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Arifin Abdullah
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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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FUQAHA SHAFI'IYYAH AND HANABILAH UNDERSTANDING OF THE HADITH OF PROSTRATION MEMBERS IN PRAYER M. Jakfar, Tarmizi; Najihah Aula, Nur
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.18106

Abstract

The jurists differ as to the legal status of sticking one's nose to the place of prostration or the floor. These differences of opinion influenced public opinion and opinions, especially during the Covid-19 pandemic. For example, related to the opinion regarding the law of wearing a mask at times because it can cover the nose so that it can cancel the prayer, but there is also an opinion that says that it is permissible to use it. The controversy between whether or not it is permissible to use something that prevents the nose from sticking together when prostrating is conveyed by the Syafi'ī and Ḥanbalī schools. Therefore, this article explains the difference between the Al-Syāfi‘ī school and the Ḥanbalī school in determining the law of sticking the nose when prostrating? and what are the arguments and methods of ijtihad used by the scholars of the Al-Syāfi‘ī and Ḥanbalī schools? This research approach is a qualitative approach, this type of research is normative legal research, while the nature of the data analysis used is the comparative analysis method. The results of this study indicate that the differences between the Al-Syāfi‘ī and Ḥanbalī schools in establishing the law of sticking one's nose during prostration are identified in two points. First, about the legal status. According to the scholars of the Shafi'i school, the nose is not a part of the face that must be attached during prostration, the law is only limited to sunnah. The Hanbali school considers that the nose, the part of the face that must be attached to the ground, is obligatory. Second, about the legal consequences. For the scholars of the Shafi'i school, the legal consequences of praying without sticking your nose are still valid, while according to the Hanbali school it is not valid. The argument of the scholars of the Syafi'i school is the hadith narrated by Imam Al-Bukhari from Ibn Abbas, that the members of prostration are only the forehead, both hands, both knees and both feet. No mention of nose. Then Daruquthni's narration from Jabir, when he saw Rasulullah Saw prostrating with the top of the forehead near the hair. The istinbat method used is the bayani and ta'lili methods. Meanwhile, according to the Hanbali school, the argument used is the history of Imam Al-Bukhari from Ibn Abbas who mentions the Prophet's gesture to point his nose in prostration. Then the narrations of Muslim and Al-Nasa'i regarding the mention of jabhah wa al-anfu (forehead and nose) as members of prostration, in addition to the history of Atsram which states that it is obligatory to stick your nose during prayer. The istinbat method used is the bayani method and the ta'lili method.
REVIEW OF ISLAMIC LAW ON THE IMPLEMENTATION OF PARKING LEVY COLLECTION IN PALOPO CITY Arif, Firman Muhammad; Mustam, Mustam
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.15705

Abstract

In a family sometimes painful actions arise from involuntary causes (not intentionally), not on the wishes of the husband, such as because the husband is poor or poor so he does not have a living to fulfill his wife's rights in the form of food, clothing and home at a certain time, which makes the wife ask to part with her husband through the divorce (fasakh) path. Regarding the problem of the wife asking for fasakh This thesis discusses the Islamic Legal Review of the Implementation of Parking Levy Collection in the City of Palopo. The data collection method is carried out through observation and interviews with a descriptive-qualitative approach. The results showed that in the implementation of the parking levy collection in Palopo City, there are still parking attendants who impose their own rules such as requests for tariffs exceeding the provisions; and there are still objects and parking attendants that were untouched by the Palopo City Transportation Department. This is if viewed from the perspective of Islamic law there are pillars or conditions in the wadi'ah contract (agreement) that are not fulfilled, namely the ijab qabul between the parking attendant and the vehicle owner, as well as the existence of illegal parking attendants who collect parking funds/money for the parking attendant's personal self and do not contribute to the Palopo City Area Original Income. Therefore, in order to minimize the presence of illegal parking attendants and official parking attendants who do not comply with the provisions, the Palopo City Transportation Office as the Holder of the levy for parking services on public roadsides in Palopo City to strive to carry out guidance and supervision of partner objects and parking agents and potential parking objects that have not been recorded by giving verbal and written feedback, provide an understanding of the duties and responsibilities of parking attendants and legalize objects and parking attendants that are not yet the objects of government- assisted parking.
QUESTION CAREER PATH ACEH SHARIA POLICE Armia, Muhammad Siddiq
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.17766

