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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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KELUARGA SAKINAH PERSPEKTIF MAHASISWA YANG SUDAH MENIKAH Hasiah .
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.v7i1.4615

Abstract

We find that in almost all public and private universitiesin Indonesia, several married students are found. Students who decide to get married eill be facedwith conditions where they should be contrindicated to complete academics, graduate early, then get a job, must be able to manage time, shareenergy and take care of the family. Students wh get married while in college, of course have strong reasons, have the motivation and drive to get married durring their studies.In this study, researchers used a qualitative descriptive methode with data collection techniques through observation, interviews or direct interviews with informants. Sampling conducted by researchers with purposive sampling. And the focus of this research is the Padangsidimpuan State Islamic Institutestudents who are registered as active and marriedstudents.The results of the study informed that the motivation of students who got marriedat the timeof study was fear of sin, the existence of compatibility and mutual need, feeling that they had been obliged to marry (old enough), there was guidance from others.
ANALISIS KAFA’AH PERSPEKTIF UNDANG-UNDANG DI INDONESIA SYIRIA DAN FIKIH KONVENSIONAL ahmad sainul
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.v9i1.7806

Abstract

One of the orders for people who want to get married in Islam is to pay attention to the equality of positions between husband and wife (kafaah). Equality is also called balance, which means complementing one another, so as to create harmony between husband and wife. This equality includes education, material, and religion. If this is lame, then there is a fear of being arbitrary and assuming the partner is one-sided. For this reason, some Muslim countries are very concerned about kafa'ah, including Indonesia and Syria. Indonesia, for example, in the Compilation of Islamic Law, kafa'ah is regulated in Chapter X concerning the prevention of marriage. The article states that not being in confederation cannot be used as a reason to prevent marriage, except for not being confederation because of religion or ikhtilafud din. This means that laws in Indonesia do not strictly regulate kafa'ah for physical or material matters. Kafa'ah becomes a big problem and can even be canceled when one partner has a different religion. As for Kafa'ah in Syria, it is regulated in a separate sub-chapter in The Syrian Code of Personal Status in 1953. Kafa'ah is regulated in the 4th part of the 2nd chapter, articles 26-32. The rules regarding kafa'ah read: Kafa'ah between husband and wife is a must in the Syrian state. Kafaa'ah is again regulated in Law No. 34 of 1975 which is a renewal of the previous Law. In this law kafa'ah is regulated in a certain chapter as well, namely part 4 of chapter 2, Articles 52-56. This law says that: in marriage, it is required that there be kafa'ah between the bride and groom, if it is not fulfilled then one of the parties can apply for an annulment of the marriage. Conventional fiqh as a legal reference says that, for example Hanafiah's opinion, the criteria for kafa'ah are lineage, Islam, profession, self-independence and wealth. The criteria for kafa'ah according to Hanafiah tend to be the same as those of Hanbali, except that independence is added. The wealth referred to by the Hanafi school is the ability to pay a dowry and maintenance. Besides the concept of wealth, there is also the concept of character which is the object of kafa'ah. The Hanafi school of thought only considers that character is not an absolute object of kafa'ah. If the prospective husband really shows wickedness, then this becomes a benchmark for kafa'ah in marriage. ¬Asy-Syafi'i¬ argues that the criteria for kafa'ah are nationality or lineage, quality of religion, self-independence and business or profession. ¬Asy-Syafi'i¬ added the criteria for a prospective husband, namely not having a disability.
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.
Karakteristik Negara Islam; Kajian Awal Ide Negara Abul A’la Maududi Syafri Gunawan
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.v5i2.2079

Abstract

The idea of Islamic state has been well-known among Islamic scholars for years. Abul A’la Maududi is one of Islamic state founders. He stated that a good state is al-Kulafa’ al-Rasyidin’s state of te time. That is a state aims to apply Islamic ideology. Moreover, that should take the following principles; tauhid, risalah, and khilafah. Consequently, Allah Al-mighty is the super power then, where as human is His khalifah in the world.In conclusion, he stated that Islamic state is teo-democracy, ideological and universal state
PENGUASAAN HARTA SEBELUM PELAKSANAAN FARAID DI DESA PURBA BARU KECAMATAN LEMBAH SORIK MARAPI KABUPATEN MANDAILING NATAL Muhammad Ridwan Pasaribu, Fatahuddin Aziz Siregar Muhammad Arsad Nasution
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.v6i2.3259

