Al Mashaadir : Jurnal Ilmu Syariah最新文献

{"title":"Status of Adopted Child Turned into Mahram According to Syafi'i Fiqih","authors":"Muhammad Al-Furqaan, Muhammad Al Mustafa","doi":"10.52029/jis.v3i2.92","DOIUrl":"https://doi.org/10.52029/jis.v3i2.92","url":null,"abstract":"Adopted children who have grown up will have certain genitalia boundaries with adoptive parents. This causes the role of adoptive parents to not be realized optimally and the rights of adopted children cannot be fully fulfilled. Conversely, when adoptive parents do not pay attention to Islamic values in the practice of adopting children, this is also strictly prohibited in religion, and is considered very fatal, because it is included in the practice of tabanni during the Jahiliyya era. This research was conducted to answer problems that are currently occurring in the practice of adoption, in the form of what is the status of adopted children in Islam, how is the process for adopted children being made mahram status according to Syafi'i fiqh, and what is the law that applies to adopted children. This research is included in the category of library research. The author uses a normative approach that is descriptive in nature. The results of the research are presented by the author in the form of solving problems that occur between adoptive parents and adopted children by changing the status of adopted children to become mahrams, namely: by breastfeeding when they are child, adopting children from husband or wife relatives, and marrying adopted children. Furthermore, when the status of an adopted child has been changed to that of a mahram, then what has legal consequences is only the boundaries (aurat) of the adopted child. Meanwhile, in matters of inheritance, marriage guardianship, and lineage, nothing changes even though the adopted child has the status of a mahram. However, considering that their relationship is familiar and since childhood the adopted child has been with the adoptive parent, feeling that something is missing if the adopted child's rights are differentiated from those of his biological child, then the solution that can be made for inheritance is a mandatory will or inheritance testament so that the adopted child can still feel the inheritance those left behind and taukil marriage guardians to adoptive parents for matters of marriage guardians so that they can feel the guardianship of their adoptive parents. As for the issue of lineage, this cannot be contested in any way, because pure lineage was given by biological parents which cannot be changed even by tabanni.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122594700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Determination of Food Purchase Price in Tourism Objects in The City of Sigli","authors":"B. Benazir, Zulfa Fuadi","doi":"10.52029/jis.v3i2.91","DOIUrl":"https://doi.org/10.52029/jis.v3i2.91","url":null,"abstract":"This research was conducted to find out the determination of the buying and selling price of food at the Sigli city tourist attraction. Data collection techniques using interviews, observation and documentation. Data analysis in this study will use qualitative data analysis which is constructive, develops and discovers social theories. From the results of this study it was found that there were differences in pricing at the Sigli City tourist attraction. Sellers differentiate prices between one buyer and another by looking at the characteristics of the buyers. If the buyer is from the local area or visitors who frequently visit, the price given is the standard price and if the buyer is considered a new seller, the seller gives a higher price compared to buyers from the local area. According to Islamic law, the practice of buying and selling is carried out by the seller with discriminating between buyers is permissible as long as traders do not take advantage in a way that is prohibited by Islamic law and between sellers and buyers are consensual and mutually willing without any coercion.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129217452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"“Fair” Status of Marriage Wali According to Shafi'i Mazhab and Hanafi Mazhab","authors":"Fadhil Mubarak, Januddin Januddin","doi":"10.52029/jis.v3i2.90","DOIUrl":"https://doi.org/10.52029/jis.v3i2.90","url":null,"abstract":"This research is motivated by the existence of a marriage carried out by a virtuous wali in a society where the majority adhere to the Shafi'i school of thought. The purpose of this research is to find out what the opinion of the Shafi'i and Hanafi schools is about the just status of marriage wali today, and find out how the opinion of the Syafi'i and Hanafi schools compares the status of marriage wali. This research is library research. Data analysis method used comparative method. The object of this study is the comparison of the Syafi'i and Hanafi schools regarding fair wali as a condition for the validity of a marriage contract. In addition, KHI does not require that wali in marriage must be fair. The Syafi'i school of thought explains that the requirements for a wali are fair with six criteria, namely Islam, puberty, sound mind, independence, male and fair. When viewed from the opinion of the Shafi'i school of thought, the implementation of marriage by a virtuous wali, the marriage is void. However, Islamic law is not rigid. Even though according to Islamic law the marriage of a person whose wali is wicked is void, there is still a loophole for his child's marriage to remain valid according to Islamic law. By following the opinion of other scholars such as the Hanafi school of thought, the marriage is still valid with the following reasons; First, namely, someone's Islam is considered sufficient to become a marriage wali, so it doesn't look at whether the person is fair or not. The two wicked wali may become wali, namely looking at the element of benefit for others.