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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 8 Documents
 1 
Search results for , issue "Vol 19, No 1 (2021)" : 8 Documents clear
The Radicalism Prevention Policy in State Islamic Religious Universities in South Sulawesi: An Overview of Maqasid Syari'ah Lukman Arake; Ismail Keri; Syawaluddin Hanafi
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1180

Abstract

 This study aims to raise the perspective of Islamic law on the policy of preventing radicalism at PTKIN in South Sulawesi, which is by dharuriyyat al-khamsah in maqasid shari'ah. This research is qualitative research with a maqasid sharia approach with data collection methods obtained through documentation and interviews. The results of this study found that; First, The stipulation of the Chancellor's Decree regarding the ethics committee and appointing several lecturers from the leadership element, as well as the involvement of senior lecturers providing an understanding of peace and Islam as a religion of rahmatan lilalamin, then supervising academic activities, having strict, active, and consistent duties in carrying out ethics committee sessions, considered capable of preventing radically oriented behaviour. Second, build the image of the campus as a centre for Islamic studies and Bugis culture. Third, to provide room for discussion, both through seminars and face-to-face, especially with students exposed to radicalism. Fourth, make a study of Religious Deradicalization, which aims to prevent radicalism and strengthen religious moderation. When viewed from the perspective of maqaṣhid shari'ah, some of these efforts in preventing radicalism in several PTKIN in South Sulawesi are very important to determine as the main factor in efforts to deradicalize religion and also religious moderation. As relevant to the values of maqaṣhid shari'ah, which uses some of its features, namely universality, the interplay of hierarchies, and openness (freedom of the academic pulpit).
Legal Analysis Towards Mining in North Sulawesi Post the Implementation of Law Number 3 Year 2020 Hasyim Sofyan Lahilote
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1406

Abstract

The issuance of Law No. 3 of 2020 as an amendment to Law No. 4 of 2009 concerning Mineral and Coal Mining, has changed the supervisory mechanism for the implementation of mineral and coal mining in the regions. This study aimed at analyzing the legal mining exploration in the regions associated with the principle of decentralization based on regional autonomy. The method used in this study is empirical juridical, and the results obtained illustrate that the issuance of the new mineral and coal law will cause a minimum role for local governments, both provincial, district and/or city in monitoring mining in the regions, especially in terms of mining exploration. It is because the monitoring system for mining exploration becomes centralized and effects on reducing regional revenue potential.
Implementation of the Application of Multi Akad Murabahah and Rahn in the Mulia Metal Products in the Sharia Pawnshops City of Singkawang Islamic Law Perspective Zarul Arifin; Hatoli Hatoli
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1190

Abstract

The juridical operation of any sharia-based financial institution must refer to the DSN-MUI fatwa, including the multi-contract issue or better known as a hybrid contract, where has mandated by Law No. 21 of 2008 concerning Islamic Banking Article 26 paragraph (2). Two multi-contracts are permitted by the DSN-MUI in the fatwa, namely Fatwa No. 71 of 2008 concerning Sale and Lease Back and Fatwa No. 72 Years. 2008 on Ijarah Sale and Back. However, PT. Pegadaian (Persero) Alianyang Singkawang Sharia Service Unit has carried out multiple contracts (murabahah and Rahn) since the last 6 (six) years on Murabahah Logam Mulia Abadi Investment (MULIA) products for non-cash Financing of gold. There is no fatwa from DSN- MUI, so that raises doubts about the guarantee of the quality of the product. So it is essential to study how the MULIA product contract system uses the murabahah and Rahn contracts from the perspective of sharia economic law. This research is descriptive qualitative research that deepens by conducting direct interviews with the parties involved in implementing multi-murabahah and Rahn contracts. This research completed in 2019. The sources of data in this study are the leadership and staff at the Singkawang sharia pawnshop, then customers who use multi-contract product services at the Singkawang sharia pawnshop. The results of the study concluded that the application of multi-murabahah and Rahn contracts on precious metal products at PT. Pegadaian (Persero) Alianyang Singkawang Sharia Service Unit, as stipulated in Law No. 21 of 2008 concerning sharia banking, has been implemented on this product. Therefore, in the view of sharia economic law, it is permissible and justified because the system refers to the DSN-MUI fatwa No. 92 of 2014 concerning Financing that accompanied by Rahn and becomes the basis for the use of multiple contracts.
Existence of Marriage Agreements in Islam Development Studies in the Community of Malay Border Indonesia-Malaysia Asman Asman; Marilang Marilang; Kurniati Kurniati
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1256

Abstract

This article explains how the Existence of the Marriage Agreement in the Sambas Community of the Indonesia-Malaysia Border. Based on the pros and cons of the Sambas Malay Society, especially about the marriage agreement regarding taklik talak as a marriage agreement in Islam. With qualitative research methods that are phenomenological observations in the field, the author wants to describe how the existence of divorce taklik talak as a marriage agreement in Islam itself and its practice in the Sambas Malay Community and the reasons for the pros and cons of religious leaders. Almost every prospective husband and wife in marriage to the Sambas Malay Community does not say sighat taklik talak by the husband to his wife after the ijab qobul consent. Sighat taklik talak only knowing that it has been written or listed in a marriage book without being notified to the husband and wife. Although divorce taklik talak has written in the marriage certificate is not an obligation to say. Still, once taklik talak has said, the taklik talak cannot be revoked again. If an agreement with a husband and wife did not fulfil by one of the parties, then the other party has the right to submit the matter to the Religious Court to resolve it. The study concludes that the pros and cons of divorce taklik talak as a marriage agreement in Islam cause a lack of knowledge about Marriage Law Number 1 of 1974 article 29 regarding marriage agreements and the Compilation of Islamic Law (KHI) Article 46 concerning taklik talak. And the lack of socialization of related parties from KUA through religious counsellors and BP4 in Sambas.
The Role of Modern Observation in Understanding the Beginning of the Hijri Month Frangky Suleman; Djamila Usup
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1128

