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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 20 Documents
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Search results for , issue "Vol 22, No 1 (2024)" : 20 Documents clear
Judicial Considerations in Child Marriage Dispensations: An Empirical Study of the Gorontalo Religious Court Insani, Nur; Beddu, Sumiyati; Rahman, Rahmawati; Arpin, Arpin; Samuri, Mohd Al Adib
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2066

Abstract

This research aims to determine the judge's considerations in carrying out his juridical function to adjudicate cases, whether they align with legal principles governing marriage and protecting children's rights, and how social stigma influences the judge's decision-making process in many instances.  Interviews were conducted directly to create effective and efficient discussions to collect the primary data. In addition, data was obtained through literature and research studies, including regulations, documents, and related books.  This paper examines a case study concerning a judge's decision to grant dispensation to a married couple not yet of legal age due to a request for parental guardianship submitted to the Gorontalo Religious Court in decision Number 10/Pdt.P/2021/PA. The findings show that the convergence of various legal aspects, cultural values, and social norms can influence judges' considerations in determining child marriage dispensations. The issue of child marriage in Indonesia is complex and needs serious attention. A legal framework must support objective legal principles, take into account the needs and interests of all parties, and overcome social stigma against child marriage.
Maslahah Najmuddin Al-Thufi: A Framework for Fintech Benefit Realization in Indonesia Hasan, Nugraha; Abubakar, Achmad; Haddade, Hasyim; Kurniati, Kurniati; Nurjannah, Nurjannah; Sabbar, Sabbar Dahham
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2100

Abstract

This study explores the concept of maslahah, according to Najmuddin Al-Thufi, as a realization of fintech development in Indonesia. Najmuddin Al-Thufi developed a theory of maslahah that emphasizes flexibility and adaptability to dynamic socio-economic contexts. This study integrates the theory with the development of fintech in Indonesia. This descriptive and qualitative research provides a more comprehensive picture of the concept of maslahah at-Thufi and the phenomenon of fintech in detail and in-depth and using a phenomenological approach. Data sources come from secondary data from books and relevant and reliable journals related to the discussion of Maslahah Najmuddin at-Thufi and fintech. The results showed that applying Najmuddin al-Thufi's maslahah concept to the development of fintech in Indonesia can be implemented for effective regulation and support the growth of fintech in an inclusive, safe, and equitable manner. The maslahah principle, which focuses on the public good, can deal with challenges such as consumer protection, data security, financial inclusion, and business ethics. By applying this principle, regulations can be more adaptive and responsive to technological dynamics, ensuring that the real benefits to society are always prioritized in every regulatory decision.
Sharia Banking Ownership Status in Performing its Functions as an Intermediation Institution Setiawan, Iwan; Saruchi, Sarah Athirah Binti
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2338

Abstract

This research will discuss the use of third-party funds by Sharia banks as business capital, one of the largest sources of capital for Sharia banks. The use status of these funds is influenced by the contract used, whether full ownership rights or temporary ownership. This research focuses on understanding the status of fund ownership in Sharia banking and its function as an intermediation institution. This research uses a descriptive literature method with a normative juridical approach; the primary data source comes from statutory regulations and the DSN-MUI Fatwa. The type of research used is qualitative research with data analysis techniques carried out in three stages: data focusing, presentation of funds, and drawing conclusions.   This research indicates that the status of fund ownership for Sharia banks has significant implications for the role of Sharia banking as an intermediation institution. Fund ownership status is influenced by the contract used. These contracts will determine the responsibilities of Sharia banks in managing funds. This is based on the provisions of the DSN-MUI Fatwa and the Sharia Banking Law. A clear understanding of the status of fund ownership will help Islamic banks prepare accurate and transparent financial reports, which is essential for building customer and investor trust. Sharia principles ' management of fund ownership status is crucial for Sharia compliance and operational efficiency, risk management, and sustainable growth of Sharia banks as financial intermediation institutions.
Harmonizing Islamic Law and Local Culture: A Study of The Mampatangpulo Tradition in Duri, Enrekang Regency Rahmawati, Rahmawati; Muhajir, Muhammad Nur Alam; Assad, Andi Sukma; Abdain, Abdain; Taudiyah, Nasya Tisfa
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2678

