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Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 25805142     DOI : https://doi.org/10.24952/almaqasid.v9i2
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The Al-Maqasid Journal is a journal of sharia and civil science, Jurnal Al-Maqasid: Journal of Sharia and Civil Sciences is a journal dedicated to publishing quality articles and research results in the field of sharia and civil science. This journal publishes various articles that are up-to-date conceptual, research results and actual issues relevant in the field of sharia and civil science using a systematic writing method, by presenting reviews of previous studies, and closed with a brief but complete summary. With our commitment to the advancement of science, al-maqasid journal follows an open access policy that allows for published articles to be available online for free without subscription.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 152 Documents
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PERAN KOMISI YUDISIAL DALAM MENGATUR PERILAKU HAKIM Khoiruddin Manahan Siregar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i1.4029

Abstract

This paper will discuss the role of the Judicial Commission in regulating the behavior of judges, so the formulation of the problem in this paper is how the role of the Judicial Commission in regulating the behavior of judges considering the position of judges in Indonesia is law enforcement officers who occupy a fairly high position in law enforcement in Indonesia. . To answer this problem, the author will use a qualitative method by searching the literature that discusses the problems above to be analyzed in order to draw conclusions. The finding in this paper is that the emergence of the Judicial Commission which is an external oversight agency makes behavior more controlled and directed in order to judge and decide in the fairest way possible to the people seeking justice.
PERLINDUNGAN HUKUM PEMANFAATAN SYSTEM ARTIFICIAL INTELLIGENCE BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 Batubara, Yenni; Ismail, Husni
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.v10i1.11166

Abstract

Artificial Intelligence (AI) with its increasingly complex development currently seems to increase complications, especially when it comes to violations of the law, especially regarding copyright of works created by AI systems or. So that the clarity of the legal responsibility for problems or conflicts that then arise needs to be clarified in the eyes of the law. This study is a qualitative study with a normative legal approach, and the data analysis method used is qualitative juridical. The results of the study show that based on the laws and regulations in Indonesia, namely Law No. 28 of 2014 concerning Copyright and Law No. 12 of 2016 concerning Patents, it states that creators and copyright holders as well as inventors and patent holders are one or several people, meaning that those who have the right to hold copyright and patent rights are humans as legal subjects (persons or legal entities). Then because AI is a system, AI is not included in the legal subject but AI is a human-made product and functions as a tool to create a work. However, formulating clear and fair policies and regulations regarding civil rights and legal responsibility for the results of AI creations needs to be done by the government. Legal certainty in this case will encourage the development of responsible AI technology and provide adequate protection for all parties involved. Then AI is known as an electronic system and electronic agent that operates based on human commands. Therefore, if an unlawful act or action occurs, then the legal responsibility is borne by the creator and user of AI who gives the commands and parameters.
OTORITAS ‘URF DALAM PENALARAN HUKUM ISLAM Dr. Kholida Kholida
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.v8i2.6264

Abstract

'Urf is one form of disputed reasoning. However, 'urf is always considered in all forms of reasoning, both qiyasi reasoning (istihsan bil 'urf) especially istislahi reasoning, because this reasoning is not based on specific texts (direct) but general arguments taking into account the benefits that will be obtained. The expressions of ushul experts show that 'urf reasoning has a big role in the formulation of law. Even for the current context, the application of 'urf as legal reasoning has a great opportunity for legal development. Because through 'urf reasoning it will be very easy for the Muslim community to practice the teachings of Islam itself. And making 'urf as reasoning in the formation of law is part of maintaining social stability that can lead to benefit as the ultimate goal of legal provisions.
UANG PANGOLAT (TEBUSAN) DALAM PERKAWINAN MASYARAKAT TOBING JULU Risalan Basri Harahap
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.v4i1.1433

Abstract

There are habits that have been hereditary done in the implementation of marriage in society of Tobing Julu.That is giving money Pangolat (ransom), by the male (groom) to the “anak namboru” (anak namboru: a man who can marry a woman),which isrequsted by  “anak namboru” at the time of leavingwoman from her home to her husband's home. The ordinance of this request is done by inhibiting the two brides outside the yard of  woman’s house by preparing a seat and a drink, then invite the two brides to sit together, at the time they will enjoy the drinks that have been provided. But if it is seen and observed in the implementation of customs about money pangolat (ransom) committed by the community has largely deviated from the actual customary provisions. Based on that, the money pangolat (ransom) in the implementation of marriage in Tobing Julu Kec Huristak Padang Lawas District has done in accordance with the provisions of the actual and it is not contrary to Islamic law, then the law is allowed or ‘urf saheeh. On the contrary, if the execution of the pangolat money (ransom) has deviated from the true customary provisions, then the law is included in the fasid or rejected ‘urf
KONSEP NEGARA MENURUT ABU A’LA AL-MAUDUDI Agustina Damanik
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 1 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i1.1720

