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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 315 Documents
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The Binding Power of the Bapalas Tradition to Solve Dayak Citizens' Disputes in West Kotawaringin District Sukti, Surya; Khair, Abdul; Mualimin, Mualimin; Arifin, Imam S
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.v21i2.2634

Abstract

The background to this research is that if a dispute occurs between Dayak people, especially those living in West Kotawaringin Regency, some choose to resolve the problem peacefully through the Bapalas custom. A traditional Mantir leads the Bapalas tradition, and the decision of this traditional Mantir is firm because it follows the elements of article 1320 BW. In article 1320 BW, there are four conditions for an agreement's validity: agreement, skill, a sure thing, and a lawful cause. So, if it is related to article 1320 BW, problems that occur in society can be resolved with an agreement. This tradition of Bapalas in the people of West Kotawaringin Regency follows Islamic law, known as Islah or peaceful problem-solving in Islam. This research analyzes the legal certainty aspect of traditional Mantir decisions in Bapalas. This research method is a field research method, and the approach is qualitative. What is very interesting is that this traditional Mantir can solve various civil and criminal problems. For criminal cases, several cases, such as fights and abuse, can also be resolved using the Bapalas method. The basis of this Dayak traditional institution is Central Kalimantan Province Regional Regulation Number 16 of 2008 concerning Dayak Traditional Institutions in Central Kalimantan.
Islamic Law and Local Traditions in Preventing Early Marriage in the Toraja Muslim Minority Community Takdir, Takdir; Halide, Nirwana; Hardianto, Hardianto; Rusli, Muhammad; Erwin, Erwin; de Vos, Pierre
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.2931

Abstract

The enforcement of women's rights concerning the restriction of polygamy during the iddah period following divorce poses a significant challenge in Islamic family law, particularly among minority Muslim communities such as Tana Toraja. This issue reflects a broader tension between the principles of Islamic law and the influence of local cultural practices. Despite existing legal frameworks aimed at safeguarding women's rights, there remains a critical research gap in understanding how these frameworks operate in culturally distinct minority contexts. This study employs a comprehensive legal methodology, combining qualitative interviews with stakeholders from the local Religious Affairs Office, including religious leaders and legal practitioners, alongside document analysis of legal rulings, policies, and relevant literature. The findings reveal that local cultural norms often conflict with Islamic legal principles, exacerbated by limited legal awareness within the community and insufficient institutional enforcement mechanisms. These impediments hinder the effective application of Islamic family law and the protection of women's rights. To address these challenges, this study proposes two key strategies: (1) enhancing legal education programs tailored to the unique cultural contexts of minority Muslim communities and (2) strengthening oversight and enforcement mechanisms through collaboration among local authorities, religious leaders, and community organizations. By bridging the gap between Islamic legal principles and local cultural practices, these recommendations aim to promote a more inclusive and effective enforcement of women's rights within minority Muslim settings.
Mombolosuako Traditional Marriage Dynamics: Between Tolaki Muslim Majority and Muslim Minorities in Konawe District, Indonesia Ahmad, Ahmad; Iqbal, Muhammad; Waeno, Mahamadaree; Hajar, Siti; Syatar, Abdul
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.2875

Abstract

This study examines the dynamics of the Mombolosuako (elopement) tradition among the Tolaki ethnic group in Southeast Sulawesi, Indonesia, focusing on its practice in religiously diverse communities. This research specifically compares the implementation and acceptance of this tradition between the Muslim-majority Anggaberi District and Catholic-majority Puasana Village in Konawe Regency. Using a qualitative approach with a comparative case study design, data were collected through in-depth interviews with 16 key informants, field observations, and document analysis analyzed through Interpretative Phenomenological Analysis (IPA). The findings reveal that in Anggaberi, where Muslims and Tolaki are the majority, Mombolosuako is practiced as a non-normal marriage from cultural identity although some consider it contrary to Islamic teachings. This practice is supported by Regional Regulation No. 1 of 2018 concerning the Implementation of Sara Merapu Customary Law of the Tolaki Tribe. Conversely, in Puasana, where Muslims and Tolaki are minorities, this tradition is neither known nor practiced. This indicates that diversity can reduce the role of customs in social structures. This research emphasizes the importance of adaptive and contextual regulatory approaches in multicultural societies, so that customary policies can balance between preserving traditions and dynamic social needs. These findings provide insights for policymakers and academics in designing more inclusive customary policies and add to the literature on the interaction between customary law, religion, and formal regulations in plural societies.
Consumer Behavior of Muslim Minorities in Purchasing Halal Products: A Maslahah Perspective Al Farisi, Muhammad Salman; Mahadewi, Erlina Puspitaloka; Khalid, Nour; Ratnawati, Aryanti; Erlangga, Heri; Wahid, Hariyaty Ab
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.2788

