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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-Manahij: Jurnal Kajian Hukum Islam Jurisprudentie MODELING: Jurnal Program Studi PGMI Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Islamic Management: Jurnal Manajemen Pendidikan Islam AT-TURAS: Jurnal Studi Keislaman JISIP: Jurnal Ilmu Sosial dan Pendidikan Jurnal EDUCATIO: Jurnal Pendidikan Indonesia Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Rayah Al Islam : Jurnal Ilmu Islam Alauddin Law Development Journal (ALDEV) Jurnal Manajemen Pendidikan dan Ilmu Sosial (JMPIS) Law Development Journal Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities JUDGE: Jurnal Hukum Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab JIS : Journal ISLAMIC STUDIES Abdi Masyarakat UIKA Jurnal Penelitian Pendidikan Indonesia Tabayyun : Journal of Islamic Studies Tabayyanu : Journal of Islamic Law FATHIR: Jurnal Studi Islam
Tanjung, Dhiauddin
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Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Martuppak Tradition in The Marriage of Mandailing Tribe in Pasaman District from The Perspective of Islamic Law Reski, M.; Hafsah, Hafsah; Tanjung, Dhiauddin
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.18-34

Abstract

This research is motivated by the Mandailing tribe in Pasaman Regency considers that the practice of the Martuppak tradition is a form of debt and credit that is carried out when they want to hold a marriage. Then in the practice of the Martuppak tradition there is an obligation for someone to pay back the money that has been given. This is the cause and effect of the Martuppak tradition practice system, there is a reciprocal relationship between the giver of tuppak money and the recipient of tuppak money. Martuppak is giving some money to someone or to the suhut and then must be returned based on the amount given with an additional amount of at most 10% and at least 1% (sincerely). Therefore, researchers are interested in researching the problem, as for the formulation of the problem in this study is first, how is the implementation of the Martuppak tradition at the Mandailing tribe community marriage in Pasaman Regency. Second, what are the views of religious leaders, traditional leaders and the people of Pasaman Regency about the Martuppak tradition, third, how is the legal analysis of the Martuppak tradition at the Mandailing tribe community marriage in Pasaman Regency in the perspective of Islamic law? The aims of this research is to find out how the implementation of the Martuppak tradition at the Mandailing tribe community marriage in Pasaman Regency. To find out how religious leaders, traditional leaders and the people of Pasaman Regency view the Martuppak tradition and to find out the legal analysis of the Martuppak tradition at the Mandailing tribe's marriage in Pasaman Regency in the perspective of Islamic law. The method used is field research using interview techniques, then the data is analyzed using qualitative descriptive analysis methods. From the results of the analysis that the author conducted on the data, it can be concluded that every debt and credit that contains benefits is usury, and everything that contains usury is forbidden. Therefore, the Martuppak tradition practiced by the Mandailing tribe in Pasaman Regency is included in debts and credits that contain benefits and the tradition is a fasid tradition.
Maqasid Syariah Perspective Abu Hamid Muhammad Bin Muhammad Al-Ghazali Dayrobi, Mhd; Tanjung, Dhiauddin
AMK : Abdi Masyarakat UIKA Vol 3 No 3 (2024): SEPTEMBER
Publisher : Universitas Ibn Khaldun

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Abstract

Maqasid sharia, if traced from its development, has existed since the time of Rasulullah SAW. Even though at that time the theme of maqasid syari'ah had not been clearly stated, at least maqasid syari'ah had provided color and contribution to Islamic legal legislation in accordance with the objectives of establishing Islamic law. This research aims to describe Imam Ghazali's thoughts regarding maqasid Sharia. This research is library research and is included in descriptive research and is a type of bibliographic research because it tries to collect data, describe and analyze Imam al Ghazali's thoughts regarding maqashid sharia. In this research, it is concluded that Imam al-Ghazali's Maqasid Syari'ah Thought can be traced from his books, especially in the book al-Mustasfa min Ilmi al-Usul. He classifies maslahah based on whether the syara' is accepted or not accepted into 3 (three) types, namely Maslahat al-mu'tabarah (benefits that are justified by the syara'), Maslahat mulgah (benefits that are rejected by the nashsyara'), and Maslahah murlahah (benefits that are not justified and not canceled by Sharia'). Al Ghazali also divided the levels of maqasid sharia into 3 (three), namely the levels of daruriyah (primary needs), al-hajjiyat (secondary needs) and tahsiniyat (tertiary needs). Of these three levels, only the emergency level can serve as a guide in determining Islamic law. Meanwhile, at the hajiyat and tahsiniyat levels, they cannot be used as guidelines in determining laws unless they are strengthened by evidence.
Tinjauan Hukum Positif dan Hukum Islam Meminjam Barang pada Wilayah Publik Tanpa Akad Sharih Handoko, Riki; Tanjung, Dhiauddin
Alauddin Law Development Journal (ALDEV) Vol 5 No 1 (2023): ALDEV
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v5i1.35024

