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Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 20889712     EISSN : 25805363     DOI : http://dx.doi.org/10.22373/dusturiah
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Dusturiyah journal accepts manuscripts in Indonesian, English and Arabic with focus: a study of laws and regulations: law, fiqh, Islamic economics, politics and social institution.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 13, No 2 (2023)" : 10 Documents clear
VIEWS OF USUL FIQIH AND ISLAMIC FAMILY LAW ON CONCERNED MARRIAGE CASES IN PADANG CITY Firdaus Hisab; Mursal Mursal; Desminar Desminar; Syaflin Halim
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20373

Abstract

This research aims to explore the perspectives on consanguineous marriage in the context of Islamic jurisprudence (usul fiqh) and Islamic family law. Research adopts a comparative and descriptive approach, gathering primary data through in-depth interviews with experts in Islamic jurisprudence and Islamic family law. The findings reveal that consanguineous marriage is firmly grounded in Islamic law, with its theological basis found in the Quran and Hadith, which unequivocally prohibit it. However, variations exist in the interpretation and emphasis between usul fiqh and Islamic family law perspectives. Social and cultural factors influence the occurrence of consanguineous marriages, with differing community understandings in Kota Padang being a key factor in disparate viewpoints. Despite these distinctions, there are commonalities, such as the prohibition of consanguineous marriage, the reliance on the Quran and Hadith as legal foundations, and the acknowledgment of negative consequences by both perspectives. Lastly, the legal principles underpinning these views in both fields center on concepts such as maslahah (public interest), maqasid syariah (objectives of Islamic law), and ta'addud al-asbab (consideration of circumstances), all aimed at safeguarding the welfare of humanity. While emphasis may differ, these principles serve as guiding frameworks for understanding the phenomenon of consanguineous marriage in Kota Padang
PROTECTION RELIGIOUS RIGHTS FOR CHILDREN BASED ON ISLAMIC LAW AND LEGISLATION IN INDONESIA Mukhsin Nyak Umar; Nurdin Bakry; Iwan Alfitra
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20573

Abstract

This research discusses the importance of the application of religious rights protection for children based on the perspective of Islamic Law and legislation in Indonesia. Religious rights are human rights that must be guaranteed and protected, especially for children as a vulnerable group. This study examines the norms of Islamic Law that emphasize the need to protect children's religious rights from an early age. The study also analyzes the relevance between Islamic teachings and national legal provisions related to the protection of children's religious rights. This understanding is directed at efforts to prevent potential violations of religious rights that may occur in the context of everyday life. In addition, this study evaluates the effectiveness of existing legal and regulatory mechanisms in Indonesia in providing guarantees and protection of children's religious rights.The research method used includes analysis of legal literature, normative studies, The results of this study are expected to contribute to an in-depth understanding of the implementation of religious rights protection for children in the context of Islamic law and legislation in Indonesia. The implications of the findings of this research can provide a basis for the development of more effective policies in ensuring children's religious rights in the future.
CHILDFREE IN THE PERSPECTIVE OF ISLAMIC LAW AND COMMUNITY VIEWS IN ASAHAN DISTRICT Putri Setia Ningsih; Faisal Faisal; Malahayati Malahayati
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.19412

Abstract

Childfree is a choice made by a person or married couple who do not want to have children after marriage, whether biological children, stepchildren, or adopted children. The assumption is that the inability of a person or partner to be responsible for having children, fear, and financial conditions are the main factors in choosing childfree. This study is related to childfree ness in the perspective of Islamic law and the views of the people of Asahan Regency, and its impacts. The method in this study is qualitative research, with an empirical juridical approach. Descriptive nature with data collection techniques using field study techniques and literature review. The results of the study show that from an Islamic perspective, childfree is carried out by permanently disabling the reproductive system, so the law is unlawful. However, if it is done in a temporary period then the law is makruh because basically having children is a recommendation, not an obligation. This is also in line with Article 1 of Law Number 1 of 1974 concerning Marriage. In the opinion of some people in Asahan Regency, the choice of childfree is a private right of a person which cannot be questioned because basically in the 1945 Constitution Article 28E paragraph (2) stipulates that everyone has the right to freedom of expression of thoughts and attitudes according to their conscience, however, some others argue that the childfree choice in society is considered a selfish choice and violates nature. In addition, the impact of choosing childfree, especially for women, has a high risk in terms of health.
ANALYSIS TA'ZIR PUNISHMENT AND ISTINBATH LEGAL METHOD IMAM MALIK'S PERSPECTIVE Sufrizal Sufrizal; Muhammad Alwin Abdillah; M. Anzaikhan
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.19367

