Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Jurnal Al-Maqasid ini merupakan jurnal ilmu kesyariahan dan keperdataan. Jurnal Al-Maqasid: Jurnal Ilmu Kesyariahan dan Keperdataan diterbitkan dua kali setahun yang memuat 10 artikel dalam setiap edisi., Al-Maqasid Journal: Journal of Sciences and Civilization Journal is a journal that aims to become a leading peer-reviewed platform and authoritative source of information. We publish original research articles, review articles, and case studies that focus on the study of literature and civilization. Articles sent have never been published elsewhere in any language nor are they being reviewed for publication anywhere. The following statement describes the ethical behavior of all parties involved in the act of publishing articles in this journal, including writers, editors, reviewers, and publishers (Faculty of Sharia and Padangsidimpuan IAIN Law Sciences). Jurnal Al-Maqasid : Jurnal Jurnal Ilmu Kesyariahan dan Keperdataan adalah jurnal yang bertujuan untuk menjadi platform peer-review terkemuka dan sumber informasi yang otoritatif. Kami menerbitkan artikel penelitian asli, artikel ulasan, dan studi kasus yang berfokus pada kajian kesyariahan dan keperdataan. Artikel yang dikirim belum pernah dipublikasikan di tempat lain dalam bahasa apa pun juga tidak sedang ditinjau untuk publikasi di mana saja. Pernyataan berikut ini menjelaskan perilaku etis dari semua pihak yang terlibat dalam tindakan menerbitkan artikel dalam jurnal ini, termasuk penulis, editor, pengulas, dan penerbit (Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan.
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<![CDATA[KONSEP PASAR YANG ISLAMI ]]>
<![CDATA[Adanan Murroh Nasution]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1430
<![CDATA[The market is a mechanism for exchanging natural goods and services and has been going on since the early human civilization. Islam places the market in an important position in the economy. Economic practice at the time of the Messenger of Allah and Khulafaurrasyidin showed the existence of a large market role. The Prophet greatly appreciated the prices formed by the market as a fair price. He rejected any price intervention in the event that price changes occurred due to a fair market mechanism. Markets in Islamic economics require morality, including: fair play, honesty, transparency and justice. If these values have been enforced there is no reason to reject market prices.]]>
<![CDATA[CIRI HUKUM ADAT DAN KARAKTRISTIKNYA ]]>
<![CDATA[Fatahuddin Aziz Siregar]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1473
<![CDATA[In today's sophisticated era we sometimes forget the background of the birth of the law that we know in the social life environment in Indonesia and other Asian countries such as Japan as a country that is almost the same in ideological settings, namely the existence of sources where legal regulations are not written and growing and developing and maintained with the customs adopted by the community as a reference and guideline in step The background in the preparation of this paper is first to understand the terms and application of customary laws and habits in society as an implementation of social and kinship in society. Especially the Indonesian people who are still very strong today even become guidelines that cannot be separated from the current law.]]>
<![CDATA[MENELAAH HUKUM AHLI WARIS PENGGANTI DALAM ILMU FARAIDH ]]>
<![CDATA[Zulfan Ependi Hasibuan]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1425
<![CDATA[In the Compilation of Islamic Law referred to as the heirs of the clergy is in accordance with the provisions contained in article 185, namely: Heirs who died first than the heirs, their position can be replaced by their children, and the substitute heirs cannot exceed the heirs the equivalent of the one being replaced. Whereas community understanding in some cases of research about substitute heirs, namely heirs who replaced the position of the deceased father before grandparents.]]>
<![CDATA[HAK SUAMI DAN BATASANNYA DALAM MEMPERLAKUKAN ISTRI SAAT NUSYUZ ]]>
<![CDATA[Risalan Basri Harahap]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1431
<![CDATA[Nusyuz is a conception of classical law of the past, what we inherit not only as part of the Islamic thought tradition has even been codified as a standard rule of law. This is reflected in the existence of several rights of the husband in cracking down on the wife who is oblivious without clear boundaries. Whereas for the wife almost has no room to defend themselves and their rights before the law in a balanced manner. Therefore, in this study as well as legal research in general, the approach used is doctrinal research in order to find the principle or doctrine of positive law that applies in relation to the problem under study, in the form of opinions and ideas from legal experts regarding boundaries. the limitation of the husband's right to treat his wife who is infamous. Then describe it in general, classify it and analyze it critically using inductive reasoning. This is because in every discussion of the issue of nusyuznya the wife often forgets the basic principle or principle as a parameter in granting restrictions on the rights and authority of the husband over the wife. Like the principle of the pattern of relations between husband and wife in Islam, the purpose of sanctions and also in seeing the legal substance of the actions of Nusyuz itself, both in terms of quality, quantity and things that trigger the problem. Nusyuz's legal issues often have a negative impact on the position of women, and can even be one of the triggers of violence against them]]>
