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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 156 Documents
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ANALYSIS OF ISLAMIC LAW ON ELECTRONIC CONTRACTS BASED ON GOVERNMENT REGULATION NUMBER 80 OF 2019 CONCERNING TRADE THROUGH ELECTRONIC SYSTEMS Ida Friatna; Azka Amalia Jihad; Muhammad - Riza
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12295

Abstract

The mode of trading transactions continues to develop day by day, one of which is the presence of trading transactions through electronic systems. Sellers and buyers no longer need to meet face to face to carry out buying and selling transactions, but can be created remotely and form agreements using electronic media. The Indonesian government has issued special regulations governing trade transactions through this electronic system, namely Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, and the rules regarding electronic contracts are contained in articles 50 to 57. This study aims to find out how the regulations regarding electronic contracts in PP No. 80 of 2019 and the view of Islamic law on electronic contracts. The type of research used is library research, with the primary sources of this research being Government Regulation Number 80 of 2019, the Civil Code, and fiqh books. While secondary sources include writings on electronic contracts in the form of books, journals, and other writings related to electronic contracts. The result of this research is that electronic contracts in PP No. 80 of 2019 are created when the parties mutually agree to carry out trading transactions using an electronic system. Regarding the mechanism of the contract itself, it is left to the parties to determine what kind of contract they want. Electronic contracts in muamalah contracts as regulated in PP No. 80 of 2019 from the perspective of Islamic law is legal and permissible, in accordance with fiqhiyah rules, namely the law of origin of muamalah is permissible (al-ibahah) as long as there is no evidence that prohibits it. Electronic contracts, in this case, are legal and permissible according to Islam as long as they fulfill the pillars and conditions of the contract (akad) and there are no elements that are invalidated and damaged by it such as fraud, coercion, usury and etc.
IMPLEMENTATION OF HEALTH SERVICES IN CLASS II B TAKENGON PRISON Mudfar Alianur; Nurlaila Nurlaila; Alena Alena
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12281

Abstract

Law No. 12 of 1995 article 14 (1) concerning correction which in Letter (d) states that prisioners receive healt services and proper food. Inadequate health services are one of the impacts that can be felt by the inmates of the class II B Takengon Prison, which affect prisoners’ health. In this study, the author discussed the way on how prosiners’ health has been implemented in class II B Takengon prison. This study used an empirical legal research method which tried to explain fact in the field through interviews or direct observation. This study aimed to find out how the implementations of health services for inmates in Class II B Takengon Prison. The result showed that the implementation of health services for the inmates in the Class II B Takengon Prison is not optimal due to the lack of healthcare workers such as dentists and slow process of fund disbursement which affects the limitation of medicine availability as well as inadequate health facilities. It can be concluded that the implementation of health services for inmates in the Class II B Takengon is not optimal and the facilities is inadequate. The researcher suggests that Takengon prison should improve health services and add more health facilities.
EPISTEMOLOGY OF THE FI'L HADITH AS A PROPOSAL AGAINST MINIMUM NUMBER OF FRIDAY CONCLUSIONS Saifuddin Sa'dan; Fadli Ibrahim
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.13270

Abstract

Friday prayer is one of the obligations carried out by Muslims on every Friday. The implementation was carried out in a place known as a mosque. Friday prayers are considered valid if they meet the criteria set by the scholars based on what has been done by the Prophet Muhammad. One of the conditions for a valid Friday is the presence of a congregation of at least forty people. This opinion is held by the Shafi'iyyah. They require the validity of Friday with a congregation of at least forty people. They based it on the actions of the Prophet. (hadith fi'lī) who performed the first Friday with forty people, so that the hadith was used as a proof for the validity of Friday by a minimum congregation of forty people. Therefore, the question arises, how can the epistemology of the fi'lī hadith be used as a mandatory law maker? This is because the fi'l hadith is usually only applied to recommended laws (circumcision). After further investigation, it was found that the Shafi'iyyah made the fi'lī hadith of the Prophet SAW. Those who performed Friday prayers with the number of worshipers at Friday prayers were forty people using the rule that the Prophet's actions were an explanation of the procedures for the Friday prayers themselves, so that the procedures were performed by the Prophet. be mandatory too. In addition, there is no qawl hadith that provides a different explanation from the fi'lī hadith. Therefore, making the fi'lī hadith as a proof for the validity of a worship is considered permissible as long as there are no other arguments against it. The Shafi'iyyah circles make forty as the minimum number of worshipers at a Friday prayer, so Friday is considered invalid if the number of worshipers is less than forty people.
COMPARATIVE LAW REPATRIATION INDONESIAN CITIZEN EX FOREIGN ISLAMIC STATE IRAQ AND SYIRIA ABOUT INDONESIA LAW AND ISLAMIC LAW Badrul Munir; Yenny Sri Wahyuni; Teuku Awis Aulia
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12269

