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INDONESIA
Jurnal Ilmiah Al-Syir'ah
ISSN : 16934202     EISSN : 25280368     DOI : -
Core Subject : Education, Social,
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
POVERTY AND RELIGIOSITY: THE ‘MISSING LINK’ FROM ISLAMIC PERSPECTIVE Ahmad Azrin Adnan; Rosdalina Bukido
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.v18i2.1149

Abstract

Poverty is highly associated with many negative measurable aspects of life. Therefore, it is often regarded as a sign of failure. One of the arguments that prove this premise is that poverty is closer to disbelief. By rejecting doubt to preserve religion, a group that adheres to its logical religion will avoid poverty. Poverty in Kelantan shows the opposite. In a state of extreme religious adherence in terms of understanding, beliefs, and practices, more than half of the poor in Kelantan are hardcore poor. At the same time, the hardcore poor and the poor in Kelantan have the highest number in Peninsular Malaysia. This paper aims to study the relationship between poverty and religiosity in Kelantan. About 3,000 poor in ten provinces in Kelantan selected as respondents through stratified sampling. This study has demonstrated the true definition of poverty which includes the element of soul. It is clearly different from current definitions that focus more on property ownership.
ADMINISTRATION AND FINANCE SYSTEM OF THE OTTOMAN EMPIRE Meirison Meirison
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.v18i2.1113

Abstract

The article aims to reveal the form of administration of the Ottoman Empire, which is not much discussed in history books, especially in Indonesia, an administration that seems chaotic. The description and form of administration take from various sources, especially in the collapse and degradation of leadership. The author tries to explain the advantages and disadvantages of the Timar system run by the Ottoman Turkish Empire. Data collection is carried out through literature study, data verification, interpretation, and financial administration chronology writing. The results show that the Ottoman Empire system of government has developed according to its territory-administration of agricultural Land managed by Sipahi and Subasyi. In implementing the Ottoman Islamic Sharia, the judges have the task of settling civil, criminal, and financial cases in coordination with the regional government and the government. At a glance, the Ottoman had a feudal system similar to the West's system at the time, but there were fundamental differences in land ownership. Land tenants in the West have no right to enjoy the harvest, let alone control the Land for generations. Slaves in Western Europe cannot be separated from hereditary Land. They cannot enjoy the agricultural products they have worked for themselves the Timar system's dysfunction results in losses in military, economic, social, and educational procurement. Even though, when analyzed in the Timar system, many support food security. However, this system still illustrates the principle of the land system adopted by Islam, namely Land to the tiller.
THE IMPLEMENTATION OF MARRIAGE GUIDANCE FOR PROSPECTIVE BRIDALS BY THE RELIGION MINISTRY OF MANADO Salma Salma; Ahmad Rajafi
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.v18i2.1192

Abstract

Divorce in Manado includes the highest in North Sulawesi, while the office of Religious Affairs has long run the course for prospective brides. After that, it brought forth a new regulation on marriage guidance brides was born in 2009 with a detailed curriculum and modules in 2016. This marriage guidance is the urgency of this research to examine the implementation of marriage guidance in Manado's city. This research's field is qualitative with data collection through observation, interviews, documentation, and the SWOT analysis approach.  The results were found that many obstacles in the level of implementation, from disproportionate budgeting, not using a certified facilitator, the implementation that was not in accordance with the technical guidelines namely for sixteen hours of learning divided into two days; with a division of time of eight hours on the first day and eight hours on the second day.
The Radicalism Prevention Policy in State Islamic Religious Universities in South Sulawesi: An Overview of Maqasid Syari'ah Lukman Arake; Ismail Keri; Syawaluddin Hanafi
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1180

Abstract

 This study aims to raise the perspective of Islamic law on the policy of preventing radicalism at PTKIN in South Sulawesi, which is by dharuriyyat al-khamsah in maqasid shari'ah. This research is qualitative research with a maqasid sharia approach with data collection methods obtained through documentation and interviews. The results of this study found that; First, The stipulation of the Chancellor's Decree regarding the ethics committee and appointing several lecturers from the leadership element, as well as the involvement of senior lecturers providing an understanding of peace and Islam as a religion of rahmatan lilalamin, then supervising academic activities, having strict, active, and consistent duties in carrying out ethics committee sessions, considered capable of preventing radically oriented behaviour. Second, build the image of the campus as a centre for Islamic studies and Bugis culture. Third, to provide room for discussion, both through seminars and face-to-face, especially with students exposed to radicalism. Fourth, make a study of Religious Deradicalization, which aims to prevent radicalism and strengthen religious moderation. When viewed from the perspective of maqaṣhid shari'ah, some of these efforts in preventing radicalism in several PTKIN in South Sulawesi are very important to determine as the main factor in efforts to deradicalize religion and also religious moderation. As relevant to the values of maqaṣhid shari'ah, which uses some of its features, namely universality, the interplay of hierarchies, and openness (freedom of the academic pulpit).
Legal Analysis Towards Mining in North Sulawesi Post the Implementation of Law Number 3 Year 2020 Hasyim Sofyan Lahilote
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1406

Abstract

The issuance of Law No. 3 of 2020 as an amendment to Law No. 4 of 2009 concerning Mineral and Coal Mining, has changed the supervisory mechanism for the implementation of mineral and coal mining in the regions. This study aimed at analyzing the legal mining exploration in the regions associated with the principle of decentralization based on regional autonomy. The method used in this study is empirical juridical, and the results obtained illustrate that the issuance of the new mineral and coal law will cause a minimum role for local governments, both provincial, district and/or city in monitoring mining in the regions, especially in terms of mining exploration. It is because the monitoring system for mining exploration becomes centralized and effects on reducing regional revenue potential.
Implementation of the Application of Multi Akad Murabahah and Rahn in the Mulia Metal Products in the Sharia Pawnshops City of Singkawang Islamic Law Perspective Zarul Arifin; Hatoli Hatoli
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1190

Abstract

The juridical operation of any sharia-based financial institution must refer to the DSN-MUI fatwa, including the multi-contract issue or better known as a hybrid contract, where has mandated by Law No. 21 of 2008 concerning Islamic Banking Article 26 paragraph (2). Two multi-contracts are permitted by the DSN-MUI in the fatwa, namely Fatwa No. 71 of 2008 concerning Sale and Lease Back and Fatwa No. 72 Years. 2008 on Ijarah Sale and Back. However, PT. Pegadaian (Persero) Alianyang Singkawang Sharia Service Unit has carried out multiple contracts (murabahah and Rahn) since the last 6 (six) years on Murabahah Logam Mulia Abadi Investment (MULIA) products for non-cash Financing of gold. There is no fatwa from DSN- MUI, so that raises doubts about the guarantee of the quality of the product. So it is essential to study how the MULIA product contract system uses the murabahah and Rahn contracts from the perspective of sharia economic law. This research is descriptive qualitative research that deepens by conducting direct interviews with the parties involved in implementing multi-murabahah and Rahn contracts. This research completed in 2019. The sources of data in this study are the leadership and staff at the Singkawang sharia pawnshop, then customers who use multi-contract product services at the Singkawang sharia pawnshop. The results of the study concluded that the application of multi-murabahah and Rahn contracts on precious metal products at PT. Pegadaian (Persero) Alianyang Singkawang Sharia Service Unit, as stipulated in Law No. 21 of 2008 concerning sharia banking, has been implemented on this product. Therefore, in the view of sharia economic law, it is permissible and justified because the system refers to the DSN-MUI fatwa No. 92 of 2014 concerning Financing that accompanied by Rahn and becomes the basis for the use of multiple contracts.
Existence of Marriage Agreements in Islam Development Studies in the Community of Malay Border Indonesia-Malaysia Asman Asman; Marilang Marilang; Kurniati Kurniati
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1256

Abstract

This article explains how the Existence of the Marriage Agreement in the Sambas Community of the Indonesia-Malaysia Border. Based on the pros and cons of the Sambas Malay Society, especially about the marriage agreement regarding taklik talak as a marriage agreement in Islam. With qualitative research methods that are phenomenological observations in the field, the author wants to describe how the existence of divorce taklik talak as a marriage agreement in Islam itself and its practice in the Sambas Malay Community and the reasons for the pros and cons of religious leaders. Almost every prospective husband and wife in marriage to the Sambas Malay Community does not say sighat taklik talak by the husband to his wife after the ijab qobul consent. Sighat taklik talak only knowing that it has been written or listed in a marriage book without being notified to the husband and wife. Although divorce taklik talak has written in the marriage certificate is not an obligation to say. Still, once taklik talak has said, the taklik talak cannot be revoked again. If an agreement with a husband and wife did not fulfil by one of the parties, then the other party has the right to submit the matter to the Religious Court to resolve it. The study concludes that the pros and cons of divorce taklik talak as a marriage agreement in Islam cause a lack of knowledge about Marriage Law Number 1 of 1974 article 29 regarding marriage agreements and the Compilation of Islamic Law (KHI) Article 46 concerning taklik talak. And the lack of socialization of related parties from KUA through religious counsellors and BP4 in Sambas.
The Role of Modern Observation in Understanding the Beginning of the Hijri Month Frangky Suleman; Djamila Usup
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1128

Abstract

This study aims to observe the determination of the beginning of the Hijri month in the implementation of Islamic holidays and contribute to modern society. The implementation of this research uses phenomenological methods and scientific approach methods, where both methods will combine several conjunction theories that occur with the results of observations. The Ministry of Religion of the Republic of Indonesia made observations with several criteria used from observations in 1970 with the height of the new moon 2°, the elongation distance between the moon and the sun reaching 3° is the distance between the moon and the sun. The age of the sun and moon when it reaches 8 hours from ijtima. The results found are that for now, with light pollution, the new moon, an object, cannot reach a height of < 2° because the parameter in determining the image of the crescent moon is the object in the form of a thin and dim line. It is concluded that the observation of the new moon with a height of < 2° could not observe, either by using tools or with the naked eye. So science is the solution to understand the theory and implementation of determining the beginning of the Hijri month.
Study on the Causes of Inaccuracy of Qibla Direction of the Great Mosque Baitul Makmur West Aceh Riza Afrian Mustaqim; Reza Akbar
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1315

Abstract

The accuracy of the Qibla direction at the Baitul Makmur Great Mosque in West Aceh cannot tolerate. The reason is that the value of deviation is so high that it does not face ainul ka'bah or even jihatul ka'bah. This Qiblah direction is not by the minimum limit of tolerance for the variation of the Qibla direction and is not by the Islamic legal status. This study examines the causes of the inaccuracy of the Qibla of the Great Mosque of Baitul Makmur Meulaboh West Aceh, namely the lack of role of figures and efforts to maintain the architecture of the mosque building. This research belongs to qualitative field research, by verifying the direction of the Qiblah with the rashdul qibla method and google earth observation to explore causes of inaccuracy. Interview techniques are also used to obtain in-depth field data. The analysis technique used is descriptive analysis. This study indicates that the inaccuracy of the Qibla direction of the Baitul Makmur Great Mosque in West Aceh is inseparable from the minor role of religious figures and leaders at the beginning of the Mosque's construction. Until now, the direction of the Mosque's Qiblah is still parallel to the mihrab. Renovations were also not carried out because of maintaining the architecture of the mosque building. Renovation of the mosque building to calibrate the Qibla direction would reduce the aesthetics of the mosque building.
The Application of Article 53 of KHI (Islamic Law Compilation) Regarding Pregnant Marriage in Lottery Marriage Neng Eri Sofiana; Muhammad Ismail Sunni
Jurnal Ilmiah Al-Syir'ah Vol 19, No 1 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i1.1453

Abstract

Pregnant marriagebecomes a phenomenon that is still happening in Indonesia and is even one of the most significant contributors to the reason for the dispensation of marriage. In Parangdistrict, Magetan Regency, pregnant marriage is also one of the solutionsfor a case in which many women get pregnant without a legal marriage. Pregnancies were not initiated from sexual intercourse between a man and a woman but were carried out by many men, so the model of determination was by lottery. Furthermore, this article will analyze the pregnant woman who is married to a man who does not impregnate her and the child's status according to article 53 of KHI. In article 53 KHI, no line explicitly explains the permissibility or prohibition of a pregnant woman to marry a man who does not impregnate her. Still, many interpret that this is not allowed.Meanwhile, a legitimate child in KHI is a child born during a legal bond. So, when DNA testing proof or the like is not done to see the legality of the child, then this child is still considered a legitimate child by both of them because they were born in a marriage bond. In sum, a pregnant marriage in a lottery marriage with a man who does not impregnate the woman has many sides of ambiguity. So, there must be a revision of article 53 and article 99 of KHI.