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Maqasid al-shariah: suatu kajian terhadap ijtihad Ali ibn Abi Thalib Eficandra, Eficandra
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qurâanâs and Sunnahâs text) and also according to the spirit of Shariâah. The results of Aliâs ijtihad if linked with the approach and application of maqasid al-shariâah (theÂ goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shariâah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.

Maqasid al-shariah: suatu kajian terhadap ijtihad Ali ibn Abi Thalib Eficandra Eficandra
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 1 (2012)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v12i1.21-41

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.

IMPLEMENTASI SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2015 PADA PENGADILAN AGAMA SAWAHLUNTO Muhammad Farhan; Eficandra Eficandra; Roni Efendi
JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020)
Publisher : Institut Agama Islam Negeri Batusangkar

The urgency of this research is to examine the implementation of the Supreme of the Court Circular Number 3 2015 on the addition of livelihoods for children from 10% to 20% per year. Since the determination Supreme of the Court Circular in the Family Court of Sawahlunto, in 2018 were 7 decisions have been made, 3 to applicated and 4 doesn’t. The inequality when considering the jury leads to three fundamental questions: What is the position of Supreme of the Court Circular in the concept of the positivist legal philosophy? What are the Judges considerations to implementing and not implementing Supreme of the Court Circular? Howabout the Islamic Law perspective to Supreme of the Court Circular in terms of adding child livelihood? To answer the object of research, the implementation Supreme of the Court Circular Family Court Sawahlunto is extensively examined as sociological/ empirical legal research. The results of this research philosophically Supreme of the Court Circular is a harmonization between Islamic law and positive law, on the condition that Supreme of the Court Circular offers the jury a guarantee of legal certainty when deciding on the addition of a child. Consideration of the jury in the implementation of Supreme of the Court Circular to ensure that children's livelihoods are met in terms of economic needs that further improve and maintain descendant relationships for those who do not implement Supreme of the Court Circular due to the limited ability of their fathers. Supreme of the Court Circular’s perspective on Islamic law regarding the addition of a child at 10% to 20% per year is relevant to the problem of the Maslahah Mursalah, which is to maintain hereditary relationships.

The Reconstruction of High-Inherited Wealth in Minangkabau through Cash Waqf Movement Eficandra Eficandra
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

The development and demands of modern life results in the decrease of role and existence of high-inherited wealth in Minangkabau. This fact requires a reconstruction of the development of high-inherited wealth in Minangkabau. One of them is through cash waqf movement which is an alternative in developing and empowering the people’s economy. This paper aims at explaining the reconstruction of high-inherited wealth in Minangkabau through the cash waqf movement. This study tried to offer solutions and alternatives in restoring the role and existence of high-inherited wealth in Minangkabau through the cash waqf movement. By using a qualitative approach, this study found that the cash waqf movement can restore the role and position of high-inherited wealth in Minangkabau in the following forms; first, returning or reclaiming the pawned assets and increase the number of assets through the cash waqf movement from all members of the tribe or clan. Second, striving for the legality of these assets by changing the certificate into waqf property. Third, managing the high-inherited assets productively and share the profits for the economic needs and welfare of the people or tribe. Assets management and development through the cash waqf movement can be used as a model for other communities, especially the Minangkabau community in managing people’s or tribal assets and improving the welfare of the people.

TINJAUAN FIQH MUAMALAH TERHADAP PEMANFAATAN TUMBUHAN SEBAGAI PAMBATEH TANAH Sandra Eka Mulia; Eficandra Eficandra
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

The main problem in this study is the analysis of the use of plants used as soil Pambateh according to Fiqh Muamalah (Case Study of Jorong Bukik, Nagari Tanjuang Bonai, North Lintau Buo District, Tanah Datar Regency). The purpose of this study was to fint out and explain what factors caused the collapse of plants that were used as soil Pambateh. To find out and explain how to resolve disputes over the use of plants used as land Pambateh. And to find out and esplain how fiqh muamalah reviews the status of ownership of plants used as land Pambateh in Jorong Bukik, Nagari Tanjuang Bonai, North Lintau Buo District, Tanah Datar Regency. The type of research that the author uses in this research is (field research) with a qualitative approach. Primary data sources in this study consisted of three plant owners, three parties who used plants, two Ninik Mamak, two Alim Ulama and Kerapatan Adat Nagari (KAN). The results showed that the factor of the collapse of natural factors in the form of prolonged heavy rains, the presence of livestock that stepped on the soil, and many people who threw garbage on the land. With the collapse of plants that are used as land Pambateh, there is a dispute between the owner of the plant and the party who used the plant. The way to resolve the dispute is through deliberation and consensus.

