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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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Persepsi Masyarakat Kota Padangsidimpuan Tentang Program Ma’had Al-Jami’ah Iain Padangsidimpuan Agustina Damanik
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 2 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i2.2096

Abstract

This study a problem ofpower in Islamic politics. The main problem in this paper is how power. Ulama and Umara in the structure of Islamic politics, through content analysis and conceptual approach it is gained an understanding that power comes from God and no one has absolute power. But that power is delegated to humans as representatives og God on earth who are given orders to establish a just government and realize shared prosperity. With this concept of power there is no longer a contradiction between the power of good and the human need for government. Ulama adn Umara in he structure are those who are required by teh Quran as ulu al amr or those who govern and must be obeyed because they consist of people who are elected and fulfill complementary requirements such as trustworthiness, courage, strength, common sense, and knowledge of knowledge, it is hoped that they will be able to become role models for all levels of society. They act as interpreters of rules that are not yet clear in the Quran and at the same time as supervisors af the contitutionality of goverment and administrator rules in order to convince the people that these rules do not violate the Shari’a. while the Umara or the goverment applies sharia laws.
TELAAH SOSIOLOGI HUKUM TERHADAP FENOMENA TALAK DI LUAR PENGADILAN AGAMA Fatahuddin Aziz Siregar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7974

Abstract

The purpose of this study is to examine the phenomenon of divorce that occurs outside the Religious Courts, especially in Bangun Purba Village. Then describes the practice of divorce in the Bangun Purba community in terms of Sociology of Law. While this type of research is field, which uses a qualitative approach. While the primary data collection methods, namely observation, interviews and documentation. To examine more deeply, researchers use legal system theory which is categorized into three types, namely legal substance, legal structure and legal culture. The results of this study indicate that the occurrence of divorce outside the Religious Courts was caused by ordinary matters and was not questioned by positive law. In addition, according to three respondents, the method of divorce that was carried out was familial (custom), namely through intermediaries, and partly witnessed directly by their respective families.
PANDANGAN HUKUM ALI AS-SHOBUNI TENTANG PERCERAIAN Desri Ari Enghariano
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.v7i2.4732

Abstract

In this era of covid-19, divorce does not only happen to ordinary muslim household or celebrities. But also happens to the household of scholars who become public figures for the people. There is even a famous cleric who has dropped three divorces on his wife and there is also a popular cleric who divorced his wife in a relatively short marriage age, so that these problem has implications for the emergence of a negtive stigma against them. The fact is that for some people, divorce is the last alternative to end marriage. According to them, divorce is something that is taboo, disgraceful, and embarrassing. Evem though the scholars have explained that divorce is permissible ini Islam. Even under certain conditions divorce is a remedy, solution and them main choice, not the last alternative.One of the contemporary scholars who is concerned with examinig the issue of sharia law on divorce is Muhammad Ali al-Sabuni in his bokk Tafsir Verses of Law. There foe, this research will describe Ali al-Sabuni’s legal views on divorce; in the form of the etymological meaning and terminology of divorce, the legal basis fo divorce, conditions for divorce, kinds of divorce, the period od iddah of the wife after divorce, about three divorces, and the wisdom of divorce. The method used in this research is thematic method. The results of this research explain the meaning of divorce is ending marital status. The legal basis for divorce is the Qur’an, hadis, and ijma’. It is permissible to get a divorce if there is no harmony, the marriage is defiled, the spouse suffers from infertiliy, and infectious diseases. The are two kinds of divorce; namely raj’i and ba’in. The iddah of a wife who is not pregnant and still menstruating is three times sacred, the iddah of a pregnant wife is until she gives birth, and the iddah of a wife who has not menstruated or is monopause is three months
KEDUDUKAN PENGADILAN TATA USAHA NEGARA DI INDONESIA Khoiruddin Manahan Siregar
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.v6i1.2515

Abstract

This paper describes the State Administrative Court in Indonesia, then the main focus in this paper is regarding the position of the State Administrative Court institution in Indonesia. So to answer this main focus here the author uses the method of library study by tracing references relating to the topics discussed in this paper. The findings in the search conducted by the writer are that the position of the State Administrative Court has a strong position in solving the problems of state administration.
TINJAUAN YURIDIS PELAKSANAAN ISBAT NIKAH DI PENGADILAN AGAMA LUBUK PAKAM DALAM PERSPEKTIF HUKUM POSITIF Asrinawati Oktavia Siregar; Randi Hadamean Batubara
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.v9i2.9562

Abstract

This study examines the phenomenon of Isbat Nikah (legalization) in the Lubuk Pakam Religious Court. Interestingly, the Lubuk Pakam Religious Court experienced problems in implementing Isbat Nikah activities based on PMA Number 1 of 2015. After the enactment of Law / 1/1974 on Marriage, some people did not register their marriages before the Office of Religious Affairs. Not only that, there was also found in the field that lost the Marriage Certificate. This type of research is normative law, which will examine the laws and regulations regarding marriage. While the source of data in this study is positive law in Indonesia. Such as, Law / 1/1974, and KHI. It can be concluded that there are several factors for applying for Isbat Nikah at the Lubuk Pakam Religious Court, including: 1) due to loss of marriage certificate, 2) to arrange divorce, 3) to get married before the enactment of Law / 1/1974. The issue of recognition of having been married under the law can be submitted by filing an application with the Court. One of the reasons the judge decided the Isbat Nikah case at the Lubuk Pakam Religious Court was because it had permanent legal force, namely the applicant who filed the Isbat Nikah case in the Court.
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.
PEMBAGIAN WARIS SAMA RATA ANAK LAKI-LAKI DAN PEREMPUAN PERSPEKTIF MASLAHAT DAN KEADILAN ISLAM: Analisis putusan 3052/Pdt.G.2010/PA.Kab.Malang Muhammad Nasrulloh; Doli Witro
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.v7i2.4350