Abstract

This study discusses the human ta'zir perspective of Imam Malik. Imam Malik argues that there is no minimum and maximum limit for uqubah / ta'zir punishment. It is well known in the Maliki madzhab, especially Imam Malik, that ta'zir punishment can exceed the limits of had punishment in some conditions and situations. Imam Malik once flogged a man who was found with a boy 400 lashes. Imam Malik's opinion is based on the actions of Umar bin Khatab r.a. where he flogged a man who faked Umar bin Khatab's ring to trick the baitul mal guard, with the aim of taking some of the baitul mal treasures. Caliph Umar at that time whipped him 100 times on the first, second and third day. If accumulated, umar bin khattab whipped the man 300 lashes. If we look at the istinbath method / method of determining the law used by Imam Malik r.a on this issue is to take the fatawa of the companions / mauquf hadith as a conceptual basis for determining the law and leave the Prophet's hadith which expressly prohibits the implementation of the ta'zir punishment beyond ten lashes. It is clearly seen in this problem that the characteristics of Imam Malik and his followers are very respectful of the words and actions of the companions even though at first glance they contradict the text.
CONCEPT AL-'ADAH MUHAKKAMAH IN TRADITION BAKAMPUONG UGHANG PRA WALIMATUL ‘URSY IN KAMPAR RIAU COMMUNITY Muhammad Fazli; Ismail Ismail
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20354

Abstract

The background of this research is the existence of a very unique tradition in Merangin Village, Kuok District, Kampar Regency, Riau Province to hold walimatul 'ursy, which is the name of the tradition, the bakampuong ughang tradition. The bakampuong ughang tradition is carried out a week before the implementation of the walimatul 'ursy which aims to raise funds so that the bride and groom can also hold a walimatul 'ursy party. The main problems in this study are how the implementation and objectives of the bakampuong ughang tradition and the factors that cause the persistence of the bakampuong ughang tradition, what are the implications or impacts of the bakampuong ughang tradition on the lives of Muslim communities in Merangin Village, Kuok District, Kampar Regency, Riau Province and how is the review 'urf on the implications or impacts of the bakampuong ughang tradition. Based on the results of the research that the writer has done, the writer can conclude that the bakampuong ughang tradition is a habit of the people of Merangin Village, Kuok District, Kampar Regency, Riau Province before the walimatul 'ursy event takes place. The implications or impacts of the bakampuong ughang tradition are: first, the good and bad impacts. The Qur'an and Hadith stipulate that the implementation of walimatul 'ursy is sunnah muakkad, meaning that it is permissible to do it and it is permissible not to do it.
YURIDICAL ANALYSIS SYUF`AH RIGHTS IN LAND SALE AND PURCHASE TRANSACTIONS (Case Study In Darussalam District) Nurhisam, Luqman; Abdullah, Arifin; Fauzan, Faisal; Nurdianti, Nurdianti
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20466

Abstract

Land buying and selling transactions are closely related to people's lives which are a benchmark for whether or not the public understands land buying and selling transactions as regulated in Islamic law and Indonesian positive law. Disobedience in carrying out land sale and purchase transactions can lead to disputes which result in disputes in the future in society. Land buying and selling transactions that occur in the Darussalam sub-district community are the object of research conducted to see how the process of buying and selling land occurs whether there is an application of syuf`ah rights according to the provisions in fiqh muamalah and Islamic law. In this study, the main focus of the research is how the practice of buying and selling land in Darussalam sub-district, how is the existence of the application of syuf`ah rights that occur in society and how is the juridical analysis of syuf`ah rights in buying and selling land. The method used in this study is the method qualitative and sociological juridical with the type of field research (field research) and library research (library research). Research data were analyzed by means of descriptive analysis. Based on the analysis, it shows that land buying and selling transactions are in accordance with the applicable land sale provisions, in practice the community enforces syuf`ah activities in the process and becomes a necessity in land buying and selling transaction activities, but there are still those who do not carry them out due to a lack of understanding of syuf'ah rights . In this study, it was found that not all local people know the mention of syuf`ah rights in their daily lives, mention of syuf`ah rights in general is often referred to as "neighboring rights". The implementation of neighbor rights is still being used and continues to grow in society.Keywords: Islamic Law, Fiqh Muamalah, Syuf`ah Rights, Land Management, Land Purchase Transactions
DYNAMIC OF COMMUNITY: TERMS TA'ARUF BEFORE MARRIAGE PERSPECTIVE PROPHET'S HISTORY Agus Firdaus Chandra; Khusus Siam; Evi Nuryanti; Khurratul Akmar
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.18039