Abstract

This study aims to analyze whether the consumption of halal products has a different priority scale based on maslahah orientation. This study is qualitative. The study was located in one of the minority Muslim areas in Indonesia. In this study the object of the study was the minority Muslim community of Indonesia who are Muslim and have purchased halal products. The research data were obtained based on interviews with the minority Muslim communities in Indonesia, namely Denpasar and Gianyar in Bali Province and Kupang East Nusa Tenggara Province, who are Muslim and have purchased halal products. This study's results indicate that consumers' behavior toward halal products regarding maslahah is included in the maslahah tahsiniyah or tertiary needs, namely, needs to be needed by humans to make life more comfortable and beautiful. Maslahah tahsiniyah is a complementary or complementary maslahah in the form of breadth and propriety that can complement the previous maslahah or maslahah hajiyah. If this problem is not met, human life will be less beautiful, but it does not cause harm. This study proves that the motivational characteristics of minority Muslim consumers in consuming halal products that have a priority scale of maslahah are tahsiniyah to obtain maximum benefits from halal products that do not only focus on the aspect of beauty, but also pay attention to the aspects of halal, cleanliness, and environmental friendliness.
Opportunities and Challenges in Developing Halal Food for Muslim Tourists in Tana Toraja: A Study on Sustainable Tourism Madjid, Sitti Saleha; Nurwahidin, Pantja; Jan, Radlyah Hasan; Yama, Arifeen
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3276

Abstract

This study aims to identify the opportunities and challenges in developing halal food offerings for Muslim tourists in Tana Toraja, Indonesia, an area predominantly inhabited by a non-Muslim population. The primary challenges identified include a limited supply of halal raw materials, the region's image as a halal tourism destination, and a lack of awareness regarding the importance of halal certification among the local community. This qualitative study employs a case study approach, utilizing data collected through interviews, observations, and documentation from key players in the halal culinary industry in Toraja. The data were analyzed using NVivo 12 Plus, with features such as Crosstab Query and Word Cloud for data presentation. The findings reveal significant opportunities in the halal food market, driven by growing demand from Muslim tourists, menu diversification, and advancements in technology and e-commerce, which facilitate the promotion of halal products. Despite the challenges, the development of halal food offerings in Toraja can contribute to sustainable tourism through increased public awareness and collaboration between the government and the business sector, alongside halal training and certification for industry players. This study provides recommendations for the strategic development of the halal food industry as a key component of halal tourism potential in Toraja.
Post-Divorce Polygamy in Tana Toraja: The Intersection of Islamic Law and Local Culture Saidah, Saidah; Rukiah, Rukiah; Sunuwati, Sunuwati; Nasohah, Zaini
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3156

Abstract

The enforcement of women's rights concerning the restriction of polygamy during the iddah period following divorce is a significant problem in Islamic family law, especially within minority Muslim groups such as Tana Toraja. This paper examines a particular research gap: the inadequate comprehension of how local cultural practices affect the application of Islamic family law in minority settings. This study utilizes a legal methodology, integrating interviews with stakeholders from the local Religious Affairs Office and conducting document analysis of legal rulings, policies, and pertinent literature. The findings identify certain impediments, such as the impact of local cultural norms that frequently contradict Islamic legal principles and a lack of legal understanding within the community. The study proposes two principal recommendations to tackle these challenges: (1) improving legal education customized for the cultural context of minority Muslim communities, and (2) fortifying oversight mechanisms and law enforcement procedures via collaboration among local authorities, religious leaders, and community organizations.
The Interplay Between Religion, Traditional Beliefs, and Socio-Economic Development: Insights from Four Emerging Economies Harakan, Ahmad; Kinyondo, Abel; Kepko, Yao Moise; Kuzenbayev, Nygmetzhan; Pelizzo, Riccardo
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3181

Abstract

This article explores the relationship between traditional beliefs, socio-economic development, and religion in four emerging economies: Benin, Indonesia, Tanzania, and Togo. The study addresses gaps in existing literature, which has not conclusively determined whether and to what extent socio-economic development reduces the prevalence of traditional beliefs. Additionally, the interplay between religion and traditional beliefs remains debated, with some studies suggesting coexistence while others highlight inherent conflicts. The findings reveal that the impact of socio-economic development on traditional beliefs varies significantly across different types of beliefs. From an Islamic law perspective, practices such as witchcraft and superstition are condemned as shirk (polytheism) for diverting reliance away from Allah. Islamic jurisprudence (fiqh) and principles like maqasid al-shariah (objectives of Sharia) provide frameworks to counter these practices by promoting rationality, education, and monotheism. In Indonesia, for instance, Islamic principles have allowed traditional healing practices to coexist with modernity within an ethical framework aligned with Sharia. Conversely, in regions with smaller Muslim populations, such as Benin and Togo, traditional beliefs remain widespread and are often intertwined with animism and other non-Islamic faiths. The study also finds that religious demography significantly influences the persistence of some traditional beliefs but not others. Finally, it highlights a strong correlation between the popularity of traditional beliefs and the prominence of traditional religions within societies.
Legal Relations of Contemporary Islamic Family: A Study of The Existence of Local Culture in Sambas, West Kalimantan Asman, Asman; Nilhakim, Nilhakim; Kotyazhov, Andrey V.
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.2892