Abstract

Abu A'la al-Maududi is an accomplished speaker and a very productive writer, especially in the field of religion. In this connection it is important to always observe Abu A'la's views related to politics, the state, and Islam. Not much different from other thinkers. Abu A'la is a great thinker of Islam who is very well known in the Islamic world. Pakistan, more than any Islamic country, faces more interesting problems in its struggle to get its Islamic identity. Since the establishment of an Islamic state in 1947, the Pakistani nation has tried to show its importance in its existence. And the first choice fruit presents two types of modern Islamic states namely Maulana Abu A'la Maududi, a founder of a political organization (Jama'ati Islam) proposing a more traditional theocratic state form, while Fazlur Rahman a professor of Islamic studies from Cambridge University who is also the director of the Islamic Study Board who has the support of the government, provides an overview of a more modern Islamic state based on popular sovereignty. Although in the past Pakistan declared itself to be a Republican state, there was no one that had ever been compiled to implement Islam.In the 1970s, Islam reappeared in political settings in Pakistan and encouraged the emergence of ideas for the establishment of an Islamic government system. General Zia ul-Haq, who seized power from Zulfikor Ali Buttho in 1977, tried to find a legal basis legally for his actions to seize the power, by appealing for the treatment of the Islamic government system. Among the major changes he made was the compilation of a set of Islamic laws as outlined in his provisions entitled the application of the Islamic system. Pakistan's failure to carry out its Islamic group in the field of justice was caused by the attitude of a retired judge B.Z. Kalkaus, who in 1976 filed a petition against the application of the political system and Islamic legal system in Pakistan. And in 1977 when Zia ul-Haq established the "Mahkmah Syar'iyah Judicial System" and appealed to the courts so that all legal regulations were adjusted to the rules of Islamic law. From the description above, the writer can conclude that from the various figures that have been stated, they have their special characteristics. Abu A'la al-Maududi is more traditionalist than Fazlur Rahman. Abu a'la is a reliable politician and also a top class academic whose thoughts are interesting to.
MOESLEM ABDURRAHMAN PEMIKIRAN TEOLOGI ISLAM TRASNFORMATIF Agustina Damanik
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.v6i1.2510

Abstract

The finding is that in Moeslim Abdurrahman's view, the paradigm of transformative theology is a theological view that departs from the issues of ignorance, backwardness and shortsightedness into modernist theologies that are adaptive to the progress of the times, offset by a critical attitude towards the negative elements of the modernization process. In other words, as a flexible, open and dialogical attitude in facing a plural and constantly changing world.
KONSEP KAFA’AH DALAM ISLAM: SUATU PENERAPAN DALAM PERNIKAHAN DITINJAU DARI MASLAHAH MURSALAH Misbah Mrd; Sawaluddin Siregar; Nur Aminah Nst
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.v9i2.9368

Abstract

Kafa'ah has the meaning of balance or similarity between husband and wife both in terms of position (hasab), religion (din), descent (nasab) and physique. This study aims to examine the realization of a harmonious family with equal rights for married couples. The problem that will be studied is whether the concept of kafa'ah in marriage is good or vice versa (bad) by using maslahah mursalah as the analysis knife. The method used in this research is qualitative descriptive research with the type of library research. references, journals and other print media. The results of the study indicate that the concept of kafa'ah in marriage has benefits for achieving the goal of the marriage, namely achieving a sakinah, mawaddah and warohmah family. A peaceful family can be achieved with the efforts of each partner in building their household.
Pembagian Harta Waris Beda Agama Menurut Hukum Islam, Hukum Perdata dan Hukum Adat Badai Husein Hasibuan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v8i1.5550

Abstract

Choice of law in the division of the inheritance of different religions, the inheritance of different religions in Indonesia is practiced in three provisions, namely, application in Islamic law (in religious courts), application in civil law (in the court), and its application in customary law.From the discussion that took place it can be concluded that, according to Islamic law, religious differences can constitute an obstacle to inheritance, but in practice in religious courts non-Muslims inherit from their parents or relatives the estate in the form of wills. In applying the Law on Inheritance of Different Religions in Medan District Court, the Chamber of Judges in its review applied Civil Law (BW) and did not apply the provisions of Islamic Law even if one of the parties was a Muslim. According to the results of the decision of the religious courts, there is a conflict between the previous rules contained in the hadith, the consensus of the scholars and the compilation of Islamic law, which expressly states that non-Muslims do not have the right to inherit the property of Muslims. heirs due to different religions and is not expected to have a binding will as determined by the Supreme Court. If we look at the decision, it is a legal development in the interest of justice and legal certainty for today's very diverse society.
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
ILMU SKIL VERSI HADIS RASUL
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.v2i1.1515

Abstract

Angel of Jibril submit apocalipse to Prophet of Muhammad is obliged to be knocked by heart that way sunnah juag. Prophet of Muhammad isobliged to submit  him to its Friend iswho him him it on that. Friend accompanying itisobliged to submit him it to other friend, application of hadis submit from me although one sentence, and obligation of us isto submit non hushing its membership. That way further hitherto ought to. Hence him  all friend there iscapable to work uisa 15 year. Non reached by impossible of SDM ready to work age 15 year. Make inwrought curriculum among between informal formal education and nonformal. All required prodi isobliged to there isissame module, each;every module there must be result of record and entered included to issame website. Each;Every prodi isobliged to 50 % education of religion as according to student religion. Transfer  all PNS and non PNS woman become informal Teacher. Labouring comparison of Teacher and maximal pupil 1:10. Opening required prodi so that to be reached byage 15 year of is who is  job activity . To which not yet will ready to work to continue to next ladder, as researcher energy to ladder in its its his. Government ready to promise to to open required byemployment islocal opened prodi

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