Abstract

The Religious Court of Malang Regency decided to divide the inheritance equally between sons and daughters. This certainly deviates from the sound of Article 176 KHI and the Koran in Surah an-Nisa’ verse 11, which states that the male share is two to one female share. The judge’s decision was based on the hadith of the apostle, which reads equalize in giving to sons and daughters and refers to article 183, which contains peace in distribution. This research is analysis-based normative research that seeks to examine the decisions of the Religious Courts in terms of benefits and Islamic justice. This study concludes that the judge’s decision is weak. Because the basis of the argument for article 183 is final and binding. At the same time, this case did not find a consensus. In addition, there has been no elaboration regarding the share of each heir before the agreement as mandated by Article 183. The judge’s decision is classified as biased because it annulled the principle of balanced justice without being confirmed by social facts and family culture. Judges tend to beat the average regardless of the attributes of the family heirs. This further strengthens the judge’s decision which is easily broken if brought to the appeal table.
JUSTICE COLLABORATOR DALAM TINDAK PIDANA PEMBUNUHAN PERSPEKTIF MAQASID SYARIAH Ismail Pane; Mara Ongku Hsb
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7420

Abstract

Crimes such as murder and loss of a person's life are unlawful acts that are very contrary to humanity and justice in the Supreme Court circular letter number 4 of 2011 concerning justice collaborators (actors of witnesses who work together) will get legal remissions which are still limited to cases such as corruption, terrorism, narcotics, money laundering and human trafficking. The research method is a normative juridical descriptive method, namely the object of research related to the applicable laws and policies. The research results in the Supreme Court circular letter no. 4 of 2011 justice collaborators for the crime of murder are not clarified in the circular letter as a guide for judges to decide on a choice of criminal acts of murder while murder cases really need to be resolved with justice collaborators, maqasid sharia hifzul nafs (protecting lives) is a state commitment and Islam forbids killing.
TINJAUAN TENTANG BAGIAN AHLI WARIS YANG MENOLAK DALAM PERSPEKTIF HUKUM PERDATA BW
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.v2i1.1513

Abstract

Based on the constitution, basically everyone has right to accept heir as stated in the regulation or wills. It means that no one comes into the world without right to accept heir. The chance to accept heir is automatically accepted by the heir firmly even secretly to get the property itself. But the other hand, the fact is different. Some people try to reject the heir. The cause is not really clear explained. But there must be something wrong or serious problem happen, so that someone think hard and consider investigating the property before accepting it. The rejection is set in the regulation which explains about the rejection. All these problems need to be discussed to understand civil inheritance law deeply..
PENERAPAN PROGRAM (CORPORATE SOCIAL RESPONSIBILITY) DALAM PERSPEKTIF ENTERPRISE THEORY DAN PRINSIP HUKUM EKONOMI SYARIAH DI PT. BANK SYARIAH INDONESIA Ramadhan, Ahmad; Siregar, Ihsan Mulia
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.v10i2.13469

Abstract

Corporate Social Responsibility (CSR) refers to all relationships that occur between companies and all stakeholders, including customers, employees, communities, owners, governments, suppliers and even competitors. CSR is a concept in which Bank Syariah Indonesia (BSI) voluntarily contributes something towards a better society and a cleaner environment. This study aims to analyze the Implementation of Corporate Social Responsibility in the Perspective of Sharia Enterprise Theory at Bank Syariah Indonesia KCP. Gunung Tua. This research uses qualitative methods, using primary and secondary data, through documentation techniques and conducting interviews with the parties concerned (informants). This research was conducted by analyzing the suitability of the implementation of Corporate Social Responsibility (CSR) at BSI KCP. Gunung Tua with the perspective of Sharia Enterprise Theory. The results of this study indicate in the implementation of CSR at BSI KCP. Gunung Tua cooperates with the National Amil Zakat Institution Bangun Sejahtera Mitra Umat (LAZNAS BSM). Concept and Implementation of Sharia Enterprise Theory at Bank Syariah Indonesia KCP. Gunung Tua includes; Vertical Accountability, Horizontal Accountability (Direct Stakeholders and Indirect Stakeholders) and Horizontal Accountability (Nature).    Broadly speaking, Corporate Social Responsibility carried out at Bank Syariah Indonesia KCP. Gunung Tua is in accordance with the concept of Shariah Enterprise Theory. According to the view of Sharia Economic Law, CSR is in line with Islamic understanding of how humans should care about society and the environment. According to Islamic economic law, there are several principles that apply in CSR programs, including the principle of permissibility (mabda' al-ibahah), freedom of contract (mabda' hurriyyah atta'aqud), consensual / agreement (mabda' ar- radha 'iyyah), binding promises (mabda' at-tawazun fi al mu'awadhah)

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