Abstract

This research investigates marriage laws in Islam, aiming to explore the scientific knowledge of Islamic family law related to the local Sambas culture in marriage practices. The people of Sambas deeply intertwine their regional loyalties with local customary culture, particularly in the context of Muslim weddings. This study addresses whether Islamic marriage laws conflict with local cultural traditions, especially within Indonesia's framework of Islamic family law. The focus of this research examines how the implementation of Islamic marriage laws interacts with or conflicts with the local Sambas culture. The research employs a qualitative methodology that combines fieldwork and literature review. The empirical normative approach is designed to describe data related to contemporary Islamic family law legislation in the context of the local cultural axiology of Sambas, West Kalimantan. This approach systematically examines and explains the facts and characteristics of the subject in detail and depth. The researcher closely ties the research methods to the procedures, techniques, tools, and designs used throughout the study. The primary finding of this research underscores that culture is fundamentally a product of human intellect, comprising patterns, ways of thinking, emotions, and reactions shaped by and expressed through symbols created collectively by the Sambas community. The study identifies significant issues in the current legislative framework, where policymakers often prioritize intellectual subjectivity over human objectivity. As a result, emerging policies fail to address societal needs adequately. In response, the researcher catalogs various forms of local wisdom within Islamic communities in Sambas, proposing these as relevant methodologies for establishing laws that align with local culture.
How Does the State Regulate the Administration of Unregistered Marriages in Muslim Minority Communities? The Practice of Mass Weddings in Jayapura City Rahman, Encep Taufik; Suganda, Ahmad; Lousada, Sérgio António Neves; Khafidz, Hasanah Abd; Huda, Miftakhul; Sopyan, Yayan; Mutmainah, Naeli; Kirin, Arwansyah Bin; Sartono, Sartono; Shapiulayevna, Aliyeva Patimat
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3210

Abstract

This study aims to analyze how the state regulates the administration of unregistered marriages (nikah sirri) in Muslim minority communities in Jayapura City, with a focus on the practice of mass weddings organized to facilitate the registration of marriages. Unregistered marriages, which are not recorded by the state, are still found among Muslim minorities in Jayapura. Factors influencing the practice of unregistered marriages include economic limitations, lack of awareness about administrative procedures, and difficulty in accessing official marriage registration services. To address these issues, the Jayapura City government, through the Religious Affairs Office (KUA), the Religious Court (PA), and the Directorate General of Population and Civil Registration (DUKCAPIL), has initiated a mass wedding program aimed at simplifying the legalization process for couples who have not yet registered their marriages. This research uses a qualitative approach with interviews and observations of couples participating in the mass wedding program. The findings indicate that this program is effective in raising public awareness about the importance of marriage registration. However, challenges remain in terms of legal understanding and the readiness of couples to comply with the applicable administrative procedures. The study suggests the need for increased education about the importance of marriage administration and strengthening access to marriage registration services to reduce the practice of unregistered marriages. With the mass wedding program, it is hoped that all marriages in Jayapura City can be legally registered according to state law, providing optimal legal protection for married couples
Political-Legal Strategies in Regulating Interfaith Marriage: An Analysis of Supreme Court Circular Letter in Indonesia Solikhudin, Muhammad; Meidina, Ahmad Rezy; Zayyadi, Ahmad; Faidati, Ashima; Shufyansyah, Ikhdan Gimas; Zain, Muhammad Fuad; Faizah, Nur
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3237

Abstract

This article examines the political and legal dimensions underlying the issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023, which addresses the issue of interfaith marriages in Indonesia. Through a qualitative approach employing doctrinal and socio-legal analysis, this study explores this policy's legislative intent, judicial implications, and broader societal impacts. The findings reveal that SEMA No. 2 of 2023 represents a strategic political-legal maneuver by the Indonesian judiciary to navigate the tension between religious norms, constitutional rights, and societal pluralism. While the circular aims to harmonize Islamic family law with Indonesia’s pluralistic legal framework, it has also sparked debates regarding its alignment with fundamental human rights principles and practical implications for legal certainty. This study contributes to the discourse on interfaith marriage regulation by offering a critical perspective on how judicial policies reflect and shape the broader political-legal landscape. The article concludes that SEMA No. 2 of 2023 is pivotal in balancing legal pluralism and social harmony and protecting religious and individual rights in Indonesia's dynamic legal system.

Page 29 of 32 | Total Record : 315

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