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126759208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Accountability in The Maqashid Sharia Perspective","authors":"Satria Darma, S. Sunardi, Alimuddin HM Alimuddin HM","doi":"10.52029/jis.v3i2.93","DOIUrl":"https://doi.org/10.52029/jis.v3i2.93","url":null,"abstract":"This study aims to analyze accountability in the perspective of maqashid sharia. In this study using exploratory study method, namely descriptive analysis in analyzing secondary data related to these problems, by determining the theory of Islamic companies, agency theory and information asymmetry, and the philosophy of justice in Islamic law. The results of the research show that accountability is carried out by the company as a form of accountability for the trust given. The goal is to create justice and prosperity for all parties.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116574608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rights and Obligations of Husband and Wife According to Islamic Law in Constructing Sakina Family","authors":"Muhammad Ikbal Ali","doi":"10.52029/jis.v3i2.94","DOIUrl":"https://doi.org/10.52029/jis.v3i2.94","url":null,"abstract":"This research aims to know the rights and obligations of husband and wife in building a sakinah family. The method used in this study is the library research method with a normative approach. The research results show that Husband and wife understand that the position of wife and husband in the household is the same, but have different rights and obligations, although on the other hand the community understands that the position of the wife in the family is under the husband, they understand this from the understanding of salaf fiqh which states that the wife must uphold high her husband with honor and glory. The concept of Islamic marriage teaches that the rights possessed by husband and wife are in balance with the obligations imposed on them, a husband or wife has balanced obligations. To realize a harmonious, sakinah and peaceful family, this can be done by fostering the appreciation of Islamic religious teachings, fostering mutual respect, fostering an attitude of efficient living, and fostering an introspective attitude of each husband and wife.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121846778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Halal Tourism in Aceh: Opportunities and Challenges","authors":"Khairil Umuri, Junia Farma, Eka Nurlina","doi":"10.52029/jis.v3i1.84","DOIUrl":"https://doi.org/10.52029/jis.v3i1.84","url":null,"abstract":"Halal tourism is an alternative in increasing the economy. Aceh is an area that has natural and cultural potential in the development of halal tourism. This study aims to analyze the potential and challenges of developing halal tourism in Aceh. Secondary data is used as the basis for obtaining qualitatively analyzed information. The results of the study indicate that there are several opportunities for developing halal tourism such as the majority of Acehnese are Muslim, the application of Islamic law, natural beauty and panoramas, interesting culture and history. In addition to opportunities, there are also challenges in the development of halal tourism, such as the lack of public understanding of the concept of halal awareness, geographical factors, demographic factors, factors of concern and seriousness from the government and the private sector, and infrastructure factors.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127184819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Witness Position in Court and How to Judge According to Ibnu Rusyd (Reinterpretation in the Book of Bidayatul Mujtahid Wa Nihayatul Muqtasid)","authors":"Deni Mulyadi","doi":"10.52029/jis.v3i1.85","DOIUrl":"https://doi.org/10.52029/jis.v3i1.85","url":null,"abstract":"The position of witnesses in court has a fairly important role as evidence if other evidence is not available to provide information about an incident/dispute. In the texts of fiqh books, the matter of witnessing in court is required to be male except for witnesses related to property rights (huquq al-amwal) or body rights. As if women's rights are not recognized when compared to men, this means that there is a gap between fiqh texts and the reality of society. According to Ibn Rushd, the fuqaha agree that when a judge wants to try a case (case trial), the principle of equality must apply between the accuser (prosecutor) and the defendant, or between the applicant and the respondent in a trial court. According to Ibn Rushd, a judge should not only listen to the words of one party without paying attention and listening to the statements of the other party. In this case, Ibn Rushd emphasized that the judge in the trial court must give time and opportunity to the plaintiff to first provide a statement of his indictment after being asked by the judge. If any part of the indictment case or object of the lawsuit which is denied, is rejected by the defendant, then according to Ibn Rushd, the judge must ask and investigate the evidence to the plaintiff. On the other hand, if the plaintiff does not have evidence and the case is related to assets, then based on the agreement of the fuqaha, the defendant must take an oath.