cover
Contact Name
Zainal Azwar
Contact Email
al-ahkam@uinib.ac.id
Phone
+6282172124966
Journal Mail Official
al-ahkam@uinib.ac.id
Editorial Address
Jalan Jenderal Sudirman No.15, Padang Pasir, Padang Barat. Kota Padang, Sumatera Barat
Location
Kota padang,
Sumatera barat
INDONESIA
Jurnal AL-AHKAM
ISSN : 20868243     EISSN : 27226549     DOI : -
Core Subject : Religion, Social,
Fokus kajian jurnal ini berkaitan dengan kajian hukum Islam dengan segala aspek yang berkaitan dengannya. Jurnal ini menampung semua bentuk artikel ilmiah yang berkaitan dengan kajian hukum Islam yang mencakup artikel penelitian, baik normatif-doktrinal dan empiris, dalam disiplin hukum Islam yang meliputi: Yurisprudensi Islam (Fiqh), Teori Hukum Islam (Usul al-Fiqh), Hukum di Dunia Muslim Modern (Legislasi / Kodifikasi, Statuta, Peraturan, Profesi Hukum, dan Lembaga), dan Hukum Komparatif, Hukum & Agama, atau Hukum & Masyarakat yang bersinggungan dengan Hukum Islam.
Arjuna Subject : Umum - Umum
Articles 59 Documents
Larangan Perkawinan Sesuku dalam Masyarakat Canduang; (Tinjauan Kemaslahatan dalam Hukum Islam) Danil, Muhammad
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1857

Abstract

Intermarriage among one tribe is a model of marriage that is prohibited in custom. This marriage is used in Minangkabau society which almost entirely embraced Islam. However, this ban can survive from the very beginning until now as seen in the present day society. This study aims to find out what is the reason, the form of marriage restriction among citizens in one tribe and its legal consequences to Canduang’s society. In this study the writer uses the analysis of mashlaha in Islamic law for what reason of society’s inhibitions in prohibiting marriage among tribal people; how the form of kemashlahatan ban marriage between tribal people and how the consequences of marriage ban law among tribal people. This study shows that the reason for marriage ban among tribal people in the “canduang” society is a shame factor. This prohibition is used to prove that between one tribe’s relatives must be maintained for being a wider level of unity. Penalties imposed on offenders aimed at preventing fractures in the fraternal system within the tribe and continue to maintain a sil- aturrahmi tie between members of the Canduang community. The prohibition affects the strong sense of unity within the country. Either way, legal conse- quences, and forms of marriage restriction among tribal people are included in one form of mashlahah mursalah
Pemikiran Muhammad Syahrur tentang Wasiat Elva mahmudi; Elfia Elfia
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1858

Abstract

Muhammad Syahrur viewed the ulama’s understanding of testaments as being very raw and stagnant so that it did not provide room for movement in resolving later cases. Therefore he suggests new ideas related to the testament which would symbolize that the Koran was indeed “shâlihun lî kulli zamân wa makân”. Syahrur sees the position and application of the testament more than the inheritance. The istinbath method of the Shahrur law is only of two kinds, which are sourced from the Koran and the Sunnah. The difference in views of Shahrur is based on his views on the Koran and the Sunnah which are different from the majority of scholars. In studying the Koran he also relied on sever- al approaches namely: linguistic, philosophical and intra-textual. The thought brought by Syahrur was in contradiction with classical scholars. Therefore, Syahrur’s opinion cannot be freely adopted in responding to the reality of fiqh today and is not one of the forms of renewal of Islamic law. However, what Syahrur did in the testament issue must not all be rejected outright, but there are parts that can be adopted in applying the will law.
Kedudukan Kaidah Fikih dalam Ijtihad dan Relevansi dengan Kompilasi Hukum Islam (KHI) Efendi, Johan; Azwar, Zainal
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1859

