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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 STUDY OF SOCIAL JURIDIC AGAINST IMPLEMENTATION OF WAKAF IN MAKASSAR Budiarti Budiarti; Imelda Wahyuni
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.v18i1.960

Abstract

Waqf is a legal act that lives, grows, and develops in the life of the Islamic community as one of the religious institutions that are considered capable of improving the welfare of the people. Along with this, the government has established organic legal products as a basis for optimizing the implementation of representation during community life through Law Number 41 of 2004 concerning Waqf. For this reason, this study analyzes the effectiveness of the application of legal products in improving the welfare of the people in Makassar City. The socio-juridical approach used during the research process. Observations, in-depth interviews, and document searches applied during data collection. The research confirms that the management of waqf has not run optimally as the basis for reference in legal products about waqf. The waqf not optimally because the socialization factor does not run optimally. Besides, the use of waqf objects that have not professionally managed leads to productive waqf. The factors that happen because it is a factor of understanding about waqf by Muslims. Waqf object factors, and factors of waqf management and professionalism of Nazir because it is very urgent to advocate the community and Nazir to optimally develop the potential waqf that has been represented by the community.
Zakat as a Local Revenue in Aceh: A Dynamics of Policy Implementation in the Local Realm Dahlawi Dahlawi; Saddam Rassanjani; Herizal Herizal
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.v19i2.1659

Abstract

The legitimacy given by the central government to Aceh through Law Number 11 of 2006 concerning the Aceh Government has resulted in a policy of managing Zakat as a source of regional income in Aceh by Baitul Mal Aceh (BMA). Qanun Number 10 of 2018 concerning Baitul Mal is the basis for realizing these ideals. This research tries to look at the dynamics of policy implementation in the local realm using George C. Edwards III's theory. The authors apply qualitative research to get the desired conclusion by observing and interviewing several respondents, especially those implementing the policy. In implementing Qanun Number 10 of 2018, Baitul Mal has experienced many obstacles; zakat management as local revenue cannot be implemented according to sharia regulations but must follow regional financial management guidelines. Therefore, it is necessary to make further adjustments to qanuns or derivative legal rules to make their management more optimal and follow Syar'i provisions.
TALAQQI RUKBAN AND IHTIKAR IN THE TRADITIONAL MARKET AT MAKASSAR IN PERSPECTIVE OF ISLAMIC ECONOMIC LAWS Nurnaningsih Nawawi
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.v18i1.1074

Abstract

This article discusses talaqqi rukban, a buying and selling tactic that seen as violating Islamic Economic Law. Where this practice is detrimental to sellers who sell their agricultural products because they are hindered by unscrupulous buyers who offer the prices of such farm products at prices far below the actual market price. This trading system, of course, is a fraud because the seller of agricultural products does not know the actual price and suffers from it. There are also sellers in the market monopolize certain goods in the market so that the costs of these goods rise dramatically. Sellers who carry out the monopoly get big profits while the people who become consumers are disadvantaged. This practice in Islam is called Ihtikar. This research uses descriptive qualitative research methods with a normative sociologies approach. In Islamic Economic Law, this practice strictly prohibited. It is a prohibited sale and purchase, but in Makassar, the practice of Talaqqi Rukban and Ihtikar still often occurs, whereas when viewed from the background of the Talaqqi Rukban and Ihtikar perpetrators are religious people. Of course, the practice is following Islamic Economic Law based on the Qur'an and Hadith. This research will propose a system, form, and analysis of some views of Jumhur scholars about the law, the terms of sale and purchase, which are: forbidden, obligatory, Sunnah, and makruh following Islamic economic law.
Juridical and Sociological Considerations of Judges in Granting Marriage Dispensation after Enactment Law No. 16 Of 2019 Maimunah Maimunah; Abdul Helim; Noor Aina; Rabiatul Adawiyah
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.v19i2.1460

