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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 Current Development of Marriage Age Provisions in Indonesia and Malaysia: A Socio-Historical Approach Ibnu Radwan Siddik; Ibnu Radwan Siddik Turnip; Zainul Fuad; Nurhayati Nurhayati
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.v20i1.1813

Abstract

This paper discusses how the current social history of Islamic law in the Southeast Asian region relates to the minimum age of marriage. Then also, it will be examined how socio-cultural and socio-political influences surround the change in the provisions of the minimum age of marriage in the two countries. This normative legal research focused on studying legal history using the social history approach of Islamic law. Data is analyzed with qualitative methods. The results showed a change in the age of marriage in Indonesia, from 19 years for men and 16 years for women to 19 years for both men and women. While in Malaysia, most states have not changed the minimum age of marriage, remaining at 18 years old for men and 16 years for women. The change in the age of marriage occurs in the state of Selangor alone, which determines the marriage age limit is 18 years for men and women. The difference in terms of the marriage age limit in these two countries is strongly influenced by the socio-cultural and socio-political dynamics in society. The aspirations of some groups of people towa  rds changing the marriage age limit in both countries have also strengthened due to the growing number of cases of child marriage, extramarital pregnancy, and the practice of abortion in both countries.
Legality of Khulu' Lawsuit for Wives in the Provisions of Legislation in Indonesia RR Dewi Anggraeni; Dianna Primadianti; Saptaning Ruju Paminto; Nur Rohim Yunus
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.v20i1.1817

Abstract

The solution household crisis provided by the wife and accepted by the husband is known as a khulu' in Islamic law. This study examines the legal protection for a wife if the surrender of khulu' is determined and investigated. As well as the relationship between the provisions and the concept of khulu' with the position of women in marriage law which is sourced from the Compilation of Islamic Law related to Marriage Law.. It was decided to apply the research method of normative juridical research in conjunction with a statutory approach. The findings of this study indicate surrender of khulu' to the husband to divorce himself from the marriage bond is accompanied by the payment of 'iwadh', namely the payment of money or goods to the husband from the wife's side as a reward, divorce as a form of legal protection for the wife. The text states that 'iwadh is a system of legal protection given by the state to the wife who proposes khulu'. 
The Position of the Fatwa of the Indonesian Ulema Council Number 33 of 2018 Concerning the Measles-Rubella Vaccine: National Law Perspective Muammar Arafat Yusmad; Dirah Nurmila Siliwadi
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.v20i1.1836

Abstract

This study aims to analyze the position and validity of the fatwa of the Indonesian Ulema Council (MUI) Number 33 of 2018 from the perspective of national law. And analyze the position of the fatwa of the Indonesian Ulema Council Number 33 of 2018 in terms of sociological, philosophical, and juridical application aspects. This research is library research sourced from secondary data with a statutory approach, namely an approach with an analysis of national legal rules and regulations related to Islamic law. The results show that the Fatwa of the Indonesian Ulema Council is not binding to be obeyed and is only in the form of appeals and suggestions given to Muslims because the Fatwa of the Indonesian Ulema Council is not included in the national legal framework in Indonesia. The fatwa regarding the Measles-Rubella (MR) vaccine is allowed (permissible) on the grounds of a star’s emergency. Yes, with the applicable provisions. The 2018 Fatwa Number 33 by the Indonesian Ulema Council applies sociologically because the Muslim community accepts the fatwa and makes a warning about the status of the Measles-Rubella vaccine.
Copyright on Computer Software Products in Palangka Raya City (Positive Legal Perspective and Sharia Economic Law) Fani Aditia; Ibnu Elmi AS Pelu; Laili Wahyunita; Muhammad Faqihuddin Ibnu Sabil
Jurnal Ilmiah Al-Syir'ah Vol 20, No 2 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i2.1682

