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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 9, No 1 (2019)" : 6 Documents clear
SOSIALISASI QANUN JINAYAT ACEH NO. 6 TAHUN 2014 PADA MADRASAH ALIYAH BLANGKEJEREN KABUPATEN GAYO LUES Misran Misran
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 1 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i1.4365

Abstract

There are two questions in the study under study, namely: First, what is the knowledge and understanding of students in Gayo Lues District Madrasah Ali about the implementation of the Jinayat Aceh Qanun Number 6 of 2014? Secondly, What is the knowledge and role of the Gayo Lues District Madrasah Aliyah religious teacher in disseminating to students about the enactment of the 2014 Jinayat Aceh Qanun? This study uses a normative juridical and sociological juridical approach. The normative juridical approach is done by first examining the Aceh regulation or qanun that is relevant to the problem under study. In other words the normative approach is to examine library materials or secondary data which includes primary, secondary and tertiary legal materials. The results showed that Gayo Lues State students in general knew about the implementation of Islamic Shari'a in Aceh, but the majority of them did not know and understand about the material regulated in Aceh No. 3 Qanun. 6 of 2014. Especially they do not know and understand about the terms contained in the Aceh jinayat qanun. Among the terms referred to in the Jinayat Aceh Qanun Number 6 of 2014 are Jarimah / Jinayat, Uqubat, Hudud, Ta'zir, Khamar, Maisir, Khalwat, Ikhtilath, Adultery, Sexual Harassment, Rape, Qadzaf, Liwath, Business. Students only know the term zina, sexual harassment, rape. While the Fiqh teacher knows and understands the qanun, but does not have the authority to socialize it, because the subjects in this madrasa refer to the 2017 revised 2017 curriculum, so the syllabus and lesson plans have been determined by the government based on the curriculum.
KONSEP BID’AH MENURUT IMAM NAWAWI DAN SYEKH ABDUL AZIZ BIN BAZ Mohamad Shafawi Bin Md Isa; Zaiyad Zaiyad
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 1 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i1.4757

Abstract

The definition of bid'ah varies, causing conflict. The research question in this article is what is the meaning of sunnah and bid'ah according to Imam Nawawi and Syekh Abdul Aziz Bin Baz and what are the arguments used and the method of understanding them and the examples of bid'ah according to both. By using the library research method (library research) examines the data and written materials related to the theme of the problem being studied, using primary and secondary materials. The research found that, Imam Nawawi interpreted bid'ah as creating a practice that did not exist at the time of the Prophet, and he distributed bid'ah to two kinds, namely bid'ah ḥasanaḥ such as reading the talqin after burying a corpse and qabihaḥ such as raghaib prayer. Imam Nawawi concluded the hadith with hadith, which is a general hadith that is endorsed with a specific hadith, while Bin Baz defines bid'ah as any act of worship that is not practiced by the Prophet and there is no origin from the Qur'an, sunnah. and from the deeds of khulafa ar-Rashiddin, and he does not share bid'ah, all bid'ah is ḍhalalah, he also uses the term "mungkar" for bid'ah dhalalah. Bin Baz argued the verses of the Qur'an and corroborated them with hadith. From the above explanation it can be concluded that, Bin Baz only specifies bid'ah in matters of worship, but he does not explain the limitations of worship and non-worship, such as punishing the Prophet's speech as bid'ah, so the definition is difficult to apply. 
BATAS WAKTU MUSAFIR BERMUKIM UNTUK KEBOLEHAN QASAR SALAT Yenny Sri Wahyuni; Yusrizal Bin Razali
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 1 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i1.4755