Abstract

After more than a decade of imposing Islamic law in Aceh, appearing various legal problems such as career path of Sharia Police or known as Wilayatul Hisbah (WH). In one hand, WH is faced on commitment of working harder by upholding religious norms as well as national regulations. On the other hands, their career path does not have a future certainty, even futureless. In the Act of Government of Aceh WH positions hand in hand with Satuan Polisi Pamong Praja (Satpol PP), having specific task to uphold general bylaws. Unfortunately in national level there are no single regulations arranging a path of professional career for WH. This fact contributes on hesitation of WH members to pursue their future career. Some of them switch their position to other career paths, having more certainty in national level. From the perspective of budged use, skill training cost for WH members are very expensive. If most of them change their future career, it will be a big loss for national budget, because their skill cannot be used for WH development. Thus, it needs a breakthrough to resolve this problem
PROBLEMATICS OF SETTLEMENT OF INHERITANCE RIGHTS OF DAUGHTER WITH SIBLINGS IN THE MAHKAMAH SYAR’IYAH BANDA ACEH AND ACEH Amri, Aulil
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.16669

Abstract

This research discusses the Polarization of Judges' Decisions in the Settlement of Sibling Inheritance Rights (Case Study of Decision Number: 193/Pdt.G/2020/MS.Bna AND 21/Pdt.G/2021/MS.Aceh). The formulation of the problem studied is: 1. Why is there a disparity in the judge's decision regarding the position of relatives as heirs in an inheritance dispute at the Religious Court in decision number: 193/Pdt.G/2020/MS.Bna vs. 21/Pdt.G/2021/ MS. Aceh? 2. Has the judge's decision in resolving the dispute over the determination of heirs protected the rights of heirs in accordance with faraidh? This research is normative and practical juridical research, namely library research supported by results in the field in the form of interviews with related functional officials of the Banda Aceh Syar'iyah Court and Aceh Syar'iyah Court. This study concludes that: 1. The disparity in the decisions of the Banda Aceh Syar'iyah Court and the Aceh Syar'iyah Court occurred due to an understanding of the Jumhur Ulama's opinion which stated that a daughter cannot be hindered by a daughter in receiving an inheritance. Jumhur Ulama's definition of "kalalah" is the death of someone who does not have a father or son. This is in line with jurisprudence and the opinion of Ibn 'Abbas, which stipulates that girls can wear the hijab to inherit, but girls cannot wear the hijab inherited from their brothers. 2. The judge's decision at the Banda Aceh Syar'iyah Court in resolving the dispute over the determination of heirs has protected the rights of heirs in accordance with faraidh. This is because the opinion of the jumhur of scholars and the opinion of Ibn 'Abbas are in line with the opinion of the panel of judges. Then the daughter in this case is an adult and has a steady job and income, which is different from the case in jurisprudence.
PRINCIPLES OF STATE ORGANIZATION IN SURAH AN-NISA' (4): 58-59. Ruhdiara, Ruhdiara
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.13280

Abstract

Islamic State shows that the context of the discussion on the theme of government, requires to talk about the State, power, and politics and all things related to it. Because these three themes are integral (covering) in a government political system. Government and power are very urgent in a nation's community, because in this way the guarantee of an orderly life order, act based on the law, mutual trust among citizens, and the ideals of building justice for all citizens will be realized. Then the government too, as an unavoidable fact in the life of every citizen which has many meanings for them, individually and collectively. Government is the hope and opportunity to realize a prosperous and sovereign life by regulating the freedom and equal rights of its citizens. The method used in this journal article is a descriptive qualitative research method. The type of research used in the study is classified as library research, namely research in which data is processed and extracted from various books, newspapers, magazines and several writings that are related to this research and uses a normative legal approach. The results of this study indicate that in the implementation of the administration of the State, especially the government of the State in Surah An-Nisa {4}: 58-59 suggests that there are six principles of the use of political power or government power which can be seen as the principles of the administration of the State in the government system,
A RECONNAISSANCE OF MUAMALAH FIQH ON THE PROFIT-SHARING SYISTEM IN NUTMEG MANAGEMENT (CASE STUDY IN MEUKEK SUB-DISTRICT) Nurdin, Ridwan; Yuhermansyah, Edi; Afrillia, Shintia
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.18447

