AL-SULTHANIYAH

Pandangan Tokoh MUI Serdang Bedagai terhadap Pemilihan Pasangan dalam Pernikahan karena Undian

Muhammad Puji Fakhri — 2025-06-16

This study aims to explore the perspective of the Indonesian Ulema Council (MUI) of Serdang Bedagai Regency on the practice of marriage through a lottery system, which took place in Pematang Setrak Village, Teluk Mengkudu Subdistrict, as a response to an out-of-wedlock pregnancy case. The practice involved drawing lots among several men allegedly involved to determine who would marry the pregnant woman, in order to preserve family honor and clarify the child’s lineage. This research employed a qualitative field method through interviews with local MUI figures. The findings indicate that the MUI views such a marriage as valid under Islamic law, as long as it fulfills the essential requirements and pillars of marriage, although the lottery method is not normative in Islamic jurisprudence. The MUI also emphasizes the need for religious counseling and post-marital guidance to ensure the couple can build a family based on Islamic values. This study contributes to the contemporary discourse on Islamic law by addressing how it interacts with emerging social practices.

Inovasi Akad Pembiayaan Kartu Kredit pada Perbankan Syariah

Dedi Susanto — 2025-06-16

Islamic credit cards are one of the innovations in the Islamic financial system aimed at providing non-cash transaction facilities while adhering to Islamic principles. This study aims to identify the challenges and issues faced by Islamic banks in developing and implementing Islamic credit card products in Indonesia. The research method used is a literature study with a descriptive qualitative approach, referring to academic literature, fatwas from the National Sharia Council (DSN-MUI), and banking regulations. The results show that Islamic banks face several key challenges, including limited public understanding of sharia-based contracts, the need for adequate supporting technology systems, and intense competition from more widely known conventional credit cards. In addition, limited product innovation and the need for harmonization between sharia regulations and national financial authority policies remain significant obstacles. Therefore, synergy between regulators, industry players, and academics is necessary to strengthen Islamic credit card products through education, sharia financial literacy, and the development of competitive yet sharia-compliant features.

Penyebab Kasus Cerai Gugat

Mufid Arsyad — 2025-06-16

This research is based on the increasing divorce rates, where external factors such as economic instability, social pressure, and psychological incompatibility further exacerbate marital conflicts. The aim of this research is to identify and analyze the influence of these three factors in the decision-making process of couples divorcing. The research employs a qualitative method with a descriptive-analytical approach, supported by both primary and secondary data collected through interviews and documentation. The results show that economic difficulties, social neglect, and psychological incompatibility play a significant role in triggering divorce. Economic factors such as the inability of couples to meet basic needs, social factors such as stigma and family pressure, and psychological factors such as lack of effective communication, are the primary triggers for the decision to separate. In conclusion, divorce is not only caused by individual differences but also by collective pressures that disrupt marital balance. The implications of this research suggest the need for policies that support couples in facing socio-economic challenges to reduce divorce rates and maintain family harmony.

Pembiayaan Haji melalui Talangan Dana Perspektif Maṣlaḥah Mursalah di Desa Sigambal

Muhammad Ali Akbar — 2025-06-16

Hajj is one of the pillars of Islam that must be performed by Muslims who meet specific conditions, one of which is istiṭā‘ah (capability). Therefore, thorough preparation—mentally, physically, and financially—is essential for prospective pilgrims. This study aims to analyze Hajj financing through loan or advance funding schemes from the perspective of maṣlaḥah mursalah. The research employs a descriptive-qualitative method with field-based data collection. Data sources include both primary and secondary materials, such as interviews, documents, DSN MUI fatwas, books, papers, and online content. The findings reveal that the condition of istiṭā‘ah is not fully met by pilgrims who use Hajj advance funding. While this facility provides convenience for some people, especially in securing a Hajj quota earlier, it raises concerns regarding the validity of the pilgrimage, particularly in terms of financial capability. Nevertheless, in areas like Sigambal Village, this funding scheme is perceived as beneficial in increasing community participation in performing Hajj.

Analisis Praktik Pembiayaan Musyarakah di Baitul Maal wat Tamwil Saudara Grabag Magelang

Umi Afifah — 2025-06-16

This study aims to assess the suitability of musyarakah financing practices at BMT Saudara Grabag Magelang based on DSN-MUI Fatwa No. 08/DSN-MUI/IV/2000. Musyarakah financing is a collaboration between shahibul maal and mudarib that contributes positively to MSMEs. However, inconsistencies were found in practice, especially in terms of loss sharing and profit sharing calculations. Losses are not shared according to the proportion of each party's capital contribution, and profit sharing does not always reflect the agreed ratio. BMT Saudara also applies rescheduling to handle losses, which is contrary to the principle of musyarakah which requires proportional loss sharing. This study uses a descriptive method with interactive analysis techniques, based on primary data from interviews and observations of 1 teller, 1 manager, and 5 customer members. The results show that although sharia aspects such as ijab qabul, legal capacity, object of the contract, and dispute resolution have been implemented, there are still shortcomings in the implementation of profit and loss sharing. The study recommends that BMT Saudara adjust the practice to be more in accordance with sharia principles and the DSN-MUI fatwa.

