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Muhammad Yasir
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SYARIAH: Journal of Islamic Law
Published by Sekolah Tinggi Ilmu Syariah Nahdlatul Ulama Aceh
ISSN : ""     EISSN : 27220834     DOI : -
Core Subject : Religion, Economy, Education, Social,
Religion Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
SYARIAH: Journal of Islamic Law is an open-access journal published by the Coordinator of the Private Islamic Colleges in the Region of Aceh (Kopertais Wilayah 5 Aceh) in cooperation with the Center for Research and Community Service (LP2M) STISNU Aceh. The journal is concerned with scientific publications relating to the study of Islamic law. Islamic law can be Islamic Economic Law, Islamic Family Law, Islamic Criminal Law, Islamic Constitutional Law, Zakat and Waqf Law, and Thought of Contemporary Islamic Law focused on the development of Islamic Law (sharia), and legislation which has done through library research, or field research. The publication of this academic journal is intended to enrich vocabulary Islamic law that has been developing in the present. This journal is published biannually in June and December. The journal is currently indexed and/or included by Google Scholar, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 3, No 2 (2021)" : 8 Documents clear
PRINSIP HUKUM ISLAM DALAM BIDANG HUKUM KELUARGA Husni Husni; Muhammad Yasir
SYARIAH: Journal of Islamic Law Vol 3, No 2 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i2.307

Abstract

Islamic family law as an offer in solving several problems. In essence, it is not intended to teach Muslims so that later in marriage they can practice it, but the law here is solutive, meaning that Islamic law provides solutions in solving family problems that occur. This study aims to determine the principles of Islamic law in the field of family law. The results of this study show that Islamic family law is an offer in solving several problems. In essence, it is not intended to teach Muslims so that later in marriage they can practice it, but the law here is solutive, meaning that Islamic law provides solutions in solving family problems that occur.
‘URF SEBAGAI METODE ISTINBATH HUKUM ISLAM (Pemikiran Hasbi Ash-Shiddieqy dengan Fiqh Indonesianya) Emi Yasir; Shafwan Bendadeh
SYARIAH: Journal of Islamic Law Vol 3, No 2 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i2.308

Abstract

Tengku Muhammad Hasbi Ash-Shiddieqy is one of the most influential scholars in Islamic law reform in Indonesia, he brings local traditions ('urf/'adat) as the construction of Islamic Indonesian characteristic law. According to Hasbi 'urf is the law which is alive in the community and could be fluctuated continuously and it could be a strong consideration for Islamic law implementation. Hasbi, in his scientifical oration entitled “Syariat Islam Menjawab Tantangan Zaman", which delivered on the first Anniversary ceremonial of Dies Natalis in 1961, He explained: Fiqh Indonesia, is, fiqh that established in accordance with the personality of Indonesian, suitable to Indonesian behavior and character. Currently, some of developing Fiqh in society is Fiqh Hijazi that established on the basis of 'customs and' urf prevailing in Hejaz, or fiqh Misri that established on the basis of Egyptian customs and habits, or fiqh Hindi that established on 'urf and' customs prevailing in India. Recently, Fiqh did not show its ability to effectuate ijtihad, realizing the legal rulings of fiqh in accordance with the Indonesian personality. Therefore sometimes we force Hijazi fiqh or fiqh Iraki Misri to be applied in Indonesia on the basis of imitation. To construct Indonesian personality fiqh, Hasbi set off with 'urf/ traditions living in Indonesian society, he argued that every ‘urf/ customary law can be used as the postulate provided that not conflict with the Shariah. It is not only 'urf/'customs of the Arabs, but also those who follow principles of egalitarian Islam, so that besides 'urf/'Arab customs can be used as the foundation of law istinbat. 'urf is one of the principles of usul fiqh, which makes Islamic law is always evolving and able to fulfill human needs.
PEMBERIAN HARTA ZAKAT KEPADA MASJID MENURUT WAHBAH ZUHAILI Aria Sandra; Edwar Edwar
SYARIAH: Journal of Islamic Law Vol 3, No 2 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i2.309

Abstract

This study was raised about Wahbah Zuhaili's opinion on the giving of zakat to mosques, in this case the author conducted a study of a legal view according to Wahbah Zuhaili who had different views with Yusuf Qardhawi. As for the formulation of the problem in this study, namely how is Wahbah Zuhaili's opinion about giving zakat assets to mosques and how is Wahbah Zuhaili's Ijtihad method about giving zakat assets to mosques. Based on the data collection method, this research is a library research, namely using library materials as a source of data in the form of Wahbah Zuhaili's works related to the topic of these problems. The findings of this study are that Wahbah Zuhaili's opinion that giving zakat to mosques is not allowed because the people who are entitled to receive zakat are those who have ownership (on behalf of individuals), and he limits only those eight groups who are entitled to receive zakat and hinders others. to be able to get it because at the beginning of the verse there is the word innama, and he also uses his ijtihad regarding not being allowed to give zakat to mosques, namely by using the verses of the Qur'an, Surah Al-Taubah: 60, and QS. Al-Shaff: 4, and also the consensus of the scholars. From the explanation above, it can be concluded that giving zakat to mosques is not allowed because it is general in nature and also mosques are not mentioned as snaf zakat in the Qur'an.
MODERASI BERAGAMA SEBAGAI SOLUSI DALAM MEMBENDUNG BAHAYA ISLAMOPHOBIA UNTUK MENJAGA KEHARMONISAN NEGARA KESATUAN REPUBLIK INDONESIA Sarina Aini
SYARIAH: Journal of Islamic Law Vol 3, No 2 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i2.376

