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
 26   27   28   29   30 
Religion, Politics and Power in Africa: The Nigerian Experiment and Lessons from the Sharī'ah Madīnah Plural Model Uthman, Ibrahim Olatunde
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.v21i2.2652

Abstract

This study delves into the complex interplay of religion, politics, and power in Africa, focusing on the Nigerian context and drawing valuable lessons from the Sharīah Madīnah plural model. Through a multidisciplinary approach, including qualitative analysis, case studies, and comparative analysis, the research reveals that Nigeria's political landscape is deeply influenced by religious affiliations, primarily Islam and Christianity, which play pivotal roles in shaping political agendas and power dynamics. The findings underscore the importance of fostering religious tolerance and interfaith dialogue while promoting inclusive governance to navigate the challenges posed by religious diversity in Africa's political systems. Drawing inspiration from the Sharīah Madīnah model, this study advocates for nuanced approaches that respect religious pluralism while upholding democratic principles, offering valuable insights for a more harmonious coexistence in Africa's diverse religious and political milieu.
The Fulfillment of Women's and Children's Rights Post-Divorce in Judicial Decisions of the Unaaha Religious Court Suriani, Suriani; Aini, Nurul; Marlin, Marlin; Fitriadi, Muh.; Darwis, Rizal; Baharuddin, A. Zamakhsyari
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.v22i1.2904

Abstract

The purpose of this study is to describe and analyze the decisions of the Unaaha Religious Court in guaranteeing the rights of children and women after divorce and to examine the constraints of the panel of judges of the Unaaha Religious Court in guaranteeing the rights of women and children in case decisions. This research is a normative-empirical research. Data collection techniques and legal materials are document studies and interviews. While the process of data analysis is carried out in three steps, namely: first, identification of legal facts. secondly, examining or and seeking legal norms related to legal facts. Third, applying legal norms to legal facts. The results of this study show that: First, in the period from July 2021 to June 2022 the Unaaha Religious Court decided 493 divorce and divorce cases. Of the 493 cases that have been decided, only 22 cases involving the fulfillment of the rights of wives or children. Where the reasons for fulfilling these rights can be made into four (4) typologies. First, because it was requested in the convention as many as 12 cases. Second, because of an agreement in mediation in 8 cases. Third, because the posita of the application is 1 case. Fourth, because of the posita lawsuit of 1 case. From the four typologies it can be concluded that the judges have not exercised their rights ex-officio in order to fulfill the rights of women and children. Therefore, it can also be concluded that the judges have not fully implemented the Letter of the Director General of Badilag Number 1669/DJA/HK.00/5/2021 Concerning Guarantees for the Rights of Post-Divorce Women and Children. Second, the constraints faced by judges in fulfilling the rights of women and children in case decisions, namely: 1) the financial ability of the husband or father, 2) the ability of the parties in the evidentiary process, 3) the presence of the parties (wife or husband) in the trial , 4) there is no coordination and cooperation between the Religious Courts and related agencies in the case of parties who work as ASN/PNS.
Interaction of Islamic Economics and Government Transformation Technology in Indonesian Muslim Society Indriana, Indriana; Arman, Arman; Yussof, Ishak; Maasi, Jenneke Widya
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.v21i2.2660

Abstract

The interaction of Islamic economics and government transformation Technology in Indonesian Muslim society can create justice, prosperity for all parties, and blessings both in this world and the hereafter, to know the interaction of Islamic economics and government transformation Technology in Indonesian Muslim society. The research method uses a quantitative survey approach to ensure accuracy and relevance in this research. The type of data used is primary data using a sampling technique via snowball sampling using an online survey. With locations in 16 provinces in Indonesia: South Sulawesi, West Java, East Java, DKI Jakarta, Nanggroe Aceh Darussalam, North Sumatra, Gorontalo, South Sumatra, East Kalimantan, North Maluku, West Kalimantan, Riau, West Papua, Bali, Papua, and East Nusa Tenggara, it can see that the largest is DKI Jakarta and the lowest is West Papua, with several 1200 informants in each province, 75 informants with a period of 2 years. The technique used to collect study data on published material in the interaction between Islamic economics and government transformation technology is that Islamic economics is based on Islamic ethical principles such as the prohibition of usury (interest), justice, and fair distribution. In Indonesian Muslim society, these principles can be used as a guide in business and finance, and advances in technology, especially the internet and digital platforms, have provided greater access for society to participate in the economy and governance, with Islamic economics encouraging entrepreneurship. Interaction between Islamic economics and technology has great potential to shape Indonesia's economic, social, and governmental future in a way that is more in line with social justice.
Addressing Corruption of Village Funds: A Perspective from Islamic Criminal Law and Positive Law on Asset Recovery Firmansyah, Firmansyah; Kasma, Hadrawi; Rusdi, Mikdar
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.v22i1.2911

