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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 20, No 1 (2022)" : 8 Documents clear
Fulfillment Matter of Education Rights of Children in Conflict With the Criminal Law Nurhamdah Nurhamdah; Emilia Mustary; Fikri Fikri; Subhan Saleh; Nabilahumaida Nabilahumaida
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1825

Abstract

This study aims to determine the forms of the fulfillment of education rights for children in conflict with the criminal law in Indonesia through the "Independent School" program and the factors hindering its practice. It was field research in the form of a case study with data collection techniques: observation and interviews. The research findings reveal that the fulfillment of the right to education for children conflicts with the criminal law (ABH) already carried out but not optimally as regulated in Permen PPPA No. 15 of 2010. This can be seen from the efforts of the staff at LPKA to open non-formal classes even though they do not have adequate classrooms and facilities and the unavailability of professional teaching staff. The inhibiting factor is the absence of human resources in the form of professional teaching staff and limited facilities and infrastructure. As a result, the implementation of education did not work well because the teaching staff did not have an official educational background, and teaching activities were only performed as additional duties as staff at LPKA. The study results show that the LPKA staff's role is vast in providing education to ABH regularly to fulfill education rights. The implications are expected to become input for the LPKA Class II Maros policy to provide management and learning techniques to staff and input for the central government to recruit teaching staff and social workers as well as the provision of facilities and infrastructure.
Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia Haris Maiza Putra; Hisam Ahyani
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1861

Abstract

Indonesia is a state of law related to the disparity in the decisions of different judges in deciding a case, especially in criminal decisions. A more in-depth study is needed, especially in the case of rape, where in rape cases in Indonesia, several judges have sentenced them to death. This study aims to uncover and explore the Internalization of Progressive Islamic Law (Mashlahat) in Amending Criminal Law in the Death Penalty by Judges Against Defendants in Rape Cases in Indonesia. Progressive Islamic Law promoting peace (Mashlahat) can realize legal protection and peace for the people of Indonesia. The approach in this study uses an empirical juridical approach. This research is also normative-legal, qualitative, and uses descriptive methods through literature studies. This research is sourced from various books, international journals, and national journals. The results of the study concluded that 1) Progressive Islamic Law Internalization in Indonesia in changing criminal law can be carried out by changing the law, which can be done through peace (maslahat) by prioritizing Islamic values rahmatan lil 'alamin in developing and incorporating Islamic legal values into the national legal system in Indonesia; 2) the occurrence of changes to criminal law in Indonesia which was decided by this Judge (Criminal Disparity), among others: a) the judge sentenced to life imprisonment; b) the death penalty; c) 12 years in prison; d) Castration punishment; e) 4 years imprisonment; 3) Internalization of Progressive Islamic Law towards changes in criminal law in Indonesia, when a court judge wants to decide his case, for example in a rape case, a decision can be made through the Mashlahat (peace) concept without having to decide the case with a life sentence or up to the death penalty, especially for perpetrators of rape.
Review the Concept of Al-‘Adah Al-Muhakkamah on Tradition “Batal Wudhu” the Traditional Wedding of Ternate People in Ternate Nur Azizah Rahman; Marwa Anjamila Tarima; Harun Ginoni; Muhrim Djakat
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1775

Abstract

The procession of “cancel ablution” at the traditional wedding of the people of Ternate became one of the traditions that must be done. This procession is understood by society as a change of status between men and women into husband and wife. This procession raises the understanding that the husband and wife do not have a prohibition on touching hands during prayer because there is already a “cancellation of ablution” when married. Suppose you look at the rules of the prohibition of contact that is not a mahram as a condition for the validity of prayer. In that case, you have different opinions, and the law of the prohibition of contact for non-mahrams does not fall just because there has been a change in marital status. Starting from this understanding attracted researchers to study how the implementation of “cancel ablution” in traditional marriages of the people of Ternate City and how al-‘adah al-muhakkamah studied this procession. This study uses the qualitative descriptive verification method by describing the pattern of tradition in the community of Ternate city and then verifying correctly or distorting this procession to be applied by the community using the concept of Al-‘adah al-muhakkamah. This study found that the community procession ‘cancel ablution’ is a hereditary tradition and has developed since the first. The procession of” cancel ablution,” which is understood by the public, is of two forms: first, some understand this procession as a form of legalization and changes in mahram relations between men and women. Second, as a gift of prayer to the wife named ‘Paha ngoma-ngoma’ by placing her hands on the wife’s crown while praying. Analysis using Al’adah Al-muhakkamah makes the first form to be distorted. It enters the category of’adah fasid or ‘urf fasid while ‘Paha ngoma-ngoma’ can be ‘adah Shahih or ‘urf Shahih is justified, then the procession of “paha ngongoma” is applied, not “ablution void.”
Divorce Cases in Members of Indonesian Police Force: A Positive Law Perspective Nur Mohamad Kasim; Trubus Semiaji
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1793

