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All Journal Al-'Adalah Jurnal Ilmiah Al-Syir'ah Kamaya: Jurnal Ilmu Agama Iqtishoduna: Jurnal Ekonomi Islam Amwaluna Jurnal Ekonomi dan Keuangan Syariah Pena Justisia: Media Komunikasi dan Kajian Hukum El-Ghiroh : Jurnal Studi Keislaman ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum International Journal of Social Service and Research Legal Protection for the Partnership Agreement Parties Journal International Dakwah and Communication Jurnal Penelitian Pendidikan Indonesia
Nawir Yuslem, Nawir
Fakultas Syariah IAIN Sumatera Utara
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analysis of Maqāshid Sharī’a on Substitute Heir in Compilation of Islamic Law (KHI) Saniah, Nur; Yuslem, Nawir; Matsum, Hasan
al-'adalah Vol 20, No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16062

Abstract

This study analyzes the application of maqāshid sharī’a (objectives of shari'a) regarding substitute heirs as outlined in article 185 paragraphs 1 and 2 of the Compilation of Islamic Laws the research aims to find out the philosophical basis of maqāshid sharī’a regarding the importance of giving inheritance to substitute heirs. This research is a normative legal research that uses a philosophical approach. Data were collected using literature techniques, then analyzed descriptively qualitatively through maqāshid sharī’a theories. This study shows that the determination of inheritance for substitute heirs in Article 185 is important to realize because it contains many maslahah (benefits) both sociologically and psychologically. The philosophical foundation of maqāshid sharī’a in inheritance for substitute heirs is not only limited to protecting assets (hifzd al-māl) but also to improving their quality of life (tanmiyah al-nasl wa al-māl). Substitute heirs are not enough just to be given assets, they also need care and affection from their extended family. Viewed from the maslahah position, giving inheritance to substitute heirs to improve their quality of life is included as maslahah dharūriyah (urgent needs).
Strategy for Strengthening Business Incubators to Form an Entrepreneurial Spirit in Islamic University Siregar, Dahrul; Yuslem, Nawir; Nawawi, Zuhrinal M
AMWALUNA (Jurnal Ekonomi dan Keuangan Syariah) Vol 7, No 1 (2023)
Publisher : Univeristas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/amwaluna.v7i1.12062

Abstract

The purpose of this study is to analyze the strategy in Strengthening Business Incubators to Form an Entrepreneurial Spirit in Islamic Higher Education. This study uses the Analytic Network Process method and the help of Super decision software. The results of the study show that the obstacles encountered in the Business Incubator Strengthening Strategy as forming an entrepreneurial spirit in Islamic Universities in North Sumatra can be divided into two, namely internal and external problems. Internal problems come from regulations, lecturers, digitization and infrastructure, while external problems come from network partners, environment and funding. Based on the results of the research that has been done, regulatory issues are a top priority in the Business Incubator Strengthening Strategy to Form an Entrepreneurial Spirit in Islamic Higher Education in North Sumatra with a score of 0.298.
Hadiths About Human Intellect in the Book of Shu'ab al Iman by Imam al-Baihaqi Adnir, Farid; Yuslem, Nawir; Nasution, Muhammad Roihan
Journal International Dakwah and Communication Vol. 4 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah Pariangan Batusangkar, West Sumatra, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/jidc.v4i1.606

Abstract

This article discusses the hadith contained in the book "Syu'ab al-Iman by Imam al Baihaqi, which emphasizes the importance of Islam directing the potential of the human mind at an early stage, analyzing the wisdom of Allah SWT, and absorbing it, which is something that is very close to the ruler spirit, namely Allah, the Almighty Creator, the Almighty, who created the heavens and the earth correctly. The aim of this research is to analyze the hadith concept about human reason in the book Syu'ab al-Iman by Imam Baihaqi. This research was carried out using literature research, namely reading, analyzing through books, journals, articles, and using a hadith science approach, namely thematic. The research results show that the hadith on human reason contained in the book Syu'ab al-Iman by Imam al-Baihaqi conveys the message that understanding the basics of one's reason is the key to truly appreciating Islamic teachings. The context of the hadith details how the development of reason and critical thinking are important aspects in understanding and deeply appreciating Islamic values. This hadith also highlights the concept that Islam does not only demand outward obedience, but also teaches the necessity to understand and use reason as the basis of religion. By detailing the hadith in the book "Syu'ab al-Iman", readers are invited to reflect on how mature reason can provide a deeper dimension to one's Islamic practice.
Model for Implementing Profit and Loss Sharing Financing In Sharia Banking in North Sumatra, Indonesia Sinaga, Fatimah Yanti; Yuslem, Nawir; Siregar, Saparuddin
IQTISHODUNA: Jurnal Ekonomi Islam Just Accepted Manuscript and Issue in Press Year 2024
Publisher : Program Studi Ekonomi Islam Fakultas Ekonomi dan Bisnis Islam Institut Agama Islam Syarifuddin Lumajang