Abstract

This paper intended to examine the position of the juristic conventions in ijtihad and its relevance to the Kompilasi Hukum Islam (KHI) book I on mar- riage. This research is motivated by the fact that al-Qur’an and Hadith are sources in establishing Islamic law, both of which are called mashdar, other le- gal propositions are Ijmâ ‘, Qiyâs, Istihsân, Mashlahah Mursalah,’ Urf, Syar’u man Qablanâ, Qawl al-Shahâbî, Istishâb and Sad al-Dzarî’ah. But in fact the rule of fiqh is also used as a theorem in establishing the law, whereas earlier scholars did not mention the rule of jurisprudence as one of the theorems in establishing Islamic law. So the question of this research is (1) what is the essence of the jurisprudence, (2) how the jurisprudence principle in ijtihad according to the scholars, and (3) how the relevance of the jurisprudence prin- ciple with the Compilation of Islamic Law (KHI) in book 1 on marriage. This research comes to conclusions, namely: (1) the essence of fiqh rule is the words of the ulama (qaul al-mujtahid). (2) The majority of scholars agree to make the jurisprudence as a complementary proposition in the establishment of a law. The juristic jurisprudence can only be used as a complementary argument. (3) There is a strong relevance between the jurisprudence principles that have been formulated by the previous scholars with the Compilation of Islamic Law es- pecially the book 1 on marriage, with the discovery of several articles that are relevant and relevant to the juristic principles
Potensi Pengembangan Koperasi Pegawai Negeri Syariah RSUD Prof. DR. M. A Hanafiyah SM Batusangkar dengan Menggunakan Analisis SWOT Afif, Rifqul
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1860

Abstract

This study aims to determine the potential development of Islamic civil servant cooperatives in RSUD Prof. DR. M.A Hanafiah BC Batusangkar using SWOT analysis. The analysis phase used is: using the EFAS and IAS matrices, the SWOT / TOWS matrix, the SPACE matrix, the IE matrix and the decision making stage using the QSPM matrix. Based on the results of the stages of analysis, it can be concluded: Potential development of the Sharia Supervisory Cooperative at RSUD Prof. Dr. MA Hanafiah BC Batusangkar using SWOT analysis. The results of the SWOT analysis are 9 alternative strategies, as fol- lows: 1) Increasing business unit capital, especially savings and loans busi- ness, 2) Utilizing business legality to establish cooperation in connection with Law 20 of 2008 concerning MSMEs, 3) Increasing cooperation with govern- ment and private sector, 4) Hold training in accordance with needs, 5) Always coordinate with Supervisors, Managers, and employees, 6) Perform updates in terms of business units and services to be superior to competitors, 7) Improve performance of Supervisors, Managers, and Employees for the next step re- garding progress and decline of cooperatives, 8) Increasing the quality of HR capabilities regarding sharia contracts, and 9) Utilization of technology for bookkeeping and others. The selection of alternative strategies with the QSPM method shows the alternative strategies that are of interest to the respondents. The alternative strategy with the highest TAS value is a strategy that needs to be implemented in advance by the Sharia State Supervisory Cooperative of RSUD Prof. Dr. MA Hanafiah BC Batusangkar. The results from table 4.10 show that the highest TAS value is improving the performance of Supervisors, Managers, and Employees for the next step regarding the progress and decline of cooperatives
Efektifitas Sidang Keliling dalam Meningkatkan Kesadaran Hukum Masyarakat; Studi Kasus Sidang Keliling Pengadilan Agama Muara Labuh dalam Penyelesaian Perkara Perceraian Noferi, Hendri
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1861

Abstract

Sidang keliling was conducted outside the courthouse, in a location far from the Religious Courts. The role of sidang keliling in increasing community le- gal awareness can be seen from the number of cases before and after. The sidang keliling facilitates, eases costs, and is efficient during the trial process. Hence, sidang keliling received a positive response which was shown by the large public interest in divorce cases. The roundtable session of the Muara Labuh Religious Court for Sangir Subdistrict, Sangir Jujuan, Sangir Batang Hari, Sangir Balai Janggo, Koto Parik Gadang Diateh District (KPGD) and Pantai Cermin Subdistrict are far from Muara Labuh Religious Courts and are at risk of accidents. Sidang keliling is arranged in the Supreme Court Letter of Excerpt (SEMA) No. 10 of 2010 concerning guidelines for legal aid provid- ers in appendix B for the Religious Courts environment, as well as Supreme Court Regulation No. 1 of 2014 concerning guidelines for the provision of le- gal assistance to disadvantaged communities in the courts. Legal socialization from the judges of the Muara Labuh Religious Court in the mobile court that can foster public legal awareness of the importance of legal divorce. Divorced couples officially remarry according to the rules of marriage in the Republic of Indonesia.
Persepsi dan Perilaku Mubaligh terhadap Bank Syariah di Kota Padang Ardianis, Ardianis
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1862