Penggunaan Harta Waris Prapembagian Ditinjau dari Kompilasi Hukum Islam (KHI)

Mhd. Fajri Hidayah — 2025-06-16

This study discusses the practice of using property prior to inheritance, namely the possession or use of property carried out unilaterally by one of the heirs without the consent of the other heirs before the distribution of inheritance. This study was carried out to find out what factors caused some heirs in Paluh Kurau Village to use or control property before the distribution of inheritance and to find out the review of the law in KHI perspective. Qualitative research was applied in this study using an empirical method that used primary and secondary data sources. The primary data source is in the form of collecting data directly from the field through the results of interviews with the people of Paluh Kurau Village, then collected and used as a basis for analysis base on the Compilation of Islamic Law. Secondary data sources are books and articles related to inheritance. The results of the study concluded that some heirs in Paluh Kurau Village used their property before the distribution of inheritance and the cause was due to a lack of religious understanding, especially regarding inheritance issues, then some were due to the need for life or economy, and some were due to a lack of concern for other heirs. If analyzed from the Compilation of Islamic Law, then the practice of using property before the distribution of inheritance is inappropriate and contradictory, because legally each heir has the right to the property which must be divided according to their respective share so that the property cannot be used unilaterally without the consent of other heirs before an agreement in the distribution of inheritance occurs and each heir is aware or knows his share.

Religious Engineering: Analisis Perda Nomor 4 Tahun 2021 tentang Pedoman Penyelenggaraan Gerakan Etam Mengaji (GEMA) di Kabupaten Kutai Kartanegara

Dita Allika Fadia Haya — 2025-06-16

This study aims to examine Regional Regulation Number 4 of 2021 concerning Gerakan Etam Mengaji (GEMA) in Kutai Kartanegara Regency as a legal instrument rooted in local wisdom and Islamic values. Using a normative legal approach and Miles and Huberman’s interactive data analysis model, the research explores the regulation's content, its underlying philosophical values, and its role as a form of conservative religious engineering. The findings indicate that GEMA not only seeks to preserve the community's religious culture but also serves as a legal strategy to strengthen character development and Qur’anic literacy among students. This regulation represents a participatory legal framework supported by a reward system aimed at educational and religious institutions. GEMA exemplifies how local law can function both as a protector and driver of religious cultural values in the face of modernization.

Putusan Bebas Pengadilan Negeri Gunung Sitoli Nomor: 119/PID.B/2019/PN.GST Tanggal 11 Mei 2022 terhadap Terdakwa Yang Melanggar Pasal 374 KUHP

Dona Martinus Sebayang — 2025-06-16

The problem in this study is how criminal responsibility and proof for embezzlement in employment relations in Decision Number 119 / Pid.B / 2019 / PN Gst, what is the role and function of Judges in the law. The results showed: The criminal liability of perpetrators of embezzlement in employment relations in Decision Number 119/Pid.B/2019/PN Gst, if you look at Article 374 of the Criminal Code as demanded by the Public Prosecutor is a threat through a maximum sentence of 5 years. The role of the Judge in law through his decision is based on Article 1 paragraph (8) of the Code of Criminal Procedure which states that the Judge is a state judicial official authorized by law to prosecute. The legal analysis of the decision of the Gunung Sitoli District Court Judge who decided to acquit the defendant Agustina Ndraha in Decision Number 119/Pid.B/2019/PN Gst was considered inappropriate, because the free verdict decided by the Panel of Judges regarding the embezzlement case in employment relations submitted by the Public Prosecutor on the basis that the Judge did not apply the law properly, namely in legal considerations on incriminating matters and mitigating the Defendant regarding the conviction of the Defendant.

Pandangan MUI Kota Medan tentang Pemberian Masjid sebagai Mahar Pernikahan

Ichlasul Amarul Haq Marpaung — 2025-07-22

Recently, a phenomenon has emerged involving the use of a mosque as a marriage dowry (mahar), which has sparked legal debates. This study aims to analyze the perspective of the Indonesian Ulema Council (Majelis Ulama Indonesia or MUI) of Medan City regarding the practice of giving a mosque as a mahar in marriage. The research employs a descriptive qualitative method with a normative and conceptual legal approach. Data were collected through interviews with representatives of MUI Medan and a literature review of Islamic legal texts and scholarly articles related to marriage and waqf. The findings indicate that MUI Medan rejects the validity of using a mosque as mahar because a mosque is considered waqf property, which has been removed from private ownership and therefore does not meet the Islamic legal requirements for a valid mahar—that it must be something that can be lawfully owned and transferred. Nevertheless, the marriage contract remains valid if all its pillars and conditions are fulfilled, but the invalid mahar must be replaced with a mahar mithil (a customary or appropriate dowry). This study recommends the issuance of an official and explicit fatwa by the MUI to prevent public misunderstanding and to serve as guidance for marriage officers and related parties in the practice of marriage.

