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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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Peluang Dan Tantangan Penerapan Hukum Pidana Islam Di Kota Padangsidimpuan Hendra 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.v5i2.2080

Abstract

This paper will export the opportunities and challenges of the application of Islamic criminal law in Padangsidimpuan City, in which this writer uses a qualitative method by direct observation to the field by interviewing people and community leaders, sub-district heads, and community organizations. In this paper we find information about the application of Islamic criminal law in the City of Padangsidimpuan apparently lacking opportunities but more challenging because the population of the City of Padangsidimpuan consists of several recognized religions in Indonesia.
OVERCRIMINALIZATION DALAM PERATURAN PEMERINTAH NOMOR 9 TAHUN 1975 Adi Syahputra Sirait
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.v6i2.3292

Abstract

This paper aims to analyze and explain how the state criminalizes through government regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage which is basically an administrative law, therefore it is not allowed to regulate or create constitutional rules. and contains criminal provisions that have the potential to cause overcriminalization. As a normative legal research, this paper uses a conceptual and statutory approach (State Approach). The results of this study concluded that overcriminalization is the criminalization of acts that are not reprehensible and do not fulfill the principle of lex certa, as well as criminalization of pure administrative violations and their threats are not proportional to the seriousness of the alleged offenses.
PERLINDUNGAN HUKUM MELALUI PRANATA SURAT TUMBAGA HOLING DALAM MASYARAKAT BATAK ANGKOLA Sormin, Ihwan; Khairunnisa, Maulida; Suciana Rambe, Dinda
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.v10i1.9936

Abstract

This research analyses how the state protects the existence of surat tumbaga holing institutions as a costitutional right of the Angkola Batak community. This research is a normative legal research that is normative empirical in nature which is legal research to find legal rules in the principle of surat tumbaga holing in accordance with the principles of the Indonesian legal system. Primary data used are legal materials from the library and laws and regulations related to legal protection, social structure and local wisdom. To support this data, secondary data is added from the behaviour and values that live in the Angkola Batak community as a living legal norm. The theory used as an analysis knife in this research is Eugen Erlich's legal sociology, where Erlich sees positive law on the one hand and the law that lives in society on the other. Erlich sees that positive law will be effective if it is in line with and incorporates the values and laws that live in society. The results show that the tumbaga holing letter also has a role in resolving problems or criminal acts that occur, such as adultery, domestic violence, verbal insults, defamation or slander, as well as other criminal acts such as theft that can disrupt public welfare. In addition, the sanctions given as punishment to perpetrators involve actions such as being expelled from their customary community, paying a fine to the victim, apologising to the victim or their family in the presence of customary elders, as well as being obliged to cover all food costs incurred during the settlement of the crime. This reality is guaranteed by the state through Article 18 B paragraph (2) which ensures that the state protects, respects and recognises customary law communities and their traditional rights if they are still alive, in accordance with the principles of the Unitary State of the Republic of Indonesia and implemented through legislation. While juridically, it is determined that judges and constitutional judges as law enforcers are obliged to always follow the development of legal values and community justice in adjudicating and deciding cases before them as contained in the judicial power law.
DINAMIKA PENAFSIRAN PRINSIP KEPENTINGAN TERBAIK DALAM PERKARA HAḌONAH DAN RIDDAHNYA PIHAK PENGASUH Ali Akbar
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.v8i2.6113

Abstract

This study aims to obtain different results, judges in the Religious Courts view riddah in resolving post-divorce conflict cases and information with the determination of Islamic law. The approach used is empirical juridical which aims to examine practice in the form of decisions by referring to legal norms and the basis for legal considerations regulated in regulations. The data sources of this research use several decisions of the Religious Courts, laws and regulations, especially laws and primary legal materials. The results of the study show that the understanding of parenting is contained in the terms in Fiqh and in the Laws, which emphasize the welfare of the child with the caregiver being able to fulfil all the rights of the child. from the cases that have been explained that the judge has a subjective view in making decisions which ultimately fulfil the rights of the child.
PROFIL USMAN BIN AFFAN DAN PEMERINTAHAN NEPOTIS Syafri Gunawan
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.v4i2.1424

Abstract

Usman bin Affan was come from a noble family of Quraish. Since childhood he was known to have an admirable character, gentle, forgiving and wara '. He also included one of friends who provide material assistance to Islamic interests and fight for the establishment of Islam. He was known as one of the Khulafah Rasyidin. Six years from 12 years of his goverment appeared to feel disappointed among the Muslims. Among the factors that disappointment wa his wise to point his family to be a high position. Therefore, he was accused as a nepotistic. The appointment of state officials from among his family, not without reason. Usman lift them as state officials was that they were competent for the position and was based on the calculation and careful political wisdom to uphold and strengthen the position of amir al-mu'minin as the holder of the leadership of the country. With the two differents assessments it, then it could be said to have occurred misinterpretation of historical data
PERSEPSI MASYARAKAT DI KECAMATAN ANGKOLA BARAT TERHADAP PEMBAGIAN HARTA WARISAN BAGI ANAK PEREMPUAN DALAM ADAT TAPANULI SELATAN
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.v3i2.1565