Abstract

The variety of product which Syari ‘ah Banking offer gives the citizen an opportunity to choose a bank that suit their needs. How the decision is taken was influenced by perception and attitude, same thing goes for mubaligh. For the growth of bank syari ‘ah it requires a mechanism which could introduce, socialize, and promote bank syari ‘ah into the society.  Socialization can be done by mubaligh. In their religious proselytizing mubaligh could inform about  bank syari ‘ah. The focus  of these research are perception  and attitude mubaligh ‘s  towards  bank syari ‘ah. The pwpose  of this research is to find kinds of factor which influenced mubaligh ‘s perception and attitude in using bank syari ‘ah in padang city.   The sample of this research are mubaligh who lived in padang ‘city and come from influential Islamic organization which are Nahdlatul Ulama, Muhammadiyah, and the Association of Islamic Tarbiyah. The choosing of sample is done with the method pwposive  sampling.  This research is using quantitative approach, while the method which was used in this research is descriptive method. Research shows that the most influencing factor for mubaligh ‘s perception in padang city are personal factor, which are item syari ‘ah banking based on moral/trust in each other and justice, syar‘ah banking applied nisbah, choosing syari’ah banking based on MUI’s fatwa about forbidding contribution. While the most influencing factors for mubal- igh ‘s attitude in padang city is cultural factor, which is item a statement about choosing syari ‘ah banking because syari ‘ah banking are open for global.
Analisis Pelaksanaan Pembiayaan Ijarah Multijasa untuk Re- planting Kebun Kelapa Sawit menurut Fatwa Dewan Syariah Nasional (Studi Kasus Di Pt.Bank Muamalat Indonesia Tbk. Kantor Cabang Padang) Lubis, Riyani Fitri
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1863

Abstract

Shariah banking operations have ignored the absurdity of applying the principles in the contract . In practice there is also a discrepancy between its practice and Islamic law. Shariah banking provides technical funding that is  considered only relatively easier  to  implement. At PT. Bank  Muamalat Indonesia  Tbk. Branch  Office of  Padang, for  multi-service  financing used contract ijarah. While  in  the  financing is required package services  and re- planting goods.  The focus of these studied research is implementation mul- tijasa ijarah financing for replanting of   oil   palm   plantations at   PT . Bank Muamalat Indonesia Tbk. Padang Branch Office has been according accord- ingly Fatwa of Sharia National Council . The purpose of this study is to analyze and disclose the review Fatwa of Sharia National Council on the implemen- tation  of multijasa ijarah financing for replanting of  oil  palm  plantations in PT. Bank Muamalat Indonesia Tbk. Branch Office of Padang. This research is in the form of qualitative deskriptif. The results of this study show that im- plementation of multijasa ijarah financing at PT. Bank Muamalat Indonesia Tbk. The Branch Offices of Padang for replanting the oil palm plantations as a whole have not been in accordance with the Fatwa of Sharia National Council. As for things that are not in accordance with the Fatwa of Sharia Na- tional Council is the writing of ujrah.  Ujrah at PT. Bank Muamalat Indonesia Tbk. Branch Office of Padang is still written in the percentage of 14% of year, although it is from the agreement between both parties, but in the Fatwa of Sharia National Council  Board fatwa on multijasa ujrah financing not in per- centage form but in nominal form.
Efektivitas Program Pelatihan Kerja di Kantor Latihan Ker- ja (KLK) Kabupaten Mandailing Natal Perspektif Ekonomi Islam Siti Kholijah
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1864

Abstract

The increase in unemployment in Mandailing Natal Regency is caused by a mismatch between the qualifications of the workforce requested by the com- pany, the type of position and placement location that is less attractive to job seekers, and less competency of workers according to available positions. The Work Training Office (KLK) of Mandailing Natal Regency as one of the agen- cies that provide public services in the field of employment is expected to pro- vide easy information services, provision of facilities, and implement programs that support their careers in the future. The low quality of labor in Mandailing Natal District is a barrier to economic development. This is due to the low level of education and the level of knowledge of the workforce, making it difficult to find work that demands the quality of reliable human resources. Especially in the era of globalization, workers who do not have quality will have difficulty competing with those who already have quality. In this competition, it is certain that workers who do not have quality will be excluded. To improve the quality of the workforce, the City Government of Mandailing Natal District through the Mandailing Natal District Work Training Office (KLK) organized a job training program. The work training program at the Mandailing Natal District Training Office (KLK) involves the community as the main target that must be maximally empowered. This Papaer examines the effectiveness of work train- ing programs that have been implemented in improving human resources and especially in reducing unemployment in Mandailing Natal District.
DINAMIKA PERBEDAAN PENDAPAT DALAM FORMULASI KOMPILASI HUKUM ISLAM PADA ASPEK HUKUM WARIS, HIBAH DAN WASIAT Is, Muhammad Fadhlan
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1888

Abstract

History records that the success in the effort to formulate a compilation of Islamic law was overshadowed by differences of opinion from several Islamic legal thoughts at that time. Moreover, there are many offers to include customary law and BW that are familiar to Muslims in the country into the KHI material. The emergence of differences of opinion among ulama is due to many factors, including their differences in using arguments, the method of ijtihad and understanding the al-Qur'an and Sunnah texts, the background, social, educational, and cultural backgrounds of the KHI formators at that time. This study uses a descriptive qualitative research approach. This study answers the hypothesis that certain social values and solidarity play an important role in the conclusions of a legal product. In collecting data in this study, the authors used two techniques, namely direct interviews and documentation. Direct interviews with figures involved in formulating KHI and several Islamic legal experts who are seen as understanding the issues being studied. Also reviewing data from other sources such as documentation related to KHI formulations such as journals, newspapers, magazines, study manuscripts at the beginning of the KHI preparation and other sources of information. The results of the study show the fact that the formulation of KHI through a structural approach is top down from the central government, but still involves the role of the ulama, scholars and practitioners of Islamic law. KHI material absorbs fiqh that is familiar in the country. The dynamics of differences of opinion are found in three patterns of Islamic Law thought that emerged at that time. First, the literalisasi group, which is a group that opposes thoughts that violate the nash qat'i. Secondly, the group is assimilative, this group tries to find a new interpretation in understanding nash qat'i. The three groups are Harmonized, Characteristics of this group may be out of zahir nash, if  judging there are provisions that can be an alternative, inheritance is included in the category of mu'amalat worship which must be open to accepting changes by considering the interests and eliminating the narrowness in society.History records that the success in the effort to formulate a compilation of Islamic law was overshadowed by differences of opinion from several Islamic legal thoughts at that time. Moreover, there are many offers to include customary law and BW that are familiar to Muslims in the country into the KHI material. The emergence of differences of opinion among ulama is due to many factors, including their differences in using arguments, the method of ijtihad and understanding the al-Qur'an and Sunnah texts, the background, social, educational, and cultural backgrounds of the KHI formators at that time.This study uses a descriptive qualitative research approach. This study answers the hypothesis that certain social values and solidarity play an important role in the conclusions of a legal product. In collecting data in this study, the authors used two techniques, namely direct interviews and documentation. Direct interviews with figures involved in formulating KHI and several Islamic legal experts who are seen as understanding the issues being studied. Also reviewing data from other sources such as documentation related to KHI formulations such as journals, newspapers, magazines, study manuscripts at the beginning of the KHI preparation and other sources of information.The results of the study show the fact that the formulation of KHI through a structural approach is top down from the central government, but still involves the role of the ulama, scholars and practitioners of Islamic law. KHI material absorbs fiqh that is familiar in the country. The dynamics of differences of opinion are found in three patterns of Islamic Law thought that emerged at that time. First, the literalisasi group, which is a group that opposes thoughts that violate the nash qat'i. Secondly, the group is assimilative, this group tries to find a new interpretation in understanding nash qat'i. The three groups are Harmonized, Characteristics of this group may be out of zahir nash, if  judging there are provisions that can be an alternative, inheritance is included in the category of mu'amalat worship which must be open to accepting changes by considering the interests and eliminating the narrowness in society.
PERKAWINAN EKSOGAMI PADA MASYARAKAT SUKU “ANAK DALAM” DI NAGARI BONJOL DAN BANAI KABUPATEN DHARMASRAYA SUMATERA BARAT Nola Putriyah P; Makmur Syarif; Salma Salma
Jurnal AL-AHKAM Vol 11, No 1 (2020)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v11i1.1405

Abstract

Basically, the Suku Anak Dalam marriage, abbreviated as SAD, adopts an endogamy system, where the SAD community emphasizes that the marriage is conducted by fellow SAD. However, in the end the system experienced a shift to an exogamy, so marriages between SAD and outsiders took place in Nagari Bonjol and Banai. The purpose of this study was to determine the reasons for exogamy marriages in the SAD community and to determine the resilience of ex-family marriages of SAD communities in Nagari Bonjol and Banai.This research is a field research. Data collection techniques through observation, interviews, and documentation. To analyze data, the authors use data reduction, data display, and drawing conclusions or verification. The results of this study stated that: First, the reason for allowing exogamy marriages in the SAD community was due to the acculturation between SAD and the community which had implications for the dynamics of life and the SAD perspective. This makes SAD accept new things outside the customary provisions that have been practiced. Second, a marriage based on the word love alone is a fragile marriage. Therefore, each pair must have a strong religious foundation so that all forms of problems can be faced.