Penambahan Biaya Tol oleh Sopir terhadap Penumpang Perspektif Fatwa MUI No. 112/DSN-MUI/IX/2017 Tentang Akad Ijarah

Mhd Ilham Nst — 2025-07-31

This study aims to examine the conformity of the practice of toll fee additions by drivers to passengers of the Medan–Panyabungan travel route with the provisions of Fatwa DSN-MUI No. 112/DSN-MUI/IX/2017 concerning the ijarah contract. This research employs an empirical approach through data collection techniques including observation, interviews, and documentation. The data analysis technique used refers to the Miles and Huberman model, which consists of data condensation, data display, and conclusion drawing and verification. The findings reveal that the addition of toll fees can be justified according to Islamic law (sharīʿah) if it is communicated beforehand and mutually agreed upon. However, there are practices where toll fees are added unilaterally without prior notice, which potentially leads to gharar (uncertainty) in the contract. Therefore, it is necessary to establish a clear standard operating procedure (SOP) and ensure transparent communication from the outset so that the implementation of the ijarah contract in transportation services complies with sharīʿah principles and avoids future disputes.

Analisis Hukum Jual Beli Rumah Over Credit di Bawah Tangan Perspektif Sadd Adz-Dzari’ah

Rizki Dina Apriani — 2025-08-01

This study is motivated by the widespread practice of unofficial over-credit house sales, particularly in the Griya Madani Housing Complex, Parbangunan Village, Panyabungan Sub-district, Mandailing Natal Regency. The aim of this research is to analyze the legality of unofficial over-credit house transactions from the perspective of sadd adz-dzari’ah. This study employs an empirical juridical method with a case study approach. Primary data were obtained through interviews and direct observation, while secondary data were collected from literature reviews. The findings reveal that there have been seven unofficial over-credit transactions in the Griya Madani Housing Complex. Contributing factors include the avoidance of high bank administrative fees, faster and simpler processes, and greater financial benefits compared to purchasing a new house. The sadd adz-dzari’ah analysis identifies several potential harms (mafsadat), such as legal uncertainty regarding property ownership, the risk of fraud or default, breach of contract with the bank, financial losses for the bank as the creditor, and the absence of legal protection for the new buyer. Based on the principles of sadd adz-dzari’ah, such transactions fall into the category of harmful means that should be prevented due to the greater harm than benefit they pose. This study recommends that such transactions be conducted through official credit transfer mechanisms involving banks and notaries to ensure legal certainty and prevent detriment to all parties involved.

Analisis Yuridis Dampak Over Kapasitas pada Ruang Tahanan terhadap Hak-Hak Narapidana

Anjar Pramudita Mira Dewi — 2025-08-04

To address the issue of overcrowding in correctional institutions, one of the alternative approaches is to replace imprisonment with other forms of sentencing, such as remission, conditional leave, and parole. These alternatives serve as optional punishments outside the primary criminal sanctions. This study employs an empirical juridical method with a descriptive approach. The findings reveal several key factors contributing to prison overcrowding, namely: (1) the rising crime rate; (2) the ease with which individuals are detained upon suspicion or indictment; (3) the lack of clear standard operating procedures (SOP) regarding detention postponement; (4) the underutilization of alternative punishments other than imprisonment; (5) the high rate of recidivism; and (6) the implementation of stricter remission policies for inmates convicted of corruption and narcotics-related crimes. The impacts of overcrowding in the Class IIB Correctional Facility in Wonogiri include: (1) difficulties for inmates in resting and engaging in activities; (2) obstruction of the right to file complaints; (3) inadequate sanitation; (4) limited access to proper healthcare services; (5) insufficient supervision; (6) suboptimal rehabilitation and self-reliance programs; and (7) increased potential for conflict among inmates.

Tinjauan Yuridis atas Pertanggungjawaban Pengurus Baitul Maal Wa Tamwil yang Tutup terhadap Simpanan Anggota

Saffana Zhafirah Abas — 2025-08-13

The closure of Baitul Maal Wa Tamwil has given rise to many problems, including the return of member deposits. The purpose of this research is to examine the accountability of the management of BMT that closes regarding member deposits and the form of legal protection for member deposits in accordance with legislative regulations. As normative research, this study employs a statute approach and a conceptual approach. Data is collected through document studies, then processed and analyzed qualitatively to illustrate the obligations of the management and the rights of BMT members as parties entitled to their deposits. The results of this study indicate that the management is obliged to return the member deposit funds if the losses incurred are due to negligence or intentional actions by the cooperative management in accordance with the provisions of Article 34 paragraph (1) and paragraph (2) of Law no. 25 of 1992. and the members only bear losses to the extent of their principal savings, mandatory savings, and their ownership capital, therefore the members are entitled to protection in the form of guarantees for the return of their savings.

