Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial最新文献

{"title":"PHOTOGRAPHER INCOM EARNINGS PRE-WEDDING IN PERSPECTIVE AL-'AMÂL . IJÂRAH CONTRACT (A Research in Takengon City)","authors":"Dissarami Dissarami","doi":"10.22373/dusturiyah.v12i2.13260","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i2.13260","url":null,"abstract":"Pre-wedding photo shoots are carried out to meet various aesthetic needs at the wedding ceremony. This causes many people to need the services of a photographer, producing various forms of style from every pre-wedding photo moment that is created. There are three problem formulations in this thesis, namely first, how is the contribution of the photographer in determining behavior and style in pre-wedding shooting. Second, what are the efforts made by the photographer to avoid photo sessions that are against the syara' in pre-wedding photography. Third, what are the consequences of the photographer's income according to the perspective of the ijarah al-'amal contract in Takengon City. The method that the author uses in this research is a qualitative descriptive method, the data collection used is through library researchers and field researchers, carried out by researching and asking questions to the photographer in Takengon City. The results of the study show that first, the participation of photographers in the photo-taking process to avoid things that are contrary to sharia. Second, in the photo session there were several photographers giving rules and restrictions to clients to avoid things that are contrary to sharia rules. Third, the photographer's income has met the terms and conditions based on the ijarah al-amal agreement","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"23 18","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113984147","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":"Konsep Maqāshid SyariaThe Concept of Maqāshid Syariah As-Syāṭiby in the Book Al Muwāfaqāth As-Syāṭiby Dalam Buku Al Muwāfaqāt","authors":"Khalil Al Farahidy","doi":"10.22373/dusturiyah.v12i2.13028","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i2.13028","url":null,"abstract":"As Syātiby is known as the father of Sharia maqāṣid science. This is because of what he wrote in his book Al-Muwāfaqāt. He outlined the concept of Allāh's intent and purpose in implementing the Shari'a. And what he put in his book can be easily understood by his readers, because it is written in neat and orderly divisions. He divided the discussion of objectives into two discussions. The first is Maqāshid Syari' or Allāh in establishing the Shari'a, namely for the good of mankind, and the second is Maqāshid Mukallaf or servant who must be in accordance with and not contradict Maqāṣid Syari'.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131069878","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":"EPISTEMOLOGY OF THE FI'L HADITH AS A PROPOSAL AGAINST MINIMUM NUMBER OF FRIDAY CONCLUSIONS","authors":"Saifuddin Sa'dan, Fadli Ibrahim","doi":"10.22373/dusturiyah.v12i1.13270","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.13270","url":null,"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.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129458576","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":"PATTERN OF NAZHIR WAKF DEVELOPMENT IN THE CITY OF BANDA ACEH","authors":"Husni Jalil, Bukhari Ali, Alek Saputra","doi":"10.22373/dusturiyah.v12i1.12371","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12371","url":null,"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.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126371189","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":"ANALYSIS OF ISLAMIC LAW ON ELECTRONIC CONTRACTS BASED ON GOVERNMENT REGULATION NUMBER 80 OF 2019 CONCERNING TRADE THROUGH ELECTRONIC SYSTEMS","authors":"Ida Friatna, Muhammad Riza, Azka Amalia Jihad","doi":"10.22373/dusturiyah.v12i1.12295","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12295","url":null,"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.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124143915","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":"COMPARATIVE LAW REPATRIATION INDONESIAN CITIZEN EX FOEIGN ISLAMIC STATE IRAQ AND SYIRIA ABOUT INDONESIA LAW AND ISLAMIC LAW","authors":"B. Munir, Yenny Sri Wahyuni, Teuku Awis Aulia","doi":"10.22373/dusturiyah.v12i1.12269","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12269","url":null,"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.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"256 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114454620","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":"IMPLEMENTASI PELAYANAN KESEHATAN WARGA BINAAN DI RUTAN KELAS II B TAKENGON","authors":"Mudfar Alianur, N. Nurlaila, A. Alena","doi":"10.22373/dusturiyah.v12i1.12281","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12281","url":null,"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.