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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 11 Documents
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Search results for , issue "Vol 21, No 2 (2023)" : 11 Documents clear
Endogamous Marriages in Kiai Sukorejo's Family: Sufi Social Fiqh Transformation and Implications for Islamic Jurisprudence Mirwan, Mirwan; Firmansyah, Mohammad; Al Munawar, Faishal Agil; Kolopita, Abdul Fajri
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2363

Abstract

Marriage with the principle of endogamy in the context of arranged marriages, as observed within the family of Kiai Sukorejo in Situbondo, is influenced by religious, cultural, and Sufi tradition factors. The research uses the phenomenological method to delve into the meaning behind the phenomenon. Marriage is regarded as a means to follow the Sunnah of the Prophet, strengthen religious devotion and Faith, reinforce family bonds, and preserve the existence of the Islamic boarding school (Boarding School). Aspects of lineage, religious commitment, and scholarly qualifications take precedence in arranged marriages as an implementation of the concept of kafa'ah in Islamic jurisprudence (Fiqh). The mystical understanding derived from Sufi teachings also affects perspectives and actions in accepting arranged marriages. This research provides a significant contribution to understanding social Sufi jurisprudence (Fiqh) and the practice of endogamous marriages within the context of Islamic boarding schools. The study's findings offer valuable recommendations for developing social fiqh understanding, remarkably grounded in Sufi teachings. It is important to note that this study has a limitation in that it did not involve female informants, which should be a crucial consideration in analyzing and exploring the meaning of arranged marriages.
Islamic Perspectives on Fulfilling Husband's Financial Responsibilities: Insights from Ulama Mazhab and Detained Citizenship Ali, Yusuf Faisal
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2698

Abstract

This article explains the fulfillment of the husband's income as a fostered citizen in the detention center and analyzes how Islamic law reviews the implementation of the husband's income in various perspectives of ulama mazhab; in this article, the author quotes the views of Imam Hanafi, Imam Shafi'I, and Imam Maliki, in addition to some views of other scholars such as Sayyid Sabiq. This research uses literature research methods. Data were obtained by analyzing texts in books and books and legal studies. The data is analyzed in a qualitative descriptive way. The results of this study show that in Islamic law with a variety of views of imams of the madhab, including Imam Shafi'I, Maliki, and Hanafi, have the same view about fulfilling the obligation to provide for husbands who are prison-assisted citizens, husbands who are in prison are still obliged to provide for their wives according to their ability.
Dwangsom: Investigate the Conceptual Basis of Religious Court on Child Custody Rulings L, Sudirman; Sunuwati, Sunuwati; Fasieh, Muh. Alim
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2500

Abstract

This study aims to investigate the philosophical underpinnings of the law regarding the issue of religious court judges' decisions regarding the right to control and care for children. Various Religious Court decisions cannot be obeyed voluntarily by the party controlling the child (the Defendant) because the mother provides the finest care for children under 12. Based on the decision of the party entitled to care for the child (Plaintiff), and according to the survey, several respondents found the decision to be hollow (illusion). It is a normative study with a conceptual approach that is then descriptively and qualitatively analyzed. Initially, the application of Dwangsom in child support cases was psychological pressure on the Defendant to voluntarily carry out the provisions of the decision and psychological protection for the child, according to the results. Despite this, Dwangsom must be provided upon request. Second, a court decision grants a Dwangsom petition, effectively legalizing the practice in cases of religious child-rearing. Thirdly, the Judge's approval of the Plaintiff's request to establish Dwangsom positively affects the renewal of Islamic family law in Indonesia because numerous decisions regarding child support are not made voluntarily.
Jurimetrics Implementation of Determining Wife's Rights in Divorce in Talu Religious Court Fadhilah, Defi Rahmi; Salma, Salma; Elfia, Elfia; Mawaddah, Arini Alfa
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2498

Abstract

This study delves into post-divorce wives' rights, particularly examining the impact of Jurimetrics. Divorce rulings often inadequately support these rights. The Talu Religious Court, part of the Padang High Religious Court, employs Jurimetrics due to disputes over divorce-related issues. Through normative legal research and content analysis, it's evident that Jurimetrics-influenced decisions notably enhance wives' rights compared to non-Jurimetrics rulings. These decisions prioritize fairness by considering factors like minimum wage, husband's income, and marriage duration. Notably, the application of Jurimetrics in divorce proceedings consistently leads to more equitable and just outcomes for wives, presenting a systematic and fair approach rooted in principles of fairness and justice. Overall, employing Jurimetrics significantly bolsters the protection of post-divorce wives' rights, providing a methodological framework founded on fairness and equity within divorce adjudications.
Religion, Politics and Power in Africa: The Nigerian Experiment and Lessons from the Sharī'ah Madīnah Plural Model Uthman, Ibrahim Olatunde
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2652

Abstract

This study delves into the complex interplay of religion, politics, and power in Africa, focusing on the Nigerian context and drawing valuable lessons from the Sharīah Madīnah plural model. Through a multidisciplinary approach, including qualitative analysis, case studies, and comparative analysis, the research reveals that Nigeria's political landscape is deeply influenced by religious affiliations, primarily Islam and Christianity, which play pivotal roles in shaping political agendas and power dynamics. The findings underscore the importance of fostering religious tolerance and interfaith dialogue while promoting inclusive governance to navigate the challenges posed by religious diversity in Africa's political systems. Drawing inspiration from the Sharīah Madīnah model, this study advocates for nuanced approaches that respect religious pluralism while upholding democratic principles, offering valuable insights for a more harmonious coexistence in Africa's diverse religious and political milieu.
Interaction of Islamic Economics and Government Transformation Technology in Indonesian Muslim Society Indriana, Indriana; Arman, Arman; Yussof, Ishak; Maasi, Jenneke Widya
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2660

