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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 8, No 1 (2022)" : 6 Documents clear
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.
PRADIGMA HUKUM ISLAM DAN HUKUM POSITIF PADA PERKAWINAN DIBAWAH UMUR TANPA IZIN ORANGTUA Sawaluddin Siregar
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.v8i1.5692

Abstract

In this article the author will examine the regulation of underage marriage without parental consent. The author explains through the eyes of Islamic law and positive law. What are the legal consequences for underage marriages without parental consent? While the research method carried out by the author is through a normative juridical approach. That refers to the norms contained in Islamic law and positive law. While the nature of this research is analytical descriptive.The results of the study explain that underage marriage without parental consent in Islamic law and positive law cannot be justified. This means that these two laws prohibit underage marriages from taking place without parental consent. The legal consequences are both null and void. The difference between Islamic law and positive law in terms of marriage is the setting of age limits and the granting of parental consent. 
Pembagian Harta Warisan Berdasarkan Pertimbangan Ekonomi Ahmad Sainul
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.v8i1.5551

Abstract

Islamic inheritance law is one of the sources of legal inheritance which regulates the affairs of a person who has left his property because he has died and that property will fall to the person who has rights.Soepomo said that the inheritance law makes regulations that regulate the process of directly transmitting and obtaining property and intangible goods from a generation of people to their descendants. This process has started while the parents are still alive. The process does not become acute due to the death of a parent. Indeed, the death of a father or mother is an important event for that process, but in fact it does not radically affect the process of succession and transfer of property and immovable property.A person has been designated as an heir because between the heir and the heir have a relationship of marriage, kinship and liberate slaves. Basically, most of the people prefer to solve inheritance problems by conducting family deliberation even though there have been stipulated rules in the Qur'an and al-Hadith. Basically, this family deliberation system is also allowed in Islamic law. However, there are exceptions in it if a dispute occurs during deliberation which results in an inheritance dispute
Electronic Public Summon In Civil Procedure; In Effort To Quit The Colonial Heritage Bagus Sujatmiko
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.v8i1.5191

Abstract

The court summon is the first spearhead of the entire trial process, especially for the civil cases. Court summon has an essential role, even the summon process may decide the legitimation of a trial that conducted by the judge. The court summon is conducted in order to inform the parties when they should appear before the judge. It becomes important due to its impact to the parties’ life fate, either its right over goods or its legal status on a family. Therefore, the laws shall ensure that every person shall know whenever their rights being challenged before the court. In civil cases the court summon is regulated under Article 390 HIR (718 RBg), which is one of its kind is known as public summon. The legal basis to conduct the public summon in last 170 years has not been changed, only public summon in certain case that amended, such as in divorce case. Even then, the change does not really change the summoning process, the summoning still conducted by using a announcing paper that put in the government building and announcing through conventional media mass such as newspaper, radio or television. However nowadays, this kind of media has been left by the people, their popularity has been stolen by the internet like youtube, facebook, Instagram and etc. The Supreme Court (Mahkamah Agung, hereafter as “MA”) shall adapt to this era, MA shall re-innovate the way public summon conducted in last 170 years, by using the innovation of the 21th century which is the “internet”, by using the “Electronic Public Summon”
Marlojong Tradition On The Islamic Law Perspective Syapar Alim Siregar
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.v8i1.5609

Abstract

This article describes the tradition of marlojong (elopement) perspective of Islamic law. The focus of research in this article is in Padangsidimpuan district of Angkola Julu, Padangsidimpuan, North Sumatra. Marlojong tradition is a marriage performed by a man bringing a woman to his parents' house to be his wife without being known by the female master. Marlojong marriage occurs because the mother of the woman does not give her blessing to her child in choosing a soul mate chosen by her own child. There are some negative impacts for those who do marlojong marriages in the process: For parents, especially parents of women marlojong marriage will get a poor image. Based on the results of the examination, it can be concluded that the practice of marlojong marriage that occurred in Padangsidimpuan Angkola Julu District and carried out by young Muslims Batak Angkola tribe is a practice marriage that is contrary and not in accordance with Islamic sharia. In addition to marlojong marriage has existed from the past and until now still exists, and then this tradition belongs to urf al-fasidah. Urf al-fasidah is a habit carried out by man but contrary to syara‟, legalizing the haram, or rescinding obligations.
KEDUDUKAN CUCU DARI PIHAK PEREMPUAN DALAM KEWARISAN ISLAM Agus Anwar Pahutar; Neila Hifzhi Siregar; Hendra Gunawan
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.v8i1.4824

Abstract

This paper discusses how the differences between the scholars regarding the position of the grandchildren of women in the acquisition of inheritance in Islam. Because, one of the goals of inheritance is the creation of justice for every heir. However, it is not uncommon for the distribution to happen things that cause the goal of justice not to be achieved. For example, the position of a woman's grandchildren in obtaining inheritance. This is because there is a difference in the understanding of the position of the grandchildren of the woman in obtaining inheritance as zawil arham and a substitute heir.This research is a research library research, using qualitative methods with descriptive analysis, then elaborated by the inductive method. This is done in order to know the opinions of the scholars regarding the position of the grandchildren of women in obtaining inheritance, so that the rationale for patrilineal inheritance and bilateral inheritance is clearly known in Islamic inheritance law.So, based on the research results revealed in this study, it can be described that the position of the grandchildren of the woman in acquiring inheritance is as zawil arham and a substitute heir. So the granddaughter of the woman will inherit as the inheritance received by her mother who died earlier than the heir.

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