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Journal : Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan

CIRI HUKUM ADAT DAN KARAKTRISTIKNYA Fatahuddin Aziz Siregar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i2.1473

Abstract

In today's sophisticated era we sometimes forget the background of the birth of the law that we know in the social life environment in Indonesia and other Asian countries such as Japan as a country that is almost the same in ideological settings, namely the existence of sources where legal regulations are not written and growing and developing and maintained with the customs adopted by the community as a reference and guideline in step The background in the preparation of this paper is first to understand the terms and application of customary laws and habits in society as an implementation of social and kinship in society. Especially the Indonesian people who are still very strong today even become guidelines that cannot be separated from the current law.
DAMPAK PERKAWINAN SIRRI PADA MASYARAKAT SIPIROK DITINJAU DARI HUKUM KELUARGA Hamdan Hamdan; Fatahuddin Aziz Siregar; Putra Halomoan Hasibuan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i2.8764

Abstract

This study aims to examine the practice of sirri marriage that occurs in the Sipirok community. One of the goals is to find out the phenomenon of sirri marriage in terms of family law aspects. The type in this research is juridical. While its nature is juridical-normative. Where will view the theories, principles of law and legislation. The data collection methods for this study are observation, interviews and documentation. The results of this study indicate that the practice of sirri marriage that occurs in the Sipirok community is forced. One of the causes is the bride getting pregnant out of wedlock, polygamy, education and not having enough money. According to Islam, that action is legal. Because the pillars and conditions of marriage have been fulfilled. However, according to national law, this act is illegal because it is not registered at the office of religious affairs. One of the impacts is that the marriage is not harmonious because it is often hit by debates and fights in a household. It means not getting peace in the family. Meanwhile, according to family law, that the act is not in accordance with the five principles of the Shari'ah, both aspects of religion, soul, mind, lineage and wealth.
LANGKAH-LANGKAH MENGETAHUI MAQASID ASY-SYARI’AH Fatahuddin Aziz Siregar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 1 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i1.1432

Abstract

Islamic law aims at users to get welfare and bless in life (maqasid asy-syari’ah). Here, the text of ‘illat law or hikmah (after law practice) discuss both users’ welfare and bless in life. Finally, ‘illat amar and nahyi, istiqrak, to keep Muhammad followers’ understanding, munasabah or syabah.
TELAAH SOSIOLOGI HUKUM TERHADAP FENOMENA TALAK DI LUAR PENGADILAN AGAMA Fatahuddin Aziz Siregar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.7974

Abstract

The purpose of this study is to examine the phenomenon of divorce that occurs outside the Religious Courts, especially in Bangun Purba Village. Then describes the practice of divorce in the Bangun Purba community in terms of Sociology of Law. While this type of research is field, which uses a qualitative approach. While the primary data collection methods, namely observation, interviews and documentation. To examine more deeply, researchers use legal system theory which is categorized into three types, namely legal substance, legal structure and legal culture. The results of this study indicate that the occurrence of divorce outside the Religious Courts was caused by ordinary matters and was not questioned by positive law. In addition, according to three respondents, the method of divorce that was carried out was familial (custom), namely through intermediaries, and partly witnessed directly by their respective families.