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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 23, No 1 (2025)" : 10 Documents clear
Negotiating Islamic Identity Through Cultural Adaptation: A Fiqh al-Aqalliyyat Analysis of Masselle aseng Practice in Indonesian Muslim Minorities Nur, Muhammad Tahmid; Rismawati, Rismawati; Amirullah, Amirullah; Wagay, Javaid Ahmad; Nurdin, Elmiati
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3132

Abstract

This research analyzes the negotiation of Islamic identity through adaptation of the masselle aseng tradition (name-changing ritual) in Indonesian Muslim minority communities using the fiqh al-aqalliyyat framework. Using a comparative ethnographic approach, the research was conducted in three locations: Teteuri Village, North Luwu (Muslim majority context); Bugis Village, Singaraja, Bali (Muslim minority in Hindu majority); and Bugis Village, Ambon (post-conflict multireligious context). Data were collected through in-depth interviews with 18 key informants, participant observation, document analysis, and interfaith dialogue. Findings reveal a three-stage evolution model: Pure Form in a homogeneous context (Luwu), Syncretistic Fusion through interfaith collaboration (Bali), and Universalistic Translation with neutral framing (Ambon). Demographic factors, cultural compatibility, historical context, and social integration need to be systematically considered in adaptation strategies. Islamic legal validation through 'urf sahih principles evolves from internal mechanisms to collaborative authority involving non-Muslim perspectives. Interfaith dynamics produce three engagement models: separation, active collaboration, and diplomatic neutrality. The research contributes to the fiqh al-aqalliyyat theory through the development of a dynamic authenticity framework that positions adaptation as a sophisticated survival strategy for maintaining traditional continuity while achieving social integration. This framework has broad applicability for global Muslim minority communities in navigating cultural preservation challenges and social harmony.
Negotiating Islamic Moderation: The Interplay of Sharia and Local Culture in Gorontalo, Minangkabau, and Banten Suleman, Zulfitri Zulkarnain; Tungkagi, Donald Qomaidiasyah; Suleman, Zulkarnain; Kau, Sofyan A.P.; Salleh, Mohd Afandi
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3527

Abstract

Muslim scholars and local communities have actively negotiated the Islamization process in Indonesia through complex engagements with Islamic law (sharia) and local cultural traditions. This study examines how such interactions have shaped distinct constructions of Islamic moderation in three culturally significant regions: Gorontalo, Minangkabau, and Banten. Employing a qualitative, field-based approach, the research utilizes in-depth interviews, participant observation, and document analysis to explore the integration of sharia and adat (customary law). The findings reveal three typological models of Islamic moderation: (1) an integrative model in Gorontalo, where royal diplomacy and political marriage internalized Islamic law within the framework of customary governance; (2) a negotiation model in Minangkabau, emerging from post-conflict reconciliation between ulama and customary leaders, institutionalized through the philosophy of Adat basandi syarak, syarak basandi Kitabullah; and (3) a hegemonic model in Banten, characterized by the dominance of Islamic law over local traditions, embedded within the centralized religious authority and state power. These findings suggest that Islamic moderation in Indonesia is not a singular concept but the product of historically and contextually embedded legal-cultural dynamics. The study concludes that Islamic moderation is a localized negotiation among legal norms, cultural practices, and power structures. Its academic contribution advances the understanding of legal pluralism in Muslim societies while offering policy-relevant insights for promoting religious tolerance and cultural inclusivity in Indonesia.
Islamic Legal Hybridity in the Mappatoi System: Sharia Economic Adaptation among Minority Muslim Communities in Plural Society Qamaruddin, Muh. Yusuf; Salju, Salju; Harahap, Burhanuddin; Tamami, Ahmad; Isman, Ainul Fatha; Katman, Muhammad Nasri; Wan Zulkiffli, Wan Farha binti
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3556

Abstract

This study analyzes the implementation of Islamic economic principles in the mappatoi system as a form of sharia economic adaptation among minority Muslim communities in Cendana Putih 1 Village, North Luwu, living in a plural society dominated by Hindu customary systems. The research employs a qualitative approach with a case study design. Data were collected through participant observation, in-depth interviews with Muslim and Hindu farmers, and document analysis. Data analysis utilized a descriptive-qualitative approach with a fiqh al-aqalliyyat framework. Findings reveal the phenomenon of "Islamic legal hybridity in minority agrarian economics" where the mappatoi system functions as vernacular Islamic economics that maintains maqasid al-shariah through creative adaptation. The study also discovered "unconscious Islamic compliance" among Hindu participants, demonstrating convergence of universal ethical values. The research develops a theoretical framework of "Islamic Legal Hybridity" that explains how Islamic economic principles can be adapted within traditional economic systems through sophisticated value negotiation. Occupational homogeneity in the agricultural sector serves as a cross-religious bridge facilitating sustainable economic cooperation.
Developing Inclusive Regulations for Muslim Disabled Entrepreneurs' Access to Sharia Fintech: Legal and Accessibility Perspectives Noor, Afif; Maruf, Maruf; Mawahib, Muhamad Zainal; Habib, Muhammad Akmal
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3194

