Pub Date : 2021-07-22DOI: 10.24952/ALMAQASID.V7I1.3813
Ahmad Soleh Hasibuan
This paper discusses the phenomena that occur in cyberspace or what is known as the digitalization era, namely the ta'aruf process that uses online applications that need to be seen from a legal point of view, in this case using the method of ushul fiqh Istishab and Maslahah Mursalah. The method used in this paper uses the empirical method by looking at the developments of habits that occur in today's society, as well as by using data analysis contained in internet applications that develop in society. From an istishab perspective, the practice is legally permissible, although the practice of ta'aruf is carried out online from various social media such as Websites, Instagram, Facebook and others. That there is no argument that prohibits the practice of online ta'aruf and the online ta'aruf process does not conflict with Islamic law. The practice of ta'aruf online also has benefits that can be used by men or women who have difficulty getting a partner. However, in addition to the benefits, there are also obstacles and shortcomings that must be considered, including the rules for online ta'aruf participants and strict rules on the identity and profile of online ta'aruf participants
{"title":"PENOMENA TA’ARUF ONLINE; ANALISIS ISTISHAB DAN MASLAHAH MURSALAH","authors":"Ahmad Soleh Hasibuan","doi":"10.24952/ALMAQASID.V7I1.3813","DOIUrl":"https://doi.org/10.24952/ALMAQASID.V7I1.3813","url":null,"abstract":"This paper discusses the phenomena that occur in cyberspace or what is known as the digitalization era, namely the ta'aruf process that uses online applications that need to be seen from a legal point of view, in this case using the method of ushul fiqh Istishab and Maslahah Mursalah. The method used in this paper uses the empirical method by looking at the developments of habits that occur in today's society, as well as by using data analysis contained in internet applications that develop in society. From an istishab perspective, the practice is legally permissible, although the practice of ta'aruf is carried out online from various social media such as Websites, Instagram, Facebook and others. That there is no argument that prohibits the practice of online ta'aruf and the online ta'aruf process does not conflict with Islamic law. The practice of ta'aruf online also has benefits that can be used by men or women who have difficulty getting a partner. However, in addition to the benefits, there are also obstacles and shortcomings that must be considered, including the rules for online ta'aruf participants and strict rules on the identity and profile of online ta'aruf participants","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129723702","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}
Pub Date : 2021-07-22DOI: 10.24952/ALMAQASID.V7I1.3878
Athoillah Islamy, Abdul Aziz Harahap
This study aims to present a contemporary maqasid shariah perspective on the pros and cons of the polemic of the implementation of castration law for perpetrators of pedophilia crimes. This research is a qualitative research in the form of literature review. This type of Islamic law research is included in the category of philosophical normative Islamic law research with a maqasid shariah approach developed by a contemporary Islamic law expert, namely Jasser Auda. The results of the study conclude that the application of legal sanctions of castration for perpetrators of pedophilia crimes does not contradict the perspective of contemporary maqasid sharia. Such a conclusion can be seen from the following three aspects. First, the implementation of the legal sanction of kebir is parallel to the orientation of Islamic law (maqasid shariah) regarding the components contained in the development of the scope of the hifz din concept, including shari'a (law), aqidah (theology) and akhlak (moral ethics). Second, the implementation of legal sanctions for castration for perpetrators of pedophilic crimes does not conflict with the maqasid perspective in the form of mental protection (hifz al-nafs), intellectual protection (hifz al-Aql) and protection of offspring (hifz al-nasl)which are closely related to the physical and psychological conditions experienced by victims. pedophilia is in line with efforts to protect the economy (hifz mal) for victims who have suffered material losses in the recovery process.
