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Journal : Journal of Law, Poliitic and Humanities

The Views Of The Indonesian Ulema Council Of North Sumatra Province On The Punishment Of Husbands Who Marry Without The Wife's Permission In The Criminal Code Anshari Nasution, Muhammad Zaid; Tanjung, Dhiauddin; Syahmedi Siregar , Ramadhan
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.454

Abstract

This study aims to (1) find out the provisions of the punishment of husbands who marry without the wife's permission in the Criminal Code (2) find out the views of the Indonesian Ulema Council of North Sumatra Province on the punishment of husbands who marry without the wife's permission in the Criminal Code (3) the author's analysis of the views of the Indonesian Ulema Council of North Sumatra Province on the punishment of husbands who marry without the wife's permission in the Criminal Code. This research is designed with a qualitative method with the type of research of this thesis is field research. The result of the research is that a husband who marries without his wife's permission is a crime in the Criminal Code. In addition to being a crime, it is considered an unlawful act (wederrechtelijk) in the context of Criminal Law. The MUI of North Sumatra Province is of the view that the criminalization of husbands who marry without the wife's permission is permissible even though in Islam there is no sanction/punishment for husbands who marry siri (secretly) and without the knowledge of the wife. A husband who remarries without his wife's permission can cause more harm than good. The imposition of sanctions (punishment) is also permitted because it can be classified as Ta'zir and contains benefits because it is a policy to protect wives who feel harmed.
The Concept Of Legal Reasoning Of Judges In Islamic Law Regarding Legal Decisions For Drug Addicts In The Mandailing Natal District Court Yusuf Harahap, Bahtiar; Sukiati, Sukiati; Tanjung, Dhiauddin
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.527

Abstract

This research examines the concept of legal reasoning of judges in Islamic law related to legal decisions for drug addicts in the Mandailing Natal District Court. Legal reasoning in Islamic law involves interpreting the Quran, Hadith, Ijma, and Qiyas to reach a just decision. This research uses a qualitative approach with a case study method, analysis of decision documents, interviews with judges, and trial observation. The results showed that the judge combined the principles of Islamic law with Indonesian positive law. In the case of drug addicts, judges consider: Justice and Public Welfare: A verdict that not only punishes but also provides opportunities for rehabilitation. Interpretation of Islamic Law Sources: Referring to the Quran, Hadith, and scholarly opinions on punishment for drug addicts. Social Context and Positive Law: Ensuring the verdict is in line with national laws and local conditions. Rehabilitation and Protection of Human Rights: Support for the rehabilitation and recovery of addicts. In conclusion, the concept of judges' legal reasoning in Islamic law plays an important role in determining decisions that are fair, humane, and support the recovery and welfare of society. Practical implications include improving judges' understanding of Islamic legal reasoning and the integration of rehabilitative approaches in court decisions.
The Application of Zakat On Business Results As A Strategic Effort To Build The Economy of The People of Medan City Aulia, Nurul; Tanjung, Dhiauddin; Matsum, Hasan
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.528

Abstract

This study aims to assess the essence of zakat on business results as an instrument in improving the welfare of the community and describe the implementation of zakat on business results as a strategic effort in building the economy of the people of Medan city. This research uses descriptive qualitative method to provide as much detail as possible about the implementation of business zakat. This research is a normative-empirical research with the research subjects of businesses in Medan city whose profits have reached nisab and haul. The object of this research is business zakat based on the Qur'an and hadith. The data collection technique used in this research is by collecting data from related literature such as the Qur'an, journals, books and other sources that support this research, then using reading and recording techniques. Data analysis techniques using descriptive techniques. The results of this study show: (1) Definition of Zakat on Business Results; (2) Businesses in Medan City that can be charged with Zakat on Business Results; (3) Application of Zakat on Business Results in the View of Islamic Law.
Inheritance Rights of The Youngest Child In The Middle Barumun Indigenous Community From The Perspective of Islamic Law Rahmawati Siregar, Lili; Khair, Nispul; Tanjung, Dhiauddin
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.530

Abstract

This study aims to examine the determination of inheritance for the youngest child in the Central Barumun customary society from the perspective of Islamic law. The customary tradition of Central Barumun has its own rules and customs in the distribution of inheritance which is sometimes different from the provisions of Islamic law. This research uses field research (filed research) with a case study approach, collecting data through interviews with traditional leaders, indigenous people, naposo bulung adat and local religious leaders, then using data collection methods that are reviewed by observation, and related documents. The results showed that in the customary society of Central Barumun adheres to the inheritance distribution system with the descent system by giving automatically given to adult sons, and for the youngest child often gets special treatment in the distribution of inheritance and done by parents during life. If there is any remaining inheritance, it will be distributed after the parents die. Girls will not get the inheritance if it is not given by their brothers. Although in the view of Islamic Law the division carried out by the system cannot be called the division of inheritance, as stated in the Koran as the main guide to inheritance law in Islam which has determined the portion of each heir in accordance with the provisions that have been determined from Allah SWT, with a predetermined size based on the small and large age and has been confirmed by Islamic inheritance law stipulates that every time there is a death, the determination of the share of each heir must be done.