Abstract

In Indonesia, Muslim persons with disabilities (PwDs) face significant barriers in accessing financial services, including Sharia-based fintech platforms. This study aims to develop inclusive regulatory strategies to enhance their access to Sharia-compliant fintech funding. Employing a normative legal approach and conceptual analysis based on maqashid sharia, the research highlights the lack of integration between digital accessibility standards such as the Web Content Accessibility Guidelines (WCAG) and current Sharia fintech regulations. The findings propose a five-part inclusive strategy grounded in the principles of justice (al-‘adālah), facilitation (al-taysīr), and the removal of hardship (raf' al-ḥaraj): identifying accessibility needs, designing adaptive regulations, enhancing human resource capacity, integrating cross-sectoral policies, and establishing participatory monitoring and enforcement. This framework not only empowers Muslim disabled entrepreneurs within Indonesia but also holds global significance, especially for Muslim minority communities in non-Muslim countries such as China. Indonesia’s experience demonstrates that inclusive Sharia fintech regulations can be framed within universal legal and ethical values, making them adaptable to diverse socio-legal contexts. This study contributes to building a more inclusive and equitable Islamic financial ecosystem that promotes dignity, empowerment, and access for all, particularly those who are socially and economically marginalized.
Towards Discursive Justice: An Integrative Foucault-Islam Framework for Critical Media Discourse Analysis in Justice Issues Qudratullah, Qudratullah; Nohong, Mursalim; Iqbal, Muhamad; Susanti, Ressi; Alkanan, Omer Mohamed Taha
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3196

Abstract

This research aims to analyze the construction of online media discourse in the "Vina Cirebon" case through the integration of Foucauldian discourse analysis and Islamic legal perspectives to understand the dynamics of power, knowledge, and justice in media narratives. Using a qualitative approach with case study design, this research analyzes six Kompas.com news articles from January-June 2024 selected purposively. The analytical method includes critical discourse analysis based on Foucault's model examining knowledge systems, power-knowledge relations, regimes of truth, and subject construction, which is then evaluated using Islamic legal perspectives on principles of justice (al-’adl), transparency (al-wuduh), and protection of human dignity (karamah al-insan). Research findings reveal that media operates as a discursive apparatus legitimizing institutional dominance of the Indonesian National Police (POLRI) in controlling information production and distribution, where "truth" is constructed through discursive practices that marginalize alternative perspectives. Islamic legal evaluation shows misalignment between media practices and Islamic justice principles, particularly in transparency and protection of individual dignity. This research produces the innovative concept of "discursive justice" that demands media practices to be not only procedurally fair but also substantively protective of human rights. The findings indicate the need for transformation of the media ecosystem towards more responsible and ethical practices in the context of justice.
Legal Pluralism in the Tayade System: Reconciling Land and Plant Ownership Laws in Gorontalo Lahaling, Hijrah; Rahim, Arhjayati; Beddu, Sumiyati; Aribah, Dzikra Ridha Dwi; Saharuddin, Saharuddin
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3325

Abstract

This study examines the legal uncertainty surrounding the Tayade land and tree transaction system in Gorontalo, Indonesia, which lacks formal regulations under both positive and Islamic law. The Tayade system separates ownership rights between land and vegetation, resulting in dual ownership over a single plot. This research explores solutions to the dual ownership issue and its implications for land and tree owners. A comparative approach with descriptive methods was used, analyzing land and tree transaction rules from positive and Islamic law perspectives through a literature review. The findings reveal that the absence of clear regulations creates legal uncertainty and potential conflicts due to inconsistencies between Tayade customary law, positive law, and Islamic law. The study concludes that harmonizing these legal systems is essential for effectively managing land and vegetation rights. Such harmonization would strengthen legal certainty and reduce conflicts in transferring rights under the Tayade system. The study recommends the development of more specific regulations to govern the practice, ensuring more transparent and more appropriate legal frameworks for the community.
Navigating Halal Tourism: Perceptions and Behaviors of Non-Muslims in the Muslim-Minority Context of Manado City Djamali, Radjab; Kindangen, Paulus; Masinambow, Vecky A. J.; Taroreh, Rita N.; Nurhayati, Laily; Hermawan, Tulus
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3501

Abstract

This study aims to examine the perceptions and behaviors of the non-Muslim community in Manado towards halal tourism, particularly in the context of a Muslim-minority region. As halal tourism gains momentum, driven by Muslim travelers seeking destinations that align with Islamic principles, it becomes crucial to understand how this tourism concept is perceived in areas with predominantly non-Muslim populations. Using a qualitative approach with a descriptive methodology, data were gathered through in-depth interviews and observations, followed by analysis based on Miles and Huberman's interactive model. The findings reveal diverse perceptions of halal tourism among non-Muslim residents of Manado. While most participants associate halal tourism with halal food and an environment adhering to Islamic principles, others interpret it more broadly, relating it to cleanliness, orderliness, and respect for social and cultural diversity norms. Despite these varying perspectives, most participants favor developing Manado as a halal tourism destination. These findings provide valuable insights into the integration of halal tourism in non-Muslim-majority contexts, offering implications for policy development and the future of halal tourism in Indonesia.
Strengthening Sharia Economics in Jayapura's Muslim Minority Communities through Fiqh al-Aqalliyyat Jubaedah, Dedah; Solehudin, Ending; Berizi, Ahmad; Mutakin, Ali; Nurhasana, Nurhasana; Parhan, Parhan; Gómez, José Manuel Naranjo
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v%vi%i.3265

