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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
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Search results for , issue "Vol 15, No 2 (2017)" : 5 Documents clear
Karakteristik dan Pendekatan Aspek Sosial Hukum Islam Mudassir Mudassir; Edi Gunawan
Jurnal Ilmiah Al-Syir'ah Vol 15, No 2 (2017)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (625.542 KB) | DOI: 10.30984/as.v15i2.477

Abstract

This article is a conceptual study of the characteristics and approaches of social aspects of Islamic law. This study is important because Islamic law encompasses various dimensions, namely the abstract dimension, in the form of all the commandments and the prohibitions of Allah and His Messenger, and the concrete dimension, in the form of behavior that is steady among Muslims as an effort to do the command of Allah and His Messenger, In addition, Islamic law also includes substances that are internalized into various social institutions. Therefore, the study of the social aspects approaches in Islamic law is very important. Islamic law has a character, namely rabbaniyah, syumul, al-wasthiyah, and insanity. There are several methods of Islamic law enforcement conducted by aspects of the social approach, especially in Indonesia, namely the establishment of Islamic law through fiqh, the establishment of Islamic law through the law, the establishment of Islamic law through jurisprudence, and the affirmation of Islamic law through fatwas.
Resolusi Konflik Perkawinan Melalui Mediasi Dalam Perkara Perceraian Di Pengadilan Agama Manado Ridwan Jamal
Jurnal Ilmiah Al-Syir'ah Vol 15, No 2 (2017)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (439.295 KB) | DOI: 10.30984/as.v15i2.478

Abstract

This research aims to (1) describe and explore the implementation of marital conflict resolution through mediation in divorce cases in Manado Religious Courts, (2) to describe and explore the model of marriage conflict resolution through mediation in divorce cases in Religious Court of Manado, and (3) to describe and explanate the factors that become the obstacle of failure of marriage conflict resolution through mediation in divorce case in Religious Court of Manado. This research is a case study that is descriptive qualitative. This research was conducted in Manado city with the object of research is the office of Religious Court of Manado. The research informant is the leader of the Chairman and Vice Chairman of the Religious Court of Manado, the mediator (profession) on the implementation of mediation of divorce dispute, and the judge at the office of Manado Religious Court numbering 4 judges. The research data was collected by observation, interview, and documentation. The collected data is analyzed by flow model. The findings of the research indicate that (1) the implementation of marriage conflict resolution through mediation in divorce cases in Manado Religion Court is conducted by following the judicial regulations as stipulated in Supreme Court regulation concerning mediation procedure in religious court with pramediation, mediation and postmediation stage, (2) model The confirmation by the parties is mediated by the mediator of the judge, while the non-judicial mediator has not been practiced, and (3) the constraints to the failure of the marriage conflict resolution through mediation in the divorce case in the Manado Religion Court are divided into two main factors: (1) the general factors of the law, the additional factor of the number of judges, the factor of society is the low level of public knowledge, the lack of mediation facilities and infrastructure, and the cultural factors, and (2) the plaintiff factor, the mediator, the mediation atmosphere, and the litigants.
Proses Peradilan Dan Arti Sebuah Keyakinan Hakim dalam Memutus Suatu Perkara Di Pengadilan Agama Manado Nurlaila Harun
Jurnal Ilmiah Al-Syir'ah Vol 15, No 2 (2017)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (516.904 KB) | DOI: 10.30984/as.v15i2.479

Abstract

The judicial process and the meaning of a Judge's belief in carrying out the functions and authority of the judiciary to enforce law and justice, through its verdict it is desirable that the Judge is able to apply the right and fair law, can provide education and lessons to the litigants and the community, give corrections firmly, repressively assert, can fabricate the future society order, and must be able to play a role in reconciling the litigants, who in doing these roles stick to the Code of Conduct and the Judicial Code of Conduct for Judges That Judges may participate in legal, either through the actualization of the existence of self in the midst of society, and by seeing the existence of himself as law enforcement officers. The judge should not take the wrong decision, so the innocent defendant must be sentenced, or the accused is actually guilty but released. However, according to the author, the judge should not hesitate to be convinced in making a decision in a decision and the decision may take the form of free judgment, the independent verdict of all charges, and sentence or punishment for the defendant.
Pengaruh Teori Berlakunya Hukum Islam Terhadap Pelaksanaan Peradilan Agama Di Indonesia Edi Gunawan
Jurnal Ilmiah Al-Syir'ah Vol 15, No 2 (2017)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (665.011 KB) | DOI: 10.30984/as.v15i2.475

Abstract

The theories of Islamic law provide a very big influence on the implementation of religious courts in Indonesia. This influence began to take place in the era of reception in complexion, by enacting full Islamic law against Muslims, as a consequence of the belief of embracing Islam. After the independence of Indonesia, Islamic law began to apply nationally, it is evidenced by the recognition and establishment of a judicial institution that specifically handles matters relating to Islamic law as stipulated in Law no. 48 of 2009 on Judicial Power and Law no. 50 of 2009 on Religious Courts. Therefore, there is a wide range of opportunities for the Islamic legal system to enrich the treasures of Islamic legal traditions in Indonesia through the reform and establishment of new laws based on Islamic law applicable in national law.
Urgensi Wakaf Produktif Dalam Pembangunan Ekonomi Masyarakat Dewi Sri Indriati
Jurnal Ilmiah Al-Syir'ah Vol 15, No 2 (2017)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (848.227 KB) | DOI: 10.30984/as.v15i2.476

Abstract

Strategies that can be developed to empower this productive zakat, ranging from legal products to building networks in the form of productive investment partnerships. One is money endowments that can open up unique opportunities to create investments to provide religious services, educational services, and social services. Nazhir has an important role in managing endowments property in accordance with what is desired by the endowments and can be benefited by the community then Nazhir must have programs work both short-term programs and long-term programs. In order to develop endowments productively, the government established Badan Wakaf Indonesia (BWI) which has the purpose to coordinate with Nazhir and the development of national and international endowments management. The medium and long-term program is to develop existing Nazhir institutions to be more credible (professional and trustworthy) so the institutions should be directed, nurtured and given stimulus (stimulus) so that the endowments property can be developed productively.

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