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El-Sirry: Jurnal Hukum Islam dan Sosial
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 30476364     DOI : 10.24952/ejhis
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
El-SIRRY: Jurnal Hukum Islam dan Sosial is a high-quality open access peer-reviewed research journal published by the Pascasarjana Program Studi Hukum Keluarga Islam Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan Aiming to communicate original research and relevant current issues, this journal regularly publishes articles and research reports twice a year every June and December. It focuses on the issue of study Contemporary Islamic Law practices in Indonesia, Southeast Asia, and Global Perspective by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, sharia economic law, human rights law, customary law, and environmental law, in the framework of Indonesian legal studies and global context. This journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol 1, No 1 (2023)" : 9 Documents clear
TELA’AH AYAT HUKUM DAN HADIST TENTANG NUSYUZ Lubis, Deka Ria Murni
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9594

Abstract

Meanwhile, in verse 128 of the AN-Nisa letter, the punishment for husbands who commit Nusyuz on their wives is discussed. Husbands who commit Nusyuz can be seen from their attitude of ignoring their wives and neglecting their livelihood towards their wives and children. In verse 128 of Surah An-Nisa, it is explained that the punishment if the husband commits Nusyuz is that it is better to make peace with an agreement so that divorce does not occur, because peace is more important before Allah, even though there must be parties who feel aggrieved or find it difficult to accept the results of the peace.
Perkawinan Dini Dan Tantangan Tanggung Jawab Keuangan Di Sibuhuan Kabupaten Padang Lawas Simbolon, Sahron
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9588

Abstract

A marriage certificate excerpt is a card as the identity of a married couple. This marriage certificate quote is also equipped with a chip which functions to protect the card from counterfeiting. Excerpts from marriage certificates can only be owned by couples whose marriage is officially registered with the government by registering themselves first. Recently, there have been many problems related to the legality of extracting marriage certificates, such as what happened at the West Angkola District Religious Affairs Office where extracts of marriage certificates were issued with the mother's sibling's marriage guardian. This research aims to find out the practice of marriages with maternal relatives, what is the legality of quoting the marriage certificate of marriage guardians by maternal relatives, and what is the perspective of Islamic law regarding marriages with maternal relatives at the West Angkola District Religious Affairs Office. This research is classified as a descriptive research type. Data was collected using interview techniques and documentation. The results of the data analysis found that the practice of marriages with mother's sibling marriage guardians at the West Angkola District Religious Affairs Office was carried out with an element of misunderstanding regarding the determination of the marriage guardian, and an element of deliberate intention on the part of the bride to determine the marriage guardian of her mother's brother by changing the surname in his name. The marriage guardian is written in the marriage certificate excerpt in the name of Endi Pasaribu, while his real name is Endi Siregar. The legality of the quotation from the marriage certificate of the marriage guardian by the mother's sibling at the West Angkola District Religious Affairs Office, reviewing state law, is still declared valid, because the status of the guardian written on the quotation from the marriage certificate is that of a sibling. Meanwhile, according to Islamic law, the legality of the quotation of the marriage certificate is invalid, because in reality the marriage guardian is Romaida Pasaribu's mother's brother. The review of the law regarding marriage with a marriage guardian by the mother's brother is based on marriage law, the compilation of Islamic law, and on the study of Islamic jurisprudence. Determines that in accordance with the position of the guardian a marriage can be declared invalid and it is mandatory to carry out a remarriage by appointing a legal guardian of the marriage, whether he is a guardian of the lineage or a guardian of the judge.
ANALISA AYAT DAN HADIST TENTANG KEWARISAN BEDA AGAMA SERTA REFORMULASI DALAM TATANAN HUKUM INDONESIA Isnadi, Danil
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9595

Abstract

Basically, the legal rules applied in examining, adjudicating, and resolving cases regarding civil lawsuits for inheritance lawsuits in each judicial institution refer to KHI article 171, articles 1 and 2 in conjunction with Article 49 of Law No. 7 of 1989, as well as the arguments of the Qur'an An-Nisa's letter, 4:141, HR. Al-Bukhori and Muslim, so that the Islamic personality is determined by the heir and ignores wills that cannot be proven, and the heir and heirs must both be Muslims, whereas in 1998 the Supreme Court with cassation case register no: 368 K/AG/1995 When making decisions using legal rules, if the parents have a different religion than the child, they are considered to have left a will, which is called a mandatory will. And took the decision to grant non-Muslim heirs the rights based on the mandatory will by referring to the opinion of some scholars such as Yusuf Al-Qadhowi who argued that non-Muslim heirs would receive the inheritance of Muslim heirs through the mandatory will.
ANALISA AYAT DAN HADIST TENTANG KEWARISAN LAKI-LAKI DAN PEREMPUAN SERTA PROBLEMATIKANYA Harahap, Zulfan
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9589

Abstract

There are fifteen male heirs consisting of sons, grandsons, fathers, father's grandfathers, full brothers, father's brothers, mother's brothers, sons. brother's son, father's brother's son, father's uncle, father's uncle, son's son, father's uncle's son, husband, and master of a liberated man slave. There are ten female heirs. They were all daughters, granddaughters of sons, mothers, maternal grandmothers, paternal grandmothers, full sisters, father's sisters, mothers' sisters, wives, and female masters who freed slaves.
NALAR AYAT DAN HADITS TENTANG THALAQ DAN PROBLEMATIKA DENGAN THALAQ DI HADAPAN HAKIM Shabri, Abdurrahman
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9590