Abstract

This research thoroughly examines the relationship between customary law and Islamic law and how they relate to Mampatangpulo. This type of research is qualitative, and the research location is in Enrekang Duri, where a sociological and phenomenological approach is used. The data in this research comes from primary and secondary data, while the data collection techniques used in this research use observation, interviews, and documentation. Data is processed and analyzed using data reduction techniques, presentation, and conclusion drawing. The results of this research show that the process of implementing the Mampatangpulo Tradition starts from the Sangbonginna, Mangbongi tallu, Mangbongi pitu events and the peak of the Mampatangpulo event after the death of the deceased. In the process of implementing the Mampatangpulo Tradition, several stages of traditional processions are considered sacred and essential to carry out, namely Mangpepellao (Lowering), Mampakande-kande (Feeding), Manggere' beke (Slaughtering a goat). The Mampatangpulo tradition can only be carried out if the procession does not violate Islamic law. According to a review of Islamic law regarding the implementation of the Mampatangpulo tradition, the law is okay when the procession does not violate Islamic law because, in the implementation of the Mampatangpulo tradition that developed in the people of South Sulawesi, there are habits that have positive values. This research also shows a strong relationship between customary law and Islamic law in the Mampatangpulo tradition, such as in the takziah and friendship events. The results of this study confirm that the culture that develops in Indonesian society and globally can be preserved if it does not conflict with Islamic values.
Optimization of Sharia Banking Regulations in Developing the Halal Cosmetic Industry in Indonesia Akbar, Wahyu; Kurniawan, Rahmad; Dakhoir, Ahmad; Fahmi, Chairul
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2611

Abstract

This paper examines the role of Islamic banking in developing the Indonesian halal cosmetics industry. The method used includes a qualitative descriptive study through exploratory studies on optimizing the role of Islamic banks in the development of the halal cosmetic industry. The data source uses primary and secondary data through data collection techniques from interviews to literature study. Then, data collection also involves the author's opinion regarding the research issue data analysis, which consists of data reduction, data presentation, conclusions, and verification. Challenges and opportunities in the halal cosmetics industry continue to experience increasingly significant developments that affect the growth and development of the halal cosmetics industry. Therefore, the synergy between Islamic banking institutions, the government, and even related institutions is undoubtedly needed. This needs to be implemented by Islamic banks to optimize regulations and roles in the development of the halal cosmetic industry. First is regulation, followed by the process of preservation and standardization of halal products. Second, the synergy of Sharia institutions for halal industry players can be achieved by providing financing funds, mentoring, and education. Third, the synergy of Islamic banks with educational institutions through inclusive awareness of the halal cosmetic industry in educational institutions.
The Fulfillment of Women's and Children's Rights Post-Divorce in Judicial Decisions of the Unaaha Religious Court Suriani, Suriani; Aini, Nurul; Marlin, Marlin; Fitriadi, Muh.; Darwis, Rizal; Baharuddin, A. Zamakhsyari
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2904

Abstract

The purpose of this study is to describe and analyze the decisions of the Unaaha Religious Court in guaranteeing the rights of children and women after divorce and to examine the constraints of the panel of judges of the Unaaha Religious Court in guaranteeing the rights of women and children in case decisions. This research is a normative-empirical research. Data collection techniques and legal materials are document studies and interviews. While the process of data analysis is carried out in three steps, namely: first, identification of legal facts. secondly, examining or and seeking legal norms related to legal facts. Third, applying legal norms to legal facts. The results of this study show that: First, in the period from July 2021 to June 2022 the Unaaha Religious Court decided 493 divorce and divorce cases. Of the 493 cases that have been decided, only 22 cases involving the fulfillment of the rights of wives or children. Where the reasons for fulfilling these rights can be made into four (4) typologies. First, because it was requested in the convention as many as 12 cases. Second, because of an agreement in mediation in 8 cases. Third, because the posita of the application is 1 case. Fourth, because of the posita lawsuit of 1 case. From the four typologies it can be concluded that the judges have not exercised their rights ex-officio in order to fulfill the rights of women and children. Therefore, it can also be concluded that the judges have not fully implemented the Letter of the Director General of Badilag Number 1669/DJA/HK.00/5/2021 Concerning Guarantees for the Rights of Post-Divorce Women and Children. Second, the constraints faced by judges in fulfilling the rights of women and children in case decisions, namely: 1) the financial ability of the husband or father, 2) the ability of the parties in the evidentiary process, 3) the presence of the parties (wife or husband) in the trial , 4) there is no coordination and cooperation between the Religious Courts and related agencies in the case of parties who work as ASN/PNS.
Addressing Corruption of Village Funds: A Perspective from Islamic Criminal Law and Positive Law on Asset Recovery Firmansyah, Firmansyah; Kasma, Hadrawi; Rusdi, Mikdar
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2911

