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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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DIALOG AGAMA DAN BUDAYA; MENANGKAL GERAKAN RADIKALISME DI TAPANULI Puji Kurniawan
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.v4i2.1428

Abstract

Radicalization can be seen through various media. Some are triggered by religio-political problems, inter-religious interaction and injustice. Religion is often referred to as the dominant factor in committing acts of violence. Religion which initially had a peaceful mission was reduced by acts of violence that were contrary to its teachings. Radicalism or fundamentalism is an interesting religious, social and political issue to study. Radical actions are not only labeled with adherents of Islam, but also followers of other religions such as Christianity, Judaism, Hinduism and Buddhism. Based on historical search, the phenomenon of radicalism is a symptom that occurs in almost all religions.
EFEKTIVITAS PERATURAN DIRJEN BIMAS ISLAM TENTANG KURSUS CALON PENGANTIN UNTUK MEMINIMALISIR TINGGINYA ANGKA KDRT DI KOTA TANJUNG BALAI Adi Syahputra Sirait
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.v5i1.1715

Abstract

In Islam protecting for the household is an obligation. An it’s become the foundation of Directur General for Islamic Guidance about regulations on brides course with the destination for each people in the family have knowledge and understanding on the concept of good family. Therefore, differences and miss understanding often be sources of separation and devore, since 2010 – 2017 the divorce increase so significantly especially in Tanjung Balai. This study use social legal research, it’s mean to see how the effectivieness of the bride courses in Tanjung Balai reducing the divorces and domestic violence an how should the effectiveness of the regulation for the brides. So that the divorce rate can be minimized in accordance with islamic taught an the National Law, and also the domestic violence.
EFEKTIVITAS RAZIA KENDARAAN DALAM MEMBENTUK KESADARAN HUKUM MASYARAKAT Adi Syahputra Sirait
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.v6i1.2465

Abstract

This paper aims to analyze and explain the effectiveness of the implementation of the Raids of Kenderaan carried out by the Asahan resort police for the legal awareness of the Asahan community in making a SIM (Driving License) and Vehicle Tax. This paper uses an empirical normative method with a social legal research approach, the data used in this paper are data from the Kiaaan Raid conducted by the asahan resort police since 2017-2019, data on SIM issuance and management of the Kenderaan Tax, data collection is done through interviews and documentation, then the data is analyzed so that conclusions are born. The Assault Raid conducted by Asahan Regional Police showed that there was a significant influence on the number of people who made SIMs and administered the Vehicle Tax, so that the conclusion was drawn that the Assault Raid was very effective in increasing public legal awareness in curbing the vehicle documents.
PENGELOLAAN DANA PENSIUN SYARIAH MENGGUNAKAN AKAD MURABAHAH DI BANK SYARIAH MANDIRI Khadijatul Musanna
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.v9i1.7859

Abstract

The goal of this study is to examine the mechanism of the murabaha contract as it is enforced in BSM and its applicability in the National Sharia Fatwa Council (DSN) of the Indonesian Ulema Council (MUI) No: 04/DSN - MUI/IV/2000 about General Provisions on Murabahah Contracts. The study technique employed is descriptive qualitative, with data gathering methods based on primary data acquired from Fatwa BSM and DSN-MUI official websites, as well as secondary data sourced from related articles and journals. The results of the research are that the mechanism for managing pension funds for murabahah contracts is very flexible, starting with the customer's will and BSM's approval, then BSM takes over from TASPEN and then the funds are disbursed. and the mechanism for changing the pension fund agreement has met the standardization of the DSN-MUI Fatwa Number 4 of 2000.
PROFIL KELUARGA SAKINAH MAWADDAH WARAHMAH DI LINGKUNGAN MASYARAKAT ANGKOLA SANGKUNUR KABUPATEN TAPANULI SELATAN Ahmad Sainul
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.v7i2.4733