{"title":"PARADIGMA MAQASID SHARIAH KONTEMPORER TENTANG SANKSI HUKUM KEBIRI BAGI PELAKU KEJAHATAN PEDOFILIA","authors":"Athoillah Islamy, Abdul Aziz Harahap","doi":"10.24952/ALMAQASID.V7I1.3878","DOIUrl":"https://doi.org/10.24952/ALMAQASID.V7I1.3878","url":null,"abstract":"This study aims to present a contemporary maqasid shariah perspective on the pros and cons of the polemic of the implementation of castration law for perpetrators of pedophilia crimes. This research is a qualitative research in the form of literature review. This type of Islamic law research is included in the category of philosophical normative Islamic law research with a maqasid shariah approach developed by a contemporary Islamic law expert, namely Jasser Auda. The results of the study conclude that the application of legal sanctions of castration for perpetrators of pedophilia crimes does not contradict the perspective of contemporary maqasid sharia. Such a conclusion can be seen from the following three aspects. First, the implementation of the legal sanction of kebir is parallel to the orientation of Islamic law (maqasid shariah) regarding the components contained in the development of the scope of the hifz din concept, including shari'a (law), aqidah (theology) and akhlak (moral ethics). Second, the implementation of legal sanctions for castration for perpetrators of pedophilic crimes does not conflict with the maqasid perspective in the form of mental protection (hifz al-nafs), intellectual protection (hifz al-Aql) and protection of offspring (hifz al-nasl)which are closely related to the physical and psychological conditions experienced by victims. pedophilia is in line with efforts to protect the economy (hifz mal) for victims who have suffered material losses in the recovery process.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128873602","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}
Pub Date : 2021-07-22DOI: 10.24952/ALMAQASID.V7I1.4029
Khoiruddin Manahan Siregar
This paper will discuss the role of the Judicial Commission in regulating the behavior of judges, so the formulation of the problem in this paper is how the role of the Judicial Commission in regulating the behavior of judges considering the position of judges in Indonesia is law enforcement officers who occupy a fairly high position in law enforcement in Indonesia. . To answer this problem, the author will use a qualitative method by searching the literature that discusses the problems above to be analyzed in order to draw conclusions. The finding in this paper is that the emergence of the Judicial Commission which is an external oversight agency makes behavior more controlled and directed in order to judge and decide in the fairest way possible to the people seeking justice.
{"title":"PERAN KOMISI YUDISIAL DALAM MENGATUR PERILAKU HAKIM","authors":"Khoiruddin Manahan Siregar","doi":"10.24952/ALMAQASID.V7I1.4029","DOIUrl":"https://doi.org/10.24952/ALMAQASID.V7I1.4029","url":null,"abstract":"This paper will discuss the role of the Judicial Commission in regulating the behavior of judges, so the formulation of the problem in this paper is how the role of the Judicial Commission in regulating the behavior of judges considering the position of judges in Indonesia is law enforcement officers who occupy a fairly high position in law enforcement in Indonesia. . To answer this problem, the author will use a qualitative method by searching the literature that discusses the problems above to be analyzed in order to draw conclusions. The finding in this paper is that the emergence of the Judicial Commission which is an external oversight agency makes behavior more controlled and directed in order to judge and decide in the fairest way possible to the people seeking justice.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116479328","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}
Pub Date : 2021-07-22DOI: 10.24952/ALMAQASID.V7I1.3814
U. Hasanah
Perceraian menurut ketentuan hukum nasional tidak dapat dilakukan di luar Pengadilan. Artinya bahwa perceraian dikatakan sah apabila diikrarkan di hadapan hakim Pengadilan (Pasal 39 ayat 1 UUP jo Pasal 65 UUPA jo. Pasal 115 KHI). Hal tersebut sesuai dengan prinsip dalam perundang-undangan No. 1 Tahun 1974 tentang perkawinan, yakni salah satu wujud prinsipnya adalah untuk mempersulit terjadinya perceraian. Adapun salah satu upaya untuk mewujudkan prinsip perkawinan adalah melalui Undang-Undang yang mengamanahkan kepada para hakim dalam setiap sidang perkara wajib terlebih dahulu untuk mendamaikan pasangan yang ingin bercerai. Terbukti bahwa setiap pasangan yang ingin bercerai akan melewati proses mediasi terlebih dahulu.
