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Al Ushuliy
Published by Universitas Islam Negeri Mahmud Yunus Batusangkar
ISSN : 30251060     EISSN : 30251001     DOI : http://dx.doi.org/10.31958/alushuliy
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum with ISSN 3025-1001 (Online) and 3025-1060 (Print) is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of sharia. JISRAH encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited:Islamic Law, Islamic Family Law, Constitutional Law (Siyasah), Islamic Economic Law. The journal is published periodically twice a year, i.e., every June (first edition) and December (second edition). FOCUS Al Ushuliy provides scientific articles developed in attending through the article publications, original research report, reviews, and scientific commentaries in Sharia. SCOPE Al Ushuliy encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited: 1. Usul Fiqh; Qawaid Fiqhiyyah; Philosophy of Islamic Law, Politics of Islamic Law. 2. Worship 3. Muamalah / Islamic Business Law 4. Marriage 5. Inheritance 6. Islamic Crime 7. Islamic State 8. Judiciary 9. Laws and Legislation
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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TRADISI MAANTA KATUPEK DI NAGARI SIMAWANG KECAMATAN RAMBATAN KABUPATEN TANAH DATAR MENURUT HUKUM ISLAM Nur Azizah; Farida Arianti
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9838

Abstract

This research examines how to apply the customs of maanta katupek in Nagari Simawang, Rambatan District, TanahBackground Regency for Islamic law and how Islamic law is studied for the application of maanta katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency. The purpose of this review is to identify and explain how to apply the customs of maanta katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency and to analyze Islamic legal ideas for the implementation of the customs of Maanta Katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency. The research method used is field research, to obtain data from supervised cases. The method of gathering information used is through monitoring and debriefing with KAN leaders, niniak mamak, and husband and wife companions who do not practice the maanta katupek customs. Processing of information was attempted by descriptive qualitative. The results of the research is that after carrying out a marriage or offering sincerity in Nagari Simawang, Tanah Datar Regency, there are customary provisions that must be carried out, namely the customs of maanta katupek, maanta katupek, which is a routine of maanta katupek which is delivered by the husband to the wife's house if the companion carries out walimah , if these customs have not been carried out until the marriage for the husband and wife's companion in a legal custom in Nagari Simawang, Rambatan District, Tanah Datar Regency, it is listed as having an arranged marriage. The conclusion of this research can be concluded that the customs of Maanta Katupek are traditions passed down from generation to generation by residents in Nagari Simawang. The limitation in this research is that researchers only carry out research in Simawang Nagari. suggesting connection research to be a challenge in formulating problems.
ANALISIS PENJUALAN ALAT-ALAT KB SECARA BEBAS MENURUT FIQIH MUAMALAH (Studi Kasus Apotek Di Kota Batusangkar) Fauziah Fauziah; Hidayati Fitri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9840

Abstract

The problem in this research is that if you look at the pharmacies around Batusangkar City, The contraception is traded freely without special supervision and is very much abused by the community which will result in harm to the community, many young people are currently having husband and wife relations without any marriage bond, this is caused by the existence of supporting facilities which are very easy to obtain and are sold freely. In this case, the question arises how the contraception can be bought and sold freely without special supervision and what is the view of Fiqh Muamalah on the buying and selling of the contraception like this. The type of research used is field research with a qualitative descriptive approach. The data sources in this study are primary data sources and secondary data sources, in which the primary data sources are Pharmacy Employees, consumers who have made buying and selling transactions for family planning equipment and the Investment and One-Stop Services Office of Tanah Datar Regency. Meanwhile, secondary data sources are obtained by conducting literature studies such as scientific books, research results, and journals on laws and BKKBN Regulations of the Republic of Indonesia. Data collection techniques used in this study were interviews and documentation. Data analysis techniques, namely the stages of data collection, data reduction, data presentation, and drawing conclusions. The type of triangulation that the authors use in this study is source triangulation. The results of the study can be concluded that the system for selling family planning devices in Batusangkar City is carried out freely without any special terms and conditions from the Pharmacy, this is not in accordance with positive law in Indonesia contained in the BKKBN Regulation of the Republic of Indonesia Number 9 of 2019 According to Fiqh Muamalah, the sale of family planning devices at the Batusangkar City Pharmacy is permissible as long as they meet the terms of sale and purchase, the pillars of sale and purchase and their use, but if the family planning devices are used for immorality or committing adultery then this transaction is prohibited or forbidden.
PENERAPAN PENDEKATAN KEADILAN RESTORASI UNTUK MENCEGAH PERCERAIAN DI NAGARI SARUASO Aldi Andryan; Khairina Khairina; Roni Efendi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9841

