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Contact Name
Arifin Abdullah
Contact Email
arifin.abdullah@ar-raniry.ac.id
Phone
+628126925128
Journal Mail Official
jurnal.dusturiah@ar-raniry.ac.id
Editorial Address
Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh
Location
Kota banda aceh,
Aceh
INDONESIA
Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
ISSN : 20889712     EISSN : 25805363     DOI : http://dx.doi.org/10.22373/dusturiah
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 156 Documents
NAZHIR'S ABILITY TO REALIZE PRODUCTIVE WAQF IN ACEH CITY Abdul Jalil, Husni; Munir, Badrul; Wahyudi, Setia
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.22783

Abstract

One of the important requirements that a waqf nazhir must have according to the provisions of waqf jurisprudence and Law Number 41 of 2004 concerning waqf is the ability to manage and develop waqf assets so that they become productive waqf. However, preliminary data shows that the number of productive waqfs in the city of Banda Aceh is very small compared to unproductive waqfs. The formulation of the problem in this research is how nazhir's ability to create productive waqf in the city of Banda Aceh. The method used in this research is a qualitative method which is a field or empirical study and the focus of the study is the nazhir's ability to create productive waqf in the city of Banda Aceh. The results of the research show that the ability of nazhir to create productive waqf in the city of Banda Aceh is still low, this can be seen from the fact that not all nazhir have carried out planning, implementation, evaluation and solutions in realizing productive waqf. Nazir, who has carried out planning, evaluation and solutions, does not yet have special instruments related to these activities, so the number of waqf assets managed productively is still small, 31 plots out of a total of 787 plots.
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
SOCIAL MEDIA AS A MEANS OF INTERACTION FOR IDDAH AND IHDAD WOMEN PERSPECTIVE ON THE BOOK OF I’ANATUTTHOLIBIN Jannah, Roiha; Ainiyah, Qurrotul
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.23401

Abstract

Islam prohibits women from leaving the house and dressing up during the iddah and ihdad periods, anticipating freedom of interaction which will lead to mafsadat. However, the reality in society is that social media is now used as a means of interaction that makes it easier for users not to leave the house. Addressing this issue, the author explores the thoughts of Sayyid Abu Bakar Utsman bin Muhammad Syatha’ ad-Dimyathi through his book I'anatutthilibin. This research uses qualitative methods (library research). With results 1. The law on using social media as a means of interaction is not permitted because it is equated with a prohibition on leaving the house. However, the law becomes permissible if there is something that is unlawful in its implementation. 2. In the context of this problem, Sayyid Abu Bakar Utsman bin Muhammad Syatha’ ad-Dimyathi opinion can be applied by looking at the flaws in being able to leave the house for the reason of prioritizing the benefit of human life.
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.
ISLAM AND LEGISLATION IN LAW NUMBER 17 OF 2023 ABOUT HEALTH Razi Purnama, Fachrur
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.22538

Abstract

The Health Law is a law that regulates various aspects of health in Indonesia, this law was passed by the DPR through a plenary session on July 11, 2023, Law number 17 of 2023 concerning health is a refinement of the previous Health Law, namely Law Number 36 of 2009 concerning Health. However, after the enactment of this law, there were several points of the formation procedure and substance of the law that resulted in polemics in the community, such as the elimination of mandatory spending, the lack of public participation in the formation process and the lack of transparency of legislators in the process of forming this law. This research is a type of library research, and this research is normative legal research. The results of this study are that in the perspective of legal science there are still formal defects in the formation of Law No. 17 of 2023 concerning health where in the formation process it does not provide ample space for the community to provide its aspirations, so that when Law No. 17 of 2023 is enacted it causes a lot of rejection and criticism in the community because it is feared that it will have an impact on health workers and also have an impact on community life. This is reinforced by the theory of sulthah tasyrī'iyah where the process of forming laws and regulations must be based on the welfare of the ummah as a fiqh rule which states that every policy issued by a leader must prioritize maslahat and avoid ugliness.
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
SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES. A CASE STUDY OF DECISION NUMBER 1/PDT.G.S/2019/PA.KDS Nurhisam, Luqman; Eriyanti, Nahara
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25842