Abstract

The issue of citizen became the hot news on sosial meda country in Indonesian. On February 1 2020, the National Counter terrorism Agency exchanged international intelligence information with countries in the Middle East and got around 600 Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria (ISIS). This polemic has become a hot topic of discussion among the government and the people of Indonesia about the fate of Indonesian citizens (WNI) whether they can be returned to their homeland or left alone in shelter camps in Syria. The formulation of the problem studied in this journal is to describe the views or opinion of Indonesian law on the concept of citizenship and explain the views of Indonesian law (law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism) and Islamic law (Opinions of Imam Malik and Imam Syafii) concerning the repatriation of Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria to Indonesia. In this study, the authors use normative research methods by conducting library research through the process of reading, researching, and reviewing ongoing discussions with this research. The results of this study indicate that in Indonesian law, referring to Law No. 5 of 2018, they must be repatriation to Indonnesia because they are the responsibility of the state in accordance with articles 43b, 43b, and 43d. whereas in Islamic law there is caution by asking them if they want to go back and repent for their actions, if they obey they can be repatriation to Indonesia, if not they are fought. and the decision will ultimately be left to the government about their fate.
KONSEP MAQĀSHID SYARIA THE CONCEPT OF MAQĀSHID SYARIAH AS-SYĀṬIBY. in The Book Al Muwāfaqāth As-Syāṭiby Khalil Al Farahidy
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 2 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i2.13028

Abstract

As Syātiby is known as the father of Sharia maqāṣid science. This is because of what he wrote in his book Al-Muwāfaqāt. He outlined the concept of Allāh's intent and purpose in implementing the Shari'a. And what he put in his book can be easily understood by his readers, because it is written in neat and orderly divisions. He divided the discussion of objectives into two discussions. The first is Maqāshid Syari' or Allāh in establishing the Shari'a, namely for the good of mankind, and the second is Maqāshid Mukallaf or servant who must be in accordance with and not contradict Maqāṣid Syari'.
DISTRIBUTION OF INHERITANCE IN THE PRENGKENIN TRADITION. The Muslim Community in Bagik Payung Timur Village, West Nusa Tenggara. Lalu Haidir Ali
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 2 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i2.13003

Abstract

Distribution of Inheritance in the Prengkenin Tradition to the Muslim Community in Bagik Payung Timur Village, West Nusa Tenggara The distribution of inheritance through the Prengkenin custom is the designation or attribution of certain assets to heirs by parents which will be owned immediately or after the parents die. The distribution of inheritance through prengkenin produces two patterns, namely, a) grants, designating certain assets that can be owned immediately, and b) wills, assets that will be owned after parents die. The share of each heir is determined in a family meeting witnessed by traditional leaders with the aim of being obedient, good, solah-solah (getting along with siblings) and spur-pacu (maintaining good manners). This illustrates an attitude of tolerance and mutual respect. The division between boys and girls uses the principle of mama meonggok, nina nyenyion (men carry, women carry). It describes the role of a child which will then affect the number of parts. While the reasons for the BPT Village Community to distribute inheritance through prengkenin are, a) avoiding conflicts between heirs in the future. b) distributive justice c) dissatisfaction with the traditional inheritance fiqh system.
MUT'AH IN MODERN MUSLIM FAMILY LAW. Study of Legislation in Syria, Egypt and Indonesia Yuni Roslaili; Safira Mustaqila
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 2 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i2.12347