Abstract

The problem in this study is how the implementation of the distribution of inheritance for girls and what are the causal factors of girls do not get a share of inheritance in the Angkola Barat sub-district in terms of applicable customary law. Based on the results of the above research, the results show that the distribution of inheritance for girls in the Angkola Barat sub-district according to customary law from the results of interviews and questionnaires to the community of Angkola Barat sub-district can be assessed that Angkola Barat Subdistrict has not implemented the distribution of inheritance for girls according to Islamic law, but still uses customary law. So with this the Angkola Barat community still uses customary law in terms of the distribution of inheritance and still excludes Islamic law because it is a hereditary habit. The law used in completing the inheritance is only still using customary law. This is due to the strong influence of culture and customs and the lack of public understanding of Islamic law.
METODE STIFIN SEBAGAI ALTERNATIF DALAM MENCEGAH TERJADINYA PERCERAIAN DI KOTA MEDAN Uswatun Hasanah
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.v7i1.3814

Abstract

Perceraian menurut ketentuan hukum nasional tidak dapat dilakukan di luar Pengadilan. Artinya bahwa perceraian dikatakan sah apabila diikrarkan di hadapan hakim Pengadilan (Pasal 39 ayat 1 UUP jo Pasal 65 UUPA jo. Pasal 115 KHI). Hal tersebut sesuai dengan prinsip dalam perundang-undangan No. 1 Tahun 1974 tentang perkawinan, yakni salah satu wujud prinsipnya adalah untuk mempersulit terjadinya perceraian. Adapun salah satu upaya untuk mewujudkan prinsip perkawinan adalah melalui Undang-Undang yang mengamanahkan kepada para hakim dalam setiap sidang perkara wajib terlebih dahulu untuk mendamaikan pasangan yang ingin bercerai. Terbukti bahwa setiap pasangan yang ingin bercerai akan melewati proses mediasi terlebih dahulu.
ANALISIS FATWA MAJELIS ULAMA INDONESIA (MUI) DENGAN PENDEKATAN ISTISHAB Agus Anwar Pahutar
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.v9i1.6981

Abstract

The main issue that is discussed in this paper is istishab. There are two research questions. First, does the Indonesian Ulema Council (MUI) use istishab in issuing its fatwas? If so, Second, on what issues does the Indonesian Ulema Council (MUI) use istishab? The research method is with Library Research. The results of this study show several findings, namely: The Indonesian Ulema Council uses istishab in issuing its fatwas. The use of istishab elements in the fatwa of the Indonesian Ulema Council is in matters of Family Law 1975-2010, there are 10 (ten) fatwas, namely on the issue of mixed marriages, three divorces at once, iddah death, adoption (appointment of children), marriage procedures, Mut'ah marriage, transgender status, inheritance from siblings/brothers with a single daughter, inheritance from different religions, and tourism marriage. Thus, according to the author, the Indonesian Ulema Council still tends to be conservative in issuing its fatwas. This can be seen from the dominance of the istishab method with an attitude that maintains the circumstances, habits and traditions that apply in the past for the present. So, this shows that the influence of the Shafiʻiy school is still very strong in Indonesia. This is evidenced by the fact that when issuing ijtihad in issuing fatwas, the Indonesian Ulema Council still uses istishab as a legal argument or method. Thus, the authors recommend that in issuing fatwas do not tend to be conservative. Because when it dominates, of course it has implications for the development and thinking of Islamic law in general. For example, the thought of Islamic law will find it difficult to move, as if circling in place, in the end Muslims will be considered old-fashioned and backward from other people, because they are considered unable to adapt to the times. Meanwhile, what is expected by the ummah is that MUI can become more innovative on issues that are increasingly complex and global, but without violating the teachings that have been emphasized by the Qur'an and Hadith of the Prophet SAW, in the sense that it must be within the limits set methodologically tolerated, in order to become a bridge for the advancement of the people and nation of Indonesia.
KONSEP NASAKH MAHMUD MUHAMMAD THAHA DAN IMPLIKASI TERHADAP HUKUM ISLAM Kholidah, Kholidah
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.v3i1.1445

Abstract

The concept of nasakh be the gateway for Mahmoud Muhammad Thaha, to perform evolution syari’ah. Displacement texts Madaniyah to the texts Makkiyah a certainty, that Islamic law capable to solve the problems internasional and also human righat  carried by kolonialis England in Sudan.  The texts Makkiyah is universal, substantive, protective the all mankind, equal and democratic. Whereas texts Madaniyah  becomes  established Islam  and protected the internal ummah with locally and temporarily additional rules. Some additional rules are not derived from the original sources of Islam, the Qur’an and hadith. Therefore, according to Thaha, Islamic law needs to be reformed in order to adjust it to the demands of modern time so that Islamic law play sicnificant role in the formation of humanist and democratic world. 
MEMAHAMI KEMBALI TENTANG MAKNA HADIS ORANG TUA NABI MUHAMMAD SAW MASUK NERAKA Muhammad Sulthon Mardia
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.v5i1.1722

Abstract

The study in this approach uses the study of semantic theory in the methodology of Hadith science, semantics is to analyze the relationships of signs with objects which are the container for the application of these signs. Thus, semantics can be interpreted as the science of meaning or about the meaning of language. This theory was introduced by Charles Morris and Rudolf Carnap. The language used by the Prophet. in its expression about "inna abi wa abaka fi an-nar" (actually my father and father are in hell fire), "father" in this expression is not the true meaning.

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