Abstract

Corruption in Indonesia is increasingly rampant, one of which is the issue of village funds, so the problem is analyzed, and problems are identified to resolve the case. The research method used is an empirical juridical approach using data collection techniques, namely in-depth interviews using qualitative descriptive analysis. The research results found that several things that cause corruption in village funds include low understanding, awareness, and supervision of the BPD (people's consultative body), lack of transparency and accountability, low community participation, political pressure and conflicts of interest, a culture of corruption, and the case studies raised to show that corruption occurs due to misuse by third parties and the efforts taken are based on This is an improvement on these 5 (five) aspects. The critical point is the offer from researchers regarding the reconstruction of the concept of asset recovery when it has been applied after going through the trial process. In this paper, we offer the idea of asset recovery outside of court based on an analysis of the cases raised.
Optimizing the Roles of Posbakum and Islamic Organizations in Medan City for Child Victims of School Violence Lubis, Syofiaty; Yuslem, Nawir; Panjaitan, Budi Sastra; Afendi, Hazrul
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2954

Abstract

This research relates to optimizing the role of Medan City Islamic Organization legal aid posts in providing legal assistance to child victims of school violence. It is a socio-empirical legal study in the category of sociological-empirical research using a qualitative approach. The research focuses on social and legal phenomena in society, specifically the role of Islamic mass organization legal aid posts in Medan City in providing legal assistance to child victims of school violence. Data were collected through interviews with the Medan City Islamic Organization Posbakum and analysis of Law Number 23 of 2002 concerning Child Protection, as well as from legal materials providing explanations of primary legal materials obtained through literature studies related to the research problem. The research results show that the implementation of the Aisyiyah Legal Aid Post (Posbakum) in the North Sumatra region can help provide legal assistance for child victims of school violence by offering consultation, legal aid, and advocacy. However, to provide more optimal legal assistance, efforts are still needed to improve the quality and quantity of resources owned by Posbakum Aisyiyah. Furthermore, the active role of all parties, especially the government and society, is crucial to support the optimization of Posbakum Aisyiyah's implementation and enhance legal protection for child victims of school violence.
Contemporary Ijtihad Deconstruction in The Supreme Court: Wasiat Wajibah as An Alternative for Non-Muslim Heirs in Indonesia Setyawan, Rahmad; Witro, Doli; Busni, Darti; Kustiawan, Muhamad Taufik; Syahbani, Fatimatuz Zahro Mulia
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2968

Abstract

This research aims to critically analyze and deconstruct the rules and theoretical rules of ijtihad and its implementation in resolving contemporary Islamic inheritance law issues that develop in the Supreme Court. The focus of this research is on the wasiat wajibah (compulsory testament) as an alternative for non-Muslim heirs. This field research uses a descriptive-analytical method to explain the conception of ijtihad comprehensively. The primary data for this research came from interviews and observations. Interviews were conducted with several Religious Court Judges and Religious High Court Judges. Meanwhile, observation was conducted in several religious courts and high religious courts. Secondary data came from library data such as Supreme Court decisions on compulsory testaments for non-Muslim heirs. In addition, this library data is also supported by classical books (yellow book), scientific articles, internet websites, etc., related to the research topic. In several of its decisions, this study found that the Supreme Court has carried out modern ijtihad in Islamic inheritance law by providing an alternative law in the form of a compulsory testament for non-Muslim heirs to enjoy the inheritance of Muslim heirs. This alternative law is a product of the ijtihad of judges through the renewal of ijtihad methodology in the context of legal discovery (rechtvinding), which aims to distribute a sense of justice to parties prevented from getting inherited property.  The birth of several Supreme Court decisions, such as decisions number 16 K/AG/2010, 218 K/AG/2016, and 331 K/AG/2018, which provide legal alternatives in the form of compulsory testaments for non-Muslim heirs, is a historical necessity that must be interpreted positively for the sake of future history.
The Role of Bales Nae Tradition in Strengthening Family Harmony and Social Cohesion in the Sasak Community of Lombok, Indonesia Yazid, Afthon; Sugitanata, Arif; Hasan, Faradila; Ulirrahmi, Fauzia; Sholikhah, Siti Khamidatus
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2876

Abstract

This research investigates the "Bales nae" tradition within the Sasak community in Lombok, Indonesia. Bales nae is an essential post-wedding ritual where the groom's family visits the bride's family following the merariq ceremonies. This tradition aims to strengthen family bonds, foster mutual respect, and preserve cultural heritage. Using a socio-legal approach and theories from Émile Durkheim and Maqashid Sharia, this qualitative study explores the reasons why the Sasak community maintains this tradition. Data were collected through observation and interviews with 12 key informants, including community members, traditional leaders, and families who have practised Bales nae. The research findings reveal that Bales nae functions to introduce and strengthen relationships among extended families, enhance social cohesion, and preserve cultural heritage. Durkheim's functionalism theory highlights the role of Bales nae in social stability and solidarity, while Maqashid Sharia emphasizes its contribution to preserving religion, life, intellect, lineage, and property. This tradition, with its rich symbolic meaning, underscores the importance of maintaining cultural practices amid modern influences. The study concludes that Bales nae is crucial for reinforcing family and social structures, reflecting the profound significance of traditional rituals within the Sasak community.

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