Implementasi Jaminan Halal pada Program Makan Bergizi Gratis (MBG) di Kecamatan Medan Timur

Muhammad Rayhan — 2025-08-13

This study examines the implementation of the Free Nutritious Meal (MBG) Program in Medan Timur District, focusing on compliance with the Halal Product Assurance (JPH) as mandated by Law Number 33 of 2014. Employing a qualitative approach through interviews, observations, and document analysis, the research reveals a gap between regulatory provisions and on-the-ground practices. While the MBG program aims to improve human resource quality, reduce malnutrition and stunting, and stimulate regional economic growth, its implementation still faces challenges, including the absence of halal labels and expiration dates on some products, incomplete halal certification of food suppliers, limited infrastructure, shortage of halal auditors, weak inter-agency coordination, and budget constraints. These conditions indicate that the protection of Muslim consumers’ rights to halal and thayyib food has not been fully ensured. The study recommends strengthening technical regulations, accelerating halal certification, enhancing monitoring systems, and fostering multi-stakeholder collaboration to ensure the program’s success in line with legal mandates and Islamic principles.

Implementasi Kebijakan Rencana Penanggulangan Kemiskinan Daerah (RPKD) 2021-2026 di Kabupaten Kotawaringin Timur

Muhammad Pazri Ramadani — 2025-08-13

This study aims to analyze the implementation of the Regional Poverty Alleviation Plan (RPKD) 2021-2026 in East Kotawaringin Regency. A descriptive qualitative approach was used, employing interviews with informants from local government agencies, community leaders, and program beneficiaries. The data analysis applied Grindle’s policy implementation model, which includes five aspects: interest affected, resources committed, benefit distributed, degree of change, and decision-making location. The findings indicate that the policy implementation involves cross-sector actors coordinated by the Regional Poverty Alleviation Coordination Team (TKPKD). However, challenges remain in data synchronization, the accuracy of aid targeting, and limited community participation. The data system has shifted to the more integrative Regsosek system, although community economic empowerment efforts are still suboptimal. This study recommends strengthening coordination, ensuring data transparency, and enhancing the capacity of village officials in designing poverty alleviation programs based on local needs.

Pertanggungjawaban Perdata Direksi atas Peredaran Bahan Bakar Minyak RON 90 sebagai RON 92

Firda Ramadani Harahap — 2025-08-14

This study examines the civil liability of company directors for the distribution of RON 90 fuel packaged and sold as RON 92. This practice causes losses to consumers because the quality of the goods does not match the information provided. The research method employed is normative juridical with statutory and conceptual approaches, supplemented by empirical data from the Indonesian Consumers Foundation (YLKI), the Jakarta Legal Aid Institute (LBH Jakarta), and Celios analysis, which estimates consumer losses at IDR 17.4 trillion per year. The results show that directors can be held civilly liable due to elements of breach of contract and/or unlawful acts resulting from negligence in supervising and controlling the quality of marketed fuel. In Islamic commercial jurisprudence (fiqh muamalah), such actions violate the principles of a valid sales contract because of discrepancies between the goods and the promised specifications. This responsibility also includes the obligation to prevent harm (dharar) to consumers. Therefore, the liability of directors is relevant not only in positive law but also carries strong moral and shar‘i dimensions. This study emphasizes the importance of strengthening fuel quality control and applying Sharia values in state-owned enterprise governance.

Penerapan Standar Halal Pengelolaan Kantin Kampus UIN Sumatera Utara Medan

Serli Lestari Napitupulu — 2025-08-14

The campus canteens within the UIN Sumatera Utara Medan environment have not yet obtained halal certification. The objective of this research is to examine how halal standards are implemented in the campus canteen of UIN Sumatera Utara and to identify the influencing factors. This research is an empirical legal study with a sociological and legal and statute approach. Data were collected through observation, interviews, and document studies. The data were then processed, analyzed, and described qualitatively. The findings of this research indicate that halal standards have been implemented in the campus canteen of UIN Sumatera Utara Medan, but not optimally, as halal certification has not yet been obtained, thereby leaving the halal assurance unconfirmed officially. Factors influencing this condition include the high level of trust from the academic community toward canteen operators, the lack of socialization and education from the authorities, and the absence of internal campus regulations regarding canteen certification.

Pertanggungjawaban Pembayaran Royalti Konser Perspektif Fatwa MUI Nomor 1 Tahun 2003 tentang Hak Cipta

Devi Cantika Turnip — 2025-08-16

Royalty payments for the use of musical works often raise legal issues, par-ticularly regarding the parties responsible in commercial concerts. This study aims to analyze the licensing mechanism for the use of copyrighted works under Law No. 28 of 2014, identify the parties responsible for paying royalties in concerts, and examine these obligations from an Islamic legal perspective as interpreted by the Indonesian Ulema Council (MUI). The re-search method used is normative legal research with a legislative and con-ceptual approach. The results of the study show inconsistencies between Ar-ticle 9 paragraphs (2)-(3) and Article 23 paragraph (5) of the Copyright Law, which create legal uncertainty regarding the licensing mechanism for the use of copyrighted works. In commercial concerts, the EO is designated as the party most responsible for royalty payments because it manages all as-pects of the event and derives economic benefits. From an Islamic legal per-spective, copyright falls under ḥuqūq māliyyah, which must be protected, and violations of it are categorized as ẓulm. Therefore, royalty payments are a religious obligation to uphold the principles of justice and protection of property rights in transactions.