Abstract

Islam mengatur tentang tatacara ber-mu’amalah sebagai sarana hablun minnan nas dengan menerapkan akad yang sesuai dalam setiap kegiatan yang dilakukan. Pinjam-meminjam barang adalah hal yang umum dalam ber-mu’amalah, namun dalam hal pinjam-meminjam pada area publik tidak jelas apa akad yang digunakan sehingga tidak diketahui batasan-batasan tentang pinjam meminjam di area publik. Sehingga tujuan penulisan ini untuk mengetahui kedudukan hukum fiqh terhadap meminjam barang pada wilayah publik tanda akad sharih. Penelitian ini menggunakan metode penelitian kualitatif dengan analisis deskriptif berdasarkan kajian Pustaka secara umum. Dari hasil penelitian ditemukan meminjam barang tanpa akad sharih pada wilayah publik secara umum dapat dikatagorikan sebagai ariyah, dimana merupakan pinjam meminjam dengan tujuan tolong menolong, dimana musta’ir meminjam barang kepada mu’ir untuk diambil mamfaatnya, dan setelah selesai barang yang dipinjam haruslah dikembalikan, dimana akad dapat dilihat dari niat peminjam sebagai mu’ir kepada yang meminjam sebagai musta’ir.
Juridical Analysis of the Tradition of Consuming Tritis (Case Study of the Muslim Community in Karo from 2011 to 2022) Sitepu, Fahri Roja; Tanjung, Dhiauddin; Syahputra, Akmaluddin
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.47923

Abstract

The Law on Consuming Tritis from the Perspective of the Fatwa of the Indonesian Ulema Council (MUI) of North Sumatra Province No. 5 of 2011 Concerning the Law on Tritis and Law No. 33 of 2014 of the Republic of Indonesia Regarding Halal Product Assurance (Case Study of the Muslim Karo Community from 2011-2022) This journal explores the traditions of the Muslim Karo community in consuming tritis in relation to the implementation of the MUI North Sumatra Province Fatwa No. 5 of 2011, which discusses the legal status of consuming tritis. Tritis, a traditional food derived from undigested cow food processed with certain spices, holds significant cultural meaning for the Muslim Karo community. This study aims to explain the practice of consuming tritis in the Karo region and how these practices align with the religious guidelines provided by the MUI fatwa. Using an empirical juridical research approach and case study methodology, this research includes observations, interviews, and document studies. Through qualitative data analysis and deductive reasoning, this study examines the consumption habits of the Muslim Karo community and evaluates them based on the fatwa's provisions. The findings show that the tradition of consuming tritis is deeply embedded in Karo culture, influenced by long-held beliefs about the health benefits of tritis and the ease of obtaining its ingredients. However, the legal status of consuming tritis, as outlined by the MUI Fatwa No. 5 of 2011, states that the practice is haram because it derives from animal materials prohibited under Islamic law. The implementation of this fatwa has been inadequate due to a lack of religious knowledge, insufficient fatwa socialization, and deeply rooted cultural factors.
Telaah kritis upaya peninjauan kembali dalam perkara perceraian di peradilan agama perspektif mashlahat al-mursalah Misran, Misran; Tanjung, Dhiauddin; Pagar, Pagar
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 10, No 2 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020242610

Abstract

This paper aims to analyze the impact and legal consequences of extraordinary legal efforts for judicial review in the religious courts of divorce cases from the perspective of mashlahat al-mursalah. The method used is normative legal research using multiple approaches including legislation, cases, and a comparative approach with data analysis techniques using descriptive analysis methods. The conclusion of this study shows that legal remedies for judicial review of divorce cases that have permanent legal force (inkracht van gewijsde) create new problems (mafsadat) in society, so for the sake of legal certainty, it is better if legal remedies taken against divorce cases are sufficient to the level of appeal. or just appeal. The Compilation of Islamic Law (KHI) has a strategic position to regulate the provisions of the procedural law, considering that the position of KHI so far has not only played a role in regulating material law, it also regulates formal law against Muslim divorces in Indonesia.
Hukum Musik Dalam Perspektif Saddu Dzara’i Abduh, Muhammad; Tanjung, Dhiauddin
Tabayyun : Journal Of Islamic Studies Vol. 2 No. 02 (2024)
Publisher : Tabayyun : Journal Of Islamic Studies