Abstract

The main problem of this research is the application of the restoration justice approach to prevent divorce in Nagari Saruaso. The data obtained shows that from 2020-2022 there were 162 divorce cases in Nagari Saruaso, this is a cause for concern. So it takes thought and solutions to anticipate it. So this study aims to provide an alternative to restoring household relations through a Restorative Justice approach to prevent divorce. This type of research is Juridical Sociology with Qualitative Typology, where data obtained from the field is narrated, interpreted to provide answers to the research object. Primary data sources are ninik mamak, religious scholars, cadiak pandai, bundo kanduang and the wali nagari government. Secondary data sources from books, journals, and laws and documents from Wali Nagari. The results of the study revealed, firstly, based on efforts to apply the restoration justice approach to prevent divorce in Nagari Saruaso, it was carried out by involving all components into one forum, namely the involvement of ninik mamak, religious scholars, cadiak pandai and bundo kanduang to provide advice so that divorce does not occur and spouses husband and wife back in harmony. That the concept of applying the Restorative Justice approach is carried out by all the above components through Gondang Sayak and Gondang Kuali to prevent Divorce in Nagari Saruaso. Gondang Sayak is a peace process that only involves the closest family, then Gondang Kuali is an effort to reconcile husband and wife by involving all components such as ninik mamak, pious scholars, cadak smart, bundo kanduang. Second, the obstacles in applying the restoration justice approach based on the research results are several factors, namely; economic factors, educational factors, modernization factors, Domestic Violence (KDRT) factors
PEMENUHAN KODRAT HAK-HAK PEKERJA PEREMPUAN DALAM UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN PERSPEKTIF SIYASAH DUSTURIYAH Enggia Putri Ayuni; Sulastri Caniago
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9855

Abstract

This study examines the Rights of Women Workers in Law Number 13 of 2003 concerning Employment from the Perspective of Siyasa Dusturiyah. The formulation of the problem of this research is how are the forms of legal protection for the nature of women workers according to Law Number 13 of 2003, and how is Siyasah Dusturiyah's review the nature of women workers according to Law Number 13 of 2003. This research is normative legal research or library (Library Research) The research instruments used are books, articles, journals as well as those related to Legal Protection, Manpower and Siyasah Dusturiyah. As well as the data collection technique that the authors use is a literature study carried out by reading, reviewing library materials related to legal protection of the rights of women workers and Siyasah Dusturiyah. Based on the results of this study it can be concluded that, firstly, forms of legal protection for women workers who contained in Law Number 13 of 2003 concerning Manpower which contains the rights of women workers, namely menstrual leave, maternity leave, maternity leave, and breastfeeding leave for those who have children. Second, the siyasa dusturiyah analysis of the nature of female workers in Law Number 13 of 2003 concerning Manpower that Islam has placed in an honorable and noble position in accordance with the nature and character of women equal to men in humanitarian matters and the rights granted in the Law The law regulates it and there are already provisions in the Al-Qur'an and Hadith which regulate the rights of these women.
UJARAN KEBENCIAN DALAM UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILU DAN TINJAUAN SIYASAH DUSTURIYAH Ulya Permatasari; Ulya Atsani; Muhammad Hizbi Islami
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9857