Abstract

As the activities of the Sharia economy develop, the number of Sharia economic dispute cases submitted to the Religious Court has increased. One of the cases decided by the Kudus Religious Court is the Breach of Contract Lawsuit with Decision Number 1/P.dt.G.S/2019/PA.Kds. The Supreme Court issued Regulation Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Disputes, which includes simple lawsuits and ordinary lawsuits. Simple lawsuits are further regulated in Supreme Court Regulation Number 2 of 2015, which was later amended to Supreme Court Regulation Number 4 of 2019 concerning Procedures for the Settlement of Simple Lawsuits. This regulation aims to ensure that the resolution of Sharia economic disputes is simpler, faster, and less costly. This research aims to analyze the process and mechanism for resolving simple Sharia economic dispute lawsuits at the Kudus Religious Court, examine the judges' considerations in deciding Sharia economic dispute cases, and identify challenges in resolving Sharia economic disputes. The type of research used is field research with a qualitative approach, utilizing primary, secondary, and tertiary data. The results of the study show that the process and considerations of the judges in Decision Number 1/P.dt.G.S/2019/PA.Kds are in accordance with applicable regulations. However, the resolution of the case takes quite a long time. Therefore, judges in the Religious Courts are required to have competence in Sharia economic law to handle cases more effectively and efficiently.
FACTOR ANALYSIS OF NON-MUSLIM CUSTOMERS IN SAVING AT SHARIA BANK OF INDONESIA BANDA ACEH BRANCH Nabilla, Shinta; Ahmad, Kamaruzzaman Bustamam; Makinara, Ihdi Karim
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.23999

Abstract

This research aims to analyze the factors that influence non-Muslim customers interest in saving at the Bank Syariah Indonesia BandaAceh Branch. With a background as a province with a majority Muslim population and the implementation of sharia law, Aceh provides its own challenges for non-Muslim customers in choosing financial institutions. This research covers factors such as regulatory policies, social norms, and the availability of Islamic banking services that influence the decision of non-Muslim customers to choose Bank Syariah Indonesia. The research method used is qualitative through the preparation and distribution of questionnaires distributed to non-Muslims as customers of Bank Syariah Indonesia. The results of this study there are several factors that cause non-Muslim customers to choose Bank Syariah Indonesia over other Islamic banks, namely non-Muslim customers in Banda Aceh tend to prefer Bank Syariah Indonesia (BSI) because of the affordability of location, attractive product promotions, quality service, and aspects forced by government regulations. These factors influence the decision of non-Muslim customers in choosing BSI as the first choice for their banking needs in the area.
THE ROLE OF THE PAMONG PRAJA POLICE UNIT IN IMPLEMENTING ORDER IN THE KARAWANG PUBLIC SPACE Pebriyani, Pebriyani; Dewi, Sartika; Abas, Muhamad
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25648

Abstract

Local governments are required to build public facilities and spaces for the benefit of the community. The success of a government is measured by its ability to construct safe and comfortable facilities. Public facilities must be maintained to ensure community comfort. The Civil Service Police Unit (Satpol PP) of Karawang Regency deploys its members in public spaces to maintain order. This qualitative research uses an empirical juridical approach to understand the roles and challenges of Satpol PP. The findings aim to improve the effectiveness of Satpol PP in maintaining public order in open spaces.
APPLICATION OF PRUDENTIAL BANKING TO ELIGIBILITY FOR THE DISTRIBUTION OF KUR UMKM BSI BRANCH DIPONEGORO BANDA ACEH. STUDY ON TESTING THE INCOME AND PROFITABILITY OF DEBTOR CUSTOMERS' BUSINESSES Adzkia, Khaliza; Mukdin, Khairani; Sholihin, Riadhus
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25589

Abstract

This research emphasises the importance of testing customer income and profitability in ensuring financing eligibility and supporting the financial stability of banks and the development of MSMEs in Indonesia. This reseacrh aims to ensure that the financing disbursement process is carried out effectively and in accordance with prudential banking principles with legal provisions. This research method is normative empirical. The results of the research showed that the distribution of KUR was in accordance with the mandate of articles 8 and 29 of Law No. 10 of 1998 on Banking and article 23 of Law No. 21 of 2008 on Sharia Banking. This can be seen from the application of KUR distribution at BSI Diponegoro Branch Banda Aceh which is carried out strictly through testing with five main stages, namely BI checking, surveys, business feasibility analysis, analysis of collateral feasibility, the committee process with the leadership and the analysis of MSMEs income and profitability by paying attention to income sources, income stability, sales trends, seasonal patterns, sales targets, profit patterns, bank transaction history and bank transaction frequency.

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