{"title":"METODE STIFIN SEBAGAI ALTERNATIF DALAM MENCEGAH TERJADINYA PERCERAIAN DI KOTA MEDAN","authors":"U. Hasanah","doi":"10.24952/ALMAQASID.V7I1.3814","DOIUrl":"https://doi.org/10.24952/ALMAQASID.V7I1.3814","url":null,"abstract":"Perceraian menurut ketentuan hukum nasional tidak dapat dilakukan di luar Pengadilan. Artinya bahwa perceraian dikatakan sah apabila diikrarkan di hadapan hakim Pengadilan (Pasal 39 ayat 1 UUP jo Pasal 65 UUPA jo. Pasal 115 KHI). Hal tersebut sesuai dengan prinsip dalam perundang-undangan No. 1 Tahun 1974 tentang perkawinan, yakni salah satu wujud prinsipnya adalah untuk mempersulit terjadinya perceraian. Adapun salah satu upaya untuk mewujudkan prinsip perkawinan adalah melalui Undang-Undang yang mengamanahkan kepada para hakim dalam setiap sidang perkara wajib terlebih dahulu untuk mendamaikan pasangan yang ingin bercerai. Terbukti bahwa setiap pasangan yang ingin bercerai akan melewati proses mediasi terlebih dahulu.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132388099","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}
Pub Date : 2021-07-22DOI: 10.24952/ALMAQASID.V7I1.4012
Adi Syahputra Sirait
This paper aims to analyze and explain how the implementation of the principles of justice is simple, fast and low cost in the trial of criminal acts of corruption at the Medan District Court based on the Supreme Court Decision Number 022/KMA/SK/II/2011 as lex specialis of law number 48 of the year. 2009 where the trial of corruption cases was carried out by the District Court in the Provincial Capital, the Medan District Court became the Court that examined and tried corruption cases that occurred in districts or cities in North Sumatra Province. This paper uses a normative research method with a case approach, the source of this research is information obtained from interviews conducted with prosecutors and lawyers who handle corruption cases tried at the Medan District Court, then the results of these interviews are analyzed using a doctrinal approach or legal theory. So the results of this study indicate that the corruption trial conducted at the Medan District Court on the basis of the Supreme Court's decision does not reflect the principles of a simple, fast and low-cost trial, on the grounds that the trial takes a lot of time and costs so much, plus the trial was lengthy because the defendant was sick so he had to be treated first and the trial was postponed, but the postponement of the trial had to be attended by the prosecutor and lawyers.
{"title":"ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN DALAM PERADILAN TINDAK PIDANA KORUPSI DI PENGADILAN NEGERI MEDAN","authors":"Adi Syahputra Sirait","doi":"10.24952/ALMAQASID.V7I1.4012","DOIUrl":"https://doi.org/10.24952/ALMAQASID.V7I1.4012","url":null,"abstract":"This paper aims to analyze and explain how the implementation of the principles of justice is simple, fast and low cost in the trial of criminal acts of corruption at the Medan District Court based on the Supreme Court Decision Number 022/KMA/SK/II/2011 as lex specialis of law number 48 of the year. 2009 where the trial of corruption cases was carried out by the District Court in the Provincial Capital, the Medan District Court became the Court that examined and tried corruption cases that occurred in districts or cities in North Sumatra Province. This paper uses a normative research method with a case approach, the source of this research is information obtained from interviews conducted with prosecutors and lawyers who handle corruption cases tried at the Medan District Court, then the results of these interviews are analyzed using a doctrinal approach or legal theory. So the results of this study indicate that the corruption trial conducted at the Medan District Court on the basis of the Supreme Court's decision does not reflect the principles of a simple, fast and low-cost trial, on the grounds that the trial takes a lot of time and costs so much, plus the trial was lengthy because the defendant was sick so he had to be treated first and the trial was postponed, but the postponement of the trial had to be attended by the prosecutor and lawyers.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115885687","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}
Pub Date : 2021-07-08DOI: 10.24952/ALMAQASID.V7I1.3812.G2783
Risalan Basri Harahap
