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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140 Documents
<![CDATA[KESETARAAN GENDER DALAM PANDANGAN ISLAM ]]>
<![CDATA[Agustina Damanik]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 1 (2018) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v4i1.1420
<![CDATA[In the view of Islamic law, everything is created by God by nature. Similarly human beings, between men and women as individuals and sex have their own nature. The Qur'an recognizes anatomical differences between men and women. the nature of women is often used as an excuse to reduce the various roles of women in the family and society, men are often perceived to be more dominant in playing roles, while women have a limited role in the domestic sector. Culture that develops in society also views that women as weak creatures, emotional, smooth and shy while men are strong, rational, rough and brave creatures. Strangely these differences are then believed to be natures, which are still the gifts of God. Whoever tries to change it is considered to violate nature and even oppose God's decree. The role and status of women in Islamic perspectives has always been attributed to the presence of men. Women are described as being whose existence depends heavily on men. As a child, he is under the guardianship of his father and brother, as the wife depends on the husband. Islam establishes women as husbands as husbands, as mothers who nurture and educate children and keep property and foster family ethics in the smallest government.]]>
<![CDATA[ULAMA-ULAMA TERKEMUKA DI TAPANULI SELATAN DAN UPAYA KADERISASI ]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 2, No 1 (2016) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v2i1.1516
<![CDATA[This study describes 3 types of Islamic religious leader. The first is a aperson who knows Allah with all His orders. The second is a person who knows Allah but do not know His orders. And the third is a person who knows Allah but do not know Allah at all. A person who is really afraid of Allah is ones who knows Allah with all His orders and prohibitions. In line with famous Islamic religious leaders in South Tapanuli, the writer only describes two well-known people namely Syekh Ali Hasan Ahmad and SyekhMusatafaHusein who built MustafawiyahPurbaBaru Islamic Centre School.]]>
<![CDATA[KAJIAN FIKIH JINAYAH SEPUTAR PENANGGULANGAN VIRUS CORONA ]]>
<![CDATA[Hendra Gunawan]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 1 (2020) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v6i1.2506
<![CDATA[The world is now hit by the popular Corona virus pandemic called Covid 19 which has claimed many lives, nearly millions of human lives have been lost due to the ferocity of the Corona virus. Every human being created by Allah SWT has the duty to be khalifatullah fil ardhi (the leader in the universe) must always try to hack the Corona virus that is threatening the universe inhabitants of the universe. Especially Muslims, must contribute in tackling the Corona virus pandemic outbreak, including through jinayah fiqh studies. As for the main problem in this article is how the rules of jinayah in tackling this Corona virus which the author will summarize in the subtitles about a set of jurisprudence rules in dealing with the Corona virus.The method used in this article is descriptive qualitative, through the study of literature in various books and websites that discuss Corona considering that this topic is still new so that not many have studied it in one book.The author's findings in this article, that government policies in tackling the spread of the Corona virus in the country of Pancasila, have synergy with the rules in jurisprudence starting from techniques to isolate victims of the Corona virus to maintaining distance or physical contact in peace. For further details please see the next discussion.]]>
<![CDATA[DAMPAK PERKAWINAN SIRRI PADA MASYARAKAT SIPIROK DITINJAU DARI HUKUM KELUARGA ]]>
<![CDATA[Hamdan Hamdan]]>;
<![CDATA[Fatahuddin Aziz Siregar]]>;
<![CDATA[Putra Halomoan Hasibuan]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v9i2.8764
<![CDATA[This study aims to examine the practice of sirri marriage that occurs in the Sipirok community. One of the goals is to find out the phenomenon of sirri marriage in terms of family law aspects. The type in this research is juridical. While its nature is juridical-normative. Where will view the theories, principles of law and legislation. The data collection methods for this study are observation, interviews and documentation. The results of this study indicate that the practice of sirri marriage that occurs in the Sipirok community is forced. One of the causes is the bride getting pregnant out of wedlock, polygamy, education and not having enough money. According to Islam, that action is legal. Because the pillars and conditions of marriage have been fulfilled. However, according to national law, this act is illegal because it is not registered at the office of religious affairs. One of the impacts is that the marriage is not harmonious because it is often hit by debates and fights in a household. It means not getting peace in the family. Meanwhile, according to family law, that the act is not in accordance with the five principles of the Shari'ah, both aspects of religion, soul, mind, lineage and wealth.]]>
