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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
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Search results for , issue "Vol 19, No 2 (2021)" : 8 Documents clear
Positive Transformation of Islamic Law in Local Wisdom in the Sultan of Tidore Harun Ginoni; Fauzan Hanafi; Nur Azizah Rahman
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1479

Abstract

Tidore is one of the Islamic Sultanates in the archipelago which applies Islamic Law positively from 1495 until the joining of Tidore into the lap of the Republic of Indonesia. Islamic law in the Tidore Sultanate is no longer applied as positive law but has become a value that lives with the customs of the people of the Tidore Sultanate. This research focuses on examining the transformation of the Islamic law that once prevailed in the Tidore sultanate into values, principles, and philosophies that live in the Tidore community. This research was built with a qualitative research type with a socio-historical approach involving traditional and religious leaders as resource persons and a study of the existing "Kie Se Kolano" regulatory text so that it is expected to produce an accurate picture of the object under study. This research is expected to provide conceptual ideas in building awareness that Islamic law has actually become the volkgeist (soul of the Nation) for the Indonesian people, especially for the Tidore community, especially the younger generation who are currently being bombarded with various information that may be able to keep the younger generation away from the soul. His Nation.
Legal Construction of the Buginese Understanding Muhammad Yusuf; Ismail Suardi Wekke; Afandi Salleh; Rosdalina Bukido
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1530

Abstract

This article investigates the relevance of values of Bugis culture dan Muslim Scholars' views in Bugis Quranic exegesis by MUI of South Sulawesi. This research uses a content analysis approach to the Bugis Quranic exegesis. Bugis Muslims scholars' views about women's rights (opportunity) to be public leaders, iddah, and inheritance distribution are relevant to core values of Bugis culture and local wisdom of Bugis people. To be public leaders, women never mind as long as they fulfill qualitative and functional criteria. In household affairs, a married couple is a partnership where both have responded to do together. 'Iddah stress to religious principle and culture of siri' (self-respect), paccing (purity), asitinajang (fairness).  Inheritance distribution does relate to the right and responsibility to realize equality and justice. Muslim scholars' of Bugis have the expertise to deliver values of Bugis culture, and explanatory is not only explicitly, but also implicitly and inherently. The Quran and local wisdom are two values integrated into giving solutions to people. Therefore, the integration between local wisdom relevant to the teachings of Islam (the Koran) undertaken by the ulama will undoubtedly be more effective.
Implementation of Regulation Number 25 in 2009 Concerning the Public Services Toward the Regional Organizations of Gorontalo District Muten Nuna; Ibrahim Ahmad; Arifin Tumuhulawa; Dikson Junus; Roy Marthen Moonti
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1496

Abstract

The research aimed to investigate the effectiveness of Regulation Number 25 in 2009 concerning public service on the organization of the local forces and investigate the hindrance factors of the implementation of Regulation Number 25 in 2009 concerning public service on the regional organizations. It was empirical juridical research employing the interview method. The technique of data analysis applied descriptive analysis. Findings revealed that the public services of Gorontalo District's regional organizations had been implemented based on the procedure operational standard and the provision of Legislation, although it was not effective. It can be seen from community satisfaction with administrative services that still need to be addressed and improved. The hindrance factors of implementing public service regulation were human resources and the availability of facilities and infrastructures. In creating public services appropriately with the Legislation, the government should be entirely done to improve employees' awareness. Society or paying attention to the organization management and adequate human resources and facilities and infrastructures can support the role of government in improving the public services, particularly the regional organizations of Gorontalo District.
The Urgency of Bajo Traditional Law as a Form of Law Enforcement Against the Performers of the Samenleven Delic Lusiana Margareth Tijow; Hoiruddin Hasibuan; Hayat Hayat
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1422

Abstract

Life in Indonesia does not recognize Samenleven's relationship because the rules of law and religion do not justify it, but there are still many things like that in Bajo Village. Bajo customary law includes the Bajo Customary Institution. In this institution, its existence helps the village government develop and regulate matters relating to local customs and solving problems regarding adultery, namely Samen Leven. This paper describes how customary law can be used as a law enforcement instrument to resolve the Samenleven offense. Semenleven is living together between a man and a woman without a legal marriage bond. This research uses the type of empirical normative research. The data types used are primary and secondary data sources using several approaches. The results show that the use of Bajo customary law, as a form of law enforcement against the perpetrators of the Samen Leven offense, will create a bargaining justice where customary law is used as the first route in resolving a conflict between victims, perpetrators, and the community. The consequence is that the perpetrator must admit that he has been guilty and is willing to take responsibility for his mistake following applicable customs. The Bajo Customary Council uses customary law as a reference to resolve any problems that occur in Bajo Village, Tilamuta District, namely customary law by deliberation/mediation.
Hacking Muhammad Syahrûr's Hudûd Theory and Its Relevance to the Inheritance of Sangkolan Madurese People Moh. Mujibur Rohman; Siti Muafatun
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1625