Perlindungan Konsumen atas Penggantian Produk tanpa Kesepakatan di Marketplace Shopee Perspektif Fatwa DSN-MUI No. 144/DSN-MUI/XII/2021

Maysarah Safitri — 2025-08-25

One form of consumer loss in the marketplace is caused by the irresponsible actions of business actors regarding the products they sell, specifically the replacement of products without prior agreement. This study aims to analyze consumer protection regarding product replacements without prior agreement on the Shopee marketplace from the perspective of Fatwa DSN-MUI No. 144/DSN-MUI/XII/2021. The research employs a normative legal research method using a statutory approach and a conceptual approach. Data was obtained through a literature review of Fatwa DSN-MUI No. 144/DSN-MUI/XII/2021 on marketplaces based on Sharia principles and other legal sources such as laws, books, journals, and previous studies related to this research. The results of the study indicate that product replacement without agreement can be considered a breach of contract because the business operator has failed to fulfill their responsibilities in accordance with the agreement. Article 7 letter c of the Consumer Protection Law stipulates that business actors have an obligation to treat or serve consumers fairly and honestly, without discrimination. Based on Fatwa DSN-MUI No. 144/DSN-MUI/XII/2021, when selling goods to consumers, business operators are not permitted to engage in actions that contradict Islamic law, namely tadlis (fraud), tanajusy (excessively high prices), and ghisysy (concealing defects in products).

Pendistribusian Zakat oleh BAZNAS Kabupaten Pakpak Bharat berdasarkan Undang-Undang Nomor 23 Tahun 2011 tentang Pengelolaan Zakat

M. Ilham Aradimas — 2025-08-25

This study aims to examine the implementation of muamalah legal principles in the distribution of zakat by the National Amil Zakat Agency (BAZNAS) of Pakpak Bharat Regency, in accordance with Law No. 23 of 2011. It also seeks to identify the challenges encountered and formulate strategic measures to improve the effectiveness of zakat distribution. The research employs an empirical juridical method, emphasizing primary data obtained directly from BAZNAS Pakpak Bharat through field research. Data were collected through direct observation and interviews with BAZNAS officials, and subsequently analyzed qualitatively to explore the practical application of law within society. The findings indicate that BAZNAS Pakpak Bharat has endeavored to apply the principles of justice, transparency, trustworthiness (amanah), benefit, and legal certainty in zakat distribution. Nevertheless, significant obstacles remain, such as low public awareness of channeling zakat through official institutions, limited human resources, accountability issues, bureaucratic complexity, and the necessity to adapt to socio-economic dynamics. Only 11 out of 78 mosque congregations are registered as Zakat Collection Units (UPZ), reflecting the untapped potential of zakat. Hence, the study recommends strengthening public education, enhancing human resource capacity, improving transparency, developing productive programs, and optimizing the role of UPZ.

Implementasi Peraturan Wali Kota Medan Nomor 26 Tahun 2024 Tentang Petunjuk Pelaksanaan Parkir Berlangganan di Tepi Jalan Umum Perspektif Siyasah Dusturiyah

Yuni Audina — 2025-08-25

This research discusses the implementation of Medan mayor's regulation number 26 of 2024 concerning instructions for implementing subscription parking on the side of public roads from the perspective of siyasah dusturiyyah, namely the concept of constitutional politics in Islam which emphasizes justice, benefit and compliance with the constitution and syar'i values in the administration of government. The aim of this research is to analyze the extent to which the implementation of these regulations is in accordance with the principles of just governance according to Islam, as well as identifying supporting and inhibiting factors for their implementation in the field. This research uses descriptive qualitative methods with a normative juridical approach and field studies. The research results show that this subscription parking policy has positive value in realizing public benefit (maslahah 'ammah) but there are still challenges in its implementation such as lack of socialization, weak supervision, and community resistance due to lack of transparency and accountability. Therefore, efforts are needed to strengthen aspects of public participation, law enforcement and bureaucratic integrity so that the implementation of this policy can be in line with the principles of siyasah dusturiyyah and realize social justice in society.

Berian sebagai Nafkah kepada Calon Isteri Perspektif Mazhab Syafi’i (Studi Kasus di Tenom, Sabah Malaysia)