Abstract

The main problem in this thesis is the regulation of hate speech in Law Number 7 of 2017, because when the agenda for a democratic party or also known as elections is approaching, the behavior of hate speech has greatly increased. Certain groups of candidates may clash with other supporting groups, so that Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia, "everyone has the right to freedom of association, assembly and expression of opinions", is very vulnerable to dealing with the right to freedom of opinion and expression. The purpose of this study is to find out more about the regulation of hate speech in Law Number 7 of 2017 concerning general elections and siyasa dusturiyyah reviews. To answer the object of the study, the authors used library research using a normative juridical approach with statutory and conceptual approaches. In this case, it includes primary legal materials, namely from laws and regulations, especially Law Number 7 of 2017 concerning Elections and secondary legal materials from legal and Islamic books and journals. In the research that the authors conducted, it can be concluded that, until now, hate speech in elections in Indonesia has not been clearly interpreted, even in Law Number 7 of 2017 concerning General Elections (Elections) it is not explained in detail regarding how to define, victims, perpetrators, sanctions imposed as well as benchmarks or limitations that can be categorized as hate speech in elections. Law Number 7 of 2017 concerning Elections in fiqh siyasa dusturiyyah, the source of its formation is siyasah wad'iyah because it is produced by mere human thought products which in the drafting process do not pay attention to norms and ethics. Hate speech in Islam is a prohibited act because it can cause harm, especially to the soul, and in it has an element of humiliation, namely lowering one's self-esteem/soul, which should be maintained or guarded for every human being from any group as per the concept of the formulation of the basis of the state (fiqh siyasa dusturiyyah). and the principle is to prioritize guarantees of human rights and realize justice.
DENDA AKIBAT PUTUSNYA PEMINANGAN: STUDI KASUS DI JORONG BATANG GADIH NAGARI BATIPUAH BARUAH Yulia Elfina Rahmi; Yustiloviani Yustiloviani
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9859

Abstract

The main problem in this study is fine for the innocent party in terminating the proposal, but because he is the one who decides the proposal, he is the one who is fined. From these problems, the question arises, What are the factors that cause the termination of the proposal in Jorong Batang Gadih Nagari Batipuah Baruah, What is the view of Islamic law regarding the implementation of the payment of fines due to the termination of the proposal in Jorong Batang Gadih Nagari Batipuah Baruah, and the implementation of payment of fines as a result of the termination of the proposal. This research is a field research, data or research materials obtained through interviews. This study uses primary data sources and secondary data sources. Data processing was carried out in a qualitative descriptive manner and explained through effective sentences. The results of this study are that first, the factors causing the termination of the proposal in Jorong Batang Gadih Nagari Batipuah Baruah are caused by economic factors, third person, ethics, and time. The view of Islamic law regarding the implementation of payment of fines due to the breakdown of the proposal in Jorong Batang Gadih Nagari Batipuah Baruah, namely the implementation of fines due to the termination of the proposal is not following Islamic law, because in Islamic law it is explained that fines are sanctions or punishments applied in the form of a person's obligation to pay a sum of money imposed as a result of the violation.
POLA PENGUPAHAN KARYAWAN TOKO KETIKA LIBUR DI PASAR BATUSANGKAR Fadilla Rahayu; Nofialdi Nofialdi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9860

Abstract

The main problem in this thesis is that there are differences in the wages of shop employees when they are on vacation at Batusangkar Market. The purpose of this study is to explain the pattern of wages for store employees during holidays at Batusangkar Market and the reasons that are considered as wages at Batusangkar Market. This type of research is field research. This research method is qualitative and describes the pattern of wages for store employees during holidays at Batusangkar Market. Data collection techniques through interviews totaling 9 people. The data that the author has obtained is analyzed by collecting and collecting data on the practice of wages paying store employees during holidays and consideration of wages at the Batusangkar Market. Read, understand, and analyze the data obtained or collected. After the data is collected, arranged, and clarified properly then conclude. The data that has been processed is then analyzed with the fiqh muamalah theory. The results of this study are the pattern of wages for store employees when they are on vacation at Batusangkar Market, namely, wages are deducted and the time when wages are received is postponed. Wages were deducted because the shops were empty of buyers and the time for receiving wages was postponed because that was the system in the market. Wages are paid weekly in cash with a nominal value of Rp. 250,000 – Rp. 300,000. The shop owner does not give all employees any vacation time. Regarding wages being cut and some having postponed the time to receive their wages while there was no vacation allowance at all, some employees felt annoyed and had to accept it because they needed a job and had no other choice to meet their daily needs. Judging from the muamalah fiqh, the wage transaction that occurs in the Batusangkar market has not fulfilled the ijarah requirements because of compulsion from one of the parties and has not paid attention to the principles of justice and eligibility of wages in Islam.
PENGARUH GAME ONLINE HIGGS DOMINO ISLAND TERHADAP KETAHANAN KELUARGA DI NAGARI PASIE LAWEH MENURUT PERSPEKTIF HUKUM ISLAM Atika Fadhila; Elsy Renie
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9872

