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Jurnal Ilmiah Al-Syir'ah
Published by Institut Agama Islam Negeri Manado
ISSN : 16934202     EISSN : 25280368     DOI : -
Core Subject : Education, Social,
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Al-Syir'ah, with registered number ISSN 1693-4202 (Print), ISSN 2528-0368 (Online) is a peer-reviewed journal published twice a year in June and December by Faculty of Sharia, State Islamic Institute of Religious Affairs (IAIN) Manado. Jurnal Ilmiah Al-Syir'ah is a Communication Media between Sharia and Law Scholars (Law, Islamic Law, Sharia Economic Law and Social Society). Jurnal Ilmiah Al-Syir'ah invites enthusiasts and experts in Islamic Law and Legal Sciences to write or disseminate research results relating to Sharia and Law issues.
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Vol 14, No 1 (2016)" : 5 Documents clear
KEWARISAN BILATERAL ANTARA AHLI WARIS YANG BERBEDA AGAMA DALAM HUKUM PERDATA DAN KOMPILASI HUKUM ISLAM Ridwan Jamal
Jurnal Ilmiah Al-Syir'ah Vol 14, No 1 (2016)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (79.94 KB) | DOI: 10.30984/as.v14i1.312

Abstract

The inheritance in Indonesia commonly uses different law bases, such as civil law, Islamic law, and customary law. Due to religious plurality, the system of inheritance, particularly for those who have different religious background, becomes problematic. This paper will examine how the bilateral inheritance system works in the case of heirs who have different religious beliefs both in civil law and Islamic Law Compilation (KHI) from their testators. It seeks to know and understand the rules and the regulations of how to properly manage rights and obligations of testators and heirs who have different religious beliefs. The Civil law and KHI have different perspectives for this case. The civil law can accommodate the inheritance for those having different religious backgrounds in which the heirs can accept their own rights based on paternal or maternal kinship. The KHI, on other hand, emphasizes that differences in religion can prevent the testator and the heir from inheriting each other. The KHI also stresses that the heirs deserve for the heirdom if they profess Islam before the testators pass away. In other words, the KHI offers a guidance that the similarity of religious belief is the very condition to inherit each other.Keywords: inheritance, different religious background, civil law, Islamic Law Compilation (KHI).
MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM Masthuriyah Sa’dan
Jurnal Ilmiah Al-Syir'ah Vol 14, No 1 (2016)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (133.158 KB) | DOI: 10.30984/as.v14i1.308

Abstract

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.
PENGARUH BUDAYA HUKUM TERHADAP PEMBANGUNAN HUKUM GOOD GOVERNANCE DI INDONESIA Sryani Br Ginting
Jurnal Ilmiah Al-Syir'ah Vol 14, No 1 (2016)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (100.48 KB) | DOI: 10.30984/as.v14i1.309

Abstract

Constitutionally, rule of law is recognized in Indonesia. It means recognition of the law enforcement. Law is part of the community. Therefore, there is a term law community. The existence of law in Indonesia that can be encountered in daily life in the era of post-reform differs from that of the New Order (ORBA), either in positive or negative terms. Development continues to be implemented, as a process of change that is planned, to reach various aspects of the Indonesian community. One form of development is law development, which is also intrinsically related to other life aspects of similar social phenomena.In Indonesian society, where culture and social structure is complex, law serves more as a means of societal revival that grows from the community members who have power and authority, which may reflect the interests of the general public. Thus, the good governance project occurred, representing the Indonesian government's commitment to realize equitable and fair prosperity for all people, even for those in remote areas. This government effort led by the President, Mr. Joko Widodo, is not an easy task. President cannot work alone without cabinet ministers. The same is true for the central government. They cannot work without local government support. Therefore, the government cannot work without people or community participation in their endeavor to create an equitable and just society.The fundamental problem in Indonesia is a legal culture that has not operated well. Legal conditions that exist today are local and central authorities are being caught for bribery case, corruption, etc. When thought deeper, it appears that the Indonesian law culture is not good enough. Development in all aspects of life, it can be said, has not managed to produce good governance.Keywords: Legal culture, development of law, good governance.
PERADILAN MASA BANI ABBASIYAH frangky Suleman
Jurnal Ilmiah Al-Syir'ah Vol 14, No 1 (2016)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (67.679 KB) | DOI: 10.30984/as.v14i1.310

Abstract

The judiciary (al-Qadha) is well-known from time immemorial up to the present time. Driven by the need and the welfare of human life, judiciary is something inevitable to exist. It is one of the prerequisites to the establishment of a government in order to resolve disputes between citizens. No political sovereignty in the world, whatever its form, will stand without justice enforcement. Keyword: Al-Qadha, Abbasiyah
PENERAPAN AKAD IJARAH PADA PRODUK RAHN DI CABANG PEGADAIAN SYARIAH ISTIQLAL MANADO Rosdalina Bukido; Faradila Hasan
Jurnal Ilmiah Al-Syir'ah Vol 14, No 1 (2016)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (170.19 KB) | DOI: 10.30984/as.v14i1.311

Abstract

Product practices in Islamic Financial Institutions (LKS) have so far attracted specialattention, especially on the application of the contract. The fundamental differencesbetween the LKS and the conventional financial institutions are contracts/agreementsbefore making financial transactions. Many conducted research on the application ofthe LKS contracts. Some contracts madeby LKS on its products so farhave notcomplied withthesharia provisions. The basic rule refers to thefatwa (religiousadvisory opinions) of the National Sharia Board and the Council of IndonesianUlema (DSN-MUI). One of them is DSN-MUI fatwa No. 25 of 2002 concerningrahn. In addition to rahn, this fatwa also explains rules concerning the contract ofijara. Pawnshopsthat apply sharia principles in their products haveintroducedrahnproducts based on this the fatwa. Therefore, systematic research on the application ofthe ijara contract onrahn products is necessary.Keywords: ijara , rahn, DSN-MUI, sharia pawhshop.

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