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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 154 Documents
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KESETARAAN GENDER DALAM PANDANGAN ISLAM Agustina Damanik
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.v4i1.1420

Abstract

In the view of Islamic law, everything is created by God by nature. Similarly human beings, between men and women as individuals and sex have their own nature. The Qur'an recognizes anatomical differences between men and women. the nature of women is often used as an excuse to reduce the various roles of women in the family and society, men are often perceived to be more dominant in playing roles, while women have a limited role in the domestic sector. Culture that develops in society also views that women as weak creatures, emotional, smooth and shy while men are strong, rational, rough and brave creatures. Strangely these differences are then believed to be natures, which are still the gifts of God. Whoever tries to change it is considered to violate nature and even oppose God's decree. The role and status of women in Islamic perspectives has always been attributed to the presence of men. Women are described as being whose existence depends heavily on men. As a child, he is under the guardianship of his father and brother, as the wife depends on the husband. Islam establishes women as husbands as husbands, as mothers who nurture and educate children and keep property and foster family ethics in the smallest government.
KEPRIBADIAN MUSLIM YANG BAIK DALAM SUROH AL-FURQON AYAT 63-75 Daulae, Tatta Herawati
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 1 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i1.1525

Abstract

The Koran is the first source in Islamic teachings handed down to the Prophet Muhammad, whose contents contain three points, namely the issue of faith, Shari'a and the story of one of the surrender in the Qur'an is Suroh Al-Fur'qon. In suroh al-furqon verses 63-75 tell the characteristics of a good Muslim personality that is walking humbly, when talking to people who do not know, he speaks safely (if people curse him badly he does not return badly but he forgives him), the person who is always awake at night, has fear of the fire of hell, always prays to avoid him, has a sense of generosity, does not associate with God, does not commit murder, does not commit adultery, always repent, always improves faith and acts pious, do not want to give false testimony (lie), do not do in vain, people who are ready to receive a good warning, people who always beg to be given family and descendants who can calm hearts and be a good example for others and have patience 
JAMAAH TABLIGH, SEBUAH FENOMENA ANTARA DAKWAH DAN KELUARGA Risalan Basri Harahap
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.v7i1.3812

Abstract

Berdakwah dalam Iastilah jamaah tabligh atau (Khuruj) merupakan perjalanan dakwah dalam bilangan waktu yang lama secara istiqomah membutuhkan pengorbanan materi saja, namun immateri. Sebagai contoh, ketika seorang karkun (karyawan Alquran; istilah Bagi Anggota Jamaah Tabligh) menyambut takaza (setelah nisabnya sampai) untuk khuruj selama 40 hari, secara sistematis ia akan meninggalkan keluarga selama 40 hari tersebut, itu artinya ia harus membutuhkan pengorbanan terhadap keluarga yang ditinggalkan, yakni pembinaan dan pemeliharaan kesejahteraan keluarga dalam bentuk nafkah secara lahir maupun batin. Nafkah dalam pengertian luas tak hanya dalam bentuk materi (sandang, pangan, papan) namun juga berupa kebutuhan keluarga akan rasa kasih sayang, penghargaan, perlindungan ataupun kebutuhan biologis seorang istri dan lain sebagainya
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.
TELAAH HUKUM EKONOMI SYARIAH DALAM PEMIKIRAN IBNU TAIMIYAH Mu'adil Faizin
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.v8i2.5972

Abstract

The role of the state in the economic growth of society can never be ignored. There is a strategic role of the state to regulate wealth nationally, to distribute wealth to all those in need. Something most people don't realize. Sheikh al-Islam Ibn Taimiyah in addition to producing works in the field of economics. His thoughts came to examine the fundamental role of the state in the economy. Ibn Taimiyah seemed to formulate the relationship between the state and the practice of sharia economics, the position of the state became closer in supervising the practice of muamalah. Based on the description above, this paper discusses Ibn Taimiyah's economic thought, in terms of its rationalization, to the strategic steps found.
HAK SUAMI DAN BATASANNYA DALAM MEMPERLAKUKAN ISTRI SAAT NUSYUZ Risalan Basri Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i2.1431

