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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
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Search results for , issue "Vol 23, No 2 (2025)" : 10 Documents clear
Reception of Islamic Legal Rituals Among Indigenous Indonesian Communities with Comparative Findings from Wetu Telu and Masade Yusuf, Nasruddin; Willya, Evra; Mash'ud, Imam; Kamma, Hamzah; Imamuddin, Imamuddin
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3478

Abstract

This article examines the Reception of Islamic legal rituals among indigenous Indonesian communities through a law-centered comparative design. This study understands reception as the selection, reinterpretation, and substantive integration of Islamic ritual norms into local practice. The framework juxtaposes doctrinal analysis of fiqh (Islamic jurisprudence) categories, namely ibādāt taʿabbudī/tawqīfī (worship rituals strictly bound to canonical pillars and conditions) and muʿāmalāt/ahwāl al-shakhṣiyyah (social transactions and personal status), with ethnographic and historical materials. The analysis assesses four equivalent domains: core obligations of worship, calendrical ordering, sacred space and authority, and life-cycle rites. Findings indicate that the Wetu Telu (Sasak "three times" tradition) community in Lombok exhibits primarily substantive Reception, in which ritual form and legal intent converge and are institutionally embedded. By contrast, the Masade (Sangihe "Old Islam" community) exhibits a more selective and symbolic reception, maintaining Islamic identifiers while limiting ritual obligations and temporal coordination within a localized sacred order. These patterns clarify how ʿurf (customary practice) can sustain or reframe Fiqh in indigenous settings without reducing analysis to a simple binary of "orthodox" versus "syncretic." The article contributes a scalable matrix for assessing ritual reception across communities and highlights implications for legal pluralism and the living law of Islam in Indonesia.
Reconstructing Takaful Participation in Makassar: Integrating Maqāṣid Al-Sharī‘ah, Cultural Embeddedness, and Sociological-Juridical Perspectives Hasibuddin, Muhammad; Akil, Muhammad; Ardi, Ardi; Susfita, Mira
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3881

Abstract

Takaful participation in Makassar remains low despite its role as a regional center for Islamic finance, indicating a gap between institutional development and societal acceptance. Existing studies have not fully explained how maqāṣid al-sharī‘ah values intersect with local socio-cultural structures or how social, cognitive, and legal factors shape participation. This study addresses these gaps by examining these dynamics and proposing a culturally grounded reconstruction model. Using a qualitative sociological-juridical approach, data were collected from 22 informants, including takaful agents, religious scholars, regulators, and policyholders, through semi-structured interviews, observation, and document analysis. Analysis followed the Miles Huberman Saldaña interactive model with triangulation to ensure validity. We employed a maqāṣid-based hermeneutical lens to interpret values such as ḥifẓ al-māl and ḥifẓ al-nafs, as well as taʿāwun, alongside the local cultural ethos of siri’ na pacce. Findings indicate that low participation is not due to resistance to Islamic principles, but rather to a misalignment between formal takaful mechanisms and community-based solidarity norms. The study introduces the Maqāṣid Cultural Embeddedness Model, integrating value reframing, institutional collaboration with religious leaders, and community-oriented micro-takaful design. This model provides conceptual and practical guidance for aligning takaful systems with maqāṣid objectives and the socio-cultural realities of Makassar.
Reconciling Customary Debt and Islamic Economic Law: A Legal-Anthropological Study of Mappajalang Dowi' in Tolitoli, Indonesia B., M. Taufan; Marzuki, Marzuki; Nasaruddin, Nasaruddin; Amrullah, Amiruddin
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3776