Mohamad Farid Adam Bin Morti — 2025-08-26

This study examines the practice of giving gifts or pulut by prospective husbands to prospective wives during the engagement period among the Muslim community in Tenom, Sabah, Malaysia. This practice has become deeply rooted as part of a social tradition that is considered an unwritten obligation, whereby the male party gives a certain amount of money every month from the time the proposal is accepted until the wedding day arrives. The amount varies according to family agreement, ranging from RM 300 to RM 1,000 per month, with the duration of the gift ranging from seven months to over a year. This phenomenon raises questions about the legal status of the down payment in the context of Islamic law, as well as its social impact on the prospective bride and groom. This study uses an empirical legal method with a field research approach. Primary data was obtained through in-depth interviews and direct observation of prospective grooms, prospective brides, families, traditional leaders, and religious leaders. Secondary data was collected from Islamic legal literature, Malaysian legislation, and related academic sources. Data analysis was conducted qualitatively by grouping findings based on main themes, namely the form of implementation, public perception, and Islamic legal views on the practice. The results of the study show that the public considers the down payment as a symbol of the prospective husband's seriousness and moral responsibility, but this practice can become a heavy financial burden, leading to marriage cancellations or elopements. In Islamic law, gifts given during the engagement period do not fall under the categories of dowry or maintenance, but are more appropriately categorized as gifts or customary practices permitted as long as they do not contradict Islamic law. The research discussion emphasizes the need for community education to ensure that this custom is carried out voluntarily and proportionally, so as not to hinder the purpose of marriage that is pleasing to Allah SWT.

Penyelesaian Sengketa Tanah Wakaf di Kecamatan Medan Sunggal Ditinjau dari Hukum Islam

Hidayat — 2025-08-28

Waqf land has many benefits for the community. Unfortunately, many waqf lands are not equipped with waqf deeds. This has the potential to create problems because after the waqif passes away, heirs or family members can reclaim the land. A real example occurs with waqf land that has already been built into a mosque in the Medan Sunggal sub-district, which contradicts the requirements of waqf in Islamic law. This research aims to: (1) identify the conditions and pillars of waqf according to Islamic law, (2) understand the methods of resolving waqf land disputes, and (3) analyze the Islamic legal perspective on waqf land disputes in the Medan Sunggal sub-district. The method used is normative-empirical, referencing various sources such as books, journals, legislation, observations, interviews, and other supporting literature. The results of this study illustrate how disputes over waqf land that already has a mosque can be resolved according to Islamic law.

Peran Strategis Retorika Dakwah dalam Membangun Komunikasi Politik yang Efektif di Masyarakat Muslim Indonesia

Jihan Afri Batubara — 2025-09-03

This study aims to analyze the role and urgency of da'wah rhetoric in political communication in Indonesia, with a focus on the context of the Muslim-majority society. As an art of communication, da'wah rhetoric has evolved into a tool for building relationships between leaders and the public, both in spiritual and socio-political dimensions. In this study, the author employs a qualitative approach with a literature review as the primary method, relying on written sources such as books, articles, and previous research to explore the concepts of da'wah rhetoric and its application in political communication. The findings of this study show that da'wah rhetoric not only serves to strengthen religious identity but also functions as a strategic means of shaping public opinion and advancing public agendas, using moral and religious values that can influence the feelings and emotions of the audience. The study discusses three methods of da'wah rhetoric: the method of hikmah (wisdom), mau'izhah hasanah (good advice), and mujadalah billati hiya ahsan (debate in the best manner). The application of these methods is crucial for delivering political messages effectively and persuasively.

Penanganan Perkara Menguasai Tanah Tanpa Izin

Dania Zahra — 2025-09-22

This study discusses the land ownership trial between Defendant I, Defendant II, and Defendant III based on the Decision of the Pematang Siantar District Court Number 81/Pdt.G/2019/PN PMS. This dispute gives rise to different interpretations of the validity of the Kotapradja Letter which is used as evidence of land ownership. This study uses a normative legal method with a descriptive analytical nature, a normative approach, and secondary data collected through document studies, analyzed qualitatively. The results of the study indicate that the validity of the Kotapradja Letter is weak because after the enactment of the Basic Agrarian Law (UUPA), all land certificates must be re-registered to obtain strong legality. At the first level, the panel of judges granted the plaintiff's lawsuit based on documentary evidence and witness statements. However, at the appeal level, the defendant succeeded in overturning the initial decision with additional evidence. The case brought to the Supreme Court showed that SHM 326 of 1995 belonging to the plaintiff and SHM 0042 of 1984 belonging to Defendant I were in accordance with the measurement results, so that the land controlled by Defendant I was legally valid. This study emphasizes the importance of legal certainty in maintaining land and the need to verify the legality of documents to prevent ownership conflicts.

Perlindungan Hak Anak dari Perilaku Orang Tua Pecandu Narkoba

Yopita Sari — 2025-09-25

This study analyzes the protection of children's rights from the behavior of drug-addicted parents based on the Compilation of Islamic Law (KHI), which requires parents to care for, educate, guide, and protect children until adulthood. Using a qualitative approach with a normative legal research type, the study was conducted on primary legal sources (the Qur'an, hadith, KHI, and laws and regulations), secondary (books, journals, previous research), and tertiary. Descriptive-analytical analysis was used to examine the suitability of legal norms with child protection needs. The results of the study indicate that drug-addicted parents are unable to optimally carry out their hadhanah function, making children vulnerable to neglect, violence, and loss of education, affection, and moral and spiritual support. In such conditions, children's rights can be transferred to extended family members such as grandparents or more capable relatives, while the state is obliged to be present through legal intervention, social rehabilitation, educational services, and psychological support. Therefore, child protection requires synergy between families, communities, and the government to ensure children's rights are guaranteed. This research contributes to enriching the study of Islamic family law while providing practical recommendations in efforts to protect children affected by drug abuse by parents.

