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Contact Name
Arifin Abdullah
Contact Email
arifin.abdullah@ar-raniry.ac.id
Phone
+628126925128
Journal Mail Official
jurnal.dusturiah@ar-raniry.ac.id
Editorial Address
Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh
Location
Kota banda aceh,
Aceh
INDONESIA
Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
ISSN : 20889712     EISSN : 2580536     DOI : http://dx.doi.org/10.22373/dusturiah
Dusturiyah journal accepts manuscripts in Indonesian, English and Arabic with focus: a study of laws and regulations: law, fiqh, Islamic economics, politics and social institution.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol 12, No 1 (2022)" : 6 Documents clear
PATTERN OF NAZHIR WAKF DEVELOPMENT IN THE CITY OF BANDA ACEH Husni Abdul Jalil; Bukhari Ali; Al Muzammir Saputra
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12371

Abstract

ABSTRACT Based on waqf regulations in Indonesia, Nazhir waqf is entitled to receive guidance from the government (central Ministry of Religion, Regional Office of the Ministry of Religion, Regency/City Ministry of Religion and KUA) and the Indonesian Waqf Board. However, the waqf regulations in Indonesia do not regulate the pattern of development. This study examines how the pattern of coaching Nazhir in the city of Banda Aceh. The method used in this research is a qualitative method that is a field study or empirical and the focus of the study is the role of the government in fostering Nazhir in the city of Banda Aceh. The results of the study show that the pattern of Nazhir's development in the city of Banda Aceh is a formal and informal pattern. Formal patterns such as seminars, workshops and training. Meanwhile, informal patterns such as at the time of sermons, religious lectures, at the momentum of the handover of Nazhir's decree, the participants were very limited and attended by participants other than Nazhir waqf.
STATE AND RESPONSIBILITY FOR IMPLEMENTATION OF ISLAMIC LAW Muhammad Yusuf
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12878

Abstract

For every Muslim, carrying out all the teachings of Islam in his life is an obligation. Among the aspects contained in Islamic teachings, one of which is related to law which has several parts. Among these sections there are certain parts of the law that cannot be implemented by the Muslim community without the involvement of the authorities, especially in this study is part of the jinayah law. However, in the application of the law of jinayah, there are many polemics in society, especially among non-Muslims because the law of jinayah is considered severe and what is regulated in the law of jinayah has different perspectives/judgments among them. This is one of the considerations that the government finds it difficult to accept the proposal for the implementation of the law of jinayah in Indonesian society. This study tries to see how the relationship between law and the state and how the obligations of the ruler in the implementation of Islamic law in Muslim society. This study aims to see the extent of the obligations of Muslim rulers in implementing Islamic law for their people or citizens and to also see the special character of the law of jinayah related to its implementation. The method used in this research is qualitative with a normative juridical approach.
ANALYSIS OF ISLAMIC LAW ON ELECTRONIC CONTRACTS BASED ON GOVERNMENT REGULATION NUMBER 80 OF 2019 CONCERNING TRADE THROUGH ELECTRONIC SYSTEMS Ida Friatna; Azka Amalia Jihad; Muhammad - Riza
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12295

Abstract

The mode of trading transactions continues to develop day by day, one of which is the presence of trading transactions through electronic systems. Sellers and buyers no longer need to meet face to face to carry out buying and selling transactions, but can be created remotely and form agreements using electronic media. The Indonesian government has issued special regulations governing trade transactions through this electronic system, namely Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, and the rules regarding electronic contracts are contained in articles 50 to 57. This study aims to find out how the regulations regarding electronic contracts in PP No. 80 of 2019 and the view of Islamic law on electronic contracts. The type of research used is library research, with the primary sources of this research being Government Regulation Number 80 of 2019, the Civil Code, and fiqh books. While secondary sources include writings on electronic contracts in the form of books, journals, and other writings related to electronic contracts. The result of this research is that electronic contracts in PP No. 80 of 2019 are created when the parties mutually agree to carry out trading transactions using an electronic system. Regarding the mechanism of the contract itself, it is left to the parties to determine what kind of contract they want. Electronic contracts in muamalah contracts as regulated in PP No. 80 of 2019 from the perspective of Islamic law is legal and permissible, in accordance with fiqhiyah rules, namely the law of origin of muamalah is permissible (al-ibahah) as long as there is no evidence that prohibits it. Electronic contracts, in this case, are legal and permissible according to Islam as long as they fulfill the pillars and conditions of the contract (akad) and there are no elements that are invalidated and damaged by it such as fraud, coercion, usury and etc.
IMPLEMENTASI PELAYANAN KESEHATAN WARGA BINAAN DI RUTAN KELAS II B TAKENGON Mudfar Alianur; Nurlaila Nurlaila; Alena Alena
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12281

