cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Faradila Hasan
Contact Email
Faradila Hasan
Phone
-
Journal Mail Official
jurnal.alsyirah@iain-manado.ac.id
Editorial Address
-
Location
Kota manado,
Sulawesi utara
INDONESIA
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
 25   26   27   28   29 
Prohibition of Interfaith Marriage in Indonesia: A Study of Constitutional Court Decision Number 24/PUU-XX/2022 Imaro Sidqi; Mhd. Rasidin
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2337

Abstract

This article aims to analyze the decision of the Constitutional Court Number 24/PUU-XX/2022 concerning interfaith marriage from a philosophical, juridical, and empirical-sociological perspective so that it is more comprehensive because it covers various aspects, including religious views, law, interreligious communication, change law, human rights perspective, and polemic in society. This research is juridical-normative research, which uses a statutory approach, a concept approach, and a case approach through descriptive-qualitative analysis. The study results show that interfaith marriages are not permitted in Indonesia, both from the point of view of Islamic Law, the laws of other religions, the sociocultural community, and the Marriage Law. Therefore, the Constitutional Court issued several decisions to prohibit interfaith marriages, one of which was the Constitutional Court Decision Number 24/PUU-XX/2022, which completely rejected interfaith marriages. In its decision, the Constitutional Court does not allow interfaith marriages for three simple reasons: First, philosophically, interfaith marriages do not represent Pancasila and the essence of the formation of the Constitution. Second, juridically, interfaith marriages have no place in the Marriage Law because the state protects religion, so society remains following its corridors. Third, sociologically, interfaith marriage violates many norms, both local religion and custom. Therefore, from the perspective of religion, law, and sociocultural norms, interfaith marriages are generally not permitted in Indonesia so this research can formulate a balanced policy between individual rights and religious values in interfaith marriages.
Judicial Considerations in Child Marriage Dispensations: An Empirical Study of the Gorontalo Religious Court Insani, Nur; Beddu, Sumiyati; Rahman, Rahmawati; Arpin, Arpin; Samuri, Mohd Al Adib
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2066

Abstract

This research aims to determine the judge's considerations in carrying out his juridical function to adjudicate cases, whether they align with legal principles governing marriage and protecting children's rights, and how social stigma influences the judge's decision-making process in many instances.  Interviews were conducted directly to create effective and efficient discussions to collect the primary data. In addition, data was obtained through literature and research studies, including regulations, documents, and related books.  This paper examines a case study concerning a judge's decision to grant dispensation to a married couple not yet of legal age due to a request for parental guardianship submitted to the Gorontalo Religious Court in decision Number 10/Pdt.P/2021/PA. The findings show that the convergence of various legal aspects, cultural values, and social norms can influence judges' considerations in determining child marriage dispensations. The issue of child marriage in Indonesia is complex and needs serious attention. A legal framework must support objective legal principles, take into account the needs and interests of all parties, and overcome social stigma against child marriage.
Endogamous Marriages in Kiai Sukorejo's Family: Sufi Social Fiqh Transformation and Implications for Islamic Jurisprudence Mirwan, Mirwan; Firmansyah, Mohammad; Al Munawar, Faishal Agil; Kolopita, Abdul Fajri
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2363

Abstract

Marriage with the principle of endogamy in the context of arranged marriages, as observed within the family of Kiai Sukorejo in Situbondo, is influenced by religious, cultural, and Sufi tradition factors. The research uses the phenomenological method to delve into the meaning behind the phenomenon. Marriage is regarded as a means to follow the Sunnah of the Prophet, strengthen religious devotion and Faith, reinforce family bonds, and preserve the existence of the Islamic boarding school (Boarding School). Aspects of lineage, religious commitment, and scholarly qualifications take precedence in arranged marriages as an implementation of the concept of kafa'ah in Islamic jurisprudence (Fiqh). The mystical understanding derived from Sufi teachings also affects perspectives and actions in accepting arranged marriages. This research provides a significant contribution to understanding social Sufi jurisprudence (Fiqh) and the practice of endogamous marriages within the context of Islamic boarding schools. The study's findings offer valuable recommendations for developing social fiqh understanding, remarkably grounded in Sufi teachings. It is important to note that this study has a limitation in that it did not involve female informants, which should be a crucial consideration in analyzing and exploring the meaning of arranged marriages.
Maslahah Najmuddin Al-Thufi: A Framework for Fintech Benefit Realization in Indonesia Hasan, Nugraha; Abubakar, Achmad; Haddade, Hasyim; Kurniati, Kurniati; Nurjannah, Nurjannah; Sabbar, Sabbar Dahham
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2100