Abstract

This article analyzes mappajalang dowi', a harvest-linked debt practice among Bugis farmers in Puse, Tolitoli, through a legal-anthropological lens that connects Islamic legal doctrine with community practice. Limited access to salaried employment and formal financial services sustains villagers' dependence on pre-harvest borrowing, with repayment due after the harvest season. Based on a qualitative case study employing observation, in-depth interviews, and document analysis, this research reconstructs the contractual structure of the practice, particularly ijab–kabul, mutual expectations, and the proportional ziyādah (increase) that may rise when repayment is delayed. A normative assessment grounded in classical Islamic jurisprudence covering benevolent lending (qardh al-hasan), gratuitous transactions (tabarru'), and unlawful gain (riba), as well as contemporary Indonesian Sharia economic regulations and fatwas, shows that the pre-agreed ziyādah converts the arrangement into a benefit-bearing loan and therefore constitutes indicators of riba. To maintain both Sharia compliance and rural social solidarity, the study proposes alternatives such as genuine benevolent lending with explicit anti-promise clauses, the use of sale-based contracts like salam and murābahah for agricultural inputs, and the establishment of community tabarru' funds. The study presents a context-sensitive framework for enhancing Islamic economic practices in agrarian smallholder contexts.
A Phenomenological Insight into Institutional and Value Shifts Among Minangkabau Women: Implications for Understanding Muslim Minority Dynamics Yunarti, Sri; Sahid, Mualimin Mochammad; Dedi, Syahrial; Hesti, Kamila; Hasyiem, Lathifah
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3629

Abstract

This article examines the shifting role of women in Minangkabau society, the world's largest matrilineal Muslim community, where contemporary dynamics challenge traditional institutional structures and value systems. This research analyzes how social mobility, migration, and institutional changes affect Minangkabau women's position as Bundo Kanduang, situating findings within comparative perspectives on matrilineal Muslim communities in majority and minority contexts. The research employed a phenomenological approach involving observation, in-depth interviews with 40 informants across five West Sumatra districts (Tanah Datar, Agam, Lima Puluh Kota, Padang Pariaman, Solok), and document analysis. Data interpretation centered on women's lived experiences to understand institutional and value transformation dynamics. Results reveal women's roles shifted from collective matrilineal responsibilities to nuclear family focus, driven by external factors (globalization, education, inter-ethnic marriage) and internal factors (value reinterpretation, institutional desacralization). Traditional institutions like Rumah Gadang and Bundo Kanduang organizations experienced functional decline. Comparative analysis demonstrates that Minangkabau women in majority Muslim contexts navigate internally-driven changes with substantial adaptive space for syncretic shariah-adat negotiation, while matrilineal Muslim minorities face intense external pressures from dominant patrilineal legal frameworks, resulting in accelerated institutional transformation with constrained individual agency. Role transformation results from complex global-local interactions, with adaptation mechanisms differing systematically between majority and minority contexts. These findings illuminate Islamic family law's differential flexibility across socio-political settings and provide crucial insights for developing culturally sensitive policies supporting matrilineal Muslim communities navigating modernization pressures globally.
Flexibility of Rejang Semendo System in Modern Marriage Law: An Islamic‑Law Analysis Shesa, Laras; Jalaluddin, Jalaluddin; Yuniardi, Harry; Kholid, Muhamad; Utami, Henny Septia
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3595

Abstract

The Semendo constitute an indigenous ethnic group in South Sumatra, Indonesia. This research aims to analyze the flexibility of the Semendo system in Rejang customary law and its conformity with the principles of Islamic law, particularly within the framework of maqāṣid al-syarī'ah. This study employs a normative-juridical method, utilizing a conceptual and comparative approach to analyze customary norms, Islamic legal principles, and national marriage law provisions. The findings indicate that the Semendo system, particularly the Semendo Rajo-Rajo model, demonstrates a significant accommodating character towards the values of justice, equality of rights, and the protection of property and lineage, which are integral parts of maqāṣid al-syarī'ah. Its flexibility allows it to function as a contextual and adaptive alternative model of marriage law. In conclusion, the integration of customary law values and Islamic law in the Semendo system provides a strong foundation for a more inclusive and culturally rooted reformulation of national marriage law in Indonesia. This study contributes to the scientific discourse by offering a methodological framework for harmonizing local wisdom with Islamic legal principles, which can be applied to the study of other customary law systems across the archipelago. Furthermore, it provides an academic foundation for the future development of a more pluralistic and context-sensitive national marriage law.
Living Constitution in Islamic Constitutional Law: A Comparative Study of Gorontalo Customary Constitutional Law in Majority and Minority Enclave Contexts Moonti, Roy Marthen; Akili, Rustam Hs.; Kadir, Yusrianto; Bunga, Marten; Halfaoui, Amro
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3566