Abstract

Law No. 12 of 1995 article 14 (1) concerning correction which in Letter (d) states that prisioners receive healt services and proper food. Inadequate health services are one of the impacts that can be felt by the inmates of the class II B Takengon Prison, which affect prisoners’ health. In this study, the author discussed the way on how prosiners’ health has been implemented in class II B Takengon prison. This study used an empirical legal research method which tried to explain fact in the field through interviews or direct observation. This study aimed to find out how the implementations of health services for inmates in Class II B Takengon Prison. The result showed that the implementation of health services for the inmates in the Class II B Takengon Prison is not optimal due to the lack of healthcare workers such as dentists and slow process of fund disbursement which affects the limitation of medicine availability as well as inadequate health facilities. It can be concluded that the implementation of health services for inmates in the Class II B Takengon is not optimal and the facilities is inadequate. The researcher suggests that Takengon prison should improve health services and add more health facilities.
EPISTEMOLOGY OF THE FI'L HADITH AS A PROPOSAL AGAINST MINIMUM NUMBER OF FRIDAY CONCLUSIONS Saifuddin Sa'dan; Fadli Ibrahim
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.13270

Abstract

Friday prayer is one of the obligations carried out by Muslims on every Friday. The implementation was carried out in a place known as a mosque. Friday prayers are considered valid if they meet the criteria set by the scholars based on what has been done by the Prophet Muhammad. One of the conditions for a valid Friday is the presence of a congregation of at least forty people. This opinion is held by the Shafi'iyyah. They require the validity of Friday with a congregation of at least forty people. They based it on the actions of the Prophet. (hadith fi'lī) who performed the first Friday with forty people, so that the hadith was used as a proof for the validity of Friday by a minimum congregation of forty people. Therefore, the question arises, how can the epistemology of the fi'lī hadith be used as a mandatory law maker? This is because the fi'l hadith is usually only applied to recommended laws (circumcision). After further investigation, it was found that the Shafi'iyyah made the fi'lī hadith of the Prophet SAW. Those who performed Friday prayers with the number of worshipers at Friday prayers were forty people using the rule that the Prophet's actions were an explanation of the procedures for the Friday prayers themselves, so that the procedures were performed by the Prophet. be mandatory too. In addition, there is no qawl hadith that provides a different explanation from the fi'lī hadith. Therefore, making the fi'lī hadith as a proof for the validity of a worship is considered permissible as long as there are no other arguments against it. The Shafi'iyyah circles make forty as the minimum number of worshipers at a Friday prayer, so Friday is considered invalid if the number of worshipers is less than forty people.
COMPARATIVE LAW REPATRIATION INDONESIAN CITIZEN EX FOREIGN ISLAMIC STATE IRAQ AND SYIRIA ABOUT INDONESIA LAW AND ISLAMIC LAW Badrul Munir; Yenny Sri Wahyuni; Teuku Awis Aulia
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12269

Abstract

The issue of citizen became the hot news on sosial meda country in Indonesian. On February 1 2020, the National Counter terrorism Agency exchanged international intelligence information with countries in the Middle East and got around 600 Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria (ISIS). This polemic has become a hot topic of discussion among the government and the people of Indonesia about the fate of Indonesian citizens (WNI) whether they can be returned to their homeland or left alone in shelter camps in Syria. The formulation of the problem studied in this journal is to describe the views or opinion of Indonesian law on the concept of citizenship and explain the views of Indonesian law (law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism) and Islamic law (Opinions of Imam Malik and Imam Syafii) concerning the repatriation of Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria to Indonesia. In this study, the authors use normative research methods by conducting library research through the process of reading, researching, and reviewing ongoing discussions with this research. The results of this study indicate that in Indonesian law, referring to Law No. 5 of 2018, they must be repatriation to Indonnesia because they are the responsibility of the state in accordance with articles 43b, 43b, and 43d. whereas in Islamic law there is caution by asking them if they want to go back and repent for their actions, if they obey they can be repatriation to Indonesia, if not they are fought. and the decision will ultimately be left to the government about their fate.

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