Abstract

Muhammad Syahrûr is a modern thinker from Damascus with the theory of hudûd or limits in interpreting the verses of the Qur'an (or al-Tanzîl al-Hakîm). One of the theoretical scopes offered is hâlah al-hadd al-adnâ wa al-hadd al-a'lâ mâ'an (minimum and maximum limits simultaneously) which he applies to the inheritance verse. Syahrûr in interpreting the inheritance verse is quite different from classical scholars. He considered classical scholars too rigid in interpreting the inheritance verse. At the same time, for Syahrûr the 2:1 concept would move dynamically according to the hudûd that God had determined in the inheritance verse. The research method used is normative-empirical with a qualitative approach. This study aims to relevance the theory of hudûd Muhammad Syahrûr with the practice of inheritance of the Madurese community in the form of sangkolan. The results of this study indicate that between Syahrûr's hudûd theory, there is relevance to the practice of Sangkolan inheritance of the Madurese community in realizing gender justice either individually (nadzrah al-fardiyah) or collectively based on majmû'at al-dzukûr and majmû'at al-inâts.
Zakat as a Local Revenue in Aceh: A Dynamics of Policy Implementation in the Local Realm Dahlawi Dahlawi; Saddam Rassanjani; Herizal Herizal
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1659

Abstract

The legitimacy given by the central government to Aceh through Law Number 11 of 2006 concerning the Aceh Government has resulted in a policy of managing Zakat as a source of regional income in Aceh by Baitul Mal Aceh (BMA). Qanun Number 10 of 2018 concerning Baitul Mal is the basis for realizing these ideals. This research tries to look at the dynamics of policy implementation in the local realm using George C. Edwards III's theory. The authors apply qualitative research to get the desired conclusion by observing and interviewing several respondents, especially those implementing the policy. In implementing Qanun Number 10 of 2018, Baitul Mal has experienced many obstacles; zakat management as local revenue cannot be implemented according to sharia regulations but must follow regional financial management guidelines. Therefore, it is necessary to make further adjustments to qanuns or derivative legal rules to make their management more optimal and follow Syar'i provisions.
Juridical and Sociological Considerations of Judges in Granting Marriage Dispensation after Enactment Law No. 16 Of 2019 Maimunah Maimunah; Abdul Helim; Noor Aina; Rabiatul Adawiyah
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1460

Abstract

This research is motivated by many applications for dispensation for Marriage after implementing the latest law related to the age limit for Marriage. This study examines judges' considerations from both normative and social aspects so that this dispensation application can be accepted. This research focuses on 1) how does the Judge review the application for a marriage dispensation after enacting Law Number 16 of 2019 at the Palangkaraya Religious Court? Religion of Palangkaraya?. This empirical research uses a statute approach and Islamic law. The research subjects are 5 (five) judges and 2 (two) informants who are substitute clerks at the Palangkaraya Religious Court. Data were collected through observation, interviews, documentation and analyzed through Islamic Laws and normative. The results of this study indicate that judges in deciding cases of marital dispensation do not only look at the Completeness of the legal administration. But also from a sociological perspective, granting a dispensation application sees aspects of the benefits that must be obtained to avoid more significant damage. The implication is that changes of the law related to marriage dispensation are increasing because it becomes a procedure to complete the marriage administration for underage couples in the provisions of the law.
Astronomical Analysis: Viral Video of the Sun Rising from the North in Jeneponto Andi Muh. Akhyar; Fatmawati Fatmawati; Rahma Amir; Nur Amalia; Achmad Nasyori
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1645

Abstract

This study aims to conduct an astronomical analysis of the viral video of the Sunrise from the north on Thursday, June 17, 2021, in Jeneponto Regency, South Sulawesi, Indonesia. The video shows a man testifying to the Sun's position in the north and associating this phenomenon as one of the signs of the Day of Judgment. It attracts much attention to become a trending topic, both of social, national, and international media. This research is descriptive with a qualitative approach using library research methods and content analysis of location, calculations, and images. Primary data was obtained through the interview, while secondary data came from related articles and books. Data collection techniques used documentations and relevant data or theories to the research question. Furthermore, the collected data were analyzed inductively and comparatively. Location analysis was carried out using the Google Maps application, and it was found that the coordinates of MAN Binamu Jeneponto were at 5.67o South (S) and 119.73 East (E). Through calculation analysis, it is known that day the Sun rose in Jeneponto at 06.08 WITA with an azimuth of 66° 35' 23". The comparative analysis between the video displays and google maps was then applied and found that the north direction shown in the video was not the actual one. The confirmation process concluded that the Sun did not rise from the north but the east (towards the northeast). The misunderstanding of Qiblah leading the west causes the observer's misidentification of the Sun's position.

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