Abstract

This research aims to analyse the factors of divorce in members of a police force, the impacts, and alternatives offered by the court judge to overcome divorce problems from a positive law perspective, the juridical-sociological method. The study took place in the coverage area of Court in Gorontalo, Suwawa, and Limboto. Further, the present work applied a case approach and statute approach. The data from primary and secondary sources were collected from the literature study and field research. The results showed that the factors of divorce comprise: prolonged quarrelling, cheating, economic problems, and domestic violence. The divorce cases lead to several problems that impact the married couple, their children, and their shared wealth. Referring to the Islamic Law perspective, the court Judge provides several alternatives to optimise mediation as dispute settlement before divorce as a last resort. Moreover, the Judge provides post-divorce alternatives to ensure that the ex-husband gives the iddah and mut'ah allowances to his ex-wife and that the ex-husband still supports the children's development. 
Disclosure of Ijtihad: The Changes of the Early Time of Dawn as a Sharia and Science Integration Effort Bakhtiar Bakhtiar; Fitra Nelli; Firdaus Firdaus
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1803

Abstract

This article elaborates how ijtihad to changes in the dawn as an effort to integrate sharia and science. With a bibliographic qualitative research method, the author wants to describe how the early dawn changes have been used as guidelines for Muslims. Fajr's schedule has been considered too fast so that it is not in line with the provisions of the texts and the findings of modern science. Muhammadiyah, in its ijtihad, responded openly by making changes to the previous decision compared to the Ministry of Religion and Nadhatul Ulama, which remained in the previous formulation. The study results concluded that reviewing the dawn error at Muhammadiyah had begun in 2016 until it reached maturity in 2020. The results were confirmed at the 31st Tarjih National Conference in 2021 and by the Muhammadiyah Central Executive on March 20, 2021. Effective starting from January 2021, together with the publication of the Muhammadiyah calendar. The Sun's height is the initial criterion for the dawn of time from the original -200. After review, it becomes -180. This change in criteria implies a delay of the early dawn of about eight minutes from the previous one. This change was made to combine aspects of sharia and science with an integrated approach of Bayani, Irfani, and Burhani, considering the benefit of the community.
The Current Development of Marriage Age Provisions in Indonesia and Malaysia: A Socio-Historical Approach Ibnu Radwan Siddik; Ibnu Radwan Siddik Turnip; Zainul Fuad; Nurhayati Nurhayati
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1813

Abstract

This paper discusses how the current social history of Islamic law in the Southeast Asian region relates to the minimum age of marriage. Then also, it will be examined how socio-cultural and socio-political influences surround the change in the provisions of the minimum age of marriage in the two countries. This normative legal research focused on studying legal history using the social history approach of Islamic law. Data is analyzed with qualitative methods. The results showed a change in the age of marriage in Indonesia, from 19 years for men and 16 years for women to 19 years for both men and women. While in Malaysia, most states have not changed the minimum age of marriage, remaining at 18 years old for men and 16 years for women. The change in the age of marriage occurs in the state of Selangor alone, which determines the marriage age limit is 18 years for men and women. The difference in terms of the marriage age limit in these two countries is strongly influenced by the socio-cultural and socio-political dynamics in society. The aspirations of some groups of people towa  rds changing the marriage age limit in both countries have also strengthened due to the growing number of cases of child marriage, extramarital pregnancy, and the practice of abortion in both countries.
Legality of Khulu' Lawsuit for Wives in the Provisions of Legislation in Indonesia RR Dewi Anggraeni; Dianna Primadianti; Saptaning Ruju Paminto; Nur Rohim Yunus
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1817

Abstract

The solution household crisis provided by the wife and accepted by the husband is known as a khulu' in Islamic law. This study examines the legal protection for a wife if the surrender of khulu' is determined and investigated. As well as the relationship between the provisions and the concept of khulu' with the position of women in marriage law which is sourced from the Compilation of Islamic Law related to Marriage Law.. It was decided to apply the research method of normative juridical research in conjunction with a statutory approach. The findings of this study indicate surrender of khulu' to the husband to divorce himself from the marriage bond is accompanied by the payment of 'iwadh', namely the payment of money or goods to the husband from the wife's side as a reward, divorce as a form of legal protection for the wife. The text states that 'iwadh is a system of legal protection given by the state to the wife who proposes khulu'. 
The Position of the Fatwa of the Indonesian Ulema Council Number 33 of 2018 Concerning the Measles-Rubella Vaccine: National Law Perspective Muammar Arafat Yusmad; Dirah Nurmila Siliwadi
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1836

Abstract

This study aims to analyze the position and validity of the fatwa of the Indonesian Ulema Council (MUI) Number 33 of 2018 from the perspective of national law. And analyze the position of the fatwa of the Indonesian Ulema Council Number 33 of 2018 in terms of sociological, philosophical, and juridical application aspects. This research is library research sourced from secondary data with a statutory approach, namely an approach with an analysis of national legal rules and regulations related to Islamic law. The results show that the Fatwa of the Indonesian Ulema Council is not binding to be obeyed and is only in the form of appeals and suggestions given to Muslims because the Fatwa of the Indonesian Ulema Council is not included in the national legal framework in Indonesia. The fatwa regarding the Measles-Rubella (MR) vaccine is allowed (permissible) on the grounds of a star’s emergency. Yes, with the applicable provisions. The 2018 Fatwa Number 33 by the Indonesian Ulema Council applies sociologically because the Muslim community accepts the fatwa and makes a warning about the status of the Measles-Rubella vaccine.

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