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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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Menggali hukum perkawinan yang melakukan kecurangan Arini, Nusra; Asmuni, Asmuni; Yuslem, Nawir
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 10, No 1 (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: 10.29210/020242604

Abstract

Marriage registration is important for the validity of a marriage because it will provide legal protection and guarantee the rights arising from marriage. Marriages with falsified registration as in this study are sirri marriages where the husband and wife consciously take legal action in the form of forging marriage books. This paper describes the problems, firstly marital status with its falsified recording from the perspective of positive law and Islamic law. Second, the judge's legal considerations. Third, legal protection of rights arising from marriages without registration. The research method used is analytical descriptive. The results of the study show that: First, marital status with falsified records from the perspective of positive law and Islamic law (in this case the Compilation of Islamic Law) is valid and has legal force. However, there are negative implications for the non-fulfillment of the wife's rights as a result of divorce, if the excerpt of a marriage certificate that has been decided by the District Court has no legal force/fake is used as evidence in a divorce case at the Religious Court. Second, the Judge at the Religious Court in his legal considerations stated that even though the marriage certificate was fake, this certificate was made consciously and is known together. The Mataram District Court Judge in his legal considerations was a decision regarding an alleged unlawful act in the form of a fake marriage certificate, not a decision that annulled the marriage. As for marriages carried out without registration, the state cannot provide legal protection unless there is material truth that can be proven in court.
Analysis Study of Hadiths Towards the Fatwa Book on Several Issues by H.M. Arsyad Thalib Lubis Yuslem, Nawir; Sulidar, Sulidar; Mukhlis, Mukhlis
International Journal of Social Service and Research Vol. 4 No. 03 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i03.732

Abstract

This study delves into the analysis of Hadith in H.M. Arsyad Thalib Lubis' Fatwa Book, titled Some Problems, with a specific focus on investigating the status of the Sanad and Matan, as well as exploring the method of Fiqhul Hadith employed in the book. The primary inquiries include determining Sanad's status, Matan's status, and the Fiqh al-Hadith method employed by Arsyad Talib Lubis. The research utilizes a literature-based approach with a scientific and methodological orientation. The findings reveal that out of 154 hadiths in the book, 97 are Sahih, 34 are Hasan, 14 are Da'if, 1 is Munkar, and 8 are not found in the Mutun al-Hadith. The Matan's status affirms that the contained hadiths align with the principles of the Qur'an, hadith, Ijma', Qiyas, and commendable Muslim practices, encouraging their incorporation into daily worship. The Fiqh al-Hadith method outlined in the book encompasses understanding the hadith following Quranic instructions, considering background, situational conditions, and purpose, distinguishing between variable means and fixed ends, discerning expressions of haqiqi and majadzi, recognizing the distinction between the unseen and the real, and ascertaining the meaning of words in the hadith. These findings contribute to a nuanced understanding of Hadith analysis and offer valuable insights for scholars and practitioners of Islamic jurisprudence.
The Inclusion of Ulema in the Aplication of Islam Nusantara Law for the Aceh Community Muhammad Yusuf, Januddin; Yuslem, Nawir; Tanjung, Dhiauddin
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1428

Abstract

Islam Nusantara is recognized as an ideology that advocates the application of fiqh law while accommodating cultural and traditional values. In the contemporary evolution of religious comprehension, particularly in Aceh, the local community perceives cultural manifestations in worship as misguided. Therefore, the introduction of Islam Nusantara concept aims to rectify these misconceptions through cultural adjustment with Sharia, commonly referred to as Islamization. Considering these challenges, the role of ulemas should be examined by implementing and practicing fiqh law in the Aceh community. Furthermore, this study adopts qualitative and descriptive normative methods. Data are derived from a comprehensive literature review, interviews, and observations, and subjected to qualitative data analysis methods. The results show that fiqh practices in Aceh are always based on the fatwa of ulemas to provide legality of carrying out these practices. The inclusion of ulemas is indispensable to ensure the conformity of new cultural teachings with the established legal framework.
Factors Supporting The Position And Role Of Minangkabau Women In Resolving Heritage Conflicts In West Sumatra Mahardinata, Imam; Yuslem, Nawir; Asmuni, Asmuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3334

Abstract

Conflict resolution of heritage is a problem that often occurs in Indonesian society. This conflict usually occurs due to disagreements in dividing inherited property between family members. In West Sumatra, Minangkabau women are essential in resolving inheritance conflicts. This article will explain the factors that support the position and role of Minangkabau women in resolving heritage conflicts in West Sumatra. This research is empirical legal research or (socio-legal research) with socio-empirical studies with qualitative research. The approach method used in this study is part of legal pluralism (mix or mix), including philosophical, sociological, phenomenological, and legal anthropological approaches. This article aims to provide an understanding of the role and position of Minangkabau women in resolving heritage conflicts in West Sumatra. The factors that support their role are Economic, Educational, Psychological, and Social factors. It is hoped that this article can provide a better insight into the importance of the role of women in resolving inheritance conflicts, as well as provide proper recognition for Minangkabau women for their contributions to society
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