Abstract

The traveler is one of the reasons that allows someone to pray qasar, this is the opinion that has been agreed by the scholars. They differ in opinion as to how long a traveler is allowed to pray. In this case, the Hanafi school argues that the traveler is allowed to pray continuously, unless he has lived in a place for more than 15 days, then he is considered a mukim and must complete his prayer. Meanwhile, the Syafi'i mazhab of the traveler is allowed to qasar continuously, unless he stays in a place for more than 3 days. The research question is: what is the istinbat method used by the Hanafi and Syafi'i schools in determining the time limit of the qasar's allowance for the traveler and what is the reason for the differences of opinion between these two schools of thought. The research method that the author uses is a comparative descriptive method, namely research by analyzing and comparing opinions, reasons and interpretations of the arguments used as a basis for the opinion of the school of thought. The results found are that both schools use the method of istinbat bayani. The cause of differences in opinion is due to the confusion of the dhahir in a number of hadiths and the subjectivity of the mujtahid in understanding the texts. 
MEMBACA TAFSIR HERMENEUTIKA OTORITAS KHALED ABOU EL FADL Muslim Zainuddin
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 1 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i1.4754

Abstract

This paper aims to explain Khaled's thoughts on authority. The emergence of an authoritarian attitude in understanding religious texts is a result of the authority one has in placing a single meaning of a text. This attitude is due to the stagnation of the dialogical relationship between the text, the author and the reader in the realm of Islamic thought. Khaled offers an effort to re-examine the competence of a text, determine the meaning of the text and the attitude of the text reader in expressing the meaning behind the text so that it is in line with the intent of the author of the text. Apart from that, he also offers five requirements that must exist for readers of the text, honesty, sincerity, rationality, thoroughness and self-control. 
WANITA SALAT BERJAMAAH DI MASJID (Kajian Teori Double Movement Terhadap Ayat 33 Surah Al-ahzab dan Nash-Nash Terkait) Al Yasa’ Abubakar; Muhammad Agus Andika
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 1 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i1.4759

Abstract

The problem of leaving a woman from home for various activities is prohibited in the Qur'an surah al-Ahzab verse 33 if it is understood in general. It is also stated in the hadith narrated by ibn khuzaimah that a woman is aurat who should not go out, especially without someone accompanying her. But there is another hadith narrated from Abu Hurairah which states that a husband should not prohibit his wife from approaching the house of Allah. Then how is the law of women praying in congregation in mosques based on the Double Movement Theory against verse 33 of surah al-Ahzab and related passages. The research method used in this paper is Library Research. In the case of women praying in congregation in mosques, the clause regarding elevating the status of women and giving women the opportunity to participate in public spaces must receive attention and be determined to have fundamental interests. Furthermore, through the double movement theory It can be understood that in this case, the Qur'an intends to maximize equality between men and women, and for this purpose it states that a woman's freedom in the public sphere is normally ideal. 
MEMBUAT GAMBAR DALAM PERSFEKTIP HUKUM ISLAM (Studi Perbandingan antara Yusuf Qarᾱḍawi dan Muhammad Ali Al-Ṣabuni) Tarmizi Tarmizi; Jamhuri Jamhuri
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 1 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i1.4758

Abstract

Islamic studies terms, images are called ṣurah, and making pictures is called taṣwir. The scholars differed about the law of images, whether it was creating them or owning them. Yusuf Qarᾱḍawi argues that what is haram is taṣwir which has a physical form and a shadow. As for taṣwir that is painted on paper, walls and so on, where the taṣwir has no shadow and is physical, it is permissible. Meanwhile, according to Muhammad Ali al-Ṣabuni taṣwir that is forbidden is that which is hand-painted which is an imitation of animate beings and also taṣwir that has a physical form and has a shadow, namely a statue. According to Yusuf Qarᾱḍawi, the permissibility and prohibition of the image depends on the object being drawn and whether or not there are illat prohibitions contained in the hadith in the image. Al-Qarᾱḍawi also said that a photo is permissible if the object is halal, and it is not an image that is included in the hadith of the Prophet. Meanwhile, Muhammad Ali al-Ṣabuni forbids images of animate beings that are intact but allows images of inanimate beings and inanimate creatures. Al-Ṣabuni also categorizes photographic images into images that are prohibited in the Prophet's hadith, this is based on the generality of the Prophet's hadith regarding images and the punishment for the image maker. Thus, basically the traditions about taṣwir have legal illat, but besides that there are other things that need to be considered in making pictures and photographs. If the image or photo violates the law, it must be prohibited to make it.

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