Abstract

This research is motivated by many applications for dispensation for Marriage after implementing the latest law related to the age limit for Marriage. This study examines judges' considerations from both normative and social aspects so that this dispensation application can be accepted. This research focuses on 1) how does the Judge review the application for a marriage dispensation after enacting Law Number 16 of 2019 at the Palangkaraya Religious Court? Religion of Palangkaraya?. This empirical research uses a statute approach and Islamic law. The research subjects are 5 (five) judges and 2 (two) informants who are substitute clerks at the Palangkaraya Religious Court. Data were collected through observation, interviews, documentation and analyzed through Islamic Laws and normative. The results of this study indicate that judges in deciding cases of marital dispensation do not only look at the Completeness of the legal administration. But also from a sociological perspective, granting a dispensation application sees aspects of the benefits that must be obtained to avoid more significant damage. The implication is that changes of the law related to marriage dispensation are increasing because it becomes a procedure to complete the marriage administration for underage couples in the provisions of the law.
Astronomical Analysis: Viral Video of the Sun Rising from the North in Jeneponto Andi Muh. Akhyar; Fatmawati Fatmawati; Rahma Amir; Nur Amalia; Achmad Nasyori
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.v19i2.1645

Abstract

This study aims to conduct an astronomical analysis of the viral video of the Sunrise from the north on Thursday, June 17, 2021, in Jeneponto Regency, South Sulawesi, Indonesia. The video shows a man testifying to the Sun's position in the north and associating this phenomenon as one of the signs of the Day of Judgment. It attracts much attention to become a trending topic, both of social, national, and international media. This research is descriptive with a qualitative approach using library research methods and content analysis of location, calculations, and images. Primary data was obtained through the interview, while secondary data came from related articles and books. Data collection techniques used documentations and relevant data or theories to the research question. Furthermore, the collected data were analyzed inductively and comparatively. Location analysis was carried out using the Google Maps application, and it was found that the coordinates of MAN Binamu Jeneponto were at 5.67o South (S) and 119.73 East (E). Through calculation analysis, it is known that day the Sun rose in Jeneponto at 06.08 WITA with an azimuth of 66° 35' 23". The comparative analysis between the video displays and google maps was then applied and found that the north direction shown in the video was not the actual one. The confirmation process concluded that the Sun did not rise from the north but the east (towards the northeast). The misunderstanding of Qiblah leading the west causes the observer's misidentification of the Sun's position.
Fulfillment Matter of Education Rights of Children in Conflict With the Criminal Law Nurhamdah Nurhamdah; Emilia Mustary; Fikri Fikri; Subhan Saleh; Nabilahumaida Nabilahumaida
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1825

Abstract

This study aims to determine the forms of the fulfillment of education rights for children in conflict with the criminal law in Indonesia through the "Independent School" program and the factors hindering its practice. It was field research in the form of a case study with data collection techniques: observation and interviews. The research findings reveal that the fulfillment of the right to education for children conflicts with the criminal law (ABH) already carried out but not optimally as regulated in Permen PPPA No. 15 of 2010. This can be seen from the efforts of the staff at LPKA to open non-formal classes even though they do not have adequate classrooms and facilities and the unavailability of professional teaching staff. The inhibiting factor is the absence of human resources in the form of professional teaching staff and limited facilities and infrastructure. As a result, the implementation of education did not work well because the teaching staff did not have an official educational background, and teaching activities were only performed as additional duties as staff at LPKA. The study results show that the LPKA staff's role is vast in providing education to ABH regularly to fulfill education rights. The implications are expected to become input for the LPKA Class II Maros policy to provide management and learning techniques to staff and input for the central government to recruit teaching staff and social workers as well as the provision of facilities and infrastructure.
Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia Haris Maiza Putra; Hisam Ahyani
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1861

Abstract

Indonesia is a state of law related to the disparity in the decisions of different judges in deciding a case, especially in criminal decisions. A more in-depth study is needed, especially in the case of rape, where in rape cases in Indonesia, several judges have sentenced them to death. This study aims to uncover and explore the Internalization of Progressive Islamic Law (Mashlahat) in Amending Criminal Law in the Death Penalty by Judges Against Defendants in Rape Cases in Indonesia. Progressive Islamic Law promoting peace (Mashlahat) can realize legal protection and peace for the people of Indonesia. The approach in this study uses an empirical juridical approach. This research is also normative-legal, qualitative, and uses descriptive methods through literature studies. This research is sourced from various books, international journals, and national journals. The results of the study concluded that 1) Progressive Islamic Law Internalization in Indonesia in changing criminal law can be carried out by changing the law, which can be done through peace (maslahat) by prioritizing Islamic values rahmatan lil 'alamin in developing and incorporating Islamic legal values into the national legal system in Indonesia; 2) the occurrence of changes to criminal law in Indonesia which was decided by this Judge (Criminal Disparity), among others: a) the judge sentenced to life imprisonment; b) the death penalty; c) 12 years in prison; d) Castration punishment; e) 4 years imprisonment; 3) Internalization of Progressive Islamic Law towards changes in criminal law in Indonesia, when a court judge wants to decide his case, for example in a rape case, a decision can be made through the Mashlahat (peace) concept without having to decide the case with a life sentence or up to the death penalty, especially for perpetrators of rape.
Review the Concept of Al-‘Adah Al-Muhakkamah on Tradition “Batal Wudhu” the Traditional Wedding of Ternate People in Ternate Nur Azizah Rahman; Marwa Anjamila Tarima; Harun Ginoni; Muhrim Djakat
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1775