Abstract

Islam teaches to muamalah correctly in accordance with the shari'ah that is taught. There are several systems of mu'amalat cooperation known as muzara'ah, mukhabarah, ijarah, musaqah and syirkah. In the current economic system, the concept of profit sharing is widely used by the community with modifications that can be made freely by the parties in the business. Profit sharing is a cooperative relationship between two or more people in terms of capital, skills, or trust in a particular business with profit sharing based on a ratio. Meukek District is an area that still has a lot of nutmeg plants, although not as much as in the past. The owner of the nutmeg plantation handed over his garden to someone who was trusted to take care of his garden, because the garden owner did not have time to manage the garden. The handover of the garden was based on the results of deliberation between the two parties, which later the results from the garden were divided into two. The purpose of this study was to determine the profit-sharing system for nutmeg management in Meukek District. The research approach used by the author in the discussion of this thesis is a qualitative approach. Data collection techniques used are observation, interviews and documentation. The profit-sharing system for the management of nutmeg in the Meukek Sub-district The agreement is carried out only orally, not in writing by means of mutual consultation regarding the revenue-sharing system from the agreed management of nutmeg. The duration of the cooperation depends on the mutual agreement between the garden owner and the cultivator. The distribution of the results is done in the form of money instead of nutmeg, after the nutmeg is harvested, the tenant sells it first and then the money from the sale of the nutmeg is then distributed between the owner and the cultivator. If a loss occurs, it will be shared between the owner and the cultivator. The Fiqh Mu'amalah review of the profit-sharing system in the management of nutmeg in Meukek District has met the requirements and harmony in terms of distribution of results in accordance with the contract, implementation, and distribution results that do not harm one party and on the basis of mutual assistance in its implementation.
STATE EFFORTS IN FULFILLING THE CIVIL RIGHTS OF THE SUNDA WIWITAN BADUY INDIGENOUS COMMUNITY AFTER THE MK DECISION NO.97/PUU-XIV/2016 Rafi Drajat, Muhammad Rifqi; Rahmawati, Tiara
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.v14i1.23338

Abstract

The strength of the customary law adhered to by the Baduy traditional community comes from internal factors originating from the characteristics of the community itself, which believes in the values contained in its customary law. The implementation of the fulfillment of civil rights following the Constitutional Court decision NO.97/PUU-XIV/2016 has not been fully felt by the Baduy community, one of which is in the process of registering marriages, where until now marriage registration is still only recorded in marriage certificates issued from the village. In writing this article, research methods were used with primary and secondary data collection. The results of the research show that the State's efforts to fulfill the civil rights of believers in Indonesia have been implemented with the Constitutional Court Decision Number 97/2016 as a first step in eliminating discrimination in population registration, but its implementation requires different methods in each region and region, especially for the community. adherents of the Sundanese Wiwitan Baduy belief who strongly maintain the traditions and messages of their ancestors. As for Regional Regulation no. 8 of 2015 concerning Recognition, Protection and Empowerment of the Kasepuhan Customary Law Community, which is proof that the existence of the Baduy customary law community is actually recognized by the State.
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
JUDICIAL CONSIDERATION OF CHILD CUSTODY TO FATHER UNDER ARTICLE 105 OF INDONESIAN COMPILATION OF LAWS Fatonah, Fatonah; Amalia, Lia; Abas, Muhamad
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.v14i1.23449

Abstract

This research explores the regulation of child custody for minors under Indonesian law following divorce, based on Decision Number 3208/pdt.G/2020/PA.Krw. Divorce entails the allocation of custody to one of the separating partners, either the mother or the father. Additionally, parents are obliged to educate their children until they reach the age of 18 or marry. The study adopts a normative juridical method, finding that the regulation of child custody for minors is outlined in Article 105 of the Compilation of Islamic Law, granting a mother the right to raise a child who is not yet mature (mumayyiz) or under 12 years old, while a mature child is returned to them. However, in divorce cases, these rules may not apply, and judges have the discretion to consider the child's interests under Law Number 1, Article 41, with custody potentially revoked under Law Number 1 of 1975, Article 45(1). Custody of minors under Islamic Law is governed by Law Number 23 of 2002 concerning Child Protection, amended by Law Number 35 of 2014, Article 105, which assigns custody of children under 12 to their mothers, yet court rulings may favor fathers.
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.

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