Abstract

This study explores the concept of maslahah, according to Najmuddin Al-Thufi, as a realization of fintech development in Indonesia. Najmuddin Al-Thufi developed a theory of maslahah that emphasizes flexibility and adaptability to dynamic socio-economic contexts. This study integrates the theory with the development of fintech in Indonesia. This descriptive and qualitative research provides a more comprehensive picture of the concept of maslahah at-Thufi and the phenomenon of fintech in detail and in-depth and using a phenomenological approach. Data sources come from secondary data from books and relevant and reliable journals related to the discussion of Maslahah Najmuddin at-Thufi and fintech. The results showed that applying Najmuddin al-Thufi's maslahah concept to the development of fintech in Indonesia can be implemented for effective regulation and support the growth of fintech in an inclusive, safe, and equitable manner. The maslahah principle, which focuses on the public good, can deal with challenges such as consumer protection, data security, financial inclusion, and business ethics. By applying this principle, regulations can be more adaptive and responsive to technological dynamics, ensuring that the real benefits to society are always prioritized in every regulatory decision.
Islamic Perspectives on Fulfilling Husband's Financial Responsibilities: Insights from Ulama Mazhab and Detained Citizenship Ali, Yusuf Faisal
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2698

Abstract

This article explains the fulfillment of the husband's income as a fostered citizen in the detention center and analyzes how Islamic law reviews the implementation of the husband's income in various perspectives of ulama mazhab; in this article, the author quotes the views of Imam Hanafi, Imam Shafi'I, and Imam Maliki, in addition to some views of other scholars such as Sayyid Sabiq. This research uses literature research methods. Data were obtained by analyzing texts in books and books and legal studies. The data is analyzed in a qualitative descriptive way. The results of this study show that in Islamic law with a variety of views of imams of the madhab, including Imam Shafi'I, Maliki, and Hanafi, have the same view about fulfilling the obligation to provide for husbands who are prison-assisted citizens, husbands who are in prison are still obliged to provide for their wives according to their ability.
Dwangsom: Investigate the Conceptual Basis of Religious Court on Child Custody Rulings L, Sudirman; Sunuwati, Sunuwati; Fasieh, Muh. Alim
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2500

Abstract

This study aims to investigate the philosophical underpinnings of the law regarding the issue of religious court judges' decisions regarding the right to control and care for children. Various Religious Court decisions cannot be obeyed voluntarily by the party controlling the child (the Defendant) because the mother provides the finest care for children under 12. Based on the decision of the party entitled to care for the child (Plaintiff), and according to the survey, several respondents found the decision to be hollow (illusion). It is a normative study with a conceptual approach that is then descriptively and qualitatively analyzed. Initially, the application of Dwangsom in child support cases was psychological pressure on the Defendant to voluntarily carry out the provisions of the decision and psychological protection for the child, according to the results. Despite this, Dwangsom must be provided upon request. Second, a court decision grants a Dwangsom petition, effectively legalizing the practice in cases of religious child-rearing. Thirdly, the Judge's approval of the Plaintiff's request to establish Dwangsom positively affects the renewal of Islamic family law in Indonesia because numerous decisions regarding child support are not made voluntarily.
Sharia Banking Ownership Status in Performing its Functions as an Intermediation Institution Setiawan, Iwan; Saruchi, Sarah Athirah Binti
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2338

Abstract

This research will discuss the use of third-party funds by Sharia banks as business capital, one of the largest sources of capital for Sharia banks. The use status of these funds is influenced by the contract used, whether full ownership rights or temporary ownership. This research focuses on understanding the status of fund ownership in Sharia banking and its function as an intermediation institution. This research uses a descriptive literature method with a normative juridical approach; the primary data source comes from statutory regulations and the DSN-MUI Fatwa. The type of research used is qualitative research with data analysis techniques carried out in three stages: data focusing, presentation of funds, and drawing conclusions.   This research indicates that the status of fund ownership for Sharia banks has significant implications for the role of Sharia banking as an intermediation institution. Fund ownership status is influenced by the contract used. These contracts will determine the responsibilities of Sharia banks in managing funds. This is based on the provisions of the DSN-MUI Fatwa and the Sharia Banking Law. A clear understanding of the status of fund ownership will help Islamic banks prepare accurate and transparent financial reports, which is essential for building customer and investor trust. Sharia principles ' management of fund ownership status is crucial for Sharia compliance and operational efficiency, risk management, and sustainable growth of Sharia banks as financial intermediation institutions.
Jurimetrics Implementation of Determining Wife's Rights in Divorce in Talu Religious Court Fadhilah, Defi Rahmi; Salma, Salma; Elfia, Elfia; Mawaddah, Arini Alfa
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2498

Abstract

This study delves into post-divorce wives' rights, particularly examining the impact of Jurimetrics. Divorce rulings often inadequately support these rights. The Talu Religious Court, part of the Padang High Religious Court, employs Jurimetrics due to disputes over divorce-related issues. Through normative legal research and content analysis, it's evident that Jurimetrics-influenced decisions notably enhance wives' rights compared to non-Jurimetrics rulings. These decisions prioritize fairness by considering factors like minimum wage, husband's income, and marriage duration. Notably, the application of Jurimetrics in divorce proceedings consistently leads to more equitable and just outcomes for wives, presenting a systematic and fair approach rooted in principles of fairness and justice. Overall, employing Jurimetrics significantly bolsters the protection of post-divorce wives' rights, providing a methodological framework founded on fairness and equity within divorce adjudications.
Harmonizing Islamic Law and Local Culture: A Study of The Mampatangpulo Tradition in Duri, Enrekang Regency Rahmawati, Rahmawati; Muhajir, Muhammad Nur Alam; Assad, Andi Sukma; Abdain, Abdain; Taudiyah, Nasya Tisfa
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2678

