power to the Supreme Leader over Iran's judiciary, unlike Indonesia's pluralistic legal system. In family law, Iran adopts Shia-based practices, such as mut’ah marriage and lower marriageable ages, while Indonesia has reformed family law to establish higher minimum marriage ages. In conclusion, religious ideology profoundly influences Iran's legal policies, whereas Indonesia offers a more inclusive and pluralistic legal framework.