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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
The Lifestyle and Halal Industry Methods with Local Culture: Study of Tourism and Halal Products in Nusa Tenggara Timur 2020 Ahmad Bahiej; Makhrus Munajat; Diky Faqih Maulana
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.v19i1.1210

Abstract

The development of the tourism industry based on sharia principles has begun to attract the attention of Muslim tourists in various regions, so it needs to manage seriously and professionally. For example, in Labuan Bajo, Nusa Tenggara Timur is designated one of the four priority tourist destinations. So it is necessary to pay attention to the phenomenon that continues to develop at this time both at the local and global level, which makes halal tourism destinations a new alternative for the Muslim community to travel. This research is qualitative research with field studies and uses a legal and juridical sociology approach. By referring to several methods for conducting ijtihad, both individually and collectively, as is done by DSN-MUI with the concept of maslahah mursalah, istihsan or 'urf. The results of the study state that halal tourism is a development that cannot deny. This new concept has a benchmark as stated by the DSN-MUI with the principle of the United Nations provisions. Tourists in halal tourism not limited by differences in ethnicity, religion, race, and between groups. If there are restrictions, it is counterproductive or contrary to the essential nature of Islamic teachings that oriented to rahmatan lil 'alamin. So the halal tourism industry is an expression of the teachings of rahmatan lil 'alamin and a vehicle for friendship between people who are different in various aspects. It hope that halal tourism can develop to meet the needs of Muslim tourists so that they do not only visit conventional tourism, thus creating benefits.
THE POTENTIAL AND IMPLEMENTATION OF AGRICULTURAL ZAKAT IN AKEGURACI VILLAGE, CENTRAL OBA SUB-DISTRICT, THE CITY OF TIDORE ISLANDS Nursinita Killian; Nur Azizah Rahman
Jurnal Ilmiah Al-Syir'ah Vol 18, No 1 (2020)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v18i1.1083

Abstract

This article discusses the potential and implementation of agricultural zakat in Akeguraci village. This research aims to study the level of understanding and knowledge of the Akeguraci village farmers in the obligation of paying for zakat, especially agricultural zakat. The method used in this research is a qualitative descriptive analysis based on field research, in the form of direct observation and interviews. The result of this research indicated that the calculation and payment of the zakat of the Akeguraci village community were not following the provisions of Islamic sharia. This problem can be seen from the traditional management of zakat and the minimum level of awareness of farmers in issuing zakat so that their distribution could not be productive and on target. Public understanding reveals about zakat that must be issued is only zakat fitrah and zakat maal. While agricultural zakat has never been issued in any form. Zakat is given just as much as possible, without going through the calculation of agricultural products either by irrigation systems or purchasing water and in mobilizing workers to work to irrigate the fields
Positive Transformation of Islamic Law in Local Wisdom in the Sultan of Tidore Harun Ginoni; Fauzan Hanafi; Nur Azizah Rahman
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1479

Abstract

Tidore is one of the Islamic Sultanates in the archipelago which applies Islamic Law positively from 1495 until the joining of Tidore into the lap of the Republic of Indonesia. Islamic law in the Tidore Sultanate is no longer applied as positive law but has become a value that lives with the customs of the people of the Tidore Sultanate. This research focuses on examining the transformation of the Islamic law that once prevailed in the Tidore sultanate into values, principles, and philosophies that live in the Tidore community. This research was built with a qualitative research type with a socio-historical approach involving traditional and religious leaders as resource persons and a study of the existing "Kie Se Kolano" regulatory text so that it is expected to produce an accurate picture of the object under study. This research is expected to provide conceptual ideas in building awareness that Islamic law has actually become the volkgeist (soul of the Nation) for the Indonesian people, especially for the Tidore community, especially the younger generation who are currently being bombarded with various information that may be able to keep the younger generation away from the soul. His Nation.
Legal Construction of the Buginese Understanding Muhammad Yusuf; Ismail Suardi Wekke; Afandi Salleh; Rosdalina Bukido
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1530

