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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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MENAKAR EFEKTIVITAS GUGATAN BALIK HARTA BERSAMA DALAM PERKARA KONVENSI PERCERAIAN DI PENGADILAN Putra Tondi Martu Hasibuan
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.v8i2.6136

Abstract

Counterclaim lawsuit is a manifestation of the implementation of a simple, fast, and low-cost judicial principle. Effectiveness is one of the goals, because both convention and counter-convention lawsuits will be examined and decided together in one decision. In the context of religious courts, joint property disputes can be filed in a reconciliation lawsuit even though the subject matter of the convention lawsuit is divorce. However, the emergence of joint property disputes through the reconciliation lawsuit erodes the main purpose of the existence of the reconciliation lawsuit itself. This research is a normative legal research conducted by examining library materials. In terms of its nature, this research is descriptive-analytic, which is an attempt to collect and compile a data, then analyzed and interpreted. To facilitate understanding, this research uses a normative juridical approach (statute approach). The type of data used is in the form of library materials consisting of primary, secondary, and tertiary legal materials. These data are elaborated and analyzed qualitatively by using inductive method. The result of of this research indicate that the existence of joint property reconvention lawsuits in divorce convention cases is less effective.  At the implementation level, there will not be a mediation process, different procedural law, and sociologically it is a trigger for unregistered marriages from the litigants.
MENELAAH HUKUM AHLI WARIS PENGGANTI DALAM ILMU FARAIDH Zulfan Ependi Hasibuan
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.v4i2.1425

Abstract

In the Compilation of Islamic Law referred to as the heirs of the clergy is in accordance with the provisions contained in article 185, namely: Heirs who died first than the heirs, their position can be replaced by their children, and the substitute heirs cannot exceed the heirs the equivalent of the one being replaced. Whereas community understanding in some cases of research about substitute heirs, namely heirs who replaced the position of the deceased father before grandparents.
OBJEK SEWA YANG DISEWA ULANG PEMILIK DI KELURAHAN SIHITANG KECAMATAN PADANGSIDIMPUAN TENGGARA KOTA PADANGSIDIMPUAN
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.v3i2.1569

Abstract

One form of muamalah that is often practiced in the community is renting or Ijarah. The essence of leasing is to sell benefits, namely the transfer of use rights (benefits) to an item and service for a certain period of time through the payment of rent / wages without being followed by the transfer of ownership of goods. The problem in this study is how the rent-leasing practice in Sihitang Sub-District, Southeast Padangsidimpuan Subdistrict, Padangsidimpuan City and how Islamic law views the object of rent that the owner leases in Sihitang Sub-District, Southeast Padangsidimpuan Subdistrict, Padangsidimpuan City. The purpose of this study is to know the practice of renting in Sihitang Sub-District, Southeast Padangsidimpuan Subdistrict, Padangsidimpuan City and to know the views of Islamic law on the object of rent which the owner leases in Sihitang Sub-District, Southeast Padangsidimpuan Subdistrict, Padangsidimpuan City.The conclusion in this study is the practice of leasing which is done by the community of Sihitang Lingkungan 1 and 2 villages that there is an object that has been leased by the owner to be rented to another person (second tenant) because of economic needs. Furthermore, the practice of renting with leasing objects that are rented by the owner by the community of Sihitang Lingkungan 1 and 2 is not in line with Islamic teachings. Because it seems detrimental to the tenant because he feels uncomfortable with the repetition of rents made by the owner of the boarding room, and the benefits of goods leased in the lease agreement must be enjoyed by the tenant, which is a commodity purchased with rent. In addition, these actions cause other people's rights takers without their permission and do not get compensation. Leases that are recommended in Islam must have the principle of fairness, honesty and truth, and mutual benefit.
PARADIGMA MAQASID SHARIAH KONTEMPORER TENTANG SANKSI HUKUM KEBIRI BAGI PELAKU KEJAHATAN PEDOFILIA Athoillah Islamy; Abdul Aziz 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.v7i1.3878

Abstract

This study aims to present a contemporary maqasid shariah perspective on the pros and cons of the polemic of the implementation of castration law for perpetrators of pedophilia crimes. This research is a qualitative research in the form of literature review. This type of Islamic law research is included in the category of philosophical normative Islamic law research with a maqasid shariah approach developed by a contemporary Islamic law expert, namely Jasser Auda. The results of the study conclude that the application of legal sanctions of castration for perpetrators of pedophilia crimes does not contradict the perspective of contemporary maqasid sharia. Such a conclusion can be seen from the following three aspects. First, the implementation of the legal sanction of kebir is parallel to the orientation of Islamic law (maqasid shariah) regarding the components contained in the development of the scope of the hifz din concept, including shari'a (law), aqidah (theology) and akhlak (moral ethics). Second, the implementation of legal sanctions for castration for perpetrators of pedophilic crimes does not conflict with the maqasid perspective in the form of mental protection (hifz al-nafs), intellectual protection (hifz al-Aql) and protection of offspring (hifz al-nasl)which are closely related to the physical and psychological conditions experienced by victims. pedophilia is in line with efforts to protect the economy (hifz mal) for victims who have suffered material losses in the recovery process.
TINJAUAN FIKIH MUNAKAHAT TERHADAP BERITA PERNIKAHAN DUA WANITA KEMBAR DENGAN SEORANG LAKI-LAKI DI TRIBUNJABAR.ID hamsah hudafi; Heri Firmansyah; Rizki Syahputra Nasution; Syahril Efendi
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.v9i1.6937