Berdakwah dalam Iastilah jamaah tabligh atau (Khuruj) merupakan perjalanan dakwah dalam bilangan waktu yang lama secara istiqomah membutuhkan pengorbanan materi saja, namun immateri. Sebagai contoh, ketika seorang karkun (karyawan Alquran; istilah Bagi Anggota Jamaah Tabligh) menyambut takaza (setelah nisabnya sampai) untuk khuruj selama 40 hari, secara sistematis ia akan meninggalkan keluarga selama 40 hari tersebut, itu artinya ia harus membutuhkan pengorbanan terhadap keluarga yang ditinggalkan, yakni pembinaan dan pemeliharaan kesejahteraan keluarga dalam bentuk nafkah secara lahir maupun batin. Nafkah dalam pengertian luas tak hanya dalam bentuk materi (sandang, pangan, papan) namun juga berupa kebutuhan keluarga akan rasa kasih sayang, penghargaan, perlindungan ataupun kebutuhan biologis seorang istri dan lain sebagainya
{"title":"JAMAAH TABLIGH, SEBUAH FENOMENA ANTARA DAKWAH DAN KELUARGA","authors":"Risalan Basri Harahap","doi":"10.24952/ALMAQASID.V7I1.3812.G2783","DOIUrl":"https://doi.org/10.24952/ALMAQASID.V7I1.3812.G2783","url":null,"abstract":"Berdakwah dalam Iastilah jamaah tabligh atau (Khuruj) merupakan perjalanan dakwah dalam bilangan waktu yang lama secara istiqomah membutuhkan pengorbanan materi saja, namun immateri. Sebagai contoh, ketika seorang karkun (karyawan Alquran; istilah Bagi Anggota Jamaah Tabligh) menyambut takaza (setelah nisabnya sampai) untuk khuruj selama 40 hari, secara sistematis ia akan meninggalkan keluarga selama 40 hari tersebut, itu artinya ia harus membutuhkan pengorbanan terhadap keluarga yang ditinggalkan, yakni pembinaan dan pemeliharaan kesejahteraan keluarga dalam bentuk nafkah secara lahir maupun batin. Nafkah dalam pengertian luas tak hanya dalam bentuk materi (sandang, pangan, papan) namun juga berupa kebutuhan keluarga akan rasa kasih sayang, penghargaan, perlindungan ataupun kebutuhan biologis seorang istri dan lain sebagainya","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121495815","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}
Pub Date : 2021-04-20DOI: 10.24952/almaqasid.v6i2.3371
Muhamad Hasan Sebyar & Purnama Hidayah Harahap
This study aims to analyze the decision of the West Jakarta Religious Court judge Number 1642 / Pdt.G / 2020 / PA.JP in the case of a lawsuit on inheritance from the perspective of Qawaid Fiqiyyah. This study uses three approaches, namely a legal approach, a historical approach and a conceptual approach. The results of this study indicate that the legal reasoning used by judges in deciding 1: 1 inheritance between boys and girls is very weak. The distribution of inheritance is not only based on how much he does, but rather on the roles and obligations assumed by each. If boys want the distribution of inheritance to be divided according to Islam, then the judge should decide according to Islamic law للذكر مثل حظ األنثيين, which is 2: 1
{"title":"ANALISIS PUTUSAN HAKIM NOMOR 1642/Pdt.G/2020/PA.JP DALAM PEMBAGIAN HARTA WARIS ANTARA ANAK LAKI-LAKI DAN PEREMPUAN","authors":"Muhamad Hasan Sebyar & Purnama Hidayah Harahap","doi":"10.24952/almaqasid.v6i2.3371","DOIUrl":"https://doi.org/10.24952/almaqasid.v6i2.3371","url":null,"abstract":"This study aims to analyze the decision of the West Jakarta Religious Court judge Number 1642 / Pdt.G / 2020 / PA.JP in the case of a lawsuit on inheritance from the perspective of Qawaid Fiqiyyah. This study uses three approaches, namely a legal approach, a historical approach and a conceptual approach. The results of this study indicate that the legal reasoning used by judges in deciding 1: 1 inheritance between boys and girls is very weak. The distribution of inheritance is not only based on how much he does, but rather on the roles and obligations assumed by each. If boys want the distribution of inheritance to be divided according to Islam, then the judge should decide according to Islamic law للذكر مثل حظ األنثيين, which is 2: 1","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"69 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114444960","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}
Pub Date : 2021-04-20DOI: 10.24952/ALMAQASID.V6I2.3435
Nurhotia Harahap
Online games are now increasingly popular and are widely played by various groups. Marketing Director of SEA PUBG Mobile, Oliver Ye stated that Indonesia is in the second position of active PUBG players at the international level. WHO has also included gaming disorder in the 11th Revision of the International Classification of Diseases (ICD-11). From a health aspect, online gaming causes a decrease in front brain waves which results in decreased ability to control emotions. So that it will cause mood changes quickly, irritability, difficulty concentrating, damage the eyes, and so on. Even economically, online games have the potential to plunge players into bankruptcy. It is not uncommon for a fractured household to lead to divorce as a threat.