<![CDATA[KAJIAN KONTEKSTUALISASI ATAS PEMBAHARUAN HUKUM KELUARGA ISLAM DI NEGARA MUSLIM ]]>
<![CDATA[Muhammad Mahmud Nasution]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 2 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v7i2.4897
<![CDATA[The issue of family law is still an interesting discussion both in the world of education and in the politics of legislation, this issue is interesting because it has enormous implications in everyday life. So that there is a need for a significant regulation in this matter, the legislature is expected to be able to bring forth a family law reform that is able to become a buffer that is in accordance with the conditions of life in the family at this time.In modern times, the existence of Islamic law is relatively different from the Islamic law contained in classical fiqh books and also with the view of the eternity of Islamic law above. The reform of Islamic law was carried out in Islamic countries in Europe, Africa, Asia, and even in the Middle East, there were major changes that had never happened before in the last century.In this study, we will only discuss a small part of several Muslim countries that have reformed Islamic family law. The countries that will be discussed are Turkey, Egypt, and Indonesia. Turkey and Egypt are considered as pioneers in the renewal of Islamic family law in the world, because it is these two countries that have reformed Islamic family law for the first time.]]>
<![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[EFEKTIVITAS PERATURAN DIRJEN BIMAS ISLAM TENTANG KURSUS CALON PENGANTIN UNTUK MEMINIMALISIR TINGGINYA ANGKA KDRT DI KOTA TANJUNG BALAI ]]>
<![CDATA[Adi Syahputra Sirait]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 1 (2019) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v5i1.1715
<![CDATA[In Islam protecting for the household is an obligation. An it’s become the foundation of Directur General for Islamic Guidance about regulations on brides course with the destination for each people in the family have knowledge and understanding on the concept of good family. Therefore, differences and miss understanding often be sources of separation and devore, since 2010 – 2017 the divorce increase so significantly especially in Tanjung Balai. This study use social legal research, it’s mean to see how the effectivieness of the bride courses in Tanjung Balai reducing the divorces and domestic violence an how should the effectiveness of the regulation for the brides. So that the divorce rate can be minimized in accordance with islamic taught an the National Law, and also the domestic violence.]]>
<![CDATA[BATASAN HAK SUAMI DALAM MEMPERLAKUKAN ISTRI SAAT NUSYUZ ]]>
<![CDATA[Risalan Basri Harahap]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v6i2.3432
<![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[MENAKAR EFEKTIVITAS GUGATAN BALIK HARTA BERSAMA DALAM PERKARA KONVENSI PERCERAIAN DI PENGADILAN ]]>
<![CDATA[Putra Tondi Martu Hasibuan]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 2 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v8i2.6136
<![CDATA[Counterclaim lawsuit is a manifestation of the implementation of a simple, fast, and low-cost judicial principle. Effectiveness is one of the goals, because both convention and counter-convention lawsuits will be examined and decided together in one decision. In the context of religious courts, joint property disputes can be filed in a reconciliation lawsuit even though the subject matter of the convention lawsuit is divorce. However, the emergence of joint property disputes through the reconciliation lawsuit erodes the main purpose of the existence of the reconciliation lawsuit itself. This research is a normative legal research conducted by examining library materials. In terms of its nature, this research is descriptive-analytic, which is an attempt to collect and compile a data, then analyzed and interpreted. To facilitate understanding, this research uses a normative juridical approach (statute approach). The type of data used is in the form of library materials consisting of primary, secondary, and tertiary legal materials. These data are elaborated and analyzed qualitatively by using inductive method. The result of of this research indicate that the existence of joint property reconvention lawsuits in divorce convention cases is less effective. At the implementation level, there will not be a mediation process, different procedural law, and sociologically it is a trigger for unregistered marriages from the litigants.]]>
<![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. ]]>