Abstract

The widespread use and sale of pirated software products to the public in Palangka Raya City, who have the potential to commit copyright infringement, motivates this research. The use and sale of software products without permission from the creator/copyright holder is piracy and an act of copyright infringement under the Copyright Law and the MUI Fatwa. This study discusses the forms and constraints in controlling Copyright on computer software products and Islamic views on the practice of buying and selling pirated computer software products. The researcher uses a statutory and conceptual approach in this sociological, juridical research. The data collection techniques in this study used literature and field studies with descriptive-analytical methods. The practice of buying and selling computer software products is legal in Islam's view. However, suppose you practice buying and selling using illegal (pirated) computer software products. In that case, the sale and purchase are considered harmful, and the law is forbidden or prohibited in Islam. The existence of free song download sites on electronic media has the potential to infringe on Copyright. I gave authors the exclusive right to use themselves and may prohibit other people without their permission from using their work primarily for commercial purposes. Free download sites that do not have permission and do not provide royalties to classify creators as copyright infringement based on the Copyright Law and ITE Law provisions. The method used in this research is legal research, which is included in empirical research. Based on the research results, the law enforcement process has not run optimally. Public legal awareness of Copyright, which is still low, and technological advances.
The Productivity of West Sumatra Muhammadiyah Cash Waqf as a Model for the Development of Sharia Investment in Empowering UMKM Elfia Elfia; Duhriah Duhriah
Jurnal Ilmiah Al-Syir'ah Vol 20, No 2 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i2.2053

Abstract

Muhammadiyah is one of the organizations that initiated the development of cash waqf in West Sumatra. This institution experienced many obstacles because cash waqf is a new thing in society. People's understanding of waqf objects so far is in the form of objects that are not used up. This study aimed to explore the West Sumatra Muhammadiyah cash waqf's productivity to develop sharia investment and micro, small and medium enterprises in Padang. This research is a field research study with a qualitative approach. The data is in the form of primary data obtained through in-depth interviews with selected informants through snowball sampling?secondary data as supporting data to complete information and theory about cash waqf. Data analysis used an interactive model of qualitative analysis with data reduction, data presentation, verification, and conclusion. The findings of this study indicate that the productivity of cash waqf carried out by the West Sumatra Muhammadiyah Cash Waqf Board is in the form of capital investment and work (business). However, development in the form of work or business has not been fully implemented. This is not due to constraints in development efforts but in the productivity of micro and small businesses caused by unprofessional management and the lack of other development models that are more appropriate to make the business productive for each of the various productive investment units. Investments that are made and can produce waqf funds are more in the form of capital investment than work investment.
Accommodation of Customs and Islamic Laws in Determining the Beginning of the Month of Ramadan for Indigenous Papuan Muslim Community in West Papua Sudirman Sudirman; Ahmad Sanuwari Long; Hasse Jubba
Jurnal Ilmiah Al-Syir'ah Vol 20, No 2 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i2.2038

Abstract

The focus of this research is to examine the accommodation of Islamic custom and law, especially in determining the beginning and end of the month of Ramadan in indigenous Papuan Muslim communities in West Papua. This determination method is known as the traditional method, which is considered the most accurate in determining the beginning of the month of Ramadan. The community also maintains this method even though it often differs from the government's determination. The analytical method used in this research is phenomenology by looking at people's behaviour as text that can be interpreted and given meaning. The data used as the basis for the analysis of this study were obtained from observations, interviews, and documentation. Observations focused on indigenous peoples' traditions in determining the beginning and end of non-Ramadan. Interviews were conducted with 12 informants of syarak judges (Imam, khatib, muazzin, and marbot) who have knowledge and actors in the traditional method. The study results show that the indigenous people have been practising determining the beginning and end of the month of Ramadan for a long time, carried out by syarak judges consisting of imams, khatib, muazzin, and marbot. They are figures who are considered capable of knowing when the month of Ramadan will arrive. As for the number of days of Ramadan, it must be 30 days, so since the first day is set, it will be counted up to the 30th day. The number of days cannot be less and cannot be more. The limitation of this research lies in the limited time in the research process because it was carried out when there was an outbreak of the Corona Virus Disease 19.
Islamic Solution on the Agricultural Land Leasing Problem: Case of Excessive Time Dispute Imron Rosyadi; Fauzul Hanif Noor Athief; Darlin Rizki
Jurnal Ilmiah Al-Syir'ah Vol 20, No 2 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i2.1679