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Abstract

This article aims to explain how the law of music is in the perspective of saddu dzara'i. The issue of whether music is haram or not is still an interesting discussion at this time. The Salafis consider that music is absolutely haram, while Ibn Hazm allows music to be used to invite goodness. This research is qualitative research which is carried out by collecting, analyzing, and interpreting the narrative comprehensively on visual data to obtain a complete, comprehensive, and holistic insight into the law of music in the perspective of saddu dzara'i. The results of this study show that a music has two law, there are halal and haram based on their respective reasons. Music becomes halal when it is used for good purposes and is not mixed with disobedience and Music becomes haram if it is used for a bad purpose and contains inadversity such as the designation of pornography. 
Analysis of Interfaith Marriage from the Perspective of Maqashid Shariah AS-Syathibi Sebayang, Muhammad Alfalah; Tanjung, Dhiauddin
Judge : Jurnal Hukum Vol. 5 No. 02 (2024): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v5i02.563

Abstract

Interfaith marriages are in the news on TV and social media, with both pros and cons. Those who are pro argue that such actions are based on humanity and human rights and do not care about religious differences as long as the family is harmonious and happy. On the other hand, the cons argue from the perspective of positive law, which prohibits it in Indonesia, and according to fiqh, the marriage is invalid. The purpose of this study is to understand how Maqashid al-Syariah Syatibhi views interfaith marriage and what its impact is. The method used is descriptive-analytical, examining Indonesian normative or positive law, conceptually comparing it with the Compilation of Islamic Law (KHI), and investigating arising issues. The results of this study indicate that interfaith marriage has more adverse effects than benefits. The data collection technique uses a comparative analysis of interfaith marriage and Maqasid Sharia. The results of this study indicate that interfaith marriage is not allowed in Islam because it contradicts five maqasid sharia concepts: (1) Maintaining Religion, suggesting religion as a life guide; (2) preserving the soul, as different teachings may cause internal conflict; (3) preserving the mind, as one might be led astray by improper use of reason; (4) preserving offspring, as different religions could hinder the fulfillment of their duties as Allah’s caliphs; (5) maintenance of property, as different religions prevent mutual inheritance. Marriages meant to foster household harmony often end in divorce due to disputes over children’s religious choices and inheritance issues. The conclusion of this research is that interfaith marriage is prohibited by Indonesian positive law and haram according to fiqh. Meanwhile, Maqashid al Sharia views the number of evils as outweighing the good.
Pandangan Para Ulama Terhadap Syar'u Man Qablana Hermawan, Randi; Tanjung, Dhiauddin
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

Moving on from the near extinction of syar'u man qablana in Islamic legal methodology because it was deemed not to have contributed much to the discourse of Islamic legal thought, this article attempts to examine and reposition the existence of syar'u man qablana in the present era. Syar'u man Qablana is the shari'ah of the previous prophets before the Islamic shari'ah brought by the Prophet Muhammad. There are several views on understanding. Syar'u man qablana, both as a barrier (takhsis), nasikh and even as a method, is primarily related to the application of previous shari'ah in the present. Syar'u man qablana can contribute to the exploration of Islamic law, if it is contextualized with the development of contemporary thought, of course all of this stands on the benefit of the Muslim community as a whole and is supported by an understanding of maqashid al-syai'ah. The application of contextualizing syar'u man qablana is by repositioning syar'u man qablana as a method with the technique that Islamic law at the time of the Prophet Muhammad is seen as syar'u man qablana for Muslims living today. Among the provisions of the sharia, some are still valid, some are not valid. This effort is carried out not by replacing normative texts, but rather by contextualizing the laws contained in these normative texts to current conditions.
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.
Co-Authors Anshari Nasution, Muhammad Zaid Arrasyid, Fauzan Aulia, Nurul Daulay, Indi Ramadhani Dayrobi, Mhd Hafsah Hafsah Handoko, Riki Harahap, Mhd. Yadi Hayati, Zahra Hidayat Hidayat Hisyamsyah Dani, Muhammad Izhar Izhar, Izhar Khailid, Muhammad Khair, Nispul Lubis, Akma Qamariah Mahfuzah, Nandani Zahara Matsum, Hasan Misran Misran Muhammad Abduh Muhammad Agung Muhammad Syukri Albani Nasution Muhammad Yusuf, Januddin Nasution, Evriza Noverda Nasution, Pirmansyah Nawir Yuslem, Nawir Nita Wati, Asrat Pagar, Pagar Purnama, Deni Rahmawati Siregar, Lili Ramadani, Nadia Randi Hermawan, Randi Reski, M. Ritonga, Ali Bata Rizki Maulana, Rizki Safitri, Bujing Safpuriyadi Sandra Dewi, Atika Sebayang, Muhammad Alfalah Siddik, Ibnu Radwan Sitepu, Fahri Roja Sukiati Sukiati Surya Surya Syahmedi Siregar , Ramadhan Syahputra, Akmaluddin Wahyudi, Nano Yusuf Harahap, Bahtiar