Abstract

This study aims to observe the determination of the beginning of the Hijri month in the implementation of Islamic holidays and contribute to modern society. The implementation of this research uses phenomenological methods and scientific approach methods, where both methods will combine several conjunction theories that occur with the results of observations. The Ministry of Religion of the Republic of Indonesia made observations with several criteria used from observations in 1970 with the height of the new moon 2°, the elongation distance between the moon and the sun reaching 3° is the distance between the moon and the sun. The age of the sun and moon when it reaches 8 hours from ijtima. The results found are that for now, with light pollution, the new moon, an object, cannot reach a height of < 2° because the parameter in determining the image of the crescent moon is the object in the form of a thin and dim line. It is concluded that the observation of the new moon with a height of < 2° could not observe, either by using tools or with the naked eye. So science is the solution to understand the theory and implementation of determining the beginning of the Hijri month.
Study on the Causes of Inaccuracy of Qibla Direction of the Great Mosque Baitul Makmur West Aceh Riza Afrian Mustaqim; Reza Akbar
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1315

Abstract

The accuracy of the Qibla direction at the Baitul Makmur Great Mosque in West Aceh cannot tolerate. The reason is that the value of deviation is so high that it does not face ainul ka'bah or even jihatul ka'bah. This Qiblah direction is not by the minimum limit of tolerance for the variation of the Qibla direction and is not by the Islamic legal status. This study examines the causes of the inaccuracy of the Qibla of the Great Mosque of Baitul Makmur Meulaboh West Aceh, namely the lack of role of figures and efforts to maintain the architecture of the mosque building. This research belongs to qualitative field research, by verifying the direction of the Qiblah with the rashdul qibla method and google earth observation to explore causes of inaccuracy. Interview techniques are also used to obtain in-depth field data. The analysis technique used is descriptive analysis. This study indicates that the inaccuracy of the Qibla direction of the Baitul Makmur Great Mosque in West Aceh is inseparable from the minor role of religious figures and leaders at the beginning of the Mosque's construction. Until now, the direction of the Mosque's Qiblah is still parallel to the mihrab. Renovations were also not carried out because of maintaining the architecture of the mosque building. Renovation of the mosque building to calibrate the Qibla direction would reduce the aesthetics of the mosque building.
The Application of Article 53 of KHI (Islamic Law Compilation) Regarding Pregnant Marriage in Lottery Marriage Neng Eri Sofiana; Muhammad Ismail Sunni
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1453

Abstract

Pregnant marriagebecomes a phenomenon that is still happening in Indonesia and is even one of the most significant contributors to the reason for the dispensation of marriage. In Parangdistrict, Magetan Regency, pregnant marriage is also one of the solutionsfor a case in which many women get pregnant without a legal marriage. Pregnancies were not initiated from sexual intercourse between a man and a woman but were carried out by many men, so the model of determination was by lottery. Furthermore, this article will analyze the pregnant woman who is married to a man who does not impregnate her and the child's status according to article 53 of KHI. In article 53 KHI, no line explicitly explains the permissibility or prohibition of a pregnant woman to marry a man who does not impregnate her. Still, many interpret that this is not allowed.Meanwhile, a legitimate child in KHI is a child born during a legal bond. So, when DNA testing proof or the like is not done to see the legality of the child, then this child is still considered a legitimate child by both of them because they were born in a marriage bond. In sum, a pregnant marriage in a lottery marriage with a man who does not impregnate the woman has many sides of ambiguity. So, there must be a revision of article 53 and article 99 of KHI.
The Lifestyle and Halal Industry Methods with Local Culture: Study of Tourism and Halal Products in Nusa Tenggara Timur 2020 Ahmad Bahiej; Makhrus Munajat; Diky Faqih Maulana
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1210

Abstract

The development of the tourism industry based on sharia principles has begun to attract the attention of Muslim tourists in various regions, so it needs to manage seriously and professionally. For example, in Labuan Bajo, Nusa Tenggara Timur is designated one of the four priority tourist destinations. So it is necessary to pay attention to the phenomenon that continues to develop at this time both at the local and global level, which makes halal tourism destinations a new alternative for the Muslim community to travel. This research is qualitative research with field studies and uses a legal and juridical sociology approach. By referring to several methods for conducting ijtihad, both individually and collectively, as is done by DSN-MUI with the concept of maslahah mursalah, istihsan or 'urf. The results of the study state that halal tourism is a development that cannot deny. This new concept has a benchmark as stated by the DSN-MUI with the principle of the United Nations provisions. Tourists in halal tourism not limited by differences in ethnicity, religion, race, and between groups. If there are restrictions, it is counterproductive or contrary to the essential nature of Islamic teachings that oriented to rahmatan lil 'alamin. So the halal tourism industry is an expression of the teachings of rahmatan lil 'alamin and a vehicle for friendship between people who are different in various aspects. It hope that halal tourism can develop to meet the needs of Muslim tourists so that they do not only visit conventional tourism, thus creating benefits.

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