Abstract

This article investigates the relevance of values of Bugis culture dan Muslim Scholars' views in Bugis Quranic exegesis by MUI of South Sulawesi. This research uses a content analysis approach to the Bugis Quranic exegesis. Bugis Muslims scholars' views about women's rights (opportunity) to be public leaders, iddah, and inheritance distribution are relevant to core values of Bugis culture and local wisdom of Bugis people. To be public leaders, women never mind as long as they fulfill qualitative and functional criteria. In household affairs, a married couple is a partnership where both have responded to do together. 'Iddah stress to religious principle and culture of siri' (self-respect), paccing (purity), asitinajang (fairness).  Inheritance distribution does relate to the right and responsibility to realize equality and justice. Muslim scholars' of Bugis have the expertise to deliver values of Bugis culture, and explanatory is not only explicitly, but also implicitly and inherently. The Quran and local wisdom are two values integrated into giving solutions to people. Therefore, the integration between local wisdom relevant to the teachings of Islam (the Koran) undertaken by the ulama will undoubtedly be more effective.
SOCIAL CONFLICT DUE TO THE CONTROVERSY OF MOSQUE’S QIBLA DIRECTION IN SEJIRAM VILLAGE, SAMBAS REGENCY Reza Akbar; Asman Asman
Jurnal Ilmiah Al-Syir'ah Vol 18, No 1 (2020)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v18i1.926

Abstract

Determination of the direction of Qibla precisely becomes very important, especially when preparing for the construction of a mosque. A mosque that the course of Qibla can determine deviates from its intended direction; this is because of many factors, such as measurement and calculation errors, tool use errors, or errors due to the construction of the Mosque. Deviation in the direction of Qibla of a mosque can cause social conflict, such as happened in Sejiram Village, Sambas Regency, in 2010-2011. This study aims to describe the social conflict that occurred in Sejiram Village due to the controversy of the direction of the Mosque’s Qibla and its impacts. This research is qualitative research with a pattern of field research through in-depth interviews to obtain primary data. Based on this research, it found that young people wanted a change in the direction of the Mosque’s Qibla after it proved to the deviant. On the other hand, older people rejected it. The social conflict has an impact on the loosening of relations between parties who got involved in the conflict. However, this conflict turned out to have a positive effect, namely increasing public knowledge about the importance of accuracy in Qibla direction, encouragement to increase understanding in worship, and slowly reducing traditions that not suggested in Islam.
STUNNING ON ANIMALS SLAUGHTER ON ISLAMIC LAW PERSPECTIVE Ahmad Yani; Rudi Ahmad Suryadi; Nurrohman nurrohman
Jurnal Ilmiah Al-Syir'ah Vol 18, No 1 (2020)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v18i1.1103

Abstract

The research aimed to analyze the study of Islamic law regarding slaughter and stunning, and provide an assessment of the benefits of the slaughter and slaughter results. The research method is a library study in which the process is by collecting book data and other reading sources. Data sources in the form of fiqh references and ICU fatwas, accompanied by empirical research findings on stunning. The main references are obtained from al-Fiqh al-Islami wa Adillatuhu, al-Haram wa al-Haram, Kasysyaf al-Qina’, and several books of hadith and fiqh. The research found that stunning is permissible by paying attention to temporary fainting animals, does not cause death and permanent injury, aims to facilitate slaughter, and not to torture animals. Slaughter by conventional means is recommended. The benefit is based on the indicator that animals die faster. Opinions of Ulama and ICU Fatwa encourage the slaughter manually without stunning.
Implementation of Regulation Number 25 in 2009 Concerning the Public Services Toward the Regional Organizations of Gorontalo District Muten Nuna; Ibrahim Ahmad; Arifin Tumuhulawa; Dikson Junus; Roy Marthen Moonti
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1496

Abstract

The research aimed to investigate the effectiveness of Regulation Number 25 in 2009 concerning public service on the organization of the local forces and investigate the hindrance factors of the implementation of Regulation Number 25 in 2009 concerning public service on the regional organizations. It was empirical juridical research employing the interview method. The technique of data analysis applied descriptive analysis. Findings revealed that the public services of Gorontalo District's regional organizations had been implemented based on the procedure operational standard and the provision of Legislation, although it was not effective. It can be seen from community satisfaction with administrative services that still need to be addressed and improved. The hindrance factors of implementing public service regulation were human resources and the availability of facilities and infrastructures. In creating public services appropriately with the Legislation, the government should be entirely done to improve employees' awareness. Society or paying attention to the organization management and adequate human resources and facilities and infrastructures can support the role of government in improving the public services, particularly the regional organizations of Gorontalo District.
The Urgency of Bajo Traditional Law as a Form of Law Enforcement Against the Performers of the Samenleven Delic Lusiana Margareth Tijow; Hoiruddin Hasibuan; Hayat Hayat
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1422

