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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 606 Documents
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Gender Justice in Tudang Sipulung: An Ecofeminist–Maqāṣid al-Sharīʿah Reading of Inheritance in Bugis Bone, Indonesia Asni Asni; Tarmizi Tarmizi; Kiljamilawati Kiljamilawati; Patimah Patimah; Kartini Kartini; Md. Yazid Ahmad
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3572

Abstract

This article examines Tudang Sipulung, a traditional deliberative forum within the Bugis community of Bone Regency, South Sulawesi, as a culturally embedded mechanism for the distribution of inheritance. Using an ecofeminist perspective alongside the framework of maqāṣid al-sharīʿah, the study employs an empirical legal approach combined with legal-anthropological analysis. Data were collected through semi-structured interviews with religious leaders, local government officials, and heirs, supported by field observations and an examination of religious court decisions and village archival records. The findings show that women actively participate in inheritance deliberations and play a significant role in maintaining both family harmony and environmental sustainability. Their involvement reflects a close relationship between women’s economic responsibilities, household livelihoods, and ecological awareness. The practice of Tudang Sipulung demonstrates the protection of wealth (ḥifẓ al-māl) through negotiated and equitable distribution; the protection of lineage (ḥifẓ al-nasl) by reducing intrafamily conflict; and the protection of life (ḥifẓ al-nafs) by discouraging excessive accumulation and social tension. Conceptually, this study contributes to Islamic legal scholarship by reading customary inheritance practices through the combined lenses of ecofeminism and maqāṣid al-sharīʿah. In practice, it offers a gender-sensitive, environmentally grounded mediation model that may inform the resolution of inheritance disputes in pluralistic social settings.
Negotiated Gender Equality in Multireligious Families: Muslim Minority Households in Tana Toraja Sitti Aisyah Abbas; Nur Husnul Khatimah; Hadi Pajarianto; Imam Pribadi; Duriani Duriani; Elihami Elihami
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3750

Abstract

This study examines the strategies employed by Muslim minority families in Tana Toraja to foster harmony and gender-balanced relationships within multireligious household settings. Using a qualitative phenomenological design, the research draws on extended interviews and close observations of five families formed through religious conversion. The analysis shows that everyday family life is shaped less by rigid patriarchal expectations than by negotiated understandings of roles and responsibilities, allowing men and women to construct a shared moral framework that remains sensitive to their differing religious commitments. Women, in particular, often act as stabilizing figures who sustain kinship networks through social participation, educational involvement, and economic activities, while simultaneously upholding clear boundaries in matters of worship and creed. Interpreted through Maqāsid al-Sharīʿah and contemporary approaches to Islamic pedagogy (Tarbiyah), these patterns reveal an egalitarian ethos that reinforces the protection of faith and lineage by fostering an atmosphere that is both tolerant of pluralism and grounded in religious integrity. The study contributes to current debates in Islamic family law and the sociology of religion by demonstrating how negotiated gender equality becomes a practical strategy for preserving familial cohesion in multireligious contexts.
Customary Advice and Legal Pluralism in Marriage: Negotiating Customary and Islamic Law in Mandailing Natal Dedisyah Putra; Sumper Mulia Harahap; Juni Wati Sri Rizki; Lokot Zein Nasution; Rahmad Asril Pohan; Sabrun Edi
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3535

Abstract

This study examines how customary advice mediates the interaction between customary law and Islamic law in marriage practices among the Mandailing Natal community in North Sumatra. It addresses how normative integration operates within everyday legal pluralism at the micro-social level. Using a qualitative socio-legal approach, data were collected through participant observation, semi-structured interviews with customary and religious leaders, and textual analysis of customary marriage speeches. The findings show that customary advice functions as a culturally embedded mechanism for articulating and contextualizing Islamic values within the Dalihan Na Tolu kinship system. In marriage rituals such as mangupa and horja, customary actors convey principles of sakinah, mawaddah, and rahmah through locally resonant expressions. The novelty of this study lies in conceptualizing customary advice as a dynamic discursive practice that facilitates the contextual translation of religious norms rather than merely symbolizing tradition. Theoretically, this article contributes to legal pluralism by demonstrating that normative integration occurs informally, relationally, and contextually. It also reveals how modernization has shifted customary advice from an active mediating mechanism toward a more symbolic cultural form.
Procedural Formalities versus Substantive Protection (Reconciliation and Child Welfare in Divorce under Algerian and Indonesian Legal Systems) Yassine Chami; Elsa Rina Maya Toule; Deassy Jacomina Anthoneta Hehanussa; Mohammad Abdallah Alshawabkeh; Driss ED Daran; Enas Qutieshat; Muhamad Haviz
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3319