Abstract

Corruption in Indonesia is increasingly rampant, one of which is the issue of village funds, so the problem is analyzed, and problems are identified to resolve the case. The research method used is an empirical juridical approach using data collection techniques, namely in-depth interviews using qualitative descriptive analysis. The research results found that several things that cause corruption in village funds include low understanding, awareness, and supervision of the BPD (people's consultative body), lack of transparency and accountability, low community participation, political pressure and conflicts of interest, a culture of corruption, and the case studies raised to show that corruption occurs due to misuse by third parties and the efforts taken are based on This is an improvement on these 5 (five) aspects. The critical point is the offer from researchers regarding the reconstruction of the concept of asset recovery when it has been applied after going through the trial process. In this paper, we offer the idea of asset recovery outside of court based on an analysis of the cases raised.
Dynamics of Dismissal of Regional Heads in Lampung Province Perspective of Law and Fiqh Siyasah Zuhraini, Zuhraini; Zaelani, Abdul Qodir; Mu’in, Fathul
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.v21i2.2443

Abstract

This research aims to determine the impeachment or dismissal of regional heads in Lampung Province from the perspective of Law and Islamic jurisprudence. This problem is interesting to research. Since this province was founded, at least five regional heads have been dishonorably dismissed for committing Corruption, namely the Regent of South Lampung, the Regent of North Lampung, the Regent of Tanggamus, the Regent of Mesuji and the Regent of Central Lampung. This research uses a library study method, is descriptive-analytical, and uses primary and secondary legal data sources, which are then analyzed using the comparative method. This research concluded that the impeachment of regional heads in Lampung Province was carried out because they violated their oath of office, namely committing Corruption as regulated in Law Number 9 of 2015 concerning Regional Government, which is the second amendment to Law Number 23 of 2014 concerning regional government. Corruption in Indonesia is an extraordinary crime because it has a significant and widespread impact. Instead, the budget for regional development and people's welfare is taken for their interests. In Fiqh Siyasah, this issue is included in siyasah qadhaiyah. Every community must obey the laws and regulations. So, if a regional head violates the Law, he can be dishonorably dismissed for acting wickedly and unjustly. The corrupt behavior of regional heads includes sinful acts and forms of cruelty by leaders toward their people.
Optimizing the Roles of Posbakum and Islamic Organizations in Medan City for Child Victims of School Violence Lubis, Syofiaty; Yuslem, Nawir; Panjaitan, Budi Sastra; Afendi, Hazrul
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.v22i1.2954

Abstract

This research relates to optimizing the role of Medan City Islamic Organization legal aid posts in providing legal assistance to child victims of school violence. It is a socio-empirical legal study in the category of sociological-empirical research using a qualitative approach. The research focuses on social and legal phenomena in society, specifically the role of Islamic mass organization legal aid posts in Medan City in providing legal assistance to child victims of school violence. Data were collected through interviews with the Medan City Islamic Organization Posbakum and analysis of Law Number 23 of 2002 concerning Child Protection, as well as from legal materials providing explanations of primary legal materials obtained through literature studies related to the research problem. The research results show that the implementation of the Aisyiyah Legal Aid Post (Posbakum) in the North Sumatra region can help provide legal assistance for child victims of school violence by offering consultation, legal aid, and advocacy. However, to provide more optimal legal assistance, efforts are still needed to improve the quality and quantity of resources owned by Posbakum Aisyiyah. Furthermore, the active role of all parties, especially the government and society, is crucial to support the optimization of Posbakum Aisyiyah's implementation and enhance legal protection for child victims of school violence.
Implications of the Law of Religious Moderation on Interfaith Marriages Gunawan, Edi; Tohis, Reza Adeputra; Hakim, Budi Rahmat
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.v21i2.2649

Abstract

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of religion and uphold diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages.
Contemporary Ijtihad Deconstruction in The Supreme Court: Wasiat Wajibah as An Alternative for Non-Muslim Heirs in Indonesia Setyawan, Rahmad; Witro, Doli; Busni, Darti; Kustiawan, Muhamad Taufik; Syahbani, Fatimatuz Zahro Mulia
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.v22i1.2968

