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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.
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Articles 10 Documents
 1 
Search results for , issue "Vol 21, No 1 (2023)" : 10 Documents clear
The Transformation of the Dilemma of Role Exchange in the Household: Analyzed Gender in Family Resilience Discourse in National Law and Islamic Law Fatum Abubakar; Mazroatus Saadah; Ulin Na'mah
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.1864

Abstract

This article analyzes the dilemma of changing roles in a household that is often unequal. Inequality occurs due to the wife's dominant role in meeting the family's needs; the wife bears a double burden compared to the husband. This study uses qualitative research with a literature research system through a formal juridical approach and gender analysis. The subject of this research refers to the articles in the Marriage Act and Compilation of Islamic Law. Researchers chose purposive sampling based on specific criteria and categories that can be described and analyzed. The findings of this study indicate the dilemma of relationships and roles in the household, where the ideal relationship within the family must be a provision for family resilience to realize national resilience. In addition, working women must be able to carry out their rights and obligations in a balanced way, even though information technology and the media are challenges to family life today. The optimization of the marriage guidance program and the reconstruction of Islamic Family Law and the Marriage Law must serve as an affirmation basis for the dynamics of marital relationship patterns. However, society must also understand that the social role of a partner is not absolute. His position can be exchanged as needed for the continuation of the marriage. 
Agus Moh Najib's Thoughts on the Interconnection of Islamic Law and National Law Muhajir Muhajir; Ihda Shofiyatun Nisa'; Akhmad Munawar; Suud Sarim Karimullah
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2321

Abstract

The number of controversies and debates about integrating Islamic law into the national legal system in Indonesia has led to many counter-productive perceptions, so progressive thinking is needed all parties can accept that. Therefore, this study examines the thoughts of Agus Moh Najib, a Muslim scholar, on integrating Islamic law into the national legal system to create a fair legal system by the demands of society and the state. Methodologically, this research uses a philosophical approach with library research and is also descriptive-analytical qualitative research. The results of this study state that Islamic Law and Indonesian law have several interrelationships and interconnections perspectives on Agus Moh Najib's. He provides recommendations that to maximise the interconnectivity of Islamic law to national law, the first step that needs to be taken is to redesign, reformulate and renovate the ushul fiqh building, which is the basis for the formation of Islamic law without having to tear it down by reviewing existing concepts and theories so that the role of ushul fiqh can be more optimal in developing Islamic legal science that contributes to the formation of laws and regulations in Indonesia. Then harmonisation is carried out between Islamic law and various legal sciences developed in Indonesia regarding subject matter and language. In other words, it is necessary to strive for the formation of the Islamic law that is in harmony with legal science in general based on the ideal moral norms of the core teachings of Islam and also considers the culture and empirical realities that exist in plural Indonesian society.
The Contemporary Ushul Fiqh in Indonesia: An Idea and Practice Ahmad Rajafi
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2260

Abstract

This research explains the theory of Ushul Fiqh, which must live and not stagnate for Indonesia's benefit. Many of the study sources used as references come from Arabic-language books. A scientific study is needed that is more specific and shows the specificity of the Indonesian Ushul Fiqh model. This research method is a literature review by studying Ushul Fiqh in the Indonesian context. The results found are that the primary materials in the theory of Ushul Fiqh in Indonesia are always alive and experiencing evolution, starting from the implementation of established Ushul Fiqh products during the time of classical scholars to the birth of new theories which expected to be able to become new alternatives that responsive in answering the problems of the people who are also constantly moving and experiencing change. The theory of Ushul Fiqh implemented in the field by Indonesian scholars, such as the actualization of maqashid shariah in the Indonesian context, the flow of inculturation of revelation and local culture ilhaq al-masail bi nazhairiha, practicing qauli and manhaji Schools, and also making ijtihad plural or collective as the right solution for Indonesia as a form of prudence (ihtiyath) of the clergy.
Local Wisdom Equality in Marriage of Gold Entrepreneurs in Kasui Pasar Village Jayusman Jayusman; Efrinaldi Efrinaldi; Shafra Shafra
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2341

