FIQH MAQASHID AL-KHITHAB: MUHAWALAT AL-'UTHUR 'ALA MAFHUM AL-MUSAWAH FI-SYAHADAT RAJUL WA-IMRAATAYN

This article examines the problem of the diversity of interpretations of the testimony of two women equal to the testimony of one man in surah Al-Baqarah, verse 282. A number of interpretations that have surfaced use the hujjah, naqliy or aqliy, to reinforce the view that the testimony of two women is equal to one man. Some even return it to the verse of ta'abbudiy (unthinkable), so it does not open alternative interpretations because the verse is understood as final. By using the concept of "Fiqh Maqashid al-Khithab" as an ethical concept to understand the definition and meaning of the verses in a more equal, this article examines the discussions about the interpretation of the verses of "two women and one man".The result show that based on summarized from various treasures the book of commentaries on the Qur'an, classic and contemporary the intrepetation has various meaning about the concept of ta'abbudiy (unthinkable)This article examines the problem of the diversity of interpretations of the testimony of two women equal to the testimony of one man in surah Al-Baqarah, verse 282. A number of interpretations that have surfaced use the hujjah, naqliy or aqliy, to reinforce the view that the testimony of two women is equal to one man. Some even return it to the verse of ta'abbudiy (unthinkable), so it does not open alternative interpretations because the verse is understood as final. By using the concept of "Fiqh Maqashid al-Khithab" as an ethical concept to understand the definition and meaning of the verses in a more equal, this article examines the discussions about the interpretation of the verses of "two women and one man".The result show that based on summarized from various treasures the book of commentaries on the Qur'an, classic and contemporary the intrepetation has various meaning about the concept of ta'abbudiy (unthinkable).

MAQASHID SYARIAH DAN PRAKTIK SISTEM PRESIDENTIAL THRESHOLD DI INDONESIA:

This study aims to determine the presidential threshold system in the 2019 simultaneous elections in terms of the perspective of the maqasid shariah. The implementation of the Presidential threshold in the 2019 concurrent elections, the level of benefit and interpretations, including in the dharuriyyah. aspects. The enactment shows that there is a positive and negative impact, but the election must be continued. This is very important because it involves all aspects of the lives of Indonesian citizens, both in terms of security, protection, religion, culture, economy, law, politics and so on. Then also, the implementation of the Presidential threshold system in the 2019 simultaneous elections, the scope of benefits arising into the category of maqashid al-‘Ammah (General maqashid) which is a maqashid which covers all problems contained in the behavior of tashri’ 'which are universal such as justice, equality, tolerance, convenience and others, although it was rarely discussed and raised at the research level.

PENGARUH SERTIFIKAT HAK ATAS TANAH SEBAGAI ALAT BUKTI DALAM MENCAPAI KEPASTIAN HUKUM

This article discusses legal certainty as one of the objectives of Law No. 5 of 1960 concerning Agrarian (Undang-Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria) Principles and the influence of land rights certificates as a strong means of proof of land registration. The provision of guarantees of legal certainty to holders of land rights is accommodated in Law Number 5 of 1960 concerning Agrarian Principles and further regulated in Government Regulation Number 24 of 1997 concerning Land Registration (Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah). Using a normative legal view, this article refers to regulations on agrarian. The discussion of the article looks at the role of the government in providing opportunities for all citizens to register land with the aim of obtaining legal certainty and minimizing disputes. This article looks at the purpose of issuing certificates in land registration activities so that right-holders can easily prove that they are the right-holders. This is done so that rights holders can obtain legal certainty and legal protection. However, the land rights certificate issued is considered to be still lacking in minimizing disputes and it is assumed that it has not affected the land rights owners to protect their rights.

HUKUM ISLAM MASA KESULTANAN DELI:

Islamic legal discourse on a practical level is often understood to be limited to the problem of istinbāt, fiqh or ushul fiqh. There is a challenge to expand it to include philosophy, normative and empirical cases. Study of manuscript is one of the related by that studies. This article presents Tanqīh al-Zunūn ‘an Masā'il al-Maimūn by Shaykh Hasan Maksum as an identifier of the political and social links to Islamic legal in the Deli Sultanate. From this it was found that the sultanate had a stake in the determination of the law as well as the role of the ulama in maintaining the attitude as a speaker of legal provisions. There are seven legal issues that are discussed normatively, and they originate from the existence of arguments in the community. This manuscript not just addition Islamic legal in the Deli Sultanate, it also showed the authority of Shaykh Hasan Maksum as a 'brilliant star' scholar in legal matters, although it was rarely discussed and raised at the research level.