Abstract

The interaction of Islamic economics and government transformation Technology in Indonesian Muslim society can create justice, prosperity for all parties, and blessings both in this world and the hereafter, to know the interaction of Islamic economics and government transformation Technology in Indonesian Muslim society. The research method uses a quantitative survey approach to ensure accuracy and relevance in this research. The type of data used is primary data using a sampling technique via snowball sampling using an online survey. With locations in 16 provinces in Indonesia: South Sulawesi, West Java, East Java, DKI Jakarta, Nanggroe Aceh Darussalam, North Sumatra, Gorontalo, South Sumatra, East Kalimantan, North Maluku, West Kalimantan, Riau, West Papua, Bali, Papua, and East Nusa Tenggara, it can see that the largest is DKI Jakarta and the lowest is West Papua, with several 1200 informants in each province, 75 informants with a period of 2 years. The technique used to collect study data on published material in the interaction between Islamic economics and government transformation technology is that Islamic economics is based on Islamic ethical principles such as the prohibition of usury (interest), justice, and fair distribution. In Indonesian Muslim society, these principles can be used as a guide in business and finance, and advances in technology, especially the internet and digital platforms, have provided greater access for society to participate in the economy and governance, with Islamic economics encouraging entrepreneurship. Interaction between Islamic economics and technology has great potential to shape Indonesia's economic, social, and governmental future in a way that is more in line with social justice.
Dynamics of Dismissal of Regional Heads in Lampung Province Perspective of Law and Fiqh Siyasah Zuhraini, Zuhraini; Zaelani, Abdul Qodir; Mu’in, Fathul
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2443

Abstract

This research aims to determine the impeachment or dismissal of regional heads in Lampung Province from the perspective of Law and Islamic jurisprudence. This problem is interesting to research. Since this province was founded, at least five regional heads have been dishonorably dismissed for committing Corruption, namely the Regent of South Lampung, the Regent of North Lampung, the Regent of Tanggamus, the Regent of Mesuji and the Regent of Central Lampung. This research uses a library study method, is descriptive-analytical, and uses primary and secondary legal data sources, which are then analyzed using the comparative method. This research concluded that the impeachment of regional heads in Lampung Province was carried out because they violated their oath of office, namely committing Corruption as regulated in Law Number 9 of 2015 concerning Regional Government, which is the second amendment to Law Number 23 of 2014 concerning regional government. Corruption in Indonesia is an extraordinary crime because it has a significant and widespread impact. Instead, the budget for regional development and people's welfare is taken for their interests. In Fiqh Siyasah, this issue is included in siyasah qadhaiyah. Every community must obey the laws and regulations. So, if a regional head violates the Law, he can be dishonorably dismissed for acting wickedly and unjustly. The corrupt behavior of regional heads includes sinful acts and forms of cruelty by leaders toward their people.
Implications of the Law of Religious Moderation on Interfaith Marriages Gunawan, Edi; Tohis, Reza Adeputra; Hakim, Budi Rahmat
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2649

Abstract

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of religion and uphold diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages.
Yusuf Al-Qardhawi's Perspective of Ihdad and its Relevance to Career Women's Leave Rights in Bandar Lampung Firdawaty, Linda; Sukandi, Ahmad; Niaz, Noorjehan Safia; Asnawi, Habib Shulton
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2343

Abstract

This research aims to analyze Yusuf Al-Qardhawi's views on ihdad and the implementation of career women's leave rights due to the death of their husbands and their relevance to contemporary Islamic family law. This research is a field research study. The informant consisted of the General Manager of the Chandra Supertore Bandar Lampung company, qualitative analysis. Research findings show that Yusuf al Qardhawi is of the view that women who are in ihdad may carry out their professions outside the home, limited to professions permitted by religion, maintaining religious ethics, whether in clothing, walking, talking, avoiding making up, wearing perfume, interacting with the opposite sex. This ability protects the benefit and survival of the family, as is the concept of Maqashid al Syari'ah to protect the soul, religion, mind, lineage, and property. Career women's leave rights due to the death of their husbands are only two days in employment law. However, in its implementation at the Chandra Superstore company, career women generally take one week off. They consist of the right to 2 days of leave plus permission from the company for two days, plus exchanging work schedules with colleagues in the profession. The company still requires its employees to look attractive according to the Company's SOP. Implementing this left-right is still very far from being different from the head criteria in Islamic family law.
The Binding Power of the Bapalas Tradition to Solve Dayak Citizens' Disputes in West Kotawaringin District Sukti, Surya; Khair, Abdul; Mualimin, Mualimin; Arifin, Imam S
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2634

Abstract

The background to this research is that if a dispute occurs between Dayak people, especially those living in West Kotawaringin Regency, some choose to resolve the problem peacefully through the Bapalas custom. A traditional Mantir leads the Bapalas tradition, and the decision of this traditional Mantir is firm because it follows the elements of article 1320 BW. In article 1320 BW, there are four conditions for an agreement's validity: agreement, skill, a sure thing, and a lawful cause. So, if it is related to article 1320 BW, problems that occur in society can be resolved with an agreement. This tradition of Bapalas in the people of West Kotawaringin Regency follows Islamic law, known as Islah or peaceful problem-solving in Islam. This research analyzes the legal certainty aspect of traditional Mantir decisions in Bapalas. This research method is a field research method, and the approach is qualitative. What is very interesting is that this traditional Mantir can solve various civil and criminal problems. For criminal cases, several cases, such as fights and abuse, can also be resolved using the Bapalas method. The basis of this Dayak traditional institution is Central Kalimantan Province Regional Regulation Number 16 of 2008 concerning Dayak Traditional Institutions in Central Kalimantan.

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