PELAKSANAAN PENIMBANGAN DALAM JUAL BELI BUAH KELAPA SAWIT DALAM TINJAUAN HUKUM POSITIF DAN FIQH MUAMALAH (Studi Kasus di Nagari Talao Sungai Kunyit Kecamatan Sangir Balai Janggo Kabupaten Solok Selatan) Randi Yohari; Eficandra Eficandra; Afrian Raus
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

This study aims to explain the implementation of weighing oil palm fruit in Nagari Talao Sungai Kunyit in terms of positive law and fiqh muamalah. This research is a field research. Data were obtained in two ways, namely secondary data and primary data. The primary data are toke (collectors), oil palm farmers and the Head of the Cooperative and Industry Office of South Solok Regency, while the secondary data sources are the profile of Nagari Talao Sungai Kunyit, Nagari year-end reports and Indonesian legislation. This study found that the implementation of weighing in the sale and purchase of oil palm fruit in Nagari Talao was carried out with containers made of wood that were rarely arranged, so that many “brondol” (small) palm fruit fell. Oil palm fruit that falls from the container is not counted in the scales, as a result of farmers' losses. In fact, the number of “brondol” (small) palm oil that has fallen is quite a lot. In positive law, the implementation of weighing selling oil palm fruit in Nagari Talao is not in accordance with the provisions of Article 25 and Article 28 of Law Number 2 of 1981 concerning Legal Metrology, Article 2 of the Minister of Home Affairs Number 68 of 2018 concerning UTTP Calibration and Re-calibration and Article 8 of Law -Law Number 8 of 1999 concerning Consumer Protection. In this explanation, it is explained that the weighing in buying and selling will not harm either party and the scales used must be recalibrated once a year. As for the implementation of fiqh muamalah muamalah in Islam, namely injustice to fellow humans, and there is no fraud (gharar) and elements of coercion (al-ikrah).

DEMONSTRASI DALAM TINJAUAN MAQASHID AL-SYARI’AH Dian Putri; Eficandra Eficandra
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

Studi ini membahas tentang Demonstrasi Dalam Tinjauan Maqashid Al-Syari’ah. Jenis penelitian adalah penelitian kepustakaan (library research) di mana bahan-bahan di kumpulkan melalui buku-buku, undang-undang serta jurnal yang berkaitan dengan penelitian. Metode yang digunakan adalah metode penelitian kualitatif yang merujuk kepada buku, jurnal, dan peraturan perundang-undangan yang berkaitan dengan pokok bahasan penelitian. Teori yang dipakai adalah toeri demonstrasi, teori maqashid al- syari’ah, teori amar ma’ruf nahi mungkar, dan toeri kaidah taghaiyyur al-ahkam. Dari hasil penelitian yang penulis lakukan dapat disimpulkan bahwa setiap warga negara dapat mengemukakan pendapatnya melalui demonstrasi. Tidak ada yang salah dengan aksi demonstrasi, jika dilakukan sesuai dengan aturan yang berlaku. Adapun tinjauan maqashid al-syari’ah tentang pelaksanaan demonstrasi adalah boleh dilakukan dalam rangka mengkritik penguasa atau pemerintah dengan cara yang baik dan dilakukan dengan niat menjalankan tugas amar ma’ruf nahi mungkar. Selama tidak melanggar aturan dan menimbulkan mudharat bagi orang lain. Akan tetapi, jika dilakukan dengan cara yang melanggar aturan, anarkis, dan menimbulkan mudharat bagi orang lain demonstrasi tidak diperbolehkan.