KEABSAHAN NIKAH SIRI DALAM PERSPEKTIF MASLAHAH

This study focus on exploring maslahah of the marriage registration for nikah siri. Based on the result, first; the goverment used maslahah approacj to determine the marriage registration as one of the marriage requirements. therefore, the unregistered marriages will be punished as the illegal one. Nowdays, the marriage registration had become the publication to justify the legality of someone's marriage, as well as to protect their right and obligation such as the protection of their offspring, property, life and so on. second, marriage registration cannot be negotiated to be undone by providing legal certainty through the revision of law No. 1 of 1974. This study recomended that every nikah siri should be register to the KUA to obtain their marriage legality from the government.

TELAAH KRITIS METODE HISAB PENENTUAN AWAL RAMADHAN PENGIKUT HABIB SEUNAGAN NAGAN RAYA-ACEH.

This journal explains about the Habib Seunagan followers’ calculation method of the beginning of Ramadan’s determination and normative review of the practice of determining the beginning of Ramadan which has been used to date. The result of the research can be explained that Habib Seunagan’s followers use hisab ‘urfi khumasi (not hisab hakiki taqribi) that has been modified from the original method by adding abstinence day before the beginning of Ramadan fasting on Wednesday and Friday to begin Ramadan fasting. Normatively, after considering the legal basis from Alquran, Hadist, and fatwa ulama about the beginning of Ramadan’s determination, then the Habib Seunagan followers’ practice of determining the beginning of Ramadan based on hisab ‘urfi khumasi is not in accordance with the provisions of the law, considering that when starting Ramadan fasting, the essence is still on the 28th or the 29th of Sya’ban based on hisab hakiki tarqibi and can be proven by the sight of the old crescent in the eastern horizon before sunrise on the first day of the Habib Seunagan followers’ Ramadan fasting.

MENILAI KESESUAIAN QANUN KOMISI KEBENARAN DAN REKONSILIASI ACEH DENGAN ASAS-ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

This research aim to analyze of parity between the Qanun of Aceh Truth and Reconcialiation Commission and the Law Number 12 Year 2011 on the Law-making Process.The conclusion of this research is establishment of the Qanun of Aceh Truth and Reconciliation Commission seems has trouble with the Law-making Process Principles, specifically on clarity of formulation, hierarchical types and material substances. Furthermore, this situation was leading motive prompting people who are harmed to initiate judicial review

KEBERANJAKAN FATWA DARI LEGAL OPINION MENJADI LEGAL BINDING: (Studi Kasus Fatwa DSN MUI Tentang Perbankan Syariah)

The basic concept of fatwa in its position of binding law is legal opinion in Indonesia. But in certain cases fatwa has a legal binding which is must be obeyed by people. This article demonstrate how fatwa has a legal binding in the context of Indonesia. The objects of research specifically is banking sharia act in which it is said Islamic economy activities must be appropriate with the fatwa of national sharia council. As concluding remark, this article show the development of fatwa from legal opinion to legal binding through the constitution as represent by sharia banking act.

MEMBACA ULANG TEKS AL-QURAN DALAM PERSPEKTIF FEMINISME SERTA PENGARUHNYA TERHADAP AKSES KEADILAN SOSIAL DI INDONESIA

This article examines the influence of feminist discourse through the contextual approach of the holy book (Qur'an) and its influence on access to social justice. The main argument of this article states the contextualization of feminist discourse in Islam by re-reading the verses of the Qur’an which leds misogynistic in practice experiencing complexity and difficult paths. Using a feminine perspective, this article traces the interpretation of the Qur'anic text and the hadiths are detrimental to women. Therefore, "locality" is a consideration because women cannot be seen as one or monolithic. For this reason, a "locality" methodology meeting is needed in seeing the struggle of feminism in revising the authority of interpretation in an effort to make feminist studies a policy study, especially for and for the empowerment of marginal people in various parts of the world.

WANITA DAN KEADILAN: MENAKAR KEADILAN POLIGAMI DALAM NOVEL ATHIRAH

this paper will be explained about how family justice the polygamy based on the gender perspective, which has interpreted through the Athirahh novel. Considering that in this novel tells about the conflict in the polygamous family life carried out by Haji Kalla. Therefore the contributions of this research are: Firstly, the gender justice concept: marriage commitment and relation. The impartiality for a polygamous family is quiet difficult because of the balance of a polygamous family it is not only about the living sharing but also the feeling sharing. There might be a polygamy justice if the couple has a commitment to remain for the couple and maintain the marriage even though there are those who getting hurt because of that polygamy. Secondly, as told in the Athirahh novel, the figure of the woman who was hurt because of the polygamy had been done by her husband, but she was able to manage her mental and keep her good behavior in front of her husband and her children, so that was why the marriage commitment was maintained. But there was an inequality in the relation and the task division because Haji Kalla spent his time with his new wife more than the old one. Athirah had to has burden more because of it. In addition to keep her family, she also had to work for them.