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Contact Name
Arifin Abdullah
Contact Email
arifin.abdullah@ar-raniry.ac.id
Phone
+628126925128
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jurnal.dusturiah@ar-raniry.ac.id
Editorial Address
Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh
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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 8, No 2 (2018)" : 6 Documents clear
PERSEPSI MANAJER TERHADAP PUTUSAN PEMBATALAN AKAD MURABAHAH DAN FUNGSI DEWAN PENGAWAS SYARIAH Edi Darmawijaya; Faisal Fauzan
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4363

Abstract

The inadequacy of the contract principle is included in the category of non-fulfillment of objective conditions, therefore with this opinion financing has been null and void by law. In the context of sharia this is not very good because it has consequences which are incompatible with the rules in religion. The Government has regulated through Bank Indonesia Regulation No.7 / 35 / PBI / 2005 dated September 29, 2005 concerning Commercial Banks conducting business activities based on Sharia Principles that regulate the Duties, Authorities and Responsibilities of the Sharia Supervisory Board (DPS), among others in the first point ensure and supervise the suitability of the Bank's operational activities against the fatwa stipulated by the DSN-MUI. Cases of contract cancellations have occurred, one of which at the Bukit Tinggi Court shows the control of the passive Sharia Supervisory Board (DPS). This study aims to determine the perceptions of Islamic bank managers on the decision to cancelation of financing contracts, especially murabahah and the function or role of the Sharia Supervisory Board of the Islamic bank. The Manager's perception of the cancellation of the murabahah financing contract by the Religious Court is very good and the Perception Manager of the Sharia Supervisory Board regarding the function of financing supervision in sharia banking is good.  
FASAKH NIKAH DENGAN ALASAN SUAMI MISKIN (Studi Perbandingan antara Ulama Syafi’iyyah dan Hukum Positif di Indonesia) Muhammad Habibi; Syahrizal Abbas; Sitti Mawar
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4358

Abstract

In a family sometimes painful actions arise from involuntary causes (not intentionally), not on the wishes of the husband, such as because the husband is poor or poor so he does not have a living to fulfill his wife's rights in the form of food, clothing and home at a certain time, which makes the wife ask to part with her husband through the divorce (fasakh) path. Regarding the problem of the wife asking for fasakh (carrying out divorce) by reason of a poor husband there are differences of opinion between the Syafi'iyyah Ulama and Positive Law in Indonesia concerning the provisions that must be fulfilled by both. This study wants to answer the question of how the provisions of fasakh marriage are based on the reasons of poor husbands according to Syafi'iyyah Ulama and Positive Law in Indonesia. To get answers, the author uses primary data sources and secondary data. The research method that I use is Descriptive Comparative method that is research by analyzing and comparing opinions, reasons and interpretations of the arguments used as the opinions of the two groups. The results of the study indicate that the fasakh of marriage on the grounds of a poor husband according to the Shafi'iyyah Ulama is permissible and validly carried out on condition; 1) A wife who is married between being patient and divorced, 2) Judge's decision, in the form of; a. determination of poor status according to the provisions, b. giving an opportunity to a husband to work for a living, c. Fasakh implementation period three days after the wife reported. 3) Separated by reciting fasakh instead of divorce, and still having three times the right of divorce if in the future you want to remarry with a new contract. Whereas according to Positive Law in Indonesia fasakh marriage by reason of poor and permissible husband with conditions, 1) occur shikak between wife and husband, 2) wife make a divorce letter, 3) Decision judge namely proof of poor husband in a literal manner, 4) Court decision drop one bain sughra talak. From the explanation above, it can be concluded that the provisions of the fasakh of marriage by reason of poor husbands in the opinion of the Syafi'iyyah clerics are better and fair because they are supported by a strong foundation and are most in accordance with the soul, basis and principles of Islamic law. Therefore in Indonesia requires more explicit rules about fasakh (divorce) with the excuse of poor husbands. 
PENERAPAN SYARIAT ISLAM DALAM BINGKAI KEBERAGAMAN NUSANTARA Iqbal Maulana; Yuni Roslaili
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4216