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

Abstract

This research examines the implementation of profit and loss-sharing financing in Sharia banking in North Sumatra. Profit and loss sharing is where one party, having capital (shahibul maal or rabbul maal), entrusts a certain amount of funds to another party, a business actor (mudharib), to carry out an activity or business. The theoretical basis of this research uses several main theories. The basic theory used in this research is Profit and Loss Sharing (PLS) with two main models, namely mudharabah and musyarakah. The ratification of Law of the Republic of Indonesia No. 21 of 2008 concerning Sharia Banking (UUPS) is a responsive effort to the growth of the Sharia banking industry in Indonesia. The main principle applied is the principle of profit sharing with different characteristics from the interest system, one of which is financing products. Although still faltering, the development of sharia financing has begun to grow significantly both through mudharabah and musyarakah. This research uses a descriptive research approach on qualitative and quantitative data carried out using pairwise comparison questionnaire interviews and documentation. The results are divided into five parts: analysis of research synthesis results, analysis of aspect synthesis results, analysis of problem synthesis results, analysis of solution synthesis results, strategy cluster analysis, and implementation model.
Praktik Suap di Birokrasi Pemerintahan Perspektif Tafsir Ahkam Al-Jinaiyyah Marpaung, Zaid Alfauza; Yuslem, Nawir; Hamdani, Muhammad Faisal
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.2823

Abstract

The contemporary challenge faced by governmental bureaucracy revolves around the pervasive issue of corruption, particularly bribery. This research aims to scrutinize bribery practices within governmental bureaucracy through the lens of the tafsir ahkam al-jinaiyyah perspective, which is associated with the issue of bribery. The methodology employed is normative legal research with an Islamic legal concept approach, referencing the Quran and Hadith, subsequently analyzed qualitatively. Research findings indicate that bribery practices within the governmental bureaucracy, within the context of Islamic teachings, are considered acts of "risywah" used as a means of bribery to achieve specific objectives unlawfully. The tafsir ahkam al-jinaiyyah perspective explains that the act of "risywah" can be understood through the messages in the Quran, specifically in Surah Al-Baqarah verse 188 and Surah Al-Imran verse 161, as well as the teachings of the Prophet. From the perspective of tafsir ahkam al-jinaiyyah, these practices are categorized as attempts to seek wealth through illegitimate means and as treacherous actions for the recipients of bribes who have been entrusted with responsibilities in their positions. Allah SWT expressly prohibits these actions, whether as the giver, receiver, or intermediary of bribes. The prohibition against bribery, particularly concerning judges, is emphasized due to the frequent occurrence of bribery practices in legal decision-making.
Hadis-Hadis Wabah Taun dalam Fatwa Mui Nomor 14 Tahun 2020: (Studi Ma’ani Al-Hadits) Mustawa, Mustawa; Yuslem, Nawir; Damanik, Nurliana
Kamaya: Jurnal Ilmu Agama Vol 6 No 4 (2023)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/kamaya.v6i4.2799

Abstract

MUI Fatwa Number 14 of 2020 regarding the epidemic this year there are still many pros and cons among the public. The public doubted and rejected the fatwa. The reason is because people doubt the accuracy of the arguments used, especially the hadiths contained in them. This research aims to understand the meaning of hadiths about the year's epidemic and their relevance to the COVID-19 outbreak. The research uses library research using data collection techniques using takhrij al-hadith, i'tibar al-sanad, naqd al-matan, and fiqh al-hadith. After the data was collected, data analysis was carried out using an inductive method which refers to three procedures, namely analysis of the matan test, providing conclusions on the status of the validity of the hadith and analysis of the understanding of the hadith. This research found that the hadith contained in MUI fatwa Number 14 of 2020 can be used as hujjah (maqbul). The meaning of these hadiths is relevant to preventing the COVID-19 outbreak which then has preventive steps in dealing with the outbreak. The Prophet's recommendation to carry out quarantine for those infected with the plague, means that there is separation between infected people and healthy people. The values of handling this year's outbreak can be applied in Indonesia based on Law No. 6 of 2018 concerning Health Quarantine.  
Alat Bukti Yang Paling Kuat Dalam Proses Peradilan di Pengadilan Agama Rahmadani, Gema; Hamdani, Muhammad Faisal; Yuslem, Nawir
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.2836

Abstract

The purpose of this study is to analyze a strong evidence in the judicial process in the Religious Court which the strongest evidence will be accepted by the judge. In the trial the parties put forward events that can. In civil law the strongest evidence is written evidence, whereas in Islamic law written evidence is not very popular or has not been considered the strongest, but confession and oath evidence are considered strong evidence. This type of research uses normative legal research, using a conceptual approach and a statutory approach.  Types and sources of legal materials are positive law, Islamic law and the Qur'an and hadith, primary and secondary.  Legal materials obtained and analyzed qualitatively and then presented descriptively. The results of this study explain that acceptable evidence that is considered the strongest according to the Qur'an is an oath, while in civil law the strongest evidence is written.
Analisis Hukum Isbat Nikah dalam Perkawinan di Bawah Umur Tidak Tercatat Menurut Undang-Undang No. 16 Tahun 2019 Ramadi, Bagus; Yuslem, Nawir; Hamdani, Faisal
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.2830