Abstract

This research thoroughly examines the relationship between customary law and Islamic law and how they relate to Mampatangpulo. This type of research is qualitative, and the research location is in Enrekang Duri, where a sociological and phenomenological approach is used. The data in this research comes from primary and secondary data, while the data collection techniques used in this research use observation, interviews, and documentation. Data is processed and analyzed using data reduction techniques, presentation, and conclusion drawing. The results of this research show that the process of implementing the Mampatangpulo Tradition starts from the Sangbonginna, Mangbongi tallu, Mangbongi pitu events and the peak of the Mampatangpulo event after the death of the deceased. In the process of implementing the Mampatangpulo Tradition, several stages of traditional processions are considered sacred and essential to carry out, namely Mangpepellao (Lowering), Mampakande-kande (Feeding), Manggere' beke (Slaughtering a goat). The Mampatangpulo tradition can only be carried out if the procession does not violate Islamic law. According to a review of Islamic law regarding the implementation of the Mampatangpulo tradition, the law is okay when the procession does not violate Islamic law because, in the implementation of the Mampatangpulo tradition that developed in the people of South Sulawesi, there are habits that have positive values. This research also shows a strong relationship between customary law and Islamic law in the Mampatangpulo tradition, such as in the takziah and friendship events. The results of this study confirm that the culture that develops in Indonesian society and globally can be preserved if it does not conflict with Islamic values.
Optimization of Sharia Banking Regulations in Developing the Halal Cosmetic Industry in Indonesia Akbar, Wahyu; Kurniawan, Rahmad; Dakhoir, Ahmad; Fahmi, Chairul
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2611

Abstract

This paper examines the role of Islamic banking in developing the Indonesian halal cosmetics industry. The method used includes a qualitative descriptive study through exploratory studies on optimizing the role of Islamic banks in the development of the halal cosmetic industry. The data source uses primary and secondary data through data collection techniques from interviews to literature study. Then, data collection also involves the author's opinion regarding the research issue data analysis, which consists of data reduction, data presentation, conclusions, and verification. Challenges and opportunities in the halal cosmetics industry continue to experience increasingly significant developments that affect the growth and development of the halal cosmetics industry. Therefore, the synergy between Islamic banking institutions, the government, and even related institutions is undoubtedly needed. This needs to be implemented by Islamic banks to optimize regulations and roles in the development of the halal cosmetic industry. First is regulation, followed by the process of preservation and standardization of halal products. Second, the synergy of Sharia institutions for halal industry players can be achieved by providing financing funds, mentoring, and education. Third, the synergy of Islamic banks with educational institutions through inclusive awareness of the halal cosmetic industry in educational institutions.

Page 27 of 33 | Total Record : 322

 25   26   27   28   29 

Filter by Year

2003 2025


Reset
Filter By Issues
All Issue Vol 23, No 2 (2025) Vol 23, No 1 (2025) Vol 22, No 2 (2024) Vol 22, No 1 (2024) Vol 21, No 2 (2023) Vol 21, No 1 (2023) Vol 20, No 2 (2022) Vol 20, No 1 (2022) Vol 19, No 2 (2021) Vol 19, No 1 (2021) Vol 18, No 2 (2020) Vol 18, No 1 (2020) Vol 17, No 2 (2019) Vol 17, No 1 (2019) Vol 16, No 2 (2018) Vol 16, No 1 (2018) Vol 15, No 2 (2017) Vol 15, No 1 (2017) Vol 14, No 2 (2016) Vol 14, No 1 (2016) Vol 13, No 2 (2015) Vol 13, No 1 (2015) Vol 12, No 2 (2014) Vol 12, No 1 (2014) Vol 11, No 2 (2013) Vol 11, No 1 (2013) Vol 10, No 2 (2012) Vol 10, No 1 (2012) Vol 9, No 2 (2011) Vol 9, No 1 (2011) Vol 8, No 2 (2010) Vol 8, No 1 (2010) Vol 7, No 2 (2009) Vol 7, No 1 (2009) Vol 6, No 2 (2008) Vol 6, No 1 (2008) Vol 5, No 2 (2007) Vol 5, No 1 (2007) Vol 4, No 2 (2006) Vol 4, No 2 (2006) Vol 4, No 1 (2006) Vol 3, No 2 (2005) Vol 3, No 1 (2005) Vol 2, No 2 (2004) Vol 2, No 1 (2004) Vol 1, No 2 (2003) Vol 1, No 1 (2003) More Issue