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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 322 Documents
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THE INFLATION AND POVERTY IN INDONESIA: CONSEQUENCE OF USURY? Azwar Iskandar; Bayu Taufiq Possumah; Khaerul Aqbar
Jurnal Ilmiah Al-Syir'ah Vol 17, No 2 (2019)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (550.822 KB) | DOI: 10.30984/jis.v17i2.918

Abstract

This research was conducted to analyze the influence and correlation of interest rates as one form of the implementation of usury practices on inflation and poverty in Indonesia. This study uses secondary data from the publication of the Central Statistics Agency (BPS) and Bank Indonesia for the period 2005-2018. This study uses Simple Linear Regression Analysis Techniques and Pearson Correlation Techniques. The results showed that interest rates as one form of the implementation of usury practices had an effect and had a positive and significant correlation to inflation in Indonesia. The practice of ribawi actually will bring a negative impact on the economy of the people in Indonesia in the form of an increase in the level of inflation in society. Measures of monetary policy intervention in maintaining price stability and inflation in society have not shown a positive impact. Also, the results of the study showed that interest rate policy also had a positive influence and correlation on the increase in the poverty depth index. That is, when interest rates are set to rise, the poverty depth index in the community also tends to go up or get worse. The findings of this study reinforce the legitimacy of the word of Allah Subhanahu Wa Ta'ala in the Qur'an and the Hadith related to the prohibition of usury practices that can lead to injustice, wrongdoing, and economic destruction of the people.
THE STATUS AND RIGHTS OF AN ILLEGITIMATE CHILD ACCORDING TO MAZHAB ASY-SYAFI'I PERSPECTIVE ON THE DEVELOPMENT OF ISLAMIC FAMILY LAW IN INDONESIA Nur Shadiq Sandimula
Jurnal Ilmiah Al-Syir'ah Vol 17, No 2 (2019)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (461.374 KB) | DOI: 10.30984/jis.v17i2.952

Abstract

The problem of free social interaction brings a grave danger to society which is involved the sexual act out of wedlock which is known as fornication (zina) and causes a harming impact on their offspring psychologically, socially and religiously in the society. This paper is trying to analyze the perspective of an order of Shafi'i on the statuses and the rights of an illegitimate child. Based on library research, this research used a descriptive analysis method to derive the data and information from primary classical textbooks of mazhab Shafi'i. The result of this research shows that according to mazhab Shafi'i, a child who was born under six months after intercourse with her legal husband is believed to be an illegitimate child of another man. The children are not related to his/her biological father and the status of the child for his / her father is an ajnabiyya (non-mahram). If the child is a girl, her biological father is fully permissible to marry her. In the conclusion, the child is not related to his / her biological father and does not have any rights from his/her biological father whether a right to receive household expenses, a guardianship for marriage, and rights of inheritance.
CELEBRATING SHARIA INDONESIA: ISLAMIC HARMONY AND PANCASILA IN THE VISION OF INDONESIAN NATIONALITY Lufaefi Lufaefi
Jurnal Ilmiah Al-Syir'ah Vol 17, No 2 (2019)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (264.374 KB) | DOI: 10.30984/jis.v17i2.951

Abstract

This article discusses and offers at the same time the issue of formalizing Islamic law in Indonesia. It started with a debate about the ideals of the formalization of Islamic law, which never ended. The debate about this has led to at least two significant views, namely fundamentalism and secularism. The first group believes that Islam is a religion that prepares solutions to all problems. In the context of Indonesians, such rules override local state laws, such as the 1945 Constitution and the Pancasila ideology. Meanwhile, the second group tried to give up religion in answering modern problems. This article uses a qualitative method, and two knives of analysis, namely socio-historical and maqāṣid of the Koran. This paper proves that the ideology of the State of Indonesia, namely Pancasila, contains substantive sharia values. The values of Islamic law are contained in every principle and are following the vision of Indonesian nationhood as a nation that harmonizes between Islam and nationality. These values are relevant to the values that exist in the country of Medina as the first country formed by the Prophet Muhammad. With the values of Islamic law in the Pancasila, Indonesia is worth mentioning as a sharia country.
RISK ANALYSIS OF ISLAMIC BANKING FINANCING BUSINESS IN INDONESIA 2014-2018 Herlan Firmansyah; Mohamad Anton Athoillah
Jurnal Ilmiah Al-Syir'ah Vol 17, No 2 (2019)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v17i2.957

Abstract

The purpose of this article is to analyze business risk in Islamic banking financing in Indonesia. The method used in this study is a qualitative research method with a descriptive approach. The data used in this study are secondary data sourced from Sharia Banking Statistics (SBS). The conclusions of this article are ten business risks that must be managed by Islamic banks in carrying out their functions, namely financing risk, market risk, liquidity risk, operational risk, legal risk, reputation risk, strategic risk, compliance risk, yield risk, yield risk, and investment risk. Four business risks affect the profitability of Sharia Commercial Banks (BUS) in Indonesia, namely financing risk as measured by NPF, the rupiah exchange rate measures market risk against the USD and inflation, return NCD measures risk on total deposits and investment risk measured by the percentage potential loss profit-sharing financing for mudharabah and musyarakah investment portfolios.
MASLAHAH REVIEW OF THE DOWRY (MARRIAGE COST) BUGIS-MAKASSAR COMMUNITY Sudirman Sudirman; Sabri Samin; Hasyim Aidid; Abd. Halim Talli Talli
Jurnal Ilmiah Al-Syir'ah Vol 17, No 2 (2019)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v17i2.874

Abstract

The study examines the review of maslahah of uang panaik (bride price) in Bugis Makassar community. This study method used a descriptive qualitative approach that describes the phenomenon in Bugis Makassar's society. The results of the study indicated that uang panaik is a custom or ‘urf in Bugis Makassar community that is implemented at every wedding reception. Previous Islamic jurists have built and developed the Maslahah theory which concludes that all rules in Islam were benefit-oriented. There were three levels of maslahah theory, namely maslahah daruriyyah, maslahah hajiyyah, and maslahah tahsiniyah. Uang panaik was more inclined to maslahah hajjiyyah because it was a necessity in every marriage in Bugis Makassar community.
MORAL AND SPIRITUAL GUIDANCE ON PRISONERS (CASE STUDY AT CORRECTIONAL INSTITUTION CLASS IIA PEKANBARU) Try Wiganda Irfan; Hasrul Hasrul; Isnarmi Isnarmi
Jurnal Ilmiah Al-Syir'ah Vol 17, No 2 (2019)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (603.833 KB) | DOI: 10.30984/jis.v17i2.927

Abstract

This study discusses the process of moral and spiritual coaching in correctional institution class IIA Pekanbaru. The purpose of the research is to know and analyze the form of implementation of moral and spiritual coaching in Correctional Institution class IIA Pekanbaru. This research has a descriptive method with a qualitative approach. Data collection techniques are through interviews, documentation, and observation of officials, prison officers, Dai, and priests and convicts. The results showed that the form of moral and spiritual coaching in inmates in the prison class IIA Pekanbaru is preaching (da’wah). Da’wah and imprisonment have the same role as the moral and spiritual coaching in order to form the whole person and restore human rights to socialize with the community.
THE MOSQUE BASED ZAKAT MANAGEMENT: A STUDY OF AMIL ZAKAT EXISTENCE IN BANJARMASIN Budi Rahmat Hakim; Edi Gunawan Gunawan
Jurnal Ilmiah Al-Syir'ah Vol 18, No 2 (2020)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v18i2.1126

Abstract

The main problem in this study is the legality of zakat managers' existence and the effectiveness of zakat management at mosques and langar in Banjarmasin as the most significant potential among Banjarmasin people who are known to be religious. The research seeks to reveal the existence and role, and efforts to revitalize the presence and function of amil zakat formed by the ta'mir/ mosque administrators who are the research objects. The research method applied is classified as field research. The research type is qualitative research. Data mining is carried out by interviewing the mosque ta'mir administrators and the committee / amil zakat and BAZNAS Banjarmasin administrators. Also, data collection is carried out by documentation. Based on the study results, it was found that the existence of amil zakat in most mosques in Banjarmasin. According to the zakat law, the form of committees was formed seasonally before Eid al-Fitr and did not formally and permanently establish management as Zakat Collection Units (UPZ). Only a small number of them have officially started the administration of amil zakat to become UPZ. The existence of amil, which is only ad hoc, has not shown the maximum function and role in the direction of zakat, especially in the management of zakat fitrah. Most of the amil/zakat committees formed by mosque administrators are only limited to serving the acceptance and distribution of zakat fitrah. The type of zakat mal is still relatively small. Regarding the optimization of the collection, especially the kind of zakat mal, the amil / mosque zakat committee, which is the subject of this research, has never made any efforts to pick up the ball (zakat mal) to the surrounding muzaki. Socialization or invitations for zakat distribution through amil's mosque are also only carried out in limited media (through mosque loudspeakers or banners).
THE SUPERVISION IN THE PROCESS OF INVESTIGATION AND INVESTIGATION OF CORRUPTION (POLICE AND PROSECUTION) Fence Wantu; Lusiana Margareth Tijow; Nasruddin Yusuf
Jurnal Ilmiah Al-Syir'ah Vol 18, No 2 (2020)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v18i2.1257

Abstract

The investigation process is an integral part of the investigation. Put merely, and the research is an essential part of the study. The emphasis of investigations is on finding and gathering evidence so that the criminal act found becomes apparent and can find the culprit. In principle, the analysis of a criminal case is a continuation of the research carried out previously. For an event that has been declared a criminal act by the investigator, the next step is to investigate who the perpetrator of the crime is. This research was conducted by examining field data. This writing is to provide an ideal concept of supervision in the process of suspected criminal acts and then goes to the supervision of the investigation process. The investigation is carried out by officials appointed by Law as referred to in applicable laws and regulations. Still, management needs to be carried out by all parties, including the community. This management is a fundamental affirmation that all stakeholders play a significant role in eradicating corruption that threatens society's stability and security and weakens the institutions and values of democracy and justice, endangers sustainable development and law enforcement.
THE BIOLOGICAL FATHERS HAVE CIVIL RIGHTS WITH EVIDENCE AND CONVICTION OF THEIR CHILDREN Anwar Hafidzi; Nadiyah Khalid; Rina Septiani
Jurnal Ilmiah Al-Syir'ah Vol 18, No 2 (2020)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v18i2.1127

Abstract

This paper aims to prove that Biological Children can provide Civil Relations with their fathers if they have an apparent legal force. This study differs from other researchers in the comparative aspect of normative Law and Islamic Law. This difference lies in the Constitutional Court decision results, which states that children produced outside of marriage have a civil relationship with the mother and family of their mother, father, and family of their biological father, which can be proven by DNA testing between them. Meanwhile, according to Islamic Law, children outside of marriage (Zina) only have a civil relationship or blood relationship with the mother and the mother's family. The method used in this research is a literature review with a normative approach to the Constitutional Court decision and the Scholar's opinion on children outside of marriage (Siri). This research found that children can biologically provide civil relations with their parents if done in marriage and proven by clear legalities such as witnesses and marriage documents. The presence of a decision of the Constitutional Court is a legal assurance or defense of the human rights of a citizen, whether they have the correct data and facts to their civil relations.
MAQASHID SYARI’AH AS A FILTER OF HOAX THROUGH AL-QURAN PERSPECTIVE Doli Witro
Jurnal Ilmiah Al-Syir'ah Vol 18, No 2 (2020)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v18i2.1133

Abstract

A report of the information from non-profit organization, Communication and Broadcasting Technology, namely the Indonesian Telematics Society (Mastel) in 2019, are based on the results of a survey. It is conducted with 34.60% respondents who receive hoax news every day. Not only to ordinary people, but hoaxes also has come to the educated circles. In Islamic shari'ah, all aspects of life are regulated based on the Al-Quran and Sunnah so that it creates benefit for its adherents and cannot be separated in delivering and receiving the news. Speaking through the benefits, it seems that, it has referred to the purpose of Islamic shari'ah, in which the language of religion is called maqashid syari'ah. This paper focuses on the hoax phenomenon on social media using maqashid syari'ah. This paper aims to further examine the maqashid syari'ah as a news filter on the internet. This study employs a qualitative research type of library research. The data obtained from books, journals, and articles related to maqashid syari'ah and hoaxes. After the data were obtained, the data were presented in a descriptive narrative and were analyzed by using analysis techniques, namely data reduction, data presentation, and data verification. The results show that the five divisions of maqashid syari'ah are able to answer religious previous and contemporary problems of hoaxes. Meanwhile, Maqashid syari'ah can be employed as a filter for every news broadcasted and accepted by the community.

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