Abstract

This article aims to elaborate on equivalence in marriage. Equivalence is one of the essential aspects of creating a harmonious family. The people of Kasui Pasar Village, who are from Banten ethnic background, have a tradition of marital equivalence regarding profession and ethnicity. The problem in this study is how to review Islamic law on the tradition of marriage equivalence in realizing a harmonious family in Kasui Pasar Village. This type of research is field research descriptive-analytical. The primary data of this research are the results of interviews and observations with a married couple of Banten ethnic gold traders. Secondary data are books, journals, and related research. Data collection techniques in this study are interviews, observation, and documentation. Then the data obtained is processed and analyzed inductively using urf theory. The results of this study indicate that the community believes that marriage equivalence in the profession of gold business people and ethnic Banten is the main factor in the realization of a harmonious family. This local wisdom as urf sahih has brought benefits and goodness in their lives and is inherent and accepted by the general public, especially in Kasui Pasar Village. This tradition does not conflict with Islamic law. The results of this study indicate that the community believes that marriage equivalence in the profession of gold traders and ethnic Banten is the main factor in the realization of a harmonious family. This local wisdom as urf sahih has brought benefits and goodness in their lives and is inherent and accepted by the general public, especially in Kasui Pasar Village. This tradition does not conflict with Islamic law.
Contextualization of Utilities in Law and Maqasid Al-Shariah in Halal Lifestyle Culture in Makassar City Fikri Fikri; Aris Aris; Agus Muchsin; Amira Ezzat Mahrous
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2310

Abstract

This study aims to explain the contextualization of utility in law and maqasid al-shariah towards the halal lifestyle in Makassar City. The study is field research using a normative juridical approach. Data collection procedures were conducted by observing several malls, drug stores, markets, and restaurants, in-depth interviews with Islamic jurists, and documentation. Data analysis by strengthening the utility theory proposed by Jeremy Bentham and maqasid al-shariah put forward by Abu Ishaq al-Syatibi. The study's findings are that the cultural transformation of the halal lifestyle is a form of commitment by the Muslim community in Makassar City to obeying and implementing Islamic law. The contextualization of utility in law and maqasid al-shariah towards the halal lifestyle is to maintain and safeguard religion, human intellect, and soul (nafs). Following up on the findings in this study, a halal lifestyle culture in Makassar recommends further research to optimize living laws in society and the legal system in laws and regulations.
Roma Toah: Social Construction of Inheritance Division of The Bangkalan Madura Community Mohammad Hipni
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2342

Abstract

Applying Islamic law within the framework of social culture is never complete for research. Certain social entities understand Islamic law, originating from revelation to produce unique legal products. Roma Toah inheritance in Madurese society is a division of inheritance intended for all heirs without being based on the individual principle as in Islamic inheritance law in general. This study aims to understand the construction of social, cultural, and religious inheritance of Roma Toah in the people of West Madura, who are known to be firm in upholding their religious teachings. This study uses a qualitative method approach using a socio-legal approach. This study uses social construction analysis so that the meaning of the inheritance of Roma Toah can be well understood. This research resulted in the following findings; first, the legacy of Roma Toah survives based on the local wisdom of the Madurese community, based on two aspects that align with Islamic values; maintaining family ties intact and family economic resilience. Second, by using social construction analysis based on three phases; externalization, objectification, and internalization, the Roma Toah inheritance is built on a harmonious blend of culture, social, and religion through the legitimacy of traditionalist Madurese Ulama so that it is considered a system that does not conflict with Islamic values in maintaining family and economic integrity.
The Resilience of Ungku Kali Practices as Marriage Guardian in Kurai Taji, Padang Pariaman Regency Maslahah Perspective Ali Ibrahim; Hamda Sulfinadia; Ikhwan Ikhwan; Jurna Petri Roszi
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2285

Abstract

This paper focuses on the resilience of Ungku Kali's practice as a marriage guardian or transfer of lineage guardian to Ungku Kali. The Ungku Kali referred to in this study, is someone appointed by both husband-and-wife candidates to carry out the marriage and acts as a marriage guardian. The research questions from this paper are, first, what is the position and practice of Ungku Kali as a marriage guardian in Kurai Taji, Padang Pariaman Regency? Second, why does Ungku Kali’s practice as a marriage guardian persist today? The primary data of this study came from interviews with thirteen informants, consisting of six couples getting married, three Ungku Kali people, and four local people. After collecting the data, they were classified according to the existing themes and analyzed with the resilience theory. The study results found that Ungku Kali's position in Kurai Taji is as a trustee in the religious field or a respected Nagari cleric in society. As for the Ungku Kali practice using the facilities of the Surau Korong Lubuk Ipuh as a place of practice assisted by Apak Labai as the marbot at the Surau Korong Lubuk Ipuh, all the requirements are conveyed by this Apak Labai. Second, the reason for the resilience of the Ungku Kali practice until now is due to the resilience of culture, the resilience of economic factors, the resilience of the need factor, and the resilience of social factors; both Ungku Kali service users and Ungku Kali itself.
Harmonization of Islamic Law and Local Culture: A Study of Indonesian Sundanese Ethnic Culture Muhammad Shuhufi; Arip Purkon
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.1870

Abstract

This study analyzed the application of Islamic law in the Sundanese ethnic community and explored the relationship between Sundanese social life and Islamic law. This research is qualitative research with a case study approach. The collection of data was obtained through observation and documentation. Data is described systematically and objectively, then analyzed using the content analysis method. This study concluded that acculturation and assimilation between the structure of Sundanese society and Islamic law had formed a unique characteristic of Sundanese society. It can occur because the reality of Sundanese people who have accepted Islam is due to harmony with Sundanese values. This research can be used as a model for building a harmonious relationship between Islamic law and the social structure of society. Islamic law can be applied without damaging the social structure of society. Culture, social structure, and Islamic law can be applied harmoniously. This study provided an empirical example of a harmonious relationship between the social structure of society and the application of Islamic law. Both can run simultaneously without eliminating each other.
The Legal Argumentation Regulatory Framework for Management of Sharia Funding and Risk Loans in Indonesia Jefry Tarantang; Ni Nyoman Adi Astiti
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2268

Abstract

This study discusses legal arguments related to Indonesia's regulatory framework for managing Sharia funding and loan risk. This study uses a legal analysis approach concerning the principles of the state constitution, Islamic banking laws, the fatwa of the Indonesian Ulema Council (MUI), and regulations from the Financial Services Authority (OJK). This arrangement aims to protect consumer interests, ensure compliance with Sharia principles, and maintain the sustainability of the Sharia financial industry in Indonesia. This study uses qualitative research with data search methods, namely through library research sources and literature studies through library research in scientific journals, books, papers, and articles directly related to the research problem under study. It has the purpose of doing a description of the problem under study. In conclusion, this regulatory framework is essential to protect consumer interests, ensure compliance with Sharia principles, and maintain sustainability in Indonesia's Islamic finance industry. These regulations are based on solid legal principles, such as the country's constitution, laws, MUI fatwas, and OJK regulations. This research contributes to understanding the legal arguments regarding Indonesia's regulatory framework for managing Sharia funding and loan risk. It can be a reference for further research and development in this field..
Prohibition of Interfaith Marriage in Indonesia: A Study of Constitutional Court Decision Number 24/PUU-XX/2022 Imaro Sidqi; Mhd. Rasidin
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2337

Abstract

This article aims to analyze the decision of the Constitutional Court Number 24/PUU-XX/2022 concerning interfaith marriage from a philosophical, juridical, and empirical-sociological perspective so that it is more comprehensive because it covers various aspects, including religious views, law, interreligious communication, change law, human rights perspective, and polemic in society. This research is juridical-normative research, which uses a statutory approach, a concept approach, and a case approach through descriptive-qualitative analysis. The study results show that interfaith marriages are not permitted in Indonesia, both from the point of view of Islamic Law, the laws of other religions, the sociocultural community, and the Marriage Law. Therefore, the Constitutional Court issued several decisions to prohibit interfaith marriages, one of which was the Constitutional Court Decision Number 24/PUU-XX/2022, which completely rejected interfaith marriages. In its decision, the Constitutional Court does not allow interfaith marriages for three simple reasons: First, philosophically, interfaith marriages do not represent Pancasila and the essence of the formation of the Constitution. Second, juridically, interfaith marriages have no place in the Marriage Law because the state protects religion, so society remains following its corridors. Third, sociologically, interfaith marriage violates many norms, both local religion and custom. Therefore, from the perspective of religion, law, and sociocultural norms, interfaith marriages are generally not permitted in Indonesia so this research can formulate a balanced policy between individual rights and religious values in interfaith marriages.

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