Abstract

The procession of “cancel ablution” at the traditional wedding of the people of Ternate became one of the traditions that must be done. This procession is understood by society as a change of status between men and women into husband and wife. This procession raises the understanding that the husband and wife do not have a prohibition on touching hands during prayer because there is already a “cancellation of ablution” when married. Suppose you look at the rules of the prohibition of contact that is not a mahram as a condition for the validity of prayer. In that case, you have different opinions, and the law of the prohibition of contact for non-mahrams does not fall just because there has been a change in marital status. Starting from this understanding attracted researchers to study how the implementation of “cancel ablution” in traditional marriages of the people of Ternate City and how al-‘adah al-muhakkamah studied this procession. This study uses the qualitative descriptive verification method by describing the pattern of tradition in the community of Ternate city and then verifying correctly or distorting this procession to be applied by the community using the concept of Al-‘adah al-muhakkamah. This study found that the community procession ‘cancel ablution’ is a hereditary tradition and has developed since the first. The procession of” cancel ablution,” which is understood by the public, is of two forms: first, some understand this procession as a form of legalization and changes in mahram relations between men and women. Second, as a gift of prayer to the wife named ‘Paha ngoma-ngoma’ by placing her hands on the wife’s crown while praying. Analysis using Al’adah Al-muhakkamah makes the first form to be distorted. It enters the category of’adah fasid or ‘urf fasid while ‘Paha ngoma-ngoma’ can be ‘adah Shahih or ‘urf Shahih is justified, then the procession of “paha ngongoma” is applied, not “ablution void.”
Divorce Cases in Members of Indonesian Police Force: A Positive Law Perspective Nur Mohamad Kasim; Trubus Semiaji
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1793

Abstract

This research aims to analyse the factors of divorce in members of a police force, the impacts, and alternatives offered by the court judge to overcome divorce problems from a positive law perspective, the juridical-sociological method. The study took place in the coverage area of Court in Gorontalo, Suwawa, and Limboto. Further, the present work applied a case approach and statute approach. The data from primary and secondary sources were collected from the literature study and field research. The results showed that the factors of divorce comprise: prolonged quarrelling, cheating, economic problems, and domestic violence. The divorce cases lead to several problems that impact the married couple, their children, and their shared wealth. Referring to the Islamic Law perspective, the court Judge provides several alternatives to optimise mediation as dispute settlement before divorce as a last resort. Moreover, the Judge provides post-divorce alternatives to ensure that the ex-husband gives the iddah and mut'ah allowances to his ex-wife and that the ex-husband still supports the children's development. 
Disclosure of Ijtihad: The Changes of the Early Time of Dawn as a Sharia and Science Integration Effort Bakhtiar Bakhtiar; Fitra Nelli; Firdaus Firdaus
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1803

Abstract

This article elaborates how ijtihad to changes in the dawn as an effort to integrate sharia and science. With a bibliographic qualitative research method, the author wants to describe how the early dawn changes have been used as guidelines for Muslims. Fajr's schedule has been considered too fast so that it is not in line with the provisions of the texts and the findings of modern science. Muhammadiyah, in its ijtihad, responded openly by making changes to the previous decision compared to the Ministry of Religion and Nadhatul Ulama, which remained in the previous formulation. The study results concluded that reviewing the dawn error at Muhammadiyah had begun in 2016 until it reached maturity in 2020. The results were confirmed at the 31st Tarjih National Conference in 2021 and by the Muhammadiyah Central Executive on March 20, 2021. Effective starting from January 2021, together with the publication of the Muhammadiyah calendar. The Sun's height is the initial criterion for the dawn of time from the original -200. After review, it becomes -180. This change in criteria implies a delay of the early dawn of about eight minutes from the previous one. This change was made to combine aspects of sharia and science with an integrated approach of Bayani, Irfani, and Burhani, considering the benefit of the community.

Page 24 of 33 | Total Record : 322

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