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131299254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Marriage Age Limit In Hanafi Mazhab And Its Relevance With Law No. 16 Years 2019","authors":"Abdulrahman B. Hamid, Ahmad Maulidin","doi":"10.52029/jis.v3i1.88","DOIUrl":"https://doi.org/10.52029/jis.v3i1.88","url":null,"abstract":"The priests of the madhhab did not mention the age limit for marriage, but only set the age of puberty. Whereas in the compilation of Islamic law and the Act there is a provision which states that the age limit for marriage is Law No. 1 of 1974 for women at least 16 years, for men 19 years, then revised by Law No. 16 of 2019 that men and women must be at least 19 years old. year. Thus the author wants to find the relevance of the provisions on the age limit for marriage contained in the law and the opinions of the Hanafi school. This is postulated in a hadith narrated by Imam Bukhari from Sayyidah Aisyah ra. In this study, we want to examine how the comparison of underage marriage between the Hanafi school and Law no. 16 of 2019. This type of research is library research with a juridical-normative approach. The results of this study conclude that underage marriage is not allowed in Law no. 16 of 2019 because it raises many negative elements from positive things. While in the Hanafi school there is no prohibition against underage marriage as long as it does not cause negative effects.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126080875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Application of The Concept of Justice in the Perspective of Pancasila State Law","authors":"Umar Mahdi","doi":"10.52029/jis.v3i1.86","DOIUrl":"https://doi.org/10.52029/jis.v3i1.86","url":null,"abstract":"This research is an empirical normative juridical research using a statute approach. This research is carried out by examining all laws related to the legal issue being studied. This research focuses on research that views law as a complete system that includes a set of legal principles, legal norms, and legal rules (written or unwritten). From the research, it was found that the application of the concept of justice in criminal law enforcement has not been implemented perfectly due to differences in the interpretation of the rule of law in its implementation and is influenced by the legal system adopted in Indonesia. Indonesia adheres to the Continental European legal system which does not recognize precedent decisions. Meanwhile, the embodiment of law enforcement when viewed from the perspective of the state of Pancasila law has not been fully implemented in the implementation in the field. This is a matter of debate among jurists. The law does not only refer to the principle of legality but also to the benefits of a sense of justice in the order of people's lives.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125013745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of Husband's Obligations Post-Divorce (Case Study in Mutiara Timur District, Pidie Regency)","authors":"Ezi Azwar","doi":"10.52029/jis.v3i1.87","DOIUrl":"https://doi.org/10.52029/jis.v3i1.87","url":null,"abstract":"Mutiara Timur is one of the districts in Pidie Regency, Aceh Province. Divorce cases in this district are increasing every year. After the divorce, the exhusband is obliged to carry out several obligations to his ex-wife and children, but in practice the process of fulfilling the obligations of the ex-husband to the child and post-divorce wife has not been carried out properly. This type of research is field research, namely research that is directly carried out in the field or to respondents. In this study, the researcher used a qualitative descriptive analysis. And using an empirical-juridical approach, which is a legal research method that functions to be able to see the law in a real sense and examine how the law works in a community environment. The obligations of the ex-husband after the divorce are: to provide mut'ah, iddah rights, madhiyah maintenance, division of joint assets, paying off dowries owed, and providing a living for their children. After the author conducted research on 18 divorced couples, the author found that there were 13 ex-husbands who were obliged to provide for their children. Of the 13 ex-husbands, only two people carry out the obligation to provide maintenance for their children perfectly. There are 7 people who are obliged to give mut'ah and the right of iddah to the ex-wife. Of the 7 people, only one person is carrying out his obligations. There are 7 people who are obliged to carry out the distribution of joint assets. Of the 7 people, there are only two people who carry out their obligations. Meanwhile, there are 7 people who are obliged to pay for Madhiyah's living. Of the 7 people, there is not a single person who carries out his obligations. The factors behind the effective and ineffective implementation of husband's obligations after divorce in Mutiara Timur District include: economic factors, communication factors, education factors, remarriage factors, and divorce background factors.","PeriodicalId":143981,"journal":{"name":"Al Mashaadir : Jurnal Ilmu Syariah","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121548813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}