Abstract

This study examines the views of Islamic law regarding the influence of the higgs domino island online game on family resilience in Nagari Pasie Laweh. The problem is the phenomenon that is happening right now is the rise of online game play, such as the online game higgs domino island where this game is not only for children, teenagers, even married men who are also playing this game. From these problems, the question arises how the influence of the higgs domino island online game has on family resilience in Nagari Pasie Laweh, what is the view of Islamic law regarding the influence of the higgs domino island online game on family resilience. This research is a field research. Data obtained through interviews, documentation. After the collected data was processed qualitatively, it was analyzed by means of data reduction, data presentation, and conclusions. Furthermore, the data is narrated descriptively. This study found, first, the effect of the higgs domino island online game on family resilience, the economic aspect of the husband is negligent with the obligation to provide a living, the husband is physically unable to fulfill family nutrition, the husband's religion rarely performs worship, rarely invites children and wife to worship, psychologically disturbed, easily anger, social reduced family interaction with the surrounding community. The two analyzes of Islamic law are related to the influence of the higgs domino island online game on family resilience, indeed the game has stakes, and is categorized as maisir but when viewed from Saad al Dzari'ah's study regarding family resilience that it causes more mafsadah (damage) than benefits. Because it is very contrary to a provision of the rights and obligations of husband and wife that have been determined by fiqh. Resulting in husbands/wives neglecting to exercise their rights, therefore of course it is totally against Islamic law, prevented by closing with this study.
TINJAUAN FIKIH MUAMALAH TERHADAP POLA KERJASAMA TAMBANG EMAS STUDI KASUS DI JORONG TANJUNG BERINGIN, KAB. SIJUNJUNG Noni Kurnia Esa; Afrian Raus
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9873

Abstract

A study oe the Muamalah fiqh review of gold mining cooperation pattern case studies in jorong tanjung beringin, sijunjung regency. The problem is what contract used and what is the muamalah fiqh review of the pattern of gold mining cooperation. The research was analyzed using a qualitative descriptive method, a type of field research. The cooperation pattern for gold mining results uses a written cooperation agreement. Meanwhile, the nuamalah fiqh review of the collaboration pattern for gold mining profit sharing is in accordance with the muamalah fiqh provisions.where the pillars and conditions of the contract have been fulfilled, namely the existence of a person who is in contract, the existence of land that is used as an object , the existence of consent and qabul and the purpose of the contract being carried out. Cooperation that has been carried out by land owners with investors does not guarantee the fiqg muamalah provisions. Regarding the loss of money in the agreement, it is the willingness of both parties in the contract and that willingness  is the basis for the permissibility of the agreement. This is in accordance with surah An-Nisa verse 29.
TINJAUAN FATWA DSN-MUI TERHADAP PENYITAAN BARANG JAMINAN PADA KSPPS AL-ANSHARI KOTA BUKITTINGGI Muhammad Iqbal; Syukri Iska; Zulkifli Zulkifli; Khairina Khairina
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9874

Abstract

The purpose of this study was to find out or explore the procedures for confiscating collateral carried out at KSPPS Al-Anshari, Bukitinggi City and to analyze the juridical redemption of collateral confiscation carried out by KSPPS Al-Anshari, Bukitinggi City. The research method used by the author is qualitative research using field research with data collection techniques through interviews and documentation. Primary data sources consist of KSPPS Al-Anshari managers and employees. The data processing carried out here is qualitative. The results of the research that the author has done, First, the guarantee in the murabahah contract at KSPPS Al-Anshari is using property as collateral for debt, in practice the collateral in the financing is handed over to KSPPS Al-Anshari, but KSPPS Al-Anshari will give time leeway to customers to settle KSPPS Al-Anshari's debts, secondly regarding confiscated goods that are not in accordance with the fatwa because in the fatwa the confiscated goods should have been auctioned but the KSPPS Al-Anshari did not do so by making the confiscated goods an office operation. Islamic financing conditions in Indonesia in general are the Syafi'i (syafiiyyah) and Hambali (hanabillah) schools, that is, when the party responsible for the debt cannot pay it off, the debt is paid using assets or goods used as collateral or assets from the sale of assets used as collateral the. The benefits of collateral cannot be used as collateral (al-marhun), because the use of collateral is used up and damaged, therefore it cannot be used as collateral.

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