Abstract

Life in Indonesia does not recognize Samenleven's relationship because the rules of law and religion do not justify it, but there are still many things like that in Bajo Village. Bajo customary law includes the Bajo Customary Institution. In this institution, its existence helps the village government develop and regulate matters relating to local customs and solving problems regarding adultery, namely Samen Leven. This paper describes how customary law can be used as a law enforcement instrument to resolve the Samenleven offense. Semenleven is living together between a man and a woman without a legal marriage bond. This research uses the type of empirical normative research. The data types used are primary and secondary data sources using several approaches. The results show that the use of Bajo customary law, as a form of law enforcement against the perpetrators of the Samen Leven offense, will create a bargaining justice where customary law is used as the first route in resolving a conflict between victims, perpetrators, and the community. The consequence is that the perpetrator must admit that he has been guilty and is willing to take responsibility for his mistake following applicable customs. The Bajo Customary Council uses customary law as a reference to resolve any problems that occur in Bajo Village, Tilamuta District, namely customary law by deliberation/mediation.
THE HUSBAND POSITION IN BAJAPUIK MARRIAGE DYNAMICS IN PARIAMAN Restia Gustiana
Jurnal Ilmiah Al-Syir'ah Vol 18, No 1 (2020)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v18i1.953

Abstract

This research conducted to see the position of the husband in a traditional Pariaman marriage known as a Bajapuik marriage. Pariaman is a part of the Minangkabau region, which had opted for the matrilineal system, which affects customary marriages, namely, after marriage, some rights and obligations of the husband are more controlled by the mamak (chiefs who come from the wife's family). This study uses qualitative research in a field research system (Field Research) with an anthropological (ethnographic) approach. The subject of this study leads to key informants that researcher chooser and only (random) based on specific criteria and categories that can describe condition subjectively in the field. The findings of this study indicate that Bajapuik marriage affects the position of the husband in the family. The husband's position in family decisions only an input because the husband is considered a newcomer. The findings of this study reinforce the opinion of Poloma, an action someone will get social sanctions that is along with the times the husband's position began to shift as well as mamak. Mamak is no longer able to carry out her role all rights and obligations are handed over to her husband as well as her husband, who had previously had no burden in providing for his wife and children, bécame an obligation.
Hacking Muhammad Syahrûr's Hudûd Theory and Its Relevance to the Inheritance of Sangkolan Madurese People Moh. Mujibur Rohman; Siti Muafatun
Jurnal Ilmiah Al-Syir'ah Vol 19, No 2 (2021)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v19i2.1625

Abstract

Muhammad Syahrûr is a modern thinker from Damascus with the theory of hudûd or limits in interpreting the verses of the Qur'an (or al-Tanzîl al-Hakîm). One of the theoretical scopes offered is hâlah al-hadd al-adnâ wa al-hadd al-a'lâ mâ'an (minimum and maximum limits simultaneously) which he applies to the inheritance verse. Syahrûr in interpreting the inheritance verse is quite different from classical scholars. He considered classical scholars too rigid in interpreting the inheritance verse. At the same time, for Syahrûr the 2:1 concept would move dynamically according to the hudûd that God had determined in the inheritance verse. The research method used is normative-empirical with a qualitative approach. This study aims to relevance the theory of hudûd Muhammad Syahrûr with the practice of inheritance of the Madurese community in the form of sangkolan. The results of this study indicate that between Syahrûr's hudûd theory, there is relevance to the practice of Sangkolan inheritance of the Madurese community in realizing gender justice either individually (nadzrah al-fardiyah) or collectively based on majmû'at al-dzukûr and majmû'at al-inâts.