Hukum Pelaksanaan Tradisi Makan Hadap-Hadapan Adat Melayu

Ardiansyah — 2025-09-26

This research analyzes the law of the implementation of eating rice hadap-hadapan Malay custom (case study in Hamparan Perak). This research involves local Malay traditional leaders and people who have made eating hadap-hadapan as a necessary consideration in order to find out if there are problems in the implementation of eating hadap-hadapan Malay customs in Hamparan Perak from the sultanate period to the present and looking for sources of Islamic law to determine the law of the implementation of eating hadap-hadapan. This research uses an empirical approach method, namely (case study in Hamparan Perak), this method aims to explore and find out the thoughts and experiences of individuals or groups as a form of effort in answering the legal problems studied in this study. In this study, it was found that there was a redundancy that occurred in throwing rice in eating face-to-face rice. In Islam, if there is an act that is redundant or wasteful, it should be abandoned, but because eating face-to-face is a custom that has been passed down from generation to generation, this custom cannot be eliminated because it will damage the customs and characteristics of the tribe. So according to the author, the law of eating hadap-hadapan may be carried out but must avoid redundancy.

Laik Fungsi Jalan Provinsi Berdasarkan Peraturan Gubernur Sumatera Utara Nomor 48 Tahun 2023 Tentang Rencana Aksi Keselamatan Lalu Lintas dan Angkutan Jalan Tahun 2024-2028 dan Perspektif Siyasah Dusturiyah

Almunadia Nasution — 2025-10-05

This study aims to analyze the implementation of provincial roadworthiness based on Governor of North Sumatra Regulation No. 48 of 2023 on the Road Traffic and Transport Safety Action Plan 2024–2028, with a particular focus on the Aek Nabara–Ajamu road segment. The research applies a normative legal method with juridical and conceptual approaches, supported by primary legal materials such as laws and regulations, as well as secondary materials including academic literature and the thoughts of classical and contemporary Islamic scholars. The analysis is conducted qualitatively through systematic interpretation and the integration of maqashid al-shari’ah principles, particularly hifzh al-nafs (protection of life) and hifzh al-mal (protection of property). The findings reveal a significant gap between normative law and empirical conditions, as many provincial roads fail to meet roadworthiness standards. From the administrative law perspective, this situation constitutes a violation of legality and accountability principles, while from the siyasah dusturiyah perspective, it reflects negligence in fulfilling leadership responsibilities.

Sistem Pembagian Harta Waris di Indonesia berdasarkan Hukum Islam dan Hukum Adat

Rahmat Hidayat — 2025-10-07

Indonesia, as a country that embraces legal pluralism, possesses diverse systems in the distribution of inheritance, namely Islamic inheritance law and customary inheritance law. This study aims to comparatively analyze the principles and mechanisms of inheritance distribution based on both systems using a normative juridical approach and descriptive-qualitative analysis method. The findings show that Islamic inheritance law is codified and normative, with fixed shares determined by syar’i sources such as the Qur’an and Hadith. In contrast, customary inheritance law is flexible and contextual, adjusted to social structures and kinship systems such as patrilineal (Batak), matrilineal (Minangkabau), and bilateral (Javanese, Buginese). The theory of legal pluralism is used to explain how Indonesian society integrates religious values, local customs, and communal justice in inheritance practices. The analysis also indicates that integrating these two legal systems can produce a more socially responsive model of inheritance distribution. This study recommends more explicit legal recognition of customary law within the national legal system and opens the possibility for a hybrid legal approach that accommodates substantive justice, deliberation (musyawarah), and public benefit (maslahah). Thus, legal pluralism should not be seen as a barrier to justice but rather as a foundation for reconstructing a more adaptive and contextual inheritance law system in Indonesia.

Penghapusan Hak Waris Anak Durhaka

Fikri Haikal Fadly Nasution — 2025-10-17

The phenomenon of parents revoking their children's inheritance rights is still found in society, even though Islamic inheritance law has clearly defined the share of each heir. A case that occurred in Tanjung Mulia Village, South Labuhan Batu Regency, shows that a father unilaterally revoked his son's inheritance rights because of the son's behavior as a drug addict. This action raises a dilemma between the moral will of the parents and the binding provisions of Sharia law. The purpose of this study is to analyze the factors behind the revocation of inheritance rights and to examine the views of the Indonesian Ulema Council (MUI) of South Labuhan Batu Regency on this case. This study uses a qualitative method with an empirical juridical approach through in-depth interviews with family members, community leaders, village officials, and the local MUI. The results of the study show that the revocation of inheritance rights is motivated by emotional, moral, and economic factors, as well as the community's misunderstanding of Islamic inheritance law. The MUI emphasizes that the revocation of a child's inheritance rights is not valid according to Sharia law, unless there are clear Sharia reasons such as religious differences or the murder of the heir. Revoking a child's inheritance rights has no valid basis because it contradicts the provisions of the Qur'an Surah An-Nisa verses 11-14, which clearly stipulate the inheritance share of each heir and cannot be changed by individual will.