Abstract

The family is an important primary group in society. The family is a group formed from the long-standing relationship of men and women to create and raise children. So the family in its pure form is a social unit consisting of husband and wife and immature children. This unit has certain characteristics that are the same everywhere in the community unit. The sakinah mawaddah warahmah family referred to here is a family that carries out the rights and obligations in the household.Regarding household obligations according to fiqh, it cannot be separated from material and immaterial obligations. This means that something that is visible can be seen and felt like a dowry and a living. And something that cannot be felt like educating his wife and children and getting along well.The obligations themselves vary according to fiqh, which are explained as follows: Obligations of dowry/dowry. Living. The obligation to have a good relationship with the wife. Give love and affection to the wife. While the wife's obligations to her husband or a husband's right over his wife are, among others: Obedient to her husband. Take care of yourself when your husband is not around and Protecting husband's property
CIRI HUKUM ADAT DAN KARAKTRISTIKNYA Fatahuddin Aziz Siregar
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.v4i2.1473

Abstract

In today's sophisticated era we sometimes forget the background of the birth of the law that we know in the social life environment in Indonesia and other Asian countries such as Japan as a country that is almost the same in ideological settings, namely the existence of sources where legal regulations are not written and growing and developing and maintained with the customs adopted by the community as a reference and guideline in step The background in the preparation of this paper is first to understand the terms and application of customary laws and habits in society as an implementation of social and kinship in society. Especially the Indonesian people who are still very strong today even become guidelines that cannot be separated from the current law.
Faktor-Faktor Yang Mempengaruhi Kurangnya Kesadaran Masyarakat Dalam Berkurban Dahliati Simanjuntak
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.v5i2.2095

Abstract

The people of the prophet Muhammad SAW. required to sacrifice. To remind the blessings that Allah gave to the prophet Ibrahim for being obedient and obedient to Allah and to draw closer to Allah SWT. Allah SWT prescribed the qurban worship to revive the prophet Abraham's blessing and make rizqi spaciousness for humans on the Eid al-Adha feast day. Today, during the Eid al-Adha feast, there are still some villages where there is absolutely no qurban implementation, because local people do not know the implementation of qurban law, do not know the benefits and wisdom of the qurban, consider the qurban is only focused on one person who issues the qurban, and consider the sacrifice is only limited to worship to get the reward, there are many other ways to be able to get the reward in addition to issuing qurban, which causes awareness in the community is very minimal to sacrifice, so that no qurban implementation is found on the Eid al-Adha feast day.
ANALISIS PUTUSAN HAKIM NOMOR 1642/Pdt.G/2020/PA.JP DALAM PEMBAGIAN HARTA WARIS ANTARA ANAK LAKI-LAKI DAN PEREMPUAN Muhamad Hasan Sebyar & Purnama Hidayah Harahap
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3371

Abstract

This study aims to analyze the decision of the West Jakarta Religious Court judge Number 1642 / Pdt.G / 2020 / PA.JP in the case of a lawsuit on inheritance from the perspective of Qawaid Fiqiyyah. This study uses three approaches, namely a legal approach, a historical approach and a conceptual approach. The results of this study indicate that the legal reasoning used by judges in deciding 1: 1 inheritance between boys and girls is very weak. The distribution of inheritance is not only based on how much he does, but rather on the roles and obligations assumed by each. If boys want the distribution of inheritance to be divided according to Islam, then the judge should decide according to Islamic law للذكر مثل حظ األنثيين, which is 2: 1
SENGKETA PEMBATALAN HIBAH DI PENGADILAN AGAMA STABAT DITINJAU DARI MASLAHAH Wahyuni, Wahyuni; Fatmah, Fatmah
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.v10i1.9807

Abstract

This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.
Komparasi Hukum Islam dan Hukum Perdata Terhadap Ganti Kelamin dan Konsekuensi Yuridisnya Dian Saputra; Karimuddin Abdullah Lawang
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.v8i2.6137

Abstract

Genital replacement is an interesting issue to be studied today. Especially with regard to the impact on civil rights after sex surgery is carried out. This study aims to comprehensively analyze the practice of sex change in the perspective of legislation and Islamic law and the juridical consequences of this sex change. The research method used is a normative juridical research method using data from library literature. In addition, researchers also use primary legal materials contained in the Civil Code and the Marriage Law. Data analysis was carried out qualitatively. The results of the study indicate that normatively the practice of sex change is allowed for reasons of benefit, whereas if the motivation is for other interests, Islamic teachings forbid it. The juridical consequences after sex change can occur in the aspect of marriage and the distribution of inheritance, because the Marriage Law only recognizes marriage between a man and a woman. The distribution of inheritance for people who change their genitals must be done carefully by taking into account their gender, both male and female.

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