Abstract

The reality showed that there are still many injustices against women that can occur anywhere, including in the domestic sector, as well as in Muslim countries. Therefore reform of Muslim family law is seen as necessary because it plays an important role in the protection of women and children and the fulfillment of their rights. Mut’ah is a gift from a husband to his ex- wife after a divorce, including one of the areas reformed in a number of Muslim countries, including in Syria, Egypt and Indonesia. Mut’ah is a gift from a husband to his ex- wife after a divorce is one of the areas reformed in a number of Muslim countries including in Syria, Egypt and Indonesia. The results of the study found that there had been reform of Muslim family law regarding mut’ah in the three countries studied, namely Syria, Egypt and Indonesia. if in traditional literature( fiqh) the right of mut’ah is only obligatory to be given to a divorced wife before had sex and with a dowry that has not been given, but in the three countries studied regardless of whether the wife was divorced before had sex or after had sex and whether the dowry has been determined or not. In addition, in modern Muslim family law there are provisions for the maximum limit of mutah that a husband must give to his wife, such as the standard of living for three years in Syria and two years in Egypt while in fiqh it is determined that the maximum size of mut’ah is not to exceed half the mistsil dowry or the price of a slave.
JAYAPURA CITY KUA STRATEGY IN IMPLEMENTING PMA. No. 34 of 2016. Concerning Duties and Functions Amri - Amri; Dyah Margo Mukti
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 2 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i2.12766

Abstract

Minister of Religion Regulation Number 34 of 2016 concerning the organization and governance of the Sub-District KUA, it is seen that the duties and functions of the Jayapura City KUA must be as much as possible to implement these regulations. Therefore, this study aims to see what obstacles are faced and what strategies are carried out by the Jayapura City KUA in implementing the Perma. This research is a qualitative research that is through interviews, observations and documentation that has been processed and analyzed. The results of the study show the obstacles faced in implementing Perma No. 34 of 2016 is the limitation of existing Human Resources (Employees) and Collaboration with work partners has not been going well. Then the strategy taken in implementing the regulation is the first, increasing the number of employees within the Ministry of Religion of Jayapura City through the acceptance of Civil Servants every year since 2019. Second, coordinating and collaborating with Islamic religious instructors in Jayapura City to be able to help maximize the duties and functions of KUA in the field of outreach to the community.
PHOTOGRAPHER INCOM EARNINGS PRE-WEDDING IN PERSPECTIVE AL-'AMÂL. IJÂRAH CONTRACT. Research in Takengon City Dissarami M. Samin
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 2 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i2.13260

Abstract

Pre-wedding photo shoots are carried out to meet various aesthetic needs at the wedding ceremony. This causes many people to need the services of a photographer, producing various forms of style from every pre-wedding photo moment that is created. There are three problem formulations in this thesis, namely first, how is the contribution of the photographer in determining behavior and style in pre-wedding shooting. Second, what are the efforts made by the photographer to avoid photo sessions that are against the syara' in pre-wedding photography. Third, what are the consequences of the photographer's income according to the perspective of the ijarah al-'amal contract in Takengon City. The method that the author uses in this research is a qualitative descriptive method, the data collection used is through library researchers and field researchers, carried out by researching and asking questions to the photographer in Takengon City. The results of the study show that first, the participation of photographers in the photo-taking process to avoid things that are contrary to sharia. Second, in the photo session there were several photographers giving rules and restrictions to clients to avoid things that are contrary to sharia rules. Third, the photographer's income has met the terms and conditions based on the ijarah al-amal agreement
THE USE OF MASK AND STRETCHING THE SHAF OF JUSTICE PRAYERS IN THE PANDEMIC PERIOD IN MUI FATWA NUMBER 31 OF 2020: QAWAID FIQHIYYAH PERSPECTIVE Zainuddin Puteh; Dhiauddin Tanjung
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 2 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i2.13703

Abstract

On June 4 2020, the Indonesian Ulema Council (MUI) issued fatwa Number 31 of 2020 concerning "Organization of Friday and Congregational Prayers to Prevent the Transmission of the Covid-19 Outbreak. The fatwa then became the object of scientific study from various perspectives, including regarding prayers using masks and stretching the shaf when praying in congregation. However, no one has yet discussed the relevance and accuracy of the fiqh principles used in fatwas. In fact, the principles of fiqh are one of the normative dimensions of Islamic law which are directly related to practical situations. For this reason, the author feels the need to make aspects of fiqh principles in fatwa as study material - so that the discussion is carried out in a normative (doctrinal) way. After reviewing, the author concludes that the principles used in the fatwa are very relevant and accurate. Therefore, praying using a mask and stretching the shaf is a very appropriate fatwa, because this fulfills the elements of a syar'i intention, namely an endeavor to break the chain of the spread of the life-threatening Covid-19 pandemic

Page 8 of 16 | Total Record : 156

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