Abstract

The Muslim community in Jayapura faces significant challenges in implementing Sharia-based economics, chiefly due to persistent social stigma surrounding halal products and limited public understanding of Islamic economic principles. This study explores how Fiqh al-Aqalliyyat a flexible jurisprudential framework can address these challenges within a multicultural society. Adopting a qualitative case study methodology, the research draws on interviews with 14 key local stakeholders, including government officials, religious leaders, and business owners. Data were gathered through purposive sampling and analyzed thematically to identify key barriers and viable solutions. The findings indicate that social stigma and inadequate infrastructure impede halal product promotion. Nevertheless, significant opportunities exist, including a growing demand for halal goods, government support for Sharia-compliant capital markets, and the active engagement of religious institutions. The novelty of this research lies in its integration of Fiqh al-Aqalliyyat and Maqasid al-Sharia as analytical frameworks to address the specific socio-economic realities of a Muslim minority in Jayapura, offering practical insights applicable to similar contexts elsewhere.The Muslim community in Jayapura faces significant challenges in implementing Sharia-based economics, chiefly due to persistent social stigma surrounding halal products and limited public understanding of Islamic economic principles. This study explores how Fiqh al-Aqalliyyat a flexible jurisprudential framework can address these challenges within a multicultural society. Adopting a qualitative case study methodology, the research draws on interviews with 14 key local stakeholders, including government officials, religious leaders, and business owners. Data were gathered through purposive sampling and analyzed thematically to identify key barriers and viable solutions. The findings indicate that social stigma and inadequate infrastructure impede halal product promotion. Nevertheless, significant opportunities exist, including a growing demand for halal goods, government support for Sharia-compliant capital markets, and the active engagement of religious institutions. The novelty of this research lies in its integration of Fiqh al-Aqalliyyat and Maqasid al-Sharia as analytical frameworks to address the specific socio-economic realities of a Muslim minority in Jayapura, offering practical insights applicable to similar contexts elsewhere.
The Authority of Ex Officio Judges in Protecting Women's and Children's Rights Post-Divorce at the Manado Religious Court Salma, Salma; Subeitan, Syahrul Mubarak; Bilalu, Naskur; Zakariah, Asril Amirul; Muhammad, Adamu Abubakar
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3318

Abstract

This study examines how judges' ex officio authority is applied to secure the rights of ex-wives and children following a divorce at the Manado Religious Court and the challenges judges face in exercising this authority. It focuses on fulfilling iddah alimony, mut'ah, and child support by the ex-husband and applying ex officio authority in divorce cases. Using an empirical legal approach, the research collects data through in-depth interviews, observations, and documentation. Primary data was gathered from interviews with Manado Religious Court judges and relevant parties, while secondary data was sourced from legal literature and regulations. The findings show that, although legal provisions exist to protect the rights of ex-wives and children, their implementation is hindered by social and economic factors, as well as difficulties in enforcing court decisions. Furthermore, ex officio authority is not always consistently applied, with some judges rarely using it or relying solely on trial evidence. Key challenges include claims of financial incapacity by the ex-husband and lengthy, costly execution processes, undermining the effectiveness of fulfilling these rights. The study also reveals the lack of clarity regarding criminal sanctions for ex-husbands neglecting their alimony obligations.
Adolescent Forced Marriage and Community Misconduct: Rethinking Islamic Family Law Larasati, Yuniar Galuh; Fernando, Henky; Barkah, Qodariah; Prasojo, Zaenuddin Hudi; Atika, Atika; SA, Romli; Masruroh, Ainul; Sintang, Suraya; Morin, Leanne
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3367

Abstract

The normalization of forced marriage as a response to adolescents' involvement in behaviors perceived by their communities as socially or religiously inappropriate, such as premarital interactions or relationships beyond culturally sanctioned norms, may result in complex and disproportionate consequences for the adolescents involved. This study addresses gaps in prior research by exploring the characteristics of these cases, the prevailing community interpretations, and the rationale behind legitimizing forced marriage as a form of moral resolution. The findings highlight three key insights. First, forced marriage is often constructed as a culturally informed response to situations involving behaviors considered socially sensitive. Second, People commonly understand such practices as preserving family honor and fulfilling communal or religious expectations. Third, these responses are typically driven more by shared moral and cultural frameworks than by considerations of the adolescent's rights and well-being. This study contributes to the discourse on Islamic family law by illustrating how community-based interpretations of morality, honor, and religious obligation may shape the application of legal and ethical principles in cases involving adolescents, particularly within the framework of protection and justice for minors.

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