Abstract

Nusyuz is a conception of classical law of the past, what we inherit not only as part of the Islamic thought tradition has even been codified as a standard rule of law. This is reflected in the existence of several rights of the husband in cracking down on the wife who is oblivious without clear boundaries. Whereas for the wife almost has no room to defend themselves and their rights before the law in a balanced manner. Therefore, in this study as well as legal research in general, the approach used is doctrinal research in order to find the principle or doctrine of positive law that applies in relation to the problem under study, in the form of opinions and ideas from legal experts regarding boundaries. the limitation of the husband's right to treat his wife who is infamous. Then describe it in general, classify it and analyze it critically using inductive reasoning. This is because in every discussion of the issue of nusyuznya the wife often forgets the basic principle or principle as a parameter in granting restrictions on the rights and authority of the husband over the wife. Like the principle of the pattern of relations between husband and wife in Islam, the purpose of sanctions and also in seeing the legal substance of the actions of Nusyuz itself, both in terms of quality, quantity and things that trigger the problem. Nusyuz's legal issues often have a negative impact on the position of women, and can even be one of the triggers of violence against them
ANALISIS KRITIS PERAN DALIHAN NATOLU DALAM PERKAWINAN MASYARAKAT BATAK ANGKOLA TAPANULI SELATAN Risalan Basri Harahap
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.v5i1.1718

Abstract

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.
AZAN DALAM MELEPAS PENGANTIN PEREMPUAN DIKALANGAN MASYARAKAT KEC. HURISTAK KAB. PADANG LAWAS Risalan Basri Harahap
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.v6i1.2508

Abstract

This paper is an attempt to find out people's perceptions of the call to prayer in the departure of the bride in the Huristak district of Padang. The question that the author wants to answer is how is the public perception of the call to prayer in the departure of the bride in the community of Huristak district. What is the reason for the call to prayer in the departure of the bride in the Huristak district of Padang Padang.From the author's analysis, it can be concluded that the call to prayer in the departure of the bride in the community of the Huristak district of Padang Padang is aimed at informing the general public that the bride and groom will be dispatched to the groom's house, in accordance with the function of the call to prayer in the prayer namely to call on the people, then in the departure of the bride too, too.The community's reason for announcing the call to prayer in the departure of the bride is that it is not the texts that govern it both in the Qur'an and the hadiths but rather only the tradition that develops in the community because the function of the call to prayer is to cry out in the implementation
FENOMENA PENCATATAN PERKAWINAN BAGI JANDA DI KUA KECAMATAN TANAH TUMBUH KABUPATEN TANJUNG JABUNG DITINJAU DARI HUKUM KELUARGA Nindi Aliska Nasution
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.v9i2.8770

Abstract

This article aims to find out the process of registering marriages for widows in Tanah Grow District, Tanjung Jabung Regency. Uniquely, what is used instead of the divorce certificate for the prospective bride and groom is a certificate from the Village Head as a document requirement for carrying out the marriage. Meanwhile, Article 6 paragraph 2 letter (f) explains explicitly that the marriage registration procedure for widows is "having a death certificate of the previous wife or husband or in the case of a divorce a divorce certificate (divorce certificate), for marriages for the second time or more" . From this article it can be understood that if a widow wants to get married and the marriage is to be registered, then it must fulfill the existing requirements, one of which is the existence of a divorce certificate issued by the Religious Court. The type of research used is juridical research or what is called field research, namely research carried out in certain places using a qualitative approach method. Meanwhile, the data sources used are primary and secondary. The data collection methods used were interviews, observation and documentation. The results of this research show that the reasons or considerations of the Tanjung Jabung District KUA Tanjung Jabung Regency for registering the marriage of a widowed woman without a divorce certificate are: the first husband had issued a divorce, which according to the KUA was valid to continue with the iddah period having ended. Meanwhile, the pillars and conditions of marriage according to fiqh have been fulfilled. However, the administrative requirements are insufficient, namely the lack of a divorce certificate from the local Religious Court, but the prospective bride and groom replace it with a certificate from the Village Head. In this way, the KUA is not legally prevented from marrying her because one condition is lacking, namely a divorce certificate. From the KUA's considerations or reasons for all these couples, it is clear that the KUA is essentially not implementing the statutory regulations completely, this is caused by various factors. The factors that caused the KUA to issue this letter were economic factors and educational factors, because the bride and groom were classified as underprivileged, especially considering that the level of education in general in the local community was still at elementary level.
PEMBERIAN SANKSI SEBAGAI UPAYA PENERTIBAN PENCATATAN PERKAWINAN DI INDONESIA Adi Syahputra Sirait
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i2.5007

Abstract

This paper aims to analyze and explain how the Labuhanbatu law enforcers view the discourse of imposing sanctions for those who do not register marriages through government regulation number 9 of 1975 concerning the implementation of law number 1 of 1974 concerning marriages whose implementation is not effective, the method used in writing This is a descriptive qualitative approach to the law, the source of the data in this paper was obtained through interviews with law enforcers in Labuhanbatu. Labuhanbatu law enforcers are of the view that the order for registration of marriages contained in law number 1 of 1974 must be accompanied by sanctions, either in the form of imprisonment or fines, as in other Islamic countries so as to regulate the administration of marriage registration in Indonesia, because of its impact. can harm husbands, wives and children in a family, such as rights, obligations and other interests.

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