Abstract

This research aims to critically analyze and deconstruct the rules and theoretical rules of ijtihad and its implementation in resolving contemporary Islamic inheritance law issues that develop in the Supreme Court. The focus of this research is on the wasiat wajibah (compulsory testament) as an alternative for non-Muslim heirs. This field research uses a descriptive-analytical method to explain the conception of ijtihad comprehensively. The primary data for this research came from interviews and observations. Interviews were conducted with several Religious Court Judges and Religious High Court Judges. Meanwhile, observation was conducted in several religious courts and high religious courts. Secondary data came from library data such as Supreme Court decisions on compulsory testaments for non-Muslim heirs. In addition, this library data is also supported by classical books (yellow book), scientific articles, internet websites, etc., related to the research topic. In several of its decisions, this study found that the Supreme Court has carried out modern ijtihad in Islamic inheritance law by providing an alternative law in the form of a compulsory testament for non-Muslim heirs to enjoy the inheritance of Muslim heirs. This alternative law is a product of the ijtihad of judges through the renewal of ijtihad methodology in the context of legal discovery (rechtvinding), which aims to distribute a sense of justice to parties prevented from getting inherited property.  The birth of several Supreme Court decisions, such as decisions number 16 K/AG/2010, 218 K/AG/2016, and 331 K/AG/2018, which provide legal alternatives in the form of compulsory testaments for non-Muslim heirs, is a historical necessity that must be interpreted positively for the sake of future history.
Yusuf Al-Qardhawi's Perspective of Ihdad and its Relevance to Career Women's Leave Rights in Bandar Lampung Firdawaty, Linda; Sukandi, Ahmad; Niaz, Noorjehan Safia; Asnawi, Habib Shulton
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.v21i2.2343

Abstract

This research aims to analyze Yusuf Al-Qardhawi's views on ihdad and the implementation of career women's leave rights due to the death of their husbands and their relevance to contemporary Islamic family law. This research is a field research study. The informant consisted of the General Manager of the Chandra Supertore Bandar Lampung company, qualitative analysis. Research findings show that Yusuf al Qardhawi is of the view that women who are in ihdad may carry out their professions outside the home, limited to professions permitted by religion, maintaining religious ethics, whether in clothing, walking, talking, avoiding making up, wearing perfume, interacting with the opposite sex. This ability protects the benefit and survival of the family, as is the concept of Maqashid al Syari'ah to protect the soul, religion, mind, lineage, and property. Career women's leave rights due to the death of their husbands are only two days in employment law. However, in its implementation at the Chandra Superstore company, career women generally take one week off. They consist of the right to 2 days of leave plus permission from the company for two days, plus exchanging work schedules with colleagues in the profession. The company still requires its employees to look attractive according to the Company's SOP. Implementing this left-right is still very far from being different from the head criteria in Islamic family law.
The Role of Bales Nae Tradition in Strengthening Family Harmony and Social Cohesion in the Sasak Community of Lombok, Indonesia Yazid, Afthon; Sugitanata, Arif; Hasan, Faradila; Ulirrahmi, Fauzia; Sholikhah, Siti Khamidatus
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.v22i1.2876

Abstract

This research investigates the "Bales nae" tradition within the Sasak community in Lombok, Indonesia. Bales nae is an essential post-wedding ritual where the groom's family visits the bride's family following the merariq ceremonies. This tradition aims to strengthen family bonds, foster mutual respect, and preserve cultural heritage. Using a socio-legal approach and theories from Émile Durkheim and Maqashid Sharia, this qualitative study explores the reasons why the Sasak community maintains this tradition. Data were collected through observation and interviews with 12 key informants, including community members, traditional leaders, and families who have practised Bales nae. The research findings reveal that Bales nae functions to introduce and strengthen relationships among extended families, enhance social cohesion, and preserve cultural heritage. Durkheim's functionalism theory highlights the role of Bales nae in social stability and solidarity, while Maqashid Sharia emphasizes its contribution to preserving religion, life, intellect, lineage, and property. This tradition, with its rich symbolic meaning, underscores the importance of maintaining cultural practices amid modern influences. The study concludes that Bales nae is crucial for reinforcing family and social structures, reflecting the profound significance of traditional rituals within the Sasak community.

Page 28 of 33 | Total Record : 322

 26   27   28   29   30 

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