Abstract

Marriage is an attachment relationship between a man and the woman he marries based on sacred and noble Islamic values. Marriage must obey and pay attention to the laws and regulations contained in fiqh munkahat to prevent wrong and invalid marriages. The wedding incident reported by Tribunjabar.id on July 18 2022 is one of the problems of marriage that violates rules and laws. And it is not valid from the perspective of munakahat fiqh studies. This article aims to explain marriage in an Islamic perspective and discuss the law of marriage between a man and two twin girls as quoted by Tribunjabar.id using the perspective of munakahat fiqh studies. The method in writing this article uses descriptive qualitative research. The results of the analysis concluded that every marriage procession must be in accordance with established Islamic law and it is a bad behavior for a man to marry two women who are siblings at the same time based on strong arguments.
ANALISIS MAKNA UMMI DALAM ALQURAN DAN HADIS Siregar, Dame
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.v3i1.1463

Abstract

Ummi meaning is the person who does not access the book as a guide or guidance diverse, not illiterate or not good at reading. The meaning of the linguist is contradicted by the life history of the Prophet in which he was sent to the Arabs who loved the loyal year-old poetry contest in suqul 'ukazh dzil Majinnah. The greatest poem is hung on the door of the Ka'aba called Syair Mu'allaqot. Suroh al-Ankabut verse 48 is clear that the Prophet Muhammad was good at writing. In the text of Yasin verse 2 and suroh alain that there are words tanzil and anzala and tasrifnya explain that the Koran descended from Alloh not the work of the Prophet Muhammad as a reason sebahagia ulama that the Prophet Muhammad is not good at writing so that people believe that the Qur'an is not made by Prophet Muhammad. Many of the Prophet's hadiths make it clear that the Prophet Muhammad sent letters to Yemen about faroid, diyat and other problems with his own hands
Kontroversi Pembatalan Ayat Dalam Surah Al-Baqarah Menurut Ibnu Salamah Ali Sati
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.v5i2.2050

Abstract

This paper discusses the controversy over the cancellation of verses in surah al-Baqarah according to Ibn Salamah, which in this paper focuses on disputes or differences of opinion in the cancellation of verses in surah al-Baqarah. To see this controversy, the writer analyzes it from Ibn Salamah's point of view through the literature relating to the topic of this paper. In this paper it is found that there are many differences of opinion in the cancellation of verses in Surah al-Baqarah.
NASAKH WA MANSUKH Syapar Alim 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.v6i1.2424

Abstract

Ketika kita mempelajari dan mendalami ulmul Qur’an, nasakh wa mansukh adalah tema yang paling banyak mengundang perdebatan sampai sekarang. Hal ini bukan hanya datang dari kalangan umat Islam saja melainkan juga datang dari para Islamonolog dan orientasi yang tertarik pada kajian al-Qur’an. Perbedaan pendapat ini bermula dari perbedaan dalam penggunaan terminologi nasakh wa mansukh dan selanjutnya menghasilkan ikhtilaf (perbedaan). Sebagian ulama mengartikan nasakh dengan artian memindahkan atau an-naql, membatalkan atau al-ibthal dan menghapus atau al-izalah. Sedangkan penggunaan terminologi yang dibahas sebelumnya masing-masing memiliki implikasi secara operatif. Oleh karena itu pembahasan ini adalah pembahasan yang menarik dari masa-kemasa.
FIKIH BARU JAMAL AL-BANNA: KRITIK TERHADAP TERTUTUPNYA PINTU IJTIHAD Zainal Arifin; Mohammad Fauzan Ni'ami; Noor Rizqiya Fimaulidina
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.v9i2.9515

Abstract

 This research is motivated by the doctrine of the closed door of ijtihad. The implication is that around the 19th century figures emerged who constructively criticized this doctrine. The reason the researcher chose Jamal al-Banna was because he was one of the reformers of Islamic law who tried to reconstruct Islamic law with the paradigm of reason and freedom of authenticity (al-Bara'ah al-Ashliyyah). This article tries to examine further how the stagnation of critical doctrine carried out by Jamal al-Banna and how coercion resulted from this criticism. This article finds that there is a structuralist essence in Jamal al-Banna's critique of ijtihad. The door to Ijtihad is not closed as long as humans have reason. Therefore, reason is the initial foundation in efforts to formulate the fiqh Jadid which was initiated by Jamal al-Banna.   
Marlojong Tradition On The Islamic Law Perspective Syapar Alim 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.v8i1.5609

Abstract

This article describes the tradition of marlojong (elopement) perspective of Islamic law. The focus of research in this article is in Padangsidimpuan district of Angkola Julu, Padangsidimpuan, North Sumatra. Marlojong tradition is a marriage performed by a man bringing a woman to his parents' house to be his wife without being known by the female master. Marlojong marriage occurs because the mother of the woman does not give her blessing to her child in choosing a soul mate chosen by her own child. There are some negative impacts for those who do marlojong marriages in the process: For parents, especially parents of women marlojong marriage will get a poor image. Based on the results of the examination, it can be concluded that the practice of marlojong marriage that occurred in Padangsidimpuan Angkola Julu District and carried out by young Muslims Batak Angkola tribe is a practice marriage that is contrary and not in accordance with Islamic sharia. In addition to marlojong marriage has existed from the past and until now still exists, and then this tradition belongs to urf al-fasidah. Urf al-fasidah is a habit carried out by man but contrary to syara‟, legalizing the haram, or rescinding obligations.

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