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TINJAUAN HUKUM PROGRESIF TERHADAP PEMBERIAN WASIAT WAJIBAH BAGI AHLI WARIS NON-MUSLIM Fatahuddin Aziz Siregar
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 8, No 1 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v8i1.7667

Abstract

This study aims to describe the problem of determining compulsory wills for non-Muslim heirs, this will be studied using a progressive legal perspective. While the type of   research used is qualitative research and is supported by literature research and uses a normative-juridical approach. The results of this study showed that the panel of judges of the Supreme Court considered that non-muslim heirs were entitled to a mandatory testamentary share of 1/4 or 25% of the property left by the testator. The reason is, heirs often accompany heirs both in good health, illness, and anything else entered when heirs seek treatment in China until heirs are willing to accompany them. Therefore, the practice of giving a compulsory will is a form of substantive justice to heirs as is characteristic of progressive law. Moreover, justice according to progressive law, it is not the state that asserts mechanisms but substantive justice.
The Relationship Between Dowry And Education: The Practice Of Giving Dowry In Padang Sidempuan Ahmad Rusli Pasaribu; Fatahuddin Aziz Siregar
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7989

Abstract

The research problem is the influence of women's education on marriage dowries in the city of Padang Sidimpuan. Giving dowry is mandatory in marriage while education is experience in studying in formal educational institutions so giving dowry based on education is a practice in society in giving marriage dowries. Articles 30 and 33 state that the determination of the dowry must be made by both parties and must be made in cash, but in a state of debt at the time after the contract, it does not cancel the marriage. The research methodology used is qualitative field research, namely research conducted by collecting primary and secondary data on the phenomenon that is happening directly. this research which becomes the primary data is data obtained directly from the research subject. Primary data is the influence of education in determining the dowry and public opinion on the matter in Padang Sidimpuan. Primary legal materials are the Al-Qur’an and Hadist, Book translation dictionary. Furthermore, data collections techniques were carried out by interview, observation, and documentation. The result of this study are, firstly Education is indeed the determinant of dowry in marriages in the city of Padang Sidempuan, this is supported by several factors such as the request of the prospective wife, and secondly, the dowry given is a form of honoring the wife.
Implementasi Metode Talaqqi dalam Meningkatkan Kualitas Hafalan Al-Qur’an Siswa MTs Nurul Falah Panompuan Tapanuli Selatan Nurliana Shinta Harahap; Fatahuddin Aziz Siregar; Hamdan Hasibuan
ISLAMIKA Vol 5 No 3 (2023): JULI
Publisher : Pendidikan Agama Islam STIT Palapa Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36088/islamika.v5i3.3679

Abstract

In learning tahfidzul Qur'an, one of the methods used is the talaqqi method. This method is carried out face to face or directly with teachers and students. So that this method is very suitable to be done in the learning process of tahfidz Al-Qur'an. In this method a student has to deal directly with the teacher, both himself and several students. When someone makes a mistake, the developer immediately fixes and corrects the mistake. memorizing the Qur'an Requires a technique and method that can facilitate these efforts in order to get satisfactory results. This study uses a qualitative approach. The research was conducted by observing the surrounding phenomena and analyzing them using scientific logic. Data analysis used is descriptive qualitative. The results of the study show that: 1) Implementation of the implementation of hifzul Qur'an at MTs Nurul Falah students using the talaqqi method, where two students take turns depositing their memorization directly to caregivers, both additional and deresan/muroja'ah, 2) Inhibiting factors and implementation of the talaqqi method in memorizing the Qur'an at the Nurul Falah Panompuan Islamic boarding school, from the inhibiting factors, namely the difficulties of the students in managing time, the students are less consistent. From the supporting factors, namely the existence of adequate facilities and infrastructure, the existence of good quality coaching in the field of recitation, fashahah and coaching on how to memorize and keep the memorization of the Al-Qur'an, trainers according to their fields, namely the Al-Qur'an, environmental conditions be calm.
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.