Abstract

This research is based on the fact that there are many prospective husband and wife pairs who do not carry out the ta'aruf process in accordance with religious law. Many of them violated several rules of the ta'aruf process itself. In addition, there are still many people who do not know and understand the meaning of ta'aruf and how the process is carried out during ta'aruf. Due to this lack of understanding, not a few parents and young people violate these rules, one of which is the interaction between men and women without a murobbi or intermediary from each potential partner. So that many young people who want to get a potential partner today are taking the wrong path, namely by dating. They mix up the term ta'aruf with dating on the grounds that they can get to know each other's personalities. It is very vulnerable to immoral acts. The purpose of this study is to find out more about how the ta'aruf process is and how the concept of ta'aruf is in the Prophet's Hadith. This research is a library research, namely by collecting, reading and reviewing various materials from several sources related to the problems studied. The source on which this research is based is from the Hadith of the Prophet, wherein the Hadith refers to the procedures that must be carried out in the process of ta'aruf. This article discusses the study of family law in Islam, more specifically regarding ta'aruf according to the perspective of the hadith of the Prophet Muhammad SAW. Family law is the law that regulates relations arising from family relationships. In the discussion it is stated that ta'aruf is one of the processes recommended by the Prophet before establishing a family relationship (marriage). Ta'aruf itself means to know more closely, in the sense that it is not just a name but also related to the vision and mission of the marriage of the prospective partner. This is the goal so that the family relationship that is lived can become a family that is sakinah, mawadah, warahmah.
URGENCY POSITION USHUL FIQH IN DEVELOPMENT SHARIA ECONOMICS Syafruddin Syam; Rizki Muhammad Haris; Syahrini Harahap
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.15136

Abstract

The development of the sharia economy is currently an important spotlight because it is continuously progressing very rapidly both at the National and International level. The development of the sharia economy in question includes sharia based financial institutions such as sharia banking, baitul maal wat tamwil, sharia insurance, sharia pawnshops and others. Because the products available at Islamic financial institutions are different from non Islamic financial institutions, what can be a differentiating tool in in terms of determining the type of product is from the ushul fiqh framework in Islamic economic methodology. In writing this article, here the autther uses the library research method in order to determine the position of ushul fiqh in the field of Islamic economics
RICE FIELDS MANAGEMENT AGREEMENT SYSTEM IN ACEH BESAR (Study of Engagement Patterns and Sharing of Harvest Results) Irwansyah Muhammad Jamal; Zaiyad Zubaidi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.19418

Abstract

Rice field management, which is carried out by involving the people of Aceh Besar based on the norms of Islamic law and customary law, is applied from the beginning of the determination of the engagement to the capital of the harvest. Community practice describes the procedure for contracting and distributing crops in various forms. However, all farmers do it by mutual consent. This phenomenon is the focus of study in this paper. By basing on the method of discriptive analysis, the answers will be found, including: 1) the formation of contracts is carried out orally. The form of an oral contract is based on several things, namely the relationship between the parties; In general, the parties come from relatives or close family. Because of this relationship, they believe there will be no default made by the parties. In addition, there are two ways to start involvement in rice field management; First, half of the respondents agreed that capital is borne by rice field owners (this model is called muzara'ah), and half said capital is borne by farmers (this model is called mukhabarah). 2) the distribution of crops is carried out in the following way; 1) Mawah, which is divided equally between rice field owners and farmers. There are 3 people (20%); 2) Bulung 3, which is 2 parts for farmers, 1 part for rice field owners = 5 people (33.3%); 3) Bulung 4, which is 3 parts for farmers, 1 part for rice field owners = 4 people (26.6%); 4) Bulung 5, which is 3 parts for farmers, 2 parts for rice field owners =3 (20.1%). In addition to the three things already mentioned, the parties also agreed on the conditions of crop failure. Most engagements exempt farmers from giving rice to rice owners as a cost of using rice fields, while others require farmers to give rice to rice owners as rice field use fees.
LAW JU'ALAH IN ISLAM Ahmad Fadhly; Mhd. Yadi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.17198

Abstract

In everyday life humans cannot live alone or meet their own needs, in general humans certainly always do activities, in these daily activities there is work that cannot be done alone, so they must need others to do the work. Because of this, there must be a reward for the work done by the other person. In Islam, This wage or gift is called Ju'alah. To know how the law of ju'alah and the postulates related to jua'lah so that we can understand in taking istinbath laws related to ju'alah, these hadiths have a sanad that is tsiqah and fulfills the condition that the hadith can be accounted for even the eyes are not contradictory to the Qur'an, so that scientifically the hadith can really be believed that the hadith is true like the Prophet Muhammad SAW, so that based on the hadiths it is very clear that the law of ju'alah is permissible, even this transaction has existed since ancient times as explained in the Qur'an Surat Yusuf verse 72

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