Abstract

The practice of leasing farmland does not always run smoothly. One of the obstacles that are often faced is the excess of rental time by tenant farmers because the plants have not yet entered the harvest period when the rental period ends. On the other hand, the land owner does not want to lose the profit that can be obtained from the duration of the excess lease. This study aims to find alternative solutions to disputes over lease contracts (ijarah). This research is a field research that is used to answer questions related to the process of implementing the practice of leasing agricultural land, the impact of excess rent for owners and tenants, as well as a contract model that can be a solution to conflicts over time in the practice of leasing agricultural land. The data was collected through interviews, the results of which were analyzed using descriptive methods, then conclusions were obtained through an inductive mindset. The data resource comes from Kalikotes, Klaten Regency. This study concludes that the beginning of the lease agreement does not conflict with Islamic law because it has been mutually agreed between the two parties, but at the end of the lease process there is a contract discrepancy. The land owner immediately asks the tenant for compensation for the excess time. The non-compliance with the agreement made by the tenant was caused by things that were completely unpredictable, where the lease period had expired but the rice could not be harvested. Both parties can resolve this conflict in a win-win manner by making a contractnew ijarah or changing the form of the contract at the beginning by using the number of harvests, not the tempo of the year.
Determinants of Family Resilience in Female-Headed Families on the North Coast of Java Mohammad Noviani Ardi; Tali Tulab; Dina Yustisi Yurista; Aliyatus Sariroh
Jurnal Ilmiah Al-Syir'ah Vol 20, No 2 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i2.1860

Abstract

This study analyzes the relationship between religiosity, education, and social support to family resilience in women-headed households. Family resilience is an exciting issue discussed today, seeing the fragility of the couple's understanding based on the family itself. It is essential because it protects from life problems and difficulties arising from the internal or external family, including groups, environments, communities, and countries. The results of this study contribute to efforts to increase family resilience, especially in women-headed homes, because family resilience is the main foundation in realizing community resilience as one of the efforts to boost national development. The power of national development is sourced to families as small groups in society. Thus, an in-depth study of the factors that affect family resilience to create a prosperous family, resistance, and continuity of national development is needed. The research method uses a quantitative approach and collects data using surveys of 15-20 women-headed households in Sayung, Demak. Data analysis is carried out with Validity Test, Reliability Test, and Regression Analysis using SPSS software. This study showed that education positively and significantly affects family resilience. In contrast, religiosity and social support have a positive and insignificant impact. The government can be used as a reference in decision-making to help economic resilience in women-headed households by making programs to increase family resilience in economics.
Pemmali Culture in Bugis Community versus Law Enforcement of Age of Marriage in the Religious Courts Aris Aris; Rosdalina Bukido
Jurnal Ilmiah Al-Syir'ah Vol 20, No 2 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i2.2056

Abstract

This study aims to explore the law enforcement of age of marriage in Bugis community, Islamic law and national law, and pemmali culture as one of the most crucial reasons for marriage dispensation. This study method used a sociological juridical research with normative and formal juridical approaches, socio-anthropological and case studies. Data analysis techniques used positivist theory of legal system, law enforcement, and sociology of legal system. The results showed that the enforcement of age of marriage in Bugis community does not have an age standard determination unless the daughter is menstruating, the application of pemmali culture causes daughter to become victims of underage marriages, they are blind to knowledge of age of marriage in Law Number 16 of 2019. The application of marriage age for children are still debated by the majority of fiqh scholars as long as girls have not menstruated, they do not question child marriage if it is menstruating, but Indonesian national law there is no way to legalize child marriage before getting a marriage dispensation. Pemmali culture can be determined as one of the reasons for the sharp increase in marriage dispensations in Religious Courts due to the mindset of parents in Bugis community when their daughters are underage and are proposed three times by men. A mayor implication of these findings is to reduce the amount of marriage dispensation recommended the next research on the effectiveness of socialization of Law Number 16 of 2019.
The Contribution of Custom Institutions in Implementing Custom Sanctions in Gorontalo Fence M Wantu; Dian Ekawaty Ismail; Nuvazria Achir
Jurnal Ilmiah Al-Syir'ah Vol 20, No 2 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i2.1648

Abstract

Efforts to optimize existing customary institutions in the province of Gorontalo in law enforcement during society are significant. The organization of customary institutions needs to be addressed and arranged so that they can be enjoyed and utilized. This study uses a sociological juridical approach by obtaining data by interviewing figures from the Gorontalo traditional institutions. This research carries out by analysis through reduction, presentation of data, and conclusion?Gorontalo customary institution. The study results show that the position of traditional institutions in Gorontalo Province is one of the guidelines for people's lives. Customary institutions are the tools that are used and considered to be able to maintain the values of customary law itself. Imposing sanctions through traditional institutions is more effective because an adat institution grows based on values that live in society and recognize and adhered to for generations. In addition, customary institutions help prevent the accumulation of cases in court. The maximum of this research lies in the space given by the government to customary institutions both in ceremonial activities such as marriages and in law enforcement processes. In addition, community participation needs to maintain and utilize the presence of this traditional institution.

Page 25 of 33 | Total Record : 322

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