Abstract

This research explores the challenges faced by society following the increase in the legal age of marriage from 16 to 19 years. Certain groups, particularly those adhering to the tradition of early marriages, encounter obstacles. Due to the perceived difficulties in obtaining marriage dispensations, some individuals opt for underage marriages without formal registration, relying on the subsequent process of marriage confirmation (isbat nikah). This qualitative study employs a juridical-normative method with a statue approach, analyzing the Marriage Law and Compilation of Islamic Law (KHI) concerning marriage confirmation in underage unions. The findings indicate that while the Marriage Law does not specifically regulate marriage confirmation, the provisions are found in the KHI. Marriage confirmation can be sought based on the absence of marriage impediments according to Law No. 1 of 1974, including marriages conducted below the stipulated age. Thus, from a juridical perspective, individuals marrying underage may potentially file for marriage confirmation in the Religious Court if there are no impediments, as specified in the KHI.
Optimizing the Roles of Posbakum and Islamic Organizations in Medan City for Child Victims of School Violence Lubis, Syofiaty; Yuslem, Nawir; Panjaitan, Budi Sastra; Afendi, Hazrul
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2954

Abstract

This research relates to optimizing the role of Medan City Islamic Organization legal aid posts in providing legal assistance to child victims of school violence. It is a socio-empirical legal study in the category of sociological-empirical research using a qualitative approach. The research focuses on social and legal phenomena in society, specifically the role of Islamic mass organization legal aid posts in Medan City in providing legal assistance to child victims of school violence. Data were collected through interviews with the Medan City Islamic Organization Posbakum and analysis of Law Number 23 of 2002 concerning Child Protection, as well as from legal materials providing explanations of primary legal materials obtained through literature studies related to the research problem. The research results show that the implementation of the Aisyiyah Legal Aid Post (Posbakum) in the North Sumatra region can help provide legal assistance for child victims of school violence by offering consultation, legal aid, and advocacy. However, to provide more optimal legal assistance, efforts are still needed to improve the quality and quantity of resources owned by Posbakum Aisyiyah. Furthermore, the active role of all parties, especially the government and society, is crucial to support the optimization of Posbakum Aisyiyah's implementation and enhance legal protection for child victims of school violence.
Ibn Ḥajar’s Thoughts On Criticism Of Hadith Narrators: A Study Of The Book Lisān Al-Mizān Yuslem, Nawir; Sulidar, Sulidar; Qomarullah, Muhammad
El-Ghiroh : Jurnal Studi Keislaman Vol 22 No 1 (2024): Maret
Publisher : Sekolah Tinggi Agama Islam (STAI) Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/el-ghiroh.v22i1.722

Abstract

This article aims to reveal a hadith scholar ibn Ḥajar in assessing the narrators of hadith in the book Lisān al-Mīzān. His thinking is a way of assessing hadith narrators as an effort to clarify the thoughts of previous scholars such as al-Żahabī in the book Mizān al-I'tidāl and other scholars who have judged individuals in hadith narrations as d}aīf for various reasons. He has revised the names of the existing but missing narrators (rijāl al-hadīṡ) in the sittah book, then explained the names of the unclear or ambiguous hadith transmitters by using explanations such as their real names, nicknames, pseudonym , or father's names and his lineage. From this book he has explained information using codes and symbols as well as additional information which is sometimes just a brief but clear explanation, so that the information from the book is very helpful for hadith experts to know hadith narrators who are foreign to other hadith experts. Ibnu Ḥajar advised that the assessment of hadith from the perspective of rāwi must be thorough, so that the assessment of the quality of the hadiths of ṣaḥīḥ, ḥasan and ḍaīf can be clear and clear by subsequent hadith researchers and not a misjudgment. So, hadith research that is considered to be of weak quality because one scholar has a problem with a rāwī may be of ṡiqah or ṣadūq for other scholars because the rāwī is actually a different person.
Co-Authors Adnir, Farid Afendi, Hazrul Arini, Nusra Asmuni Asmuni Asmuni, Asmuni Damanik, Nurliana Elfrida Ratnawati HAmdani, Faisal Lubis, Syofiaty Mahardinata, Imam Matsum, Hasan Muhammad Faisal Hamdani Muhammad Yusuf, Januddin Mukhlis Mukhlis Nasution, Muhammad Roihan Panjaitan, Budi Sastra Qomarullah, Muhammad Rahmadani, Gema Ramadi, Bagus Saniah, Nur Saparuddin Siregar Sinaga, Fatimah Yanti Siregar, Dahrul Sulidar Sulidar, Sulidar Tanjung, Dhiauddin Zaid Alfauza Marpaung Zuhrinal M. Nawawi