Abstract

The requirement for a reason for divorce as applied in Indonesia is in accordance with the contents of Surah al-Nisa' (4): 34-35 by using the letter wawu ataf in dalalat al-tartib (showing sequentially), not li mutlaq al-jam'i or li al-mai'yah (together). Therefore, a husband should not immediately say the words talaq to his wife, for example saying "anti-taaliq", but there must be stages that go through and the reasons underlying the talaq. The provisions of the law which require witnesses to pronounce the divorce vow are in accordance with the amar rule in the pronunciation of wa ashidu dhaway adlin by placing the main rule of amar (command) in obligatory and using marji' (reverse place) not the aw fariquhun pronunciation, but returning the fa pronunciation thalliquuhun. In the case of waw ataf it is equated with the rule of condition; so that the terms/ataf apply again to the entire amount, not just to the last amount (sentence).
ANALISIS LEGALITAS KUTIPAN AKTA NIKAH WALI PERNIKAHAN OLEH SAUDARA SE IBU DI KANTOR URUSAN AGAMA KECAMATAN ANGKOLA BARAT Simbolon, Sahron
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9591

Abstract

A marriage certificate excerpt is a card as the identity of a married couple. This marriage certificate quote is also equipped with a chip which functions to protect the card from counterfeiting. Excerpts from marriage certificates can only be owned by couples whose marriage is officially registered with the government by registering themselves first. Recently, there have been many problems related to the legality of extracting marriage certificates, such as what happened at the West Angkola District Religious Affairs Office where extracts of marriage certificates were issued with the mother's sibling's marriage guardian. This research aims to find out the practice of marriages with maternal relatives, what is the legality of quoting the marriage certificate of marriage guardians by maternal relatives, and what is the perspective of Islamic law regarding marriages with maternal relatives at the West Angkola District Religious Affairs Office. This research is classified as a descriptive research type. Data was collected using interview techniques and documentation. The results of the data analysis found that the practice of marriages with mother's sibling marriage guardians at the West Angkola District Religious Affairs Office was carried out with an element of misunderstanding regarding the determination of the marriage guardian, and an element of deliberate intention on the part of the bride to determine the marriage guardian of her mother's brother by changing the surname in his name. The marriage guardian is written in the marriage certificate excerpt in the name of Endi Pasaribu, while his real name is Endi Siregar. The legality of the quotation from the marriage certificate of the marriage guardian by the mother's sibling at the West Angkola District Religious Affairs Office, reviewing state law, is still declared valid, because the status of the guardian written on the quotation from the marriage certificate is that of a sibling. Meanwhile, according to Islamic law, the legality of the quotation of the marriage certificate is invalid, because in reality the marriage guardian is Romaida Pasaribu's mother's brother. The review of the law regarding marriage with a marriage guardian by the mother's brother is based on marriage law, the compilation of Islamic law, and on the study of Islamic jurisprudence. Determines that in accordance with the position of the guardian a marriage can be declared invalid and it is mandatory to carry out a remarriage by appointing a legal guardian of the marriage, whether he is a guardian of the lineage or a guardian of the judge.
TELAAH PENAFSIRAN AYAT-AYAT DAN HADIST TENTANG KHITBAH ATAU MEMINANG SERTA ANALISIS KRITISNYA Liberny, Liberny
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.10473

Abstract

 The lesson from verse al-Baqrah verse 235 in the tafsir al-Misbah is that it is haram to khitbah (proposing marriage) to a woman who is still in her iddah period (her iddah period has not yet been completed), openly with lafadz (clear speech). Then, it is permissible to offer yourself to the woman with insinuations (gestures) or words that are not overt (such as saying: 'I want to get married,' or 'If your iddah period is over, discuss with me if you want to get married', or "I am thrilled with a woman like you," or similar words). It is haram to carry out the marriage contract for a woman who is undergoing the iddah period. 
ANALISA AYAT DAN HADIST TENTANG KEWARISAN LAKI-LAKI DAN PEREMPUAN SERTA PROBLEMATIKANYA Harahap, Zulfan
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9592

Abstract

There are fifteen male heirs consisting of sons, grandsons, fathers, father's grandfathers, full brothers, father's brothers, mother's brothers, sons. brother's son, father's brother's son, father's uncle, father's uncle, son's son, father's uncle's son, husband, and master of a liberated man slave. There are ten female heirs. They were all daughters, granddaughters of sons, mothers, maternal grandmothers, paternal grandmothers, full sisters, father's sisters, mothers' sisters, wives, and female masters who freed slaves.
NALAR AYAT DAN HADITS TENTANG THALAQ DAN PROBLEMATIKA DENGAN THALAQ DI HADAPAN HAKIM Shabri, Abdurrahman
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9593

Abstract

The requirement for a reason for divorce as applied in Indonesia is in accordance with the contents of Surah al-Nisa' (4): 34-35 by using the letter wawu ataf in dalalat al-tartib (showing sequentially), not li mutlaq al-jam'i or li al-mai'yah (together). Therefore, a husband should not immediately say the words talaq to his wife, for example saying "anti-taaliq", but there must be stages that go through and the reasons underlying the talaq. The provisions of the law which require witnesses to pronounce the divorce vow are in accordance with the amar rule in the pronunciation of wa ashidu dhaway adlin by placing the main rule of amar (command) in obligatory and using marji' (reverse place) not the aw fariquhun pronunciation, but returning the fa pronunciation thalliquuhun. In the case of waw ataf it is equated with the rule of condition; so that the terms/ataf apply again to the entire amount, not just to the last amount (sentence). 

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