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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 6 Documents
 1 
Search results for , issue "Vol 3, No 2 (2017)" : 6 Documents clear
AZAS LEGALITAS DALAM HUKUM PIDANA ISLAM
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.v3i2.1467

Abstract

This study is started by a research about the importance of legality principle which is as a prior principle in Islamic civil law. The legality principle is stated by Paul Johan Anselm von Feurbach. At least the legality principle is locked in postulate “mullum dellictum nulla poena sine praevia lege poenali” that there is no criminal offense before the former criminal constitution. And actually Islamic law has adopted this principle formerly. It is proven by the legality principle printed implisitly in Al-qur’an or some hadits.
PERCERAIAN KARENA KETIDAKHARMONISAN RUMAH TANGGA YANG DIDASARI KAWIN PAKSA
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.v3i2.1561

Abstract

Based on this research, the results obtained that the case of divorce is called divorce on the basis of forced marriage in case Number 348 / Pdt.G / 2011 / PA.Psp is that the Petitioner sued the Respondent on the grounds that during the household life the Petitioner and Respondent had never living in harmony because of marriage between the Petitioner and the Respondent at the insistence or coercion of the Respondent's family. The Petitioner gave a statement to the Judge that the marriage of the Petitioner and the Respondent was not from the wishes of the Petitioner himself but rather from coercion or pressure from the Respondent's family, then the Petitioner also gave a witness to the judge to corroborate the Petitioner's statement that the Petitioner was indeed forced into marriage
IMAM SYAFI’I DAN PEMIKIRAN SINTESISNYA; STUDI ANALISIS PEMIKIRAN IMAM SYAFII DAN PENGARUHNYA TERHADAP PERKEMBANGAN DISKURSUS KEISLAMAN
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.v3i2.1468

Abstract

Imam Syafi'i schools including one of the founders of Islamic jurisprudence is very intelligent. No less than some of the treasures of Islamic scholarship controlled, ranging from classical fiqh thought, Kalam, politics (siyasa) Islam, study the Koran (Ulumul Qur'an), hadith. He left many works in various Islamic literature, his works about the prophetic narrations, and ar-Risalah which became the prototype book of philosophy of Islamic law (usulfiqh).Imam Syafi'i that ideas are very large, so the scholars classify him as a mujtahidmustaqil, the mujtahid who do not rely ijtihad to anyone. He is one mujtahid who has most followers throughout the history of Islam until today.The main basis of Imam Syafi'i foothold in setting madzhabnya is a balance between the synthesis and the establishment of a law based on the principles of textual (al-Qur'an and hadith) and the rules of the ratio (qiyas) .Sintesis generated by Imam Shafi'i was built based on some rules raw between the various theories of classical fiqh and its methodology to obtain a legal enactment. The aim is to find out which of those opinions that are closer to the truth and which are consistent with the objectives of sharia itself (maqashidshari'a).Imam Syafi’i, Thought synthesis
PERSEPSI MASYARAKAT DI KECAMATAN ANGKOLA BARAT TERHADAP PEMBAGIAN HARTA WARISAN BAGI ANAK PEREMPUAN DALAM ADAT TAPANULI SELATAN
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.v3i2.1565

Abstract

The problem in this study is how the implementation of the distribution of inheritance for girls and what are the causal factors of girls do not get a share of inheritance in the Angkola Barat sub-district in terms of applicable customary law. Based on the results of the above research, the results show that the distribution of inheritance for girls in the Angkola Barat sub-district according to customary law from the results of interviews and questionnaires to the community of Angkola Barat sub-district can be assessed that Angkola Barat Subdistrict has not implemented the distribution of inheritance for girls according to Islamic law, but still uses customary law. So with this the Angkola Barat community still uses customary law in terms of the distribution of inheritance and still excludes Islamic law because it is a hereditary habit. The law used in completing the inheritance is only still using customary law. This is due to the strong influence of culture and customs and the lack of public understanding of Islamic law.
EKSISTENSI URF DALAM KOMPILASI HUKUM ISLAM
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.v3i2.1469

Abstract

Islam is a religion that regards the society tradition and convention as the source of Islamic jurisprudential law with improvements and certain limitations. So that, it is very important for moslemsto know and carry out with devotion one of the methods of UshlFiqh to analyze deeply urf in society life which grow along with the current development.
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.

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