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122153806","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":"STATE AND RESPONSIBILITY FOR IMPLEMENTATION OF ISLAMIC LAW","authors":"Muhammad Yusuf","doi":"10.22373/dusturiyah.v12i1.12878","DOIUrl":"https://doi.org/10.22373/dusturiyah.v12i1.12878","url":null,"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.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114987485","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":"GAMPONG EMPLOYMENT INSURANCE AGREEMENT REVIEW ACCORDING TO KAFALAH AGREEMENT (Case Study of Riseh Tunong Village, Sawang District North Aceh Regency)","authors":"Ridwan Nurdin, Rita Purnamasari, Faisal Fauzan","doi":"10.22373/dusturiyah.v11i2.11901","DOIUrl":"https://doi.org/10.22373/dusturiyah.v11i2.11901","url":null,"abstract":"The Employment Social Security Administration (BPJS) is the responsibility and obligation of the State that focuses on social security and labor protection in Indonesia to provide socio-economic protection to the community by organizing Work Accident Insurance (JKK), Death Insurance (JKM), Old Age Security programs (JHT), and Retirement. In accordance with the state's financial capacity. With the existence of BPJS for Employment, it is proper to help workers who are at risk and get the compensation or services that should be obtained. In this case the Gampong apparatus is required to become a participant of BPJS Employment in accordance with the Gampong's financial capacity. Riseh Tunong Village apparatus, Sawang District, North Aceh Regency, participated in two social security programs, namely the JKK and JKM programs. The contribution is calculated based on the percentage of wages/salaries per month, representatives from the Gampong apparatus will pay all other village equipment fees to the Lhokseumawe BPJS Employment office, the contributions are taken from the Gampong Revenue and Expenditure Budget (APBG). The purpose of this study was to determine the system of agreement and BPJS employment insurance benefits for the Gampong Riseh Tunong apparatus, Sawang District, North Aceh Regency. And to find out the review of the kafalah contract in the insurance agreement on BPJS employment on the Riseh Tunong Village apparatus, Sawang District, North Aceh Regency. This research is qualitative with descriptive analysis research type, namely the author uses field research methods and library research methods. The results of the study show that the substance of BPJS Employment is the same as conventional insurance. This is because there are two things that are not in accordance with sharia in the scheme that occurs in BPJS Employment, namely the element of transfer of risk (uncertainty) and interest-bearing loans in the determination of contributions.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128157492","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":"THE IMPLEMENTATION OF KHIYAR SYARAT ON TRANSACTION OF SHOES BY DROPSHIP SYSTEM IN THE CITY OF BANDA ACEH (A Study Case of Dropshipper in Syiah Kuala Sub-District)","authors":"Ade Nidya Fernanda, Muhammad Siddiq Armia, Rispalman Risfalman","doi":"10.22373/dusturiyah.v11i2.8617","DOIUrl":"https://doi.org/10.22373/dusturiyah.v11i2.8617","url":null,"abstract":"Dropshipping is a form of online buying and selling in which business actors act as intermediaries between genuine sellers (suppliers) and consumers. Shoe dropshippers in Syiah Kuala District do not stock goods and do not take care of shipments so they do not know the actual condition of the goods. Sometimes in online buying and selling like this there is a risk in the form of defects/damage to goods, shipping errors, etc. so a warranty system is needed to protect both parties from loss or disputes at a later date. The problem in this research is what is the form of return guarantee in the sale and purchase agreement of shoes in Syiah Kuala District by dropship and how is the khiyār review of the terms of the return guarantee form of dropship shoe purchase. In this study the authors used a sociolegal approach with descriptive analysis research methods based on data obtained from interviews. The result of this research is the guarantee provided by the dropshipper in the Syiah Kuala District in the form of exchanging goods (returns) and a refund (refund) for 3x24 hours with certain terms and conditions. In the concept of fiqh muamalah, the return guarantee has relevance to the khiyār requirement, because the dropshipper provides an option for returns within a certain time in order to guarantee the willingness of the parties. The provision of 3 days is in accordance with the terms of the khiyār time according to the terms of the fuqaha. The difference lies in the form of guarantee provided, in khiyār the terms of sale and purchase can be canceled if there is consumer defect or dissatisfaction, while the return guarantee by most dropshippers only provides exchange of goods, which shows that the sale and purchase cannot be canceled.","PeriodicalId":415658,"journal":{"name":"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122652296","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}