Abstract

The implementation of the Islamic Law in Aceh received recognition from the Government of Indonesia since 1959 based on the Decree of the Deputy Prime Minister of the Republic of Indonesia No. 1 / Missi / 1959. Since then until the enactment of the BAL in 2006, several aspects of national law have become different in Aceh. This then sparked controversy, especially regarding the position of Non-Muslims and religious freedom. This article tries to explain how the application of Islamic Law in Aceh in relation to the Non-Muslim population and its solution. The study found that the relationship between Muslims and Non-Muslims in Aceh, especially in the social aspects of society, took place harmoniously. The application of Islamic Law in Aceh only applies to Muslims and there is no coercion for Non-Muslims. In this case, according to the author, it also offers the concept of "Conducted by Waliya Dien" in addressing religious plurality in Aceh, and the attitude of making Pancasila as "Kalimatun Sawa’ in the corridors of living in a state. 
KONSEP HARTA DAN KEPEMILIKANNYA MENURUT HUKUM ISLAM Irwansyah Irwansyah
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4220

Abstract

Property is a primary need for humans to support life in this world, so as to carry out worship to Allah swt well. Nevertheless, the Qur'an warns that property must be obtained in a desired manner of Islamic law, and are used in places that have goodness according to Islamic law required. A principle developed by Islamic law to the problem of property is the rules do not set definitely in the Quran and Hadis, but the general principles are put forward, which must be followed by everyone who tried to get the property. islamic law requires in acquiring and managing property to note of the following principles; 1) property acquired and owned is not of the type that is unclean and dangerous to humans; 2) the way to obtain the property is done by  humane methods, such as buying and selling is done by the parties by not deceive one another, bless one another and be honest when covenant; 3) as the party who has the authority to carry out property, Islamic law mentioned basic requirements that need to be considered, namely a maximum adult age (minimum 18 years) and has a ruysd (smart) characteristic, that is the ability to carry out property in accordance with the rule of Islamic law. By following all the things that have been mentioned, then property can be valued provides benefit to humans, both in keeping religion or maintaining the human body and soul (mukallaf). 
SEJARAH PERKEMBANGAN HUKUM LINGKUNGAN DI INDONESIA Risfalman Risfalman
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4364

Abstract

World War has produced many negative effects. Environmental pollution is one of the negative effects of world war. Pollution in the world is increasingly alarming. On this basis, the United Nations conducted an environmental conference in June 1972 in Stockholm, Sweden. The Stockholm Conference is considered the highest peak of environmental awareness at the international level. The Stockholm Conference produced an environmental legal concept called suitanable development. The results of the Stockholm conference underwent follow-up and obliged the conference participant countries to ratify it. Indonesia fulfilled this obligation by establishing Law No. 4 of 1982 concerning the basic provisions of environmental management. The law has several important instruments in environmental protection, namely an analysis of environmental impacts and environmental quality standards. In 1997 the law was revised and underwent several additions to environmental protection instruments. The final revision of environmental law is Law No. 32 of 2009 concerning environmental protection and management. The latest law has more complex environmental protection instruments 
KEJAHATAN TERHADAP KEMANUASIAAN DAN PELANGGARAN HUKUM HUMANITER INTERNASIONAL (Konvensi Jenewa 1949) Studi Kasus: Pelanggaran HAM Berat untuk Bekas Negara Yugoslavia Mumtazinur Mumtazinur
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4218

Abstract

 The article is an effort to explain violations of humanitarian law that occurred during the war in Yugolavia. It begins by a brief description of  international Humanitarian Law. This articles also describing he form of violations of Geneva conventions and forms of punishment against violators of humanitarian law. Besides, it also explain the form of punishment given by international criminal courts. 

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