Abstract

This article describes the control of inheritance that has not been divided in a faraid science, because there are some people who postpone the distribution of inheritance according to Islamic law so that often there is unilateral control over inheritance. So the question here is why this happened and what is the community's reasons for this case. To answer this problem, the authors used a field study, namely interviewing directly the parties concerned, especially those in Purba Baru Village, Lembah Sorik Merapi District, Mandailing Natal Regency as a sample. From the interviews the author conducted, we got the answer that this case occurred due to the lack of public knowledge about the science of faraid accompanied by certain reasons so that one-sidedly controlled the inheritance before it was distributed to the heirs, sometimes even selling the inheritance that had not been distributed due to meeting needs daily life, for the cost of a child's wedding reception, or to treat a child.
PENGARUH KESADARAN HUKUM MAHASISWA TERHADAP KEPATUHAN HUKUM TENTANG PERATURAN PERUNDANG-UNDANGAN PLAGIASI TERKAIT KARYA TULIS ILMIAH Khoiruddin Manahan Siregar
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.v9i2.10037

Abstract

The fact that IIPA (Imternational Intellectual Property Alliance) launched shows a decrease in plagiarism violations to the Watchlist from the previous 2003 access in the Watchlist category. This false rejection is most effective because law number 20 of 2003 concerning the national education system article 25 paragraph 2 and article 70 regulates sanctions for those who commit plagiarism, especially people who are in the educational environment. Usually, the maximum law-abiding society comes from among highly educated people consisting of students. The application of behaviors and ideologies tends to decline from higher levels to lower levels. This research uses quantitative methods with a descriptive and explanatory approach, which describes more than a few variables that are admired with complexity and units under which they are observed and explains the relationship, influence or difference between one variable and every other variable. The population in this review, students of the Constitutional Law Study Program, Faculty of Sharia and Legal Sciences, Syekh Ali Hasan Ahmad Addary State Islamic University, Padangsidimpuan in the even semester of 2022. The sample in this observation became 100 people. The findings of observations show that legal awareness of legal compliance has a significant and positive influence.
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. 
KEAMPUHAN AYAT AL-QUR’AN SEBAGAI SARANA PENGUSIR SETAN (ANALISIS BUKU SENJATA SPRITUAL SANTRI) Muhammad Shulhi Alhadi Siregar
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.v4i1.1423

Abstract

This paper attempts to examine how the process of transmitting and transforming the Qur'an in the book "The Spritual Weapon of Santri" which became a recommended practice for the santri. Because in this book the author tries to collect or write a deed-quoted from the Qur'an and hadith. But on the other hand the author tries to focus on the part about how a practice can fortify itself from temptation and satanic disorder and because the most dominant of the deeds is the verses of the Qur'an, it will be the study of Living Qur'an. How the verses of the Qur'an are only limited to the message that Allah sent to the Prophet Muhammad, became a daily deeds that can be used to guard against the disturbances of supernatural beings.
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
PENOMENA TA’ARUF ONLINE; ANALISIS ISTISHAB DAN MASLAHAH MURSALAH Ahmad Soleh Hasibuan
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.v7i1.3813

Abstract

This paper discusses the phenomena that occur in cyberspace or what is known as the digitalization era, namely the ta'aruf process that uses online applications that need to be seen from a legal point of view, in this case using the method of ushul fiqh Istishab and Maslahah Mursalah. The method used in this paper uses the empirical method by looking at the developments of habits that occur in today's society, as well as by using data analysis contained in internet applications that develop in society. From an istishab perspective, the practice is legally permissible, although the practice of ta'aruf is carried out online from various social media such as Websites, Instagram, Facebook and others. That there is no argument that prohibits the practice of online ta'aruf and the online ta'aruf process does not conflict with Islamic law. The practice of ta'aruf online also has benefits that can be used by men or women who have difficulty getting a partner. However, in addition to the benefits, there are also obstacles and shortcomings that must be considered, including the rules for online ta'aruf participants and strict rules on the identity and profile of online ta'aruf participants

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