Satuan Pengawasan Internal : Harapan dan Realita Sri Adella Fitri; Eficandra; Mega Rahmi; Sulastri Caniago; Yosep Eka Putra
Fair Value: Jurnal Ilmiah Akuntansi dan Keuangan Vol. 4 No. 8 (2022): Fair Value: Jurnal Ilmiah Akuntansi dan Keuangan
Publisher : Departement Of Accounting, Indonesian Cooperative Institute, Indonesia

This study aims to analyze the role of internal control at PTKIN X in West Sumatra. Thework environment at PTKIN X in West Sumatra can cause differences in mindsets,perspectives, values that are believed to be, and the way a person does work. This willcertainly result in the supervision carried out, whether the implementation of supervisionis as expected, or vice versa. The type of research conducted is field research using asurvey approach. Researchers dig up information through in-depth interviews of therespondents (in-depth interviews). The results obtained from the supervision have beencarried out in various stages, starting from socialization to the overall implementationstage. Supervision is carried out by combining the pattern of Preventive audit with postaudit. The implementation of supervision at PTKIN X is carried out with the support of theleadership in various aspects, ranging from completeness, completeness of facilities andinfrastructure, maximum human resource development and flexibility in the developmentof supervision programs. The Internal Supervision Unit will become a functioning organwhen all elements have understood the meaning of the existence of supervision, withoutany supervision over the duties and functions of the Internal Audit Unit.

Sharia-Based Customs in Unregistered Marriage Rules (Case Study in Rambatan Village, West Sumatra) Muhammad Khalilurrahman; Eficandra Eficandra; Dodon Alfiander
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Al-Istinbath: Jurnal Hukum Islam

This study focuses on the factors causing the birth of customary rules, then forms of customary sanctions, and the implementation of customary rules, as well as analyzes the dynamics of implementing customary rules against unregistered marriages in the view of Islamic law. The type of research conducted was field research. Primary data sources were Ninik Mamak, Wali Jorong, Religious Counselors, perpetrators of unregistered marriages, and their relatives. Secondary data sources were books and journals about marriage, customs, Islamic law and Positive law. The data were collected through semi-structured interviews and documentation techniques. Data analysis and interpretation techniques were data reduction, data presentation and conclusions. The technique of guaranteeing the validity of the data was by triangulation of sources. The results of the study indicate that the cause of the birth of customary rules was because they were not in accordance with Islamic teachings, positive law, and were considered a disgrace to the people. Forms of sanctions for the perpetrators of this unregistered marriage were expelled from the Nagari, if they were not pleased then paid a fine for slaughtering a goat, and if they did not want to do it, then they were set aside as long as the custom. Those who paid the fine had to do so in public and apologized to Ninik Mamak. Of the 11 pairs who performed unregistered marriages, 7 pairs were expelled from Nagari, 2 pairs paid a fine for slaughtering a goat, and 2 pairs were set aside from the custom. This rule is in line with sadd al-zari'ah principles in Islamic law.

TRADISI PERKAWINAN ALEK JAMU DI LINGKUNGAN ADAT NAGARI LUBUAK BATINGKOK DALAM PERSPEKTIF HUKUM ISLAM M Al Fadhli; Eficandra Eficandra
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v3i2.6876

In Islam, the validity of a marriage occurs when the marriage contract has fulfilled the pillars and conditions. If the pillars and conditions are fulfilled, then the marriage can be done this because there is no longer a barrier to realizing a marriage. However, in Nagari Lubuak Batingkok, Lima Puluh Kota Regency, there is a tradition before holding a marriage called the alek herbal tradition where this tradition is a series that must be taken before carrying out a marriage and carrying out walimahtul ursy activities. If the traditional procession is not carried out, the marriage cannot be carried out because it will cause someone to be prevented from getting married. If the marriage continues, the bride's family will be subject to customary sanctions in the form of not being brought again in traditional activities in the village. This research focuses on the implementation of the alek jamu marriage tradition, the impact and consequences of the alek jamu marriage tradition and how the alek jamu marriage tradition in the traditional environment of Nagari Lubuak Batingkok, Harau District, 50 City Regency according to the Islamic Law Perspective. The type of research carried out is field research which is processed descriptively. The results of this study indicate that in the implementation of this traditional herbal medicine, the traditional processions carried out are Manalisiak, manyuduik and ayam putiah tabang Siang. The impact of not carrying out this traditional herbal medicine is the obstruction of marriage, banishment as long as it is customary, paying fines, being ostracized in the community and becoming a disgrace and mental pressure for the family in the community. The traditional tradition of alek jamu marriage in Nagari Lubuak Batingkok according to the perspective of Islamic law is allowed because it is categorized as Urf sahih due to the element of benefit in its implementation, namely to get a good partner and establish closeness with niniak mamak. However, if the alek jamu tradition contains harm in the form of preventing marriage and causing elopement, then this tradition is not allowed because it is categorized as urf fasid.

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