{"title":"TINDAK PIDANA JUAL BELI GAME ONLINE DI MASA PANDEMI","authors":"Nurhotia Harahap","doi":"10.24952/ALMAQASID.V6I2.3435","DOIUrl":"https://doi.org/10.24952/ALMAQASID.V6I2.3435","url":null,"abstract":"Online games are now increasingly popular and are widely played by various groups. Marketing Director of SEA PUBG Mobile, Oliver Ye stated that Indonesia is in the second position of active PUBG players at the international level. WHO has also included gaming disorder in the 11th Revision of the International Classification of Diseases (ICD-11). From a health aspect, online gaming causes a decrease in front brain waves which results in decreased ability to control emotions. So that it will cause mood changes quickly, irritability, difficulty concentrating, damage the eyes, and so on. Even economically, online games have the potential to plunge players into bankruptcy. It is not uncommon for a fractured household to lead to divorce as a threat.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125737940","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}
Pub Date : 2021-04-20DOI: 10.24952/ALMAQASID.V6I2.3460
Puji Kurniawan
This paper presents the results of elder research that the winning strategy is carried out using a kinship approach. This pair of candidates also conducted a survey or mapping of the indicators or criteria of a candidate for Mayor who was wanted by the people of Padangsidimpuan City, established a winning post in every sub-district in Padangsidimpuan City, formed a campaign team and winning team, and carried out an open campaign strategy which was held on June 23. 2018 at HM Nurdin Stadium. Supporting factors are the capacity, capability, quality and competence of the candidates for Mayor and Deputy Mayor, the vision and mission of the candidate pairs for Mayor and Deputy Mayor, expectations from the community for change and there are several excellent programs targeted by this pair of candidates Meanwhile, the inhibiting factor is competition to win the hearts of people and people who still think apathetic and lack insight.
{"title":"STRATEGI POLITIK PEMILIHAN KEPALA DAERAH : STUDI TERHADAP PEMILIHAN WALI KOTA PADANGSIDIMPUAN TAHUN 2018","authors":"Puji Kurniawan","doi":"10.24952/ALMAQASID.V6I2.3460","DOIUrl":"https://doi.org/10.24952/ALMAQASID.V6I2.3460","url":null,"abstract":"This paper presents the results of elder research that the winning strategy is carried out using a kinship approach. This pair of candidates also conducted a survey or mapping of the indicators or criteria of a candidate for Mayor who was wanted by the people of Padangsidimpuan City, established a winning post in every sub-district in Padangsidimpuan City, formed a campaign team and winning team, and carried out an open campaign strategy which was held on June 23. 2018 at HM Nurdin Stadium. Supporting factors are the capacity, capability, quality and competence of the candidates for Mayor and Deputy Mayor, the vision and mission of the candidate pairs for Mayor and Deputy Mayor, expectations from the community for change and there are several excellent programs targeted by this pair of candidates Meanwhile, the inhibiting factor is competition to win the hearts of people and people who still think apathetic and lack insight.","PeriodicalId":438241,"journal":{"name":"Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130817722","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}
Pub Date : 2021-04-20DOI: 10.24952/ALMAQASID.V6I2.3432
Risalan Basri Harahap
Nusyuz is a conception of classical law of the past, what we inherit not only as part of the Islamic thought tradition has even been codified as a standard rule of law. This is reflected in the existence of several rights of the husband in cracking down on the wife who is oblivious without clear boundaries. Whereas for the wife almost has no room to defend themselves and their rights before the law in a balanced manner. Therefore, in this study as well as legal research in general, the approach used is doctrinal research in order to find the principle or doctrine of positive law that applies in relation to the problem under study, in the form of opinions and ideas from legal experts regarding boundaries. the limitation of the husband's right to treat his wife who is infamous. Then describe it in general, classify it and analyze it critically using inductive reasoning. This is because in every discussion of the issue of nusyuznya the wife often forgets the basic principle or principle as a parameter in granting restrictions on the rights and authority of the husband over the wife. Like the principle of the pattern of relations between husband and wife in Islam, the purpose of sanctions and also in seeing the legal substance of the actions of Nusyuz itself, both in terms of quality, quantity and things that trigger the problem. Nusyuz's legal issues often have a negative impact on the position of women, and can even be one of the triggers of violence against them.
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