Abstract

This study aims to analyze the role of judges in promoting reconciliation and protecting children's rights during divorce proceedings, as regulated by the Algerian Family Code and the Civil and Administrative Procedure Code. The research employs a normative legal approach by examining statutory provisions and relevant literature to evaluate the practical implementation of legal norms. The findings reveal that although reconciliation is mandated by law, the failure to undertake such efforts does not invalidate the divorce judgment. This suggests that reconciliation serves as a procedural formality rather than a substantive requirement within the legal framework. The research further underscores the need for a more integrated legal approach that balances legal certainty with child protection. In practice, judicial focus during reconciliation hearings tends to prioritize the interests of the divorcing parties while insufficiently addressing the implications for children. Consequently, the study emphasizes the importance of active judicial intervention to safeguard children's rights to custody, maintenance, and protection during divorce. It advocates for legal reform to transform reconciliation into a meaningful mechanism, ensuring that the child's best interests are at the center of divorce proceedings.
Partnership Formation Within Fiqh Muamalah of Toleration: Religious Residential Segregation in Muslim Minority Communities in France Wildani Hefni; M. Khusna Amal; Qurrotul Uyun; Umar Chamdan
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.4097

Abstract

This study examines how Muslim minorities in Paris, France, negotiate religious identity and civic belonging through partnership formation, drawing on fiqh al-aqalliyyat as a normative and adaptive legal framework. This study aims to identify how the Muslim minority shaped partnership formation through the principles of fiqh of muamalah in a complex context, within the constraints of French laicite and its strategy to secure religious practice and social participation. Based on qualitative in-depth interviews and drawing on secondary ethnographic research and textual examination of Islamic legal discourse, the study demonstrates that the Muslim minority in France negotiates a hybrid identity that reconciles Islamic ethical commitments with local communities within fiqh al-aqalliyyat. It’s driven by the challenges of being a minority in partnership formation, thus becoming both a survival strategy and a site of theological reinterpretation. This article argues that partnership formation operates as both an outcome of Islamic legal adaptation and a mechanism of identity negotiation, producing hybrid forms of Muslim citizenship that remain structurally constrained by securitization and socio-spatial marginalization. The partnership is embodied in the principle of maslahah, which is the most frequently invoked interpretive tool in minority jurisprudence. In line with this, this article contributes to global Muslim minority legal studies by showing how fiqh muamalah and fiqh al-aqalliyyat operate not only as normative doctrines but also as social mechanisms for negotiating partnership, dignity, and civic belonging in secular urban contexts.
Negotiating Halal Certification in Bali: Legal Frameworks, Cultural Governance, and Muslim Tourism Market Tensions Wahyu Sri Handono; Ali Sodiqin; Volodymyr Shablystyi
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3878

Abstract

This study examines how halal certification is negotiated within Bali’s Hindu-majority tourism industry, where Indonesia’s halal regulatory frameworks intersect with local cultural governance and the growing Muslim tourism market. It addresses the limited attention given to halal tourism in Muslim-minority contexts and the governance tensions that emerge in such settings. Using a qualitative-dominant mixed-methods approach, this study draws on field-based data collected through semi-structured interviews with tourism stakeholders, including business actors, government officials, and community leaders, supported by relevant policy documents and academic literature. The findings reveal a dynamic interplay of support and resistance toward halal certification, shaped by religious values, sociocultural conditions, economic interests, and stakeholders’ professional orientations within Bali’s tourism ecosystem. Many actors view halal certification as a strategic instrument for attracting Muslim tourists and expanding market opportunities. However, resistance persists when certification is perceived as an externally imposed religious regulation that may challenge Bali’s local cultural identity. This study contributes to the literature by framing halal certification as a negotiated governance mechanism shaped by legal frameworks, cultural identity, and expectations in the Muslim tourism market. It argues that effective halal tourism development in Muslim-minority destinations requires culturally adaptive, inclusive, and communicative policy approaches that align economic incentives with local values.
Tafsir Maqasidi and Islamic Legal Reasoning in the Tolerance Practices of Muslim Minorities in North Sulawesi Ahmad Yusam Thobroni; Iskandar Zainuddin; Syamsudin Syamsudin; Sulthon Mas'ud; Ahmad Fathan Aniq
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3801

Abstract

This article examines how Muslim minority communities in North Sulawesi negotiate Islamic legal norms of tolerance within a predominantly Christian social environment. It argues that tolerance is not merely moral accommodation, but a form of contextual Islamic legal reasoning derived from a maqasidi reading of Qur’anic values and developed through maqasid al-shariah. This empirical-normative Islamic legal study uses juridical-sociological, Tafsir Maqsidi, and maqasid al-shariah approaches. Primary data were obtained through interviews with 15 informants in Manado, North Minahasa, and Bitung, supported by participatory observation and documentation. The findings show that tolerance is constructed through three spaces. In religious spaces, Muslims attend interfaith ceremonial events while avoiding participation in non-Muslim worship, reflecting hifz al-din. In cultural spaces, they selectively engage with local traditions such as Mapalus, Tulude, and thanksgiving practices, accepting elements compatible with Islamic values and avoiding those contrary to Islamic belief. In social spaces, cooperation in welfare, disaster relief, security, and civic activities reflects hifz al-nafs, hifz al-mal, hifz al-’ird, and maslahah ‘ammah. The study contributes to Islamic legal studies by showing how Tafsir Maqsidi connects Qur’anic values of tolerance with maqasid-based legal adaptation in Muslim minority contexts.
Taqābuḍ Ḥukmī in Crypto Asset Transactions: Digital Ownership under Islamic Law in Aceh’s Sharia Financial Context Istianah Zainal Asyiqin; M. Fabian Akbar; Muhammad Daffa Auliarizky Onielda
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3158