Abstract

This study analyzes the operationalization of Gorontalo customary law as a living constitution within the framework of Islamic Constitutional Law in two different demographic contexts: a Muslim majority society in Gorontalo Province (98.1%) and a Muslim minority enclave in Ternate Tanjung Sub-District, Manado City (86.7% at the sub-district level and 31.9% at the city level). Using a socio-legal comparative research approach, this study examines how adat-Islamic constitutional norms function, adapt, and obtain legitimacy within different constitutional structures. Data were collected through in-depth interviews with four key informants, comprising two Gorontalo customary leaders and two Manado community leaders. The findings demonstrate that the principle "Adati hula-hulaa to Syara’, Syara’ hula-hulaa to Qur’ani" functions as the basic norm (substantive grundnorm) of Gorontalo Islamic Constitutional Law that remains stable across demographic contexts. However, the constitutional operationalization mechanism undergoes transformation. In the Muslim majority context, customary law operates formally through the Buwatulo Taulongo institution, which enjoys dual legitimacy, both customary and state, thereby forming a local living constitutional order. Conversely, in the Muslim minority context, customary law operates flexibly-informally through family deliberation and ad-hoc mediation by sub-district officials, imams, and the Office of Religious Affairs. This transformation is not degradation, but rather constitutional rearticulation aligned with the principles of Fiqh al-Aqalliyyat: yusr, maslahah mursalah, muwatanah, and tadarruj. This research develops a layered Living Fiqh al-Aqalliyyat model from an Islamic Constitutional Law perspective, expanding the concept of a living constitution from temporal adaptation to demographic adaptation, particularly in the context of domestic Muslim minorities in Eastern Indonesia.
Adaptation of Islamic Law in the Dutch Colonial Era: Fiqh al-aqalliyyāt, Maqasid Al-Shariah, and Its Legacy for Modern Indonesian Islamic Legal Institutions Zaini, Ahmad; Ridho, M. Zainor; Muttaqin, E. Zaenal; Yussof, Hilmy Baihaqy
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.2758

Abstract

This study examines the dynamics of Islamic jurisprudence (Fiqh al-aqalliyyāt) during the Dutch colonial period in Indonesia, with a focus on the role of Maqasid al-Shariah (Islamic principles) in guiding the adaptation of Islamic law amidst the dominance of colonial law. In a situation where Muslims were in a minority position politically and in power, Islamic law underwent a process of negotiation and adjustment, both through religious court institutions and social-religious practices in society. This study employs a historical-comparative approach to examine the interaction between Islamic law and colonial law, and to investigate its long-term implications for the structure and functioning of contemporary Islamic legal institutions in Indonesia. The results show that the adaptation of Islamic law in the colonial era was driven not only by the need to maintain the identity and continuity of sharia but also by considerations of benefit in line with the principles of Maqasid al-Shariah. This historical legacy has had a profound influence on the modern Islamic legal framework, both in its institutional aspects and in the legal substance that remains applicable to this day.
Negotiating Islamic Law and Customary Practice: Fiqh al-Aqalliyyat and Restorative Justice in Banjar Inheritance Disputes Sarmadi, Ahmad Sukris; Hafidzi, Anwar; Mohlis, Mohlis; Yunin, Oleksandr; Korniienko, Maksym
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3673