Abstract

Religious moderation is an effort to preserve traditions and foster friendly religious ideas. In other words, the idea of religious moderation is actually an option to preserve Indonesia's diversity without having to uproot existing traditions and cultures. In the case of Islamophobia, it is necessary to change a person's mindset or mindset so that there is no bad prejudice against other religions. It is undeniable that Islamophobia can make people devoid of morals or become immoral. Because he makes excessive fear so that negative views arise against fellow Muslims. To stop the spread of Islamophobia, it is necessary to apply the concept of religious moderation in order to maintain the harmony of the Unitary State of the Republic of Indonesia. This can be done in theological, political, sociological, and judicial frameworks. This harmony between the people and the Indonesian state is guided by the agreement, Pancasila, the 1945 Constitution, Bhineka Tunggal Ika, and the unitary state of the Republic of Indonesia (four pillars), which must be upheld as supporters. As a diverse country, what we really want is to live in harmony in a diverse atmosphere, but this is not just a dream for each of us to participate. Of course, differences must be positioned as assets to build harmony itself.
PERKAWINAN ANTAR NEGARA DI INDONESIA BERDASARKAN HUKUM PERDATA INTERNASIONAL DAN HUKUM ISLAM Dholy Fahri Akbar; Milfa Masitha; Bella Sultana Balqis
SYARIAH: Journal of Islamic Law Vol 3, No 2 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i2.355

Abstract

Marriage is a legal event if the marriage is a legal marriage. The rapid development of science and technology has an influence on the ease of relations between human beings, between ethnic groups, and between countries in all aspects of life. One of the effects is the occurrence of mixed marriages between spouses of different nationalities, including Indonesian workers and workers from other countries. Marriages of different nationalities often cause problems, especially with regard to the process of registering a marriage that will take place, whether in the country of origin of the prospective husband or in the country of origin of the prospective wife. The procedure for marriage between countries according to international civil law explains that the marriage rules for couples of different nationalities, returned to each partner will use the law of the country of the prospective husband, or use the law of the country of the prospective wife.
PENALARAN TA‘LILIYAH QIYASIYAH Zaki Satria
SYARIAH: Journal of Islamic Law Vol 3, No 2 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i2.356

Abstract

In the preparation of reasoning rules, the dominie who is considered the most  meritorious is Imam al-Syafi'i. the results of Imam al-Syafi'i's thought are considered the most comprehensive and systematic, therefore to some extent considered as corrections and completions of the rules compiled and used by Imam Abu Hanifah and Imam Malik. In recent times, these rules have been supplemented and refined, especially by the scholars of the Al-Ghazali generation (fifth century hijriah) and after that in the generation of Fakhr al-Din al-Razi (sixth century Hijriah), so that they are considered standard and perfect. In this paper the author will try to explain the reasoning of the qiyasiyah ta'liliyah along with an example, namely qiyas between licking dogs on clothes, human limbs and all objects to licking dogs on vessels, because 'illat is that the dog's saliva is heavy unclean and is required to wash. seven times with water and one of them with earth or soap, which is a method of determining Islamic law.
TRADISI NELAYAN TERHADAP PANTANGAN MELAUT PADA MALAM DAN HARI JUMAT DITINJAU DARI HUKUM ADAT KAMPONG GOSONG TELAGA UTARA ACEH SINGKIL Khairuddin Khairuddin; Husniati Atami
SYARIAH: Journal of Islamic Law Vol 3, No 2 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i2.364

Abstract

This study aims to analyze how the views of the people of Gosong Telaga Utara, North Singkil District on the taboo to go to sea at night and Friday and analyze how customary law reviews the taboo to go to sea at night and Friday in Kampong Gosong Telaga Utara, North Singkil District. The type of research is descriptive-qualitative research with a case study approach. The results showed that the majority of the people obeyed the prohibition on going to see at night and Friday because it was forbidden since their ancestors if violated it was feared that they would get a big disaster. Abstinence from going to sea at night and Friday in Kampong Gosong Telaga Utara has legal force, namely customary law for violating it, strict sanctions will be applied to it. The sanction is to pay Rp. 500,000 and is used for the purposes of mosques, canoes, or bots that violate are not given to the sea for 2-7 days. For fishermen outside the area who take North Telaga Gosong fish, 30% of their catch will be taken and pay Rp. 500,000.
PERAN LEMBAGA PERMBERDAYAAN PEREMPUAN DAN ANAK DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEJAHATAN ASUSILA (Studi Kasus Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak (P2TP2A) Kota Banda Aceh) Rizkal Rizkal; Hanik Harianti
SYARIAH: Journal of Islamic Law Vol 3, No 2 (2021)
Publisher : STIS Nahdlatul Ulama Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55721/sy.v3i2.366

Abstract

This study focuses on finding out how the protection of law given by Pusat Pelayanan Terpadu Pemberdayaan Perempuan Dan Anak (P2TP2A) the city of Banda Aceh as well as the causes of increasing sexual crime in a child. As for the complex problem of this research it’s 1. How is legal protection against children as a victim of sexual crime given by P2TP2A city of Banda Aceh?. 2. What was the factor in bringing the case down Banda Aceh sexual crime?. Research which is used in this writing is a normative–empirical elements combining the normative and ampirical data elements gained in the field with a date collection interview of the P2TP2A city of Banda Aceh that is the resuld of this research is the P2TP2A child of sexual crime already In accordance with the 2014 rule of act No. 35 child protection and 2008 Qanun Aceh No. 11 on child protection. A service or protection provided by Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak (P2TP2A) Kota Banda Aceh for children of the victim rape crimes include healthcare (referrals), psychological service, legal relief service (advocacy) and security systems for victim. There are underlying factors that cause a child increase in sexual crime are family conflicts, promiscuity, druguse, an environment far from Islamic philosophy and the content of pornography that can lead to  disharmony in one’s sense and passion.

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