<![CDATA[MUKJIZAT AL-QUR’AN ]]>
<![CDATA[Sumper Mulia Harahap]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1479
<![CDATA[The miracle of the Qur'an, had dragged classical theologians into a contentious debate, especially between Mu'tazilah theologians and Ahlussunnah theologians regarding the concept of shirfah. With a miracle intermediary, Allah SWT reminded people that the apostles were envoys who received support and assistance from the sky. The miracle that has been given to the prophets has the same function, namely playing its role and overcoming the intelligence of its people besides proving that the power of Allah SWT is above all things. ]]>
<![CDATA[PROSES PEMBENTUKAN UNDANG-UNDANG MENURUT UU NO. 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN ]]>
<![CDATA[Dermina Dalimunthe]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1426
<![CDATA[The establishment of laws according to Law No. 12 of 2011 covers the stages of planning, drafting, discussing, ratifying and promulgating. The process of forming uu in Law NO. 12 of 2011 has new things, among others, the bill originating from the DPR, the President and the DPD must be accompanied by an academic draft bill, after the decision of MK No. 92 of 2012 the DPD participated in the deliberation of the bill on the level II although it did not reach the stage of decision making.The establishment of laws according to Law No. 12 of 2011 covers the stages of planning, drafting, discussing, ratifying and promulgating. The process of forming uu in Law NO. 12 of 2011 has new things, among others, the bill originating from the DPR, the President and the DPD must be accompanied by an academic draft bill, after the decision of MK No. 92 of 2012 the DPD participated in the deliberation of the bill on the level II although it did not reach the stage of decision making.]]>
<![CDATA[EKSISTENSI URF DALAM KOMPILASI HUKUM ISLAM ]]>
<![CDATA[Musa Aripin]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1427
<![CDATA[Islam is a religion that regards the society tradition and convention as the source of Islamic jurisprudential law with improvements and certain limitations. So that, it is very important for moslemsto know and carry out with devotion one of the methods of UshlFiqh to analyze deeply urf in society life which grow along with the current development]]>
<![CDATA[DIALOG AGAMA DAN BUDAYA; MENANGKAL GERAKAN RADIKALISME DI TAPANULI ]]>
<![CDATA[Puji Kurniawan]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1428
<![CDATA[Radicalization can be seen through various media. Some are triggered by religio-political problems, inter-religious interaction and injustice. Religion is often referred to as the dominant factor in committing acts of violence. Religion which initially had a peaceful mission was reduced by acts of violence that were contrary to its teachings. Radicalism or fundamentalism is an interesting religious, social and political issue to study. Radical actions are not only labeled with adherents of Islam, but also followers of other religions such as Christianity, Judaism, Hinduism and Buddhism. Based on historical search, the phenomenon of radicalism is a symptom that occurs in almost all religions.]]>
<![CDATA[KARAKTERISTIK HUKUM ISLAM ]]>
<![CDATA[Hendra Gunawan]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1429
<![CDATA[The term Islamic law is an official term in Indonesia, because in Arabic literature included in the al-Qur'an and Sunnah is actually not known as an Islamic legal term in a series of words. However, these two words can be separately found in Islamic sharia and fiqh. The scholars identify Islamic law with fiqh, at least in understanding Islamic law must first understand fiqh. Islamic law has differences with other laws, both from the source and the object, because Islamic law has two legal objects that regulate human relations with Allah SWT which is called worship and regulate the relationship between fellow humans and the universe called muamalah. Whereas, the general law of the object only regulates the relationship between fellow human beings in community life, besides that in this article the author wants to describe the characteristics or characteristics that Islamic law has.]]>
<![CDATA[PROFIL USMAN BIN AFFAN DAN PEMERINTAHAN NEPOTIS ]]>
<![CDATA[Syafri Gunawan]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i2.1424
<![CDATA[Usman bin Affan was come from a noble family of Quraish. Since childhood he was known to have an admirable character, gentle, forgiving and wara '. He also included one of friends who provide material assistance to Islamic interests and fight for the establishment of Islam. He was known as one of the Khulafah Rasyidin. Six years from 12 years of his goverment appeared to feel disappointed among the Muslims. Among the factors that disappointment wa his wise to point his family to be a high position. Therefore, he was accused as a nepotistic. The appointment of state officials from among his family, not without reason. Usman lift them as state officials was that they were competent for the position and was based on the calculation and careful political wisdom to uphold and strengthen the position of amir al-mu'minin as the holder of the leadership of the country. With the two differents assessments it, then it could be said to have occurred misinterpretation of historical data]]>