Abstract

Inheritance disputes in Banjar customary society extend beyond material distribution and are closely connected to kinship relations, moral obligations, and communal harmony. When such disputes are resolved exclusively through state law, particularly the Compilation of Islamic Law (KHI), the outcomes often fail to accommodate the social and cultural realities of indigenous Muslim communities. Formal litigation, with its adversarial structure and procedural rigidity, may intensify conflict rather than restore family relationships. This study adopts a normative legal research design using conceptual, doctrinal, and comparative approaches to examine Banjar customary inheritance mechanisms, namely bacu’ur (genealogical tracing), basuluh (moral and religious consultation), and bapatut (consensus-based deliberation). These mechanisms are analyzed through the perspectives of restorative justice and fiqh al-aqalliyyat as frameworks of contextual Islamic legal reasoning. The analysis relies on primary legal sources, including the 1945 Constitution, the KHI, and legislation on alternative dispute resolution, as well as secondary literature from legal anthropology and restorative justice studies, without employing empirical methods. The findings indicate that the Banjar karakatan system embodies restorative justice principles such as dialogue, collective responsibility, and relational repair. From the perspective of fiqh al-aqalliyyat, these practices constitute legitimate forms of Islamic legal reasoning that prioritize maslahah, islah, and social cohesion within plural legal settings. This study argues that Banjar customary inheritance resolution offers a normatively grounded model for integrating Islamic law, customary practices, and restorative justice within Indonesia’s alternative dispute resolution framework, contributing to broader debates on legal pluralism and the contextual application of Islamic law.
Gender Justice in Tudang Sipulung: An Ecofeminist–Maqāṣid al-Sharīʿah Reading of Inheritance in Bugis Bone, Indonesia Asni, Asni; Tarmizi, Tarmizi; Kiljamilawati, Kiljamilawati; Patimah, Patimah; Kartini, Kartini; Ahmad, Md. Yazid
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3572

Abstract

This article examines Tudang Sipulung, a traditional deliberative forum within the Bugis community of Bone Regency, South Sulawesi, as a culturally embedded mechanism for the distribution of inheritance. Using an ecofeminist perspective alongside the framework of maqāṣid al-sharīʿah, the study employs an empirical legal approach combined with legal-anthropological analysis. Data were collected through semi-structured interviews with religious leaders, local government officials, and heirs, supported by field observations and an examination of religious court decisions and village archival records. The findings show that women actively participate in inheritance deliberations and play a significant role in maintaining both family harmony and environmental sustainability. Their involvement reflects a close relationship between women’s economic responsibilities, household livelihoods, and ecological awareness. The practice of Tudang Sipulung demonstrates the protection of wealth (ḥifẓ al-māl) through negotiated and equitable distribution; the protection of lineage (ḥifẓ al-nasl) by reducing intrafamily conflict; and the protection of life (ḥifẓ al-nafs) by discouraging excessive accumulation and social tension. Conceptually, this study contributes to Islamic legal scholarship by reading customary inheritance practices through the combined lenses of ecofeminism and maqāṣid al-sharīʿah. In practice, it offers a gender-sensitive, environmentally grounded mediation model that may inform the resolution of inheritance disputes in pluralistic social settings.
Negotiated Gender Equality in Multireligious Families: Muslim Minority Households in Tana Toraja Abbas, Sitti Aisyah; Khatimah, Nur Husnul; Pajarianto, Hadi; Pribadi, Imam; Duriani, Duriani; Elihami, Elihami
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3750

Abstract

This study examines the strategies employed by Muslim minority families in Tana Toraja to foster harmony and gender-balanced relationships within multireligious household settings. Using a qualitative phenomenological design, the research draws on extended interviews and close observations of five families formed through religious conversion. The analysis shows that everyday family life is shaped less by rigid patriarchal expectations than by negotiated understandings of roles and responsibilities, allowing men and women to construct a shared moral framework that remains sensitive to their differing religious commitments. Women, in particular, often act as stabilizing figures who sustain kinship networks through social participation, educational involvement, and economic activities, while simultaneously upholding clear boundaries in matters of worship and creed. Interpreted through Maqāsid al-Sharīʿah and contemporary approaches to Islamic pedagogy (Tarbiyah), these patterns reveal an egalitarian ethos that reinforces the protection of faith and lineage by fostering an atmosphere that is both tolerant of pluralism and grounded in religious integrity. The study contributes to current debates in Islamic family law and the sociology of religion by demonstrating how negotiated gender equality becomes a practical strategy for preserving familial cohesion in multireligious contexts.

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