Abstract

This study analyzes taqābuḍ ḥukmī in crypto asset transactions within Aceh’s sharia financial context. The rise of crypto assets raises a key question in fiqh muamalah: how can Islamic law recognize ownership and possession when the object is non-physical and exists through blockchain records, wallets, and private keys? Unlike studies that focus mainly on whether cryptocurrency is halal or haram, this article examines digital ownership and constructive possession in a setting where sharia financial norms have formal legal significance. By examining taqābuḍ ḥukmī in blockchain-based transactions, this study presents crypto assets as a case of how Islamic law adapts its doctrines of property and possession to contemporary socio-legal and technological change. Using a normative-doctrinal legal approach with a contextual socio-legal reading, the study examines classical fiqh doctrines, contemporary sharia standards, Indonesian regulations, Aceh’s sharia financial framework, academic literature, institutional fatwas, and expert opinion. The study finds that crypto assets may be categorized as māl mutaqawwam when they have lawful utility, economic value, scarcity, technological infrastructure, and market recognition. However, valid crypto transactions depend not only on the asset’s status but also on the transaction mechanism. Spot transactions may fulfill taqābuḍ ḥukmī when buyers obtain effective digital control through wallet access, blockchain confirmation, private-key control, or transferability. Futures trading, leverage, short selling, fixed-yield schemes, and manipulative practices remain problematic because they may involve riba, gharar, maysir, najasy, or unlawful consumption of wealth. This article develops an Acehnese sharia digital ownership framework for assessing crypto transactions within Islamic economic law in Aceh.
Reform of Islamic Family Law Through Gender-Sensitive Ijtihad: The Role of Female Judges in Indonesian Religious Courts Ramdani Wahyu Sururie; Doli Witro; Irma Suryani; Abdul Mufti Albasyari; Muhammad Iqbal Zia Ulhaq; Ahmad Mundzir; Hayatul Islami
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3558

Abstract

Historically, the rulings of Indonesian Religious Courts have critically shaped gender justice in family law; however, the specific contributions of female judges through their judicial reasoning remain under-explored in a systematic manner. This article aims to highlight female judges from a legal perspective, viewing them not merely from a passive legal standpoint but also emphasising their active role in reforming Islamic family law. This research employs a legal-empirical approach. Primary data consists of official copies of religious court rulings; the four rulings analysed were selected from cases between 2019 and 2024. In addition, primary data was also collected through in-depth interviews with three female judges from various regions in Indonesia: Sumatra, Java, and Eastern Indonesia. Secondary data was gathered from a literature review, which included academic articles, annual judicial reports, and legal textbooks. Data analysis was conducted using a qualitative approach, beginning with data condensation, followed by data presentation, and concluding with the findings. This study concludes that female judges play a role in the reform of Islamic family law through the appropriate interpretation of legal sources and the legal facts presented in court proceedings. Furthermore, the use of a gender-justice-based ijtihad approach to achieve gender equality between male and female judges requires a holistic approach. On the other hand, female judges also systematically link various legal sources and employ legal reasoning to uncover the deeper truth behind the facts, which is essential for justice and legal reform. 
Accuracy of Burial Qibla Orientation in Gowa’s Allata Tradition: An Islamic Astronomy Perspective Alamsyah Alamsyah; Ferdinan Ferdinan; Sulaeman Sulaeman; Hisbullah Salam; Mualimin Mochammad Sahid
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3831

Abstract

Determining the Qibla direction for Muslim burials is both a legal and astronomical concern. Yet some indigenous Makassar communities in Gowa Regency, South Sulawesi, continue to rely on Allata, a local tradition for orienting graves through inherited knowledge, prayer, and intuition rather than calibrated instruments. This study examines the accuracy of Allata from an Islamic astronomy perspective using an ethnographic approach and field-based Qibla measurements with Istiwa’aini and a Suunto compass. The findings show deviations of 17°–23° from the required Qibla azimuth of 292°, indicating a substantial gap between customary orientation and astronomical calculation. These deviations matter because burial orientation is not merely a spatial arrangement; it also concerns the religious propriety of placing the deceased toward the Ka‘bah, particularly within the Shafi‘i legal tradition. The findings suggest that Allata should be preserved as a living cultural practice, but its application requires astronomical verification. Structured training for Parewa, simple measurement tools, verified cemetery markers, and collaboration with ‘ilm al-falak experts are needed to improve Qibla accuracy without weakening the cultural authority of the tradition.

Page 33 of 61 | Total Record : 606

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