Konsep Ideal Perlindungan Hukum terhadap Perempuan dan Anak Disabilitas Korban Kekerasan Seksual

Yuliana — 2025-10-21

Cases of sexual violence against women and children with disabilities in West Kalimantan fluctuate annually, with a higher level of vulnerability compared to non-disabled groups. This situation emphasizes the need for more specific and equitable legal protection for disabled groups. This study aims to analyze the forms of legal protection for women and children with disabilities who are victims of sexual violence in West Kalimantan and to propose an ideal concept of legal protection that is inclusive and victim-centered. The method used is a normative-empirical approach through literature review and field research through interviews with several relevant parties. The results of the study indicate that although legal instruments are available, such as Law Number 8 of 2016 concerning Persons with Disabilities, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Government Regulation Number 39 of 2020, their implementation is still suboptimal. Obstacles faced include limited access to information, communication barriers, social stigma, a lack of understanding among law enforcement officers regarding the special needs of persons with disabilities, and the absence of internal regulations at the police level regarding mechanisms for handling victims of disabilities. The ideal concept of legal protection encompasses three aspects: first, the provision of inclusive and accessible sexual education for women and children with disabilities; second, strengthening the capacity of law enforcement officers from a disability perspective; and third, the establishment of internal regulations or Standard Operating Procedures for handling victims of disabilities at the police level to ensure that examination standards for persons with disabilities are tailored to their needs.

Peran Hakim dalam Penerapan Restorative Justice berdasarkan PERMA Nomor 1 Tahun 2024

Nina Septiana Jasri Akadol — 2025-10-26

This study examines the role of judges in implementing restorative justice based on Supreme Court Regulation (PERMA) No. 1 of 2024. The background of this research stems from the need more humanistic approach within the criminal justice system, particularly in handling minor offenses. The purpose of this study is to analyze the role of judges in the implementation of restorative justice and to identify the challenges encountered in its application. The study uses a normative-empirical method, collecting data through document analysis and interviews with judges at the Pontianak District Court. The results of the study show that judges have a central role not only as ratifiers of agreements but also as facilitators, supervisors of the penal mediation process, and assessors of the integrity of agreements. However, the implementation still faces obstacles such as limited understanding, lack of mediation skills, and inadequate supporting infrastructure. Therefore, continuous training and systemic improvements are needed to optimize the judge's role in achieving restorative justice.

Efektivitas Penyelenggaraan Sistem Drainase Guna Mengendalikan Banjir di Kota Pontianak berdasarkan Perda Kota Pontianak Nomor 5 Tahun 2016

Dheanita Kusryat — 2025-10-26

The rapid physical development, especially in Pontianak Tenggara District, has resulted in a reduction in water catchment areas because open land is covered by concrete and asphalt. This study aims to reveal and analyze the implementation of drainage systems in overcoming flooding in Pontianak City and to determine the factors that influence the implementation of drainage systems in Pontianak City. This research applies a legal review directly to the field by conducting direct observation. Based on the research results, the Pontianak City drainage system has been regulated through Regional Regulation Number 5 of 2016 which covers technical and non-technical aspects with the aim of creating a healthy environment, free from flooding, and supporting water conservation. Its implementation includes the planning, construction, operation, supervision, and evaluation stages carried out by the PUPR Service and reported to the Mayor. Implementation is hampered by low public awareness and limited human resources and infrastructure. Furthermore, law enforcement against violations of regional regulations is inconsistent, and overlapping sanctions persist, preventing optimal achievement of drainage management goals.

Sanksi Adat Dayak Mualang dan Jangkang di Kabupaten Sekadau dalam Kaitannya dengan Konsep Residive Dan Asas Ne Bis In Idem

Plasma Versiana Mukti — 2025-10-28

This research examines the sanctions imposed in the customary law system of the Dayak Mualang and Jangkang communities in Sekadau Regency, focusing on their relation to the concepts of recidivism and the principle of Ne Bis in Idem. The background arises from recurring criminal acts such as theft, domestic violence, and violations of public order, which highlight the limitations of customary sanctions in deterring repeat offenses. The study aims to analyze, first, the recognition and application of recidivism within these communities and its impact on repeated offenses; and second, the factors underlying the imposition of double sanctions for a single act in the absence of Ne Bis in Idem. Using an empirical juridical method, data were collected through field research, interviews with customary leaders, and analysis of legal documents. The findings reveal that the customary law of Dayak Mualang and Jangkang does not recognize recidivism, resulting in repeated offenders receiving the same sanctions without aggravation. Moreover, in certain cases, offenders are subjected to double sanctions by different customary authorities, which is viewed socially as moral accountability rather than legal duplication. However, this practice contradicts modern criminal law principles and creates potential violations of human rights due to legal uncertainty. The research concludes that integrating the principles of recidivism and Ne Bis in Idem into